Wlacon Counly  COUI  328 AT  MACON COUNTY BOARD OF COMMISSIONERS MARCH 14, 2023 REGULAR MEETING  6P.M. AGENDA  1. Call to order and welcome by Chairman Higdon  2. Announcements 3. Moment of Silence 4. Pledge of Allegiance 5. Public Hearing(s) - None  NOTE: Public hearing on proposed change to the Watershed Protection Ordinance will be held on April 11, 2023 at 6 p.m.  6. Public Comment Period 7. Additions to agenda  8. Adjustments to and approval of the agenda  9. Reports/Presentations  (A)Update on Macon County Cooperative Extension activities (B) Progress report on Georgia Road/Scaly Mountain area fiber infrastructure build - Matt Saenger, Director of Sales and  Christine Bredenkamp, Director Marketing, BalsamWest  10.Old Business of Franklin 11.New Business  (A) Skate Park project update - Amie Owens, Town Manager, Town  (A) Diacusion/onsideration of Memorandum of Agreement (MOA) Jennifer Turner-Lynn, Assistant Director, REACH of Macon  County  MACON COUNTY COURTHOUSE. ANNEX PHONE 828-349-2000  5WEST MAIN STREET  FRANKLIN, NORTHO CAROLINA 28734  FAX: 828-349-2400    (B) Resolution in Recognition of Macon County Crawford Senior Center Volunteers - Patrick Betancourt, Department of Social (9)Consideration of bid award for Macon County Transit facility D)Consideration of Resolution adopting a Code of Ethics for the Board of Commissioners - County Attorney Eric Ridenour (E) Consideration of Budget Amendment regarding boiler/chiller unit at the Human Services Building County Manager Derek  Services Director  expansion, Darlene Asher, Transit Director  Roland and Finance Director Lori Carpenter  12.Consent Agenda - Attachment #12  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 (A)N Minutes of the February 9, 2023 continued session, the February 14, 2023 regular meeting and the February 21, 2023 (C)Tax releases for the month of February in the amount of (D)Monthly ad valorem tax collection report - no action necessary  Commissioners.  continued session (B)Budget Amendments #189-195 $685.65  13.Appointments  (A) Economic Development Commission (2 seats) 14.Closed session as allowed under NCGS (if needed)  15.Adjour/Recess    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - REPORIS/PRESENTATIONS  MEETING DATE: MARCH 14, 2023  9A.  Macon County Extension Director Christine Bredenkamp has  requested time on the agenda to provide the board with an overview of the work that the local North Carolina Cooperative Extension office performs and to "share a few impacts that has been accomplished for Macon County." Her staff members will also attend and be introduced and will share brief comments as well, and Ms. Bredenkamp indicated she is planning for this to take about 10 minutes. She will also provide the board members with a  brochure.  Noaction will be necessary.  9B. Matt Saenger, the Director of Sales and Marketing for BalsamWest, will provide the board members with an update on the progress of the firm's efforts to build fiber infrastructure down the Georgia Road and into the Scaly Mountain area. Mr. Saenger has also estimated that his presentation  will take approximately 10 minutes. Noa action will be necessary.    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - OLD BUSINESS  MEETING DATE: March 14, 2023  10(A). Franklin Town Manager Amie Owens will provide the board with an update on the proposed Skate Park project planned for the town's Whitmire Property. Please see the enclosed document from the town for more information, which calls for $50,000 in funding from the county in the upcoming budget year to assist in completing the project as quoted.    Franklin 1855  na  SKATE PARK AT WHITMIRE PROPERTY  The initial amount of the project was quoted as $294,750; however, town crews will do the site grading which will defer costs bringing it to a total of $262,250. All ofthe donations have been forwarded to the Region. A Foundation and all will be used toward the project. The total raised as of February 6is: $101,674.74. This includes donations from Macon County at $35,000;JE Dunn at $25,000 and all The Town has committed a $50,000 grant reimbursement under SCIF to construction  other donations.  for a total of $151,674.74 raised toward the project. This leaves $110,575.26 to complete the project as quoted.  Thej proposed funding to complete the project would be for the Town tol budget $50,000 in the FY 2023-2024 and request $50,000 from Macon County in FY 2023/2024. The remaining $10,575.26 would continue to be donation driven by Sk828 and the skate Construction is slated to begin in June 2023 and be completed within 120 days. Fixed costs absorbed by the Town not included in the total for the skate park: The Town donated the land valued at $12,500 for the skate park specific area  community.  The Town paid for the skate park design at $15,000. The Town will complete the grading valued at $32,500    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - NEW BUSINESS  MEETING DATE: March 14, 2023  11(A).  Jennifer Turner-Lynn, the Assistant Director for REACH of  Macon County, will be at the meeting to present a proposed Memorandum of Agreement (MOA) between the county and REACH with regard to human trafficking. The MOA notes that its purpose is to articulate the working relationship and partnership "in providing resources, comprehensive outreach, direct client services and systematic advocacy to human trafficking victims and their children." A copy of the MOA will be included in the packet, and Ms. Turner-Lynn can provide additional details  at the meeting. I1(B).  Department of Social Services (DSS) Director Patrick  Betancourt is requesting the board's consideration of a resolution recognizing the volunteers who serve at the Macon County Crawford Senior Center. A copy of that resolution, which proclaims April 16-22, 2023 as Macon County Volunteer Week, is included in the packet, and Mr. 11(C). Macon County Transit Director Darlene Asher is seeking the board's approval of a bid to expand the Transit Department facility at 36 Pannell Lane. Ms. Asher is requesting approval to enter into a contract with Owle Construction in the amount of $715,000. In the packet you will find copies of (1) the Sole Source Justification Form (please note Ms. Asher's comments at the bottom of the form); (2) the Standard Bid Form and (3) : a bid tabulation from Novus Architects. She can provide additional details or 11(D). Enclosed in the packet please see the "Resolution adopting the Code of Ethics for the Macon County Board of County Commissioners," which has been prepared by County Attorney Eric Ridenour. Section 160A-86 of  Betancourt can share additional details at the meeting.  answer questions on Tuesday evening.    the North Carolina General Statutes requires local governing boards to adopt a code of ethics, and Mr. Ridenour can provide additional insight on this 11(E). With regard to the boiler/chiller unit at the Human Services Building on Lakeside Drive, please see the enclosed Budget Amendment asking the board to appropriate $110,000 from the fund balance of the general fund to purchase a 90-ton chiller unit for the Social Services/Health Department building. In addition, the board would need to adopt a motion as follows: "For the purchases of apparatus, supplies, materials, or equipment, the Macon County Board of Commissioners delegates to the County Manager the authority to award contracts, reject bids, or readvertise to receive bids on behalf of Macon County in accordance with NCGS 143-129 (a)." County Manager Derek Roland and Finance Director Lori Carpenter can provide  topic at the meeting.  additional information at the meeting.    esources Education of Assistance Macon "Counseling  County Inc.  Housing  Memorandum of Agreement  Thet following agreement between Macon County. Commissioners: and REACH of Macon County is drafted for the purpose of articulating their working relationship and partnership in providing resources, comprehensive outreach, direct client services, and systematicadvocacy to human trafficking victims Data indicates that it is estimated that there are more: than 700,000 trafficked victims globally each year, and as such, local government plays a pivotal role in the fight against human trafficking. Human trafficking is ai form of modern-day slavery that trades and exploits children, women, and men each  and their children.  year, violating their basic rights tol life, liberty, and security (unitar.org).  By working together, both parties will:  Support the overall mission of REACH of Macon County Identify and assist victims of human trafficking and: sextortion  Ensure contact to av victim service provider when victims present within local government Collaborate to provide outreach for victims of human trafficking and sextortion when Collaborate to assist with development and provision of training to county employees as Support outreach and awareness efforts as they relate to humani trafficking and: sextortion  agencies appropriate appropriate  REACH of Macon County Macon County Manager  Date  Date    Resolution in Recognitionof  Macon County Crawford Senior Center Volunteers  WHEREAS, Macon County is a community rich in volunteers that dedicate their valuable time and resources to the Dorothy R. and John L. Crawford Senior Center, making  significant and positive outcomes, great and small; and  WHEREAS, volunteers have donated 3,564 hours at the Crawford Senior Center during WHEREAS, the spirit of volunteerism provides even more evidence that Macon County's WHEREAS, volunteering one's time has been a significant partofour County heritage; and it is critical that we continue such a tradition to preserve and improve the quality of WHEREAS, experience teaches us that government alone cannot meet all the needs of WHEREAS, we continue to rely on the efforts of volunteers to enrich our community. NOW,THEREFORE, bei it resolved that the Macon County Board of County Commissioners do, hereby thank and honor the volunteers at the Crawford Senior Center by proclaiming April 16-22, 2023 as Macon County Volunteer Week.  calendar year 2022; and  greatest resource is its people; and  life for our citizens of our community; and  our county; and  Adopted this 14th day of March, 2023  BOARD OF COMMISSIONERS FOR MACON COUNTY, NORTHCAROLINA  Chairman Attest    Sole Source Justification Form  Procurement by noncompetitive proposals may be used only when the award ofa contract is infeasible under small purchase procedures, sealed bids, or competitive proposals and at least  one oft the following circumstances applies:  Check one:  The item is available only from a single source (sole source justification letteri is The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation (documented emergency condition is FTA authorizes noncompetitive negotiations (letter ofa authorization is attached). After solicitation ofar number of sources, competition is determined to be The item is an associated capital maintenance item as defined in 49 U.S.C. $5307(a)(1) that is procured directly from the original manufacturer or supplier of  attached).  attached).  X  inadequate (record ofsource contracts is attached).  the time to be replaced (price certification attached).  Comments:  Macon County Transit put this part oft the project for bid Three (3)times. On the 3rd bid we received one bid. (Owle Constructions) We had one bid from Wind River show up after the 4pm dead line, and Kearey Construction sent an email stating they were not going tol bid due to the time frame to get their numbers together, Side note we extended the bid date by 10 days to allow  more time for the bid process.  Independent Cost Estimate and/or Cost Analysis is attached  Macon County Transit Director  Agency Designee Signature and Title 2-16-33 Date Revised2 2/2021  TA    STANDARD BID FORM (Contractor)  BIDOF:  Owle Construction, LLC  BIDTO: MACON COUNTY  Attn: Lindsay Leopard 5WM Main St Franklin, NC 28734  PROJECTI NAME: Macon County Transit Services  PROJECT NUMBER: 20-92358 BASE BID AGREEMENT:  The undersigned, as bidder, hereby declares that the only person or persons interested in this proposal as principal or principals is or are named herein and that no other person than herein mentioned has any interest in this proposal or in the contract to be entered into; that this proposal is made without connection with any other person,, company, or parties making a bid or proposal,, and that it is in all respects fair and in good faith without collusion or fraud. The bidder further declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the specifications for the work and thec contract documents relative thereto, and has read all special provisions furnished prior to the opening of bids; and that he has satisfied himself relative to the work to be The bidder proposes and agrees if this proposal is accepted to contract with Macon County Government hereinafter called the Owner, in the form of contract specified, to furnish all necessary material, equipment, machinery, tools, apparatus, means of transportation, and labor necessary, to complete the construction and installation of: Macon County Transit Services work as described in the construction documents dated March 30, 2021 on the drawings Cover Sheet issued through Macon County Government. Biddera acknowledges receipt oft the following addenda used in computing bids:  performed.  Addendum No. Addendum No. 2 Addendum No. Addendum No.  Dated 1/24/2023 Dated 2/2/2023 Dated Dated  Received 1/24/2023 Received 2/3/2023 Received Received  The work shall be conducted in full and completed accordance with the plans, specifications, and contract documents, to the full and entire satisfaction of Macon County, with a definite understanding that no money will be allowed for extra work, BASE BID_ Seven Hundredandl Eifteen Zuvzinl DOLLARS ($.75,000.00  except as agreed to by Macon County, for the lump sum of:  (Bidder'sS Signature). Aoe 11 (Firm) Owle Constration LLL  Page 1of6    CONTRACT AWARD  This solicitation will be awarded as the total base bid and any alternates or combinations that may bei in the best interest of Macon County to one responsive and responsible bidder whose bid is determined to be most advantageous to Macon County, takingi into consideration price, delivery and adherence to the bid specifications. The award will not All bidders should include with their bid response a signed letter, on corporate letterhead, detailing their ability to perform the work as described int the! bid documents. The Macon County Board of County Commissioners reserves the right to take this information into consideration in the process ofbid evaluation and award. Shoulda bidder be unable, in the opinion oft the County Commissioners, to perform projects int this solicitation, the County Commissioners may award to the next lowest responsive bidder. DATEOFCOMMENCEMINTANDSUBSTANTAL COMPLETION: The DATE OF COMMENCEMENT shall be established int the "Notice to Proceed" (NTP). The Contractor shall not incur any expense chargeable to this Project until both the County and Contractor have executed the Contract, and al Notice tol Proceed isi issued. All work shall be substantially completed (as evidenced by the date on the Certificate of  be divided between multiple bidders.  Substantial Completion): no later than:  One Hundred Eighty-Six (186) (6 months)  CALENDAR DAYS from the DATEOFCOMMENCEMENT SETI FORTHI INTHE "Notice to Proceed", subject to adjustments as provided in the Contract Documents. The undersigned further agrees that from the compensation to be paid, the Agency shall retain as Liquidated Damages the sum of: NONE for cach calendar day the actual construction time to achieve SUBSTANTIAL COMPLETION exceeds the specified or adjusted Contract time for SUBSTANTIAL COMPLETION as provided in thc Contract  Documents. BID SECURITY: (5%) of the bid amount.  The undersigned shall enclose al BID BOND/DEPOSIT in the amount ofl Five Percent  PERFORMANCE & PAYMENT BONDS:  Performance and Payment Bonds, each in the amount cqual to 100% of the Contract Amount, shall be required oft the successful Bidderi ifthe Contract is awarded.  (Bidder's Signature). Aoe NLL (Firm) Oule Constnuckinyl  Page 2of6    MNOATYTARICFATONK  The successful bidder shall perform this project in compliance with thel Federal and State requirements concerning fair employment ofa all employees and applicants. Bidders shall promote the employment ofthe disabled and disadvantaged and shall employ without regard or discrimination due to the reason ofr race, age, color,religion, gender, national Iti is thei intent ofThe Board of County Commissioners tol have ay verifiable ten perçent (10%) goal for participation by minority businesses (as defined by NCGS 143-128.2) in total value of work for cach building project. Provide an explanation in your bid ofhow you intend tol help achicve this goal. This goal can be achieved byj joint ventures, sub-contractors, for construction related Bidders are required to submit the following forms executed and signed with their bid  origin or physical disability.  work andj professional services, supplier/vendors ofi materials.  documents:  Identification of Minority Business Participation Contract with Own Workforce Minority Subcontractor Unavailability Certificate  Affidavit A- - Listing of Good Faith Efforts OR Affidavit B. - Intent to Perform  LISTING OF SUBCONTRACTORS FOR BASE BID: (LIST] FOR ANY BASE BID USED) Any Bidder ini response to ani invitation for bids shall list in his bid the name of only those SUBCONTRACTOR (S) that will perform the work soi identified "Invitation For Construction Bids". Ifthe Bidder determines to use his own employees toj perform portions ofthe work for which he would otherwise be required to lista SUBCONTRACTOR and ift the Bidder is qualified to perform such work, the Bidder shall list his company name int the appropriate place in his bid and not subcontract any of that work except with the approval ofMacon County for good cause shown. AS SUBCONTRACTOR is an entity that will perform work or render service to the prime contractor to or about the construction site. Material suppliers, manufacturers and fabricators are not SUBCONTRACTORS and are not to be listed below: FAILURE BY THE: BIDDER TOLISTTHBI NAME (S) OFSUBCONTRACTORS REQUESTED SHALL. RENDER THEIR BID NONRESPONSIVE. ANSWER WITH ONE OF THE FOLLOWING: )SUBCONTRACTORS NAME 2) PRIME BIDDERS NAME  Project Name: Macon County Transit Services  Description ofWork Concrete Foundations Wood Trusses Mechanical  Subcontractor's) Name  License Number  Owle Constnaton,l 5428Z Oule Conshnetion,lLC 54287  Balbon Constrtion  0l042-P1,2,03  (Bidder'sS Signature). A8ec VL (Firm) Oule Camitactionyllc  Page 3 of6    Plumbing Electrical General  Mountein Plumhing Cherohee Eledrical Owe Constyellon,l  L.10457 1.05509 54282  The Bidder shall list only SUBCONTRACTORS qualified to! perform items ofwork specified ors substitutions approved at the time of bidding. Thel Bidder may list more than one SUBCONTRACTOR for aj particular type of work, but must include with the Bida precise description oft the division ofv work between the named SUBCONTRACTORS. Nol Prime Contractor whose Bid is accepted shall substitute any person as SUBCONTRACTOR inj place oft the SUBCONTRACTOR listed in the original Bid,  except as provided fori in N.C.G.S. 143-128(d). BID HOLDING TIME AND ACCEPTANCE:  This Bid shall remain open for acceptance for a period ofs sixty (60) calendar days from thel Bid due date unless otherwise indiçated. The undersignedagrees that this Bid may only be withdrawn within 72 hours oft the bid opening and in accordance with the FEDERAL AND STATE REQUIREMENTS and SPECIALCONDITIONS for The undersigned certifies that the Contractor listed below will comply with the Federal and State Requirements and Special Conditions for Construction. Bidders are required to submit the following forms executed and signed with their bid  requirements set forth in N,C.G.S. 143-129.1.  CONSTRUCTION:  documents:  DBE Participation Schedule  Attachment A: Certification Regarding Lobbying  Attachment B OR Attachment C: Only one certification form to be submitted. B: Certificate of Compliance with Buy America Requirements C:Certificate ofNon-Compliance with Buy America Requirements Attachment D: Certification Regarding Debarment, Suspension, Ineligibilityand Voluntary Exclusion Lower Tier Covered Transactions Attachment E: Affidavit of Compliance with N.C. E-Verify Statutes Attachment F: Certification of Compliance with Davis-Bacon Provisions  CERTIFICATION REGARDING DRUG-FREE WORKPLACE: The undersigned certifies that the Contractor listed below will provide a "Drug-Free FEDERAL DENTFCATONNUMIER: 47-0979464  Workplace".  (Type or Print)  (Bidder's Signature). Aoa 1A (Firm) Owle Constation,l  Page 4 of6    CONTRACTORSCLASCLASSIEICATIONSSURCLASSIFICATONSW/LIMITATIONS:  Vaclessifie (Classification)  N/A (Sub-classification) 54287 (NC Contractor's License Number)  Valinited (Limitations)  AUTHORIZATION: Owle Constrvction LLC (Type orl Print Name ofContractor) 120 Hoot Owl Road (Type or Print Address) Whthiey Novth Covolina (Type or Print City and State) (828)492-8900 (Type orl Print Phone Number) poe  28789  NpL  2-1-23 (Date)  (Bidder's Signature).  (Firm) Owle Conctcbion,LC  Page 5 of6    Attacht tol Bid Attach tol Bid Attach tol Bid Attacht tol Bid Attacht tol Bid Attach tol Bid Attachto Bid Attach tol Bid  Identification of Minority Business Participation  Owle Gonshction LLC  (Name of Bidder)  dol hereby certify that on this project, we will use the following minority business enterprises as construction subcontractors, vendors, suppliers or providers of professional services.  Firm Name, Address and Phone #  Work Type  *Minority Category I  **HUB Certified (Y/N) y  Owle Constrction, LLC - /20 Hoot Concrete  Ow Rond WhiHlev, NG 28789 (929)497-8700  WooJ Framing Openings  *Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (1), ** HUB Certification with the state HUB Office required to be counted toward state participationgoals. The total value of minority business contracting will be $250,000.00  Female (F) Socially and Economically Disadvantaged (D)  equaling  % of the total contract price.  MBForms 2002-Revised July 2010    BID BOND February2,2023 Owle Construction, LLC. 1207 HootOwIRoad Wnitrer,NC28789 The Ohio Casualty Insurance Company 175 Berkeley Street Bosion,A02176 Macon County Government 5West Main Street Franklin, NC 28734 Five Percent (5%) of Bid Amount February2,2023  Date of Execution of this Bond Name and Address of Principal (Bidder) Name and Address ofSurely  Name and Address of Contracting Body Amount of Bond Bida and Proposal Dated: Project Name:  Macon Transit Services Renovation  KNOW ALL MEN BY THESE PRESENTS, that we, the PRINCIPAL above named and SURETY above named who is duly licensed to act as SURETY in the State of North Carolina, are held and firmly bound Carolina, as Obligee, in the penal sum of five percent (5%) of the amount bid in the bid and proposal described above, in lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such, that ift the PRINCIPAL shali be awarded the contract for which the bid and proposal above described is submitted and shall execute the contract, give bond for the faithful performance of the contract, and give bond for the payment of all persons supplying labor and materials in the prosecution of the work provided for in said contract, within ten (10) days after the award of the same to the PRINCIPAL above named, then this obligation shall be null and void; BUT if the PRINCIPAL above named fails to so execute such contract and give performance bond and payment bond as required by Section 129 of Chapter 143 oft the General Statutes of North Carolina, as amended, and Article 3 of Chapter 44-A of the General Statutes of North Carolina, as amended, the Surety shall upon demand, forthwith pay the Obligee the amount of this bond set forth  unto Macon County Government severally, firmly by these presents,  a body corporate of the State of North  above.    Page 2  Revised 9/02  IN WITNESS WHEREOF, the Principal above named and the Surety above named have executed this  instrument under their several seals on the date set forth above.  WITNESS:  Owle Construction, LLC Principal (Name of Individual, individual and trade name, partnership, corporation, orj joint venture) erpL Title: VP/Member sointventure) (Corporate Seal of Principal)  (Proprietorship or Partnership)  (SEAL)  ATTEST: By: Title:  (Corporation)  (Owner, partner, office held in corporation,  (SEAL)  (Corporation Secretary or Assistant Secretary Only)  The Ohio Casualty Insurance Company Surely(Name of Surely Company) ordae Lavonne Sherrod (Corporate Seal of Surety) 1900N. Winston Road Knoxville. TN.37919 (Address of Attorney in Fact)  WITNESS:  heul Attorney in Fact  GmaeHaaenA Title:  COUNTERSIGNED: N/A N.C. Licensed Resident Agent  553425-1    ThleP Power oAttomeyl Iimist thea eclso ofthosen namadhereln, and! they! haven noauthorlyto tobindthe Companye exceptinthen manner andk lou thee extentherelns staled. Liberly Mutuall Insurance Company The Ohio Casualty Insurance Company RPNERPMAHIPANEA,  Liberty Mutual. SURETY  Cerlificate No: RPARR2A.RAPRAF  KNOWNA ALLI PERSONSBYT THESE PRESENTS:Thal) The Ohlo Casuallyl Insurance Companylsa corporation duly organizedu undert thel lews ofthe Slate ofNew! Hampshike, thalLiberty Muluallnsurance Companyi isa scorporalion duly organized under thel laws ofth the Stale ofN Massachuselts, andy West American! Insurance Companylsa corporaliond duly organlzedunder thel lewso ofthe Steleo ofl Indiane! (herein collectively called the" Companles"), pursuantt fo endbyavhorly! hereins self forth, doesherebyname, conslilule anda appolnt, ChalesC  Martin, James E.Oakes, LavonneSherrod. Leanne Hammons. Lindal M.I Howard  allofhecilyol. persons.  Knnyyille  slale ol_  TN  each Iindivduallylfhere! ben more! thand onen named, lislve andlawiula atforsylnlactiomaka,  execule, seal, acknowledge andd delver, for and onlist behalfe ass surelye enda agi itse Bca andd deed, any ands allu underlakings, bonds, recognizances endothers surely obligalions lap pusuance ofl thesep presenls ands shall bee es binding upon the Companlas Bslflhey haveb been duly signed by! lhep presldenta anda allesledb by the sacrelaryo ollhe Companles! Int ther oNn proper INV WITNESS WHEREOF,hls! Power ol Allorneyh hast been subsctibedbye ene eulhorized officer or official ofthe Companles ondihed cotporeles sea's o/the Companles beve been alixed  therelots 79nd davof_ Anonet 2022  Uberly! Muluall Insurance Company TheONo Cesueilylnsurance Compeny WestAmeriçen! Insurence Company By: 4hM6 DavdM Carey,  1912 HVE  1919  1991  O/PENNSYLVANIA Sleled  AsaislantSecrelary  $5  884 MONTERM ERY August 2022. beforer mep personaly sppeared! DavidM. Carey, whos acknowladgedh himselitobe! theA Assislants Secrelaryofl Liberly! Mulual Insurancel Company, The Ohio Casually Company, andy West American Insurence Company, andt thath he, 8S8 such, beinge euthorizeds sok lodo, execule thef foregolngi instrument for thep purposes INWITNESS WHEREOF,havehereunlosubscibedi myr namea anda alfixedr myr notarials seala alPlymouth! Meeling, Pennsylania, onli lhed daye endy yeart frsta abovey wrillen.  thereinc contained byslgningo onbehaldflecnpuaionst byh himselfa asad duly aulhorizedo officer.  Commonwealho ofPennsylvanie. Nolarys Sopl TeresP Pastels, NolaryPublio MontgomayCounty, Mycommissione eplesh March 28,2025 Commissionn number 1126044 By: Mamber, Paansyivanla AAaneINoaEa TeresaPaslella, Nolary Public  batills  fus  IRY puP  This Power dA Allorney is made ende execuled pursuan! loe end! bya auhorily of the lollowing By-laws and Authorizetlons ol The Ohlo Cesualy Insurance Company, Uberly Muluell. Any oflcer ord olhero oficialofthec Corporatlone eulhorizedi for thatp purposel Inwtiling! bytheC Chairmen or thef President,e ends subjecllo auch limitalione est the Chalrman ortha Presldenl). may prescribe, shall appolnis suche allornays-ln-lact, esm may ber necessary loa acin behelfofthe Corporation tor meke, execute, seal, acknowledge ando dellvar 868 surely anye enda all de undertakings, bonds, reconizences and olher gurely obligations. Such llomeys-l In- lac, subjectt tot thel Iimlelionss sel forthi in thelr respective powers ofa alio.ney, shallh have fuN. power lobind! the Coxporelionbylheirs signaturos ende execution ofany suchl Instumenls and! tos allach therelou the sealofthe Corporabon, Whens S0 executed, suchl Inslrumente shall beas bindinga asi ifsignedb by! the Presldenl ande ellested lobyt the Secrelary. Any power or authotllys granted lo8 anyr represenlative or alforey-In-lacl under the provislons olt this a Any oflicer oflhe Company aulhgrizedf forl thal purposel In wrilng! by! the chalman orv thep presidenl, ends subject los such limitallons ast the chalman or thep presidentn may prescribe, shall appolnt such atlorneys-h n-lact, esn may! ber neçessery lo ecti hb behalf of the Company! tor make, exacute, seal, acknowledgea andd deliver 8s surely eny ande ellu undertakings, bonds, recognizances endo olhers surely obliyations. Such altoneysir in-fact subjectt tothel limitallons set forthint thehr respeclve powers ofe ellomey, shallh hayet fulpowerl loblndthe Company! by theirs signature ande execution ofa anye suchl Inslumenls and to attach lhereto Ihes seal ofthe Company. Whens $0 executeds suchi Inslrumenls shellt bes asb bindinga asli Corne88A MKASPMEMENSwNA acingp pursuanl lot the Bylews ofthe Company, authorizes DavdN M. Carey, Agsislant Secrelaryt toe appoints such ellorays-in- fecla as may beneoesaryt to acto on behalf olthe Compeny! lor make, execute, seal, acknowledge ando deliver ass surely anya anda allu undertaklngs, bonds, recognizences and olhers surely Aulhorizalion- By unanlmous consent oflhe Company's Boad afDireclors, the Company consents thatf facsimile or mechaniçallyn reproduçed signature ofa anya assislant secrelary ofthe Company, wherevere eppearingu upon acerfifedo copy ofany power ofa atlorney! Issuedbyt the Companyl Inc connectiony wilhs suraly bonds, shall bev valide end bindingu uponu the Companyy wilh Renee C. Llewellyn, the undersigned, Assislant Secrelary, The Ohio Casually! Insurance Company, LibertyA Muluall Insurance Company, and WestA American! Insurence Company do herebyo cerlityt thatu thec originalp power oattoreyo ofv whlch thel foregolngis isalull, lue endo corredt copy ofthe Power OfA Atoneye execuledbysaido Companles,isifulf forcea ande eled and WTESIMWYWAEREOE Ihaveh hereunlos seln my! handa ande affixed! thes seals ofseid Companlesth this_ Z. dayd Fcbary,2073  Insurance Company, andy WestA Americanl Insutance Companyy whichr resolulions arer nowi infull force ende efecreadingastolows:  ATICEINV-OFCERSSain 12.F Power ofAloney.  ARTCDEXIRENR.SAa8 BPCmPSABCNS 9ByG8B hBPIRAERLAgby! thec olfiçer or olficers granlings suchp power ora authorly.  oblgations.  thes samef force ande effecta asu lhough menuallya affixed. hasr notbeent revoked.  1912  1919  1991 OIAN  By: Buy- Reneec. Lleweliyn,A Assisisnt Secrelary  LM8-12873L LMIGOCIÇWAIC MulCo02/21    ATTACHMENT A  CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding $100,000)  The undersigned Owle Consindla.cerifes, tot the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any persons fori influencing or attempting to influence an officer or employee of any agency, al Member of Congress, an officer or employee of Congress, or an employee ofaN Member of Congress in connection with the awarding to any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any 2. Ifanyf funds othert than Federal appropriatedi funds have been paid or willl bey paidt to any person fori influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying", in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transactions imposed by. 31, U.S.C. 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each [Note: Pursuant to 31 U.S.C. 1352(C)1)-12)A), any person who makes a prohibited expenditure or fails tot file or amend a required certification or disclosure form shall be subject to a civil penalty of The Contractor, Owle ConswJchs, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Section A 3801 et seq. apply to this certification and  (Contractor)  Federal contract, grant, loan, or cooperative agreement.  1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq. )  disclose accordingly.  such failure.  not less than $10,000 for each such expenditure or failure.]  LLC  disclosure, ifany. 21212025 Date  PL  1D  Signature of Contractors Authorized Official J.Pec Weber Sr. yPMember Name and Title of Contractors Authorized Official Notary PODIRRs K My Appointment Expires. 9M31221  Subscribed and sworn. to before me this, 2 day offelo 283, in the State of NC.  Dounty ofcshy  NOTARY  PUBLIC   32    ATTACHMENT B CERTIFICATE OF COMPLIANCE WITH BUY AMERICA REQUIREMENTS  (To be submitted with all bids exceeding $150,000. AK bid, which does not include this certification  or the certification under Attachment C, will not be eligible for award.)  The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323()(1)  and the applicable regulations in 49 C.F.R. Part 661.  DATE  2-2-23  SIGNATURE, 4uia MP) COMPANY. DJ)e ConstrilLL NAME. .Decn Weber,. TITLE. VP/Member  State of. wC. County of Susw  Subscribed and sworn to before me this 2. day of Rb 2023,  Notary Publc-mbn I4. My Appointment Expires  G  K - - fosy couusil omg PUBLIC 9 COUNTS  131202  33    ATTACHMENT C  CERTIFICATE OF NON-COMPLIANCE WITH BUY AMERICA REQUIREMENTS  (To be submitted with all bids exceeding $150,000. A bid, which does not include this certification The bidder hereby certifies that it cannot comply with the requirements of 49 U.S.C. Section 53230), buti it may qualify for an exception pursuant to 49U.S.C. 53230)(2), as amended, and the  or the certification under. Attachment B, will not be eligible fora award.)  applicable regulation in 49 CFR Part 661.7.  DATE. 2-2-23 SIGNATURE Aor1p. COMPANY. Dwle ConsincH,LLC NAME, S.Decn Weher,3. TITLE. VP/Member  State of NC County of Gw  Subscribed and sworn to before me this 2. day of. Rua 2023  K NOTARY EA Por MY COMMISSIONE EXPIRES 9/13/2027 % PUBLIG 9 ANCOUNS  Notary Public SAks My Appointment  i 4212427  Expires  34    ATTACHMENT D  CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTION (To be submitted with all bids exceeding $25,000.)  (1) The prospective lower tier participant Bidder/Contractor) certifies, by submission of this bid or proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by (2): The prospective Bidder/Contractor also certifies by submission of this bid or proposal that all subcontractors and suppliers (this requirement flows down to all subcontracts at alll levels) are not presently debarred, suspended, proposed for debarment, declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or (3) Where the prospective lower tier participant Bidder/Contractor) is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanationt to The lower tier participant Bidder/Contractor), Oule Cons Stcrions certifies or affirms the truthfulness and accuracy of this statement ofi its certification and disclosure, ifany.  any Federal department or agency.  agency.  this bid or proposal.  hhc  DATE. a-2-23  SIGNATURE Auer MP1. COMPANY Dw)e Constttio,lC NAME, J.Deca Weber, Jr. TITLE. VF/Member  State of NC, County yof Saw  Subscribed and sworn to before me this 2. day of. Rv  2025  K 6 00 NOTARY MY COMMISSIONEXPIRES 9/13/2027 PUBLIC O ICOUNS  Notary Public. nhn LQ My Appointment Expires 9al2w2  35    ATTACHMENT E  STATE OF NORTH CAROLINA COUNTY OF 5Vcin  AFFIDAVIT OF COMPLIANCE WITH N.C. E-VERIFY: STATUTES  (To be submitted with all quotes/bids)  S.Deen Weber,Sr. deposes and says as, follows; 1. lam the Vr/Member  (hereinafter the' "Affiant"), duly authorized by and on! behalf (President, Manager, CEO, etc.)oft the Employer and  of Owic ConstysfoA LLC (hereinafter the "Employer") after being first duly sworn possess the/full authority to speak for and on behalf oft the Employer identified above. 2. Employer understands that' "E-Verify" means thet federal E-Verify program operated byt the United States Dept. of Homeland Security and other federal agencles, or any successor or equivalent program used to verify the work authorization of newly hired employees 3. VEmployer employs 25 or more employees, and is in compliance with the provisions of N.C. General Statute $64-26. Employer has verified the work authorization of its employees through E-Verify and shall retain the records of verification for a period of at Employer employs fewer than 25 Employees and is therefore not subject to the 4. All subcontractors engaged by or to be engaged by Employer have or will have likewise 5. Employer shall keep the State of North Carolina informed of any change in its status  pursuant tot federal law.  least one year.  provisions ofN.C. General Statute $64-26.  complied with the provisions of N.C. General Statute $64-26. pursuant to Article 2 of Chapter 64 oft the North Carolina Statutes. This gr day of Febryery 2023,  Aeec 1p1. Signatureo of Afianf .. Decn We) ber,Sr. Printed Name  Vepemker  and Title  State of.  NL  County of. Sux  Subscribed and sworn to before me this 2 day of Rs  2013  Notary  u  Puoicharhaur  (SEAL)  000 NOTARY MY COMMESIONEXPIRES' 9/13/2027 PUBLIC t9 u  My Appointment Expires  91312617  36    ATTACHMENT F  CERTIFICATION OF COMPLIANCEWITH DAVIS-BACON PROVISIONS  Mccon Covaty Tcaasit Renovation QwEynatietin: bhEgo! (LIstr name of constructionp projectrepair)  PROJECT:  LOCATION: Bryson City  NC COUNTY:_ Swoin  (City)  CONTRACTORISUBCONTRACTOR: Owle CoAAGiylL In accordance with the requirements of the Davis-Bacon Act, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government are being pald wages at rates not less than those prevaling on projects of a character similar in the locality as determined by the Secretary ofLabor in accordance with subchapter IV of Chapter 31 oft title 40, United States Code. Inaddition, the ownerrepresentatve. musto conduct adequate oversight for compliance with Davis- Bacon and related Acts through (a) the review of payrolls and associated certifications, (b) conducting of employee interviews if necessary, and (c) the posting of the Davis-Bacon Poster, all wage determinations, and additional classifications (as appropriate) on the work site. The Contractorsubcontratol, Owle Consirvction LLç certifies or affirms the truthfulness and accuracy of the above statement and that the referenced project will be in compliance with the  Davis-Bacon requirements. 2424223 Date  Auer P1 Signature of Contractor's Authorized Official J.Decn Weber, r. VfMember Name and Title of Contractor's Authorized Official  Subscribed and sworn to before me this 2. day of Rd 2013, in the State of NL.  and the County of Saa  Notary Public vh My Appointment Expires 9lialan  K  MY Pors ZOMMISSIONEXPIRES 9/13/2027 h PUBLIC 9 COUNS    37        Resolution adopting the Code of Ethics  for the Macon County Board of County Commissioners WHEREAS, Section 160A-86 ofthe North Carolina General Statutes requires  local governing boards to adopt a code ofe ethics, and  NOW THEREFORE, ini recognition of our blessings and obligations as citizens ofthe State of North Carolina and as public officials representing the citizens oft the County of Macon, and acting pursuant to the requirements of Section 160A-86ofthe North Carolina General Statutes, we, the Macon County Board of Commissioners, do hereby adopt the following General Principles and Code ofEthics to guide the BoardofCommisioners in its  lawful decision- making.  The Macon County Board ofCommissioners shall:  1) Obey all applicable laws regarding official actions taken as a board member and comply with the ethics education program required under Section 160A-87 oft the  North Carolina General Statutes;  2) Uphold the integrity and independence of the board member'soffice;  3) Avoid impropriety in the exercise oft the board member's official duties, to include: a. Al board member shall not use his/her position or County's facilities or resources for private gain, nor shall he/she appear before or represent any private person, group or interest before any department, agency, commissioner or board ofthe b. A board member shall not directly or indirectly solicit, accept or receive any gift having a value of $50 or more, whether in the form ofi money, services, loan, travel, entertainment, hospitality, ting or promise, or any other from, under circumstances in which it could reasonably be inferred that the gift was intended toinfluence him/her, or could reasonably be expected to influençe him/her, in the performance of their duties, or was intended as a reward for any official taken by the board. Legitimate political contributions shall not be considered as gifts C. Ab board member who has, or whose immediate family member has, an interest in any official act or action before the board shall publicly disclose on the record in open meeting the nature and extent ofs such interest and shall withdraw from any  County except in matters of purely civic or public conçerns.  under this subsection.    consideration in the matter ife excused by the council.  d. When any private interest ofa board member or member'simmediate family may, potentially conflict with their responsibility as a board member, the board member may present his/herinterpretation oft the facts at issue to the County  Attorney for an advisory opinion. 4) Faithfully perform the duties oft the office;  5) Conduct the affairs of the governing board in an open and public manner, including complying with all applicable laws governing open meetings and public records. Nothing in this policy shall be considered a substitute for the law or for a board member's  bestjudgment.  Adopted this 14th day of March, 2023.  Derek Roland, Manager Macon County  Paul Higdon, Chairman  Macon County BoardofCommisioners    MAÇON COUNTY BUDGET AMENDMENT AMENDMENT# DEPARTMENT Maintenance  EXPLANATION Appropriate: $110,000 fund balance from the general fund to purchase 90t ton chiller unit  for the Social Services/Health Department Building.  ACCOUNT  DESCRIPTION  INCREASE  DECREASE 110,000 110,000  113840 417900] FUND BALANCE. APPROPRIATED 114260 569502 CAPITAL EQUIPMENT  TOTAL  REQUESTED BY DEPARTMENT HEAD RECOMMENDED BYF FINANCE OFFICER APPROVED! BY COUNTYMANAGER ACTION BY BOARD OF COMMISSIONERS APPROVED: & ENTERED ON MINUTESI DATED  CLERK    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - CONSENT AGENDA  MEETING DATE: March 14, 2023  Item 13A. Draft minutes from the February 9, 2023 continued session, the February 14, 2023 regular meeting and the February 21, 2023 continued session are attached for the board's review and approval. (Mike Item 13B. Budget Amendments #189-195 are attached for your review and Item 13C. Tax releases for the month of February 2023 in the amount of $685.65, per the attached memorandum from Tax Collections Supervisor  Decker/Tammy Keezer) approval. (Lori Carpenter)  Delena Raby. Item 13D.  A copy of the ad valorem tax collection report as of  February 28, 2023, which shows a collection rate of 95.34 percent. Report  only. No action is necessary. (Delena Raby)    MACON COUNTY BOARD OF COMMISSIONERS SPECIAL MEETING - BUDGET WORK SESSION  FEBRUARY 9, 2023 MINUTES  Chairman Higdon called the meeting to order at 1:00 p.m. All Board Members, County Manager Derek Roland, Tammy Keezer filling in for Deputy Clerk Mike Decker, Finance Director Lori Carpenter and County Attorney Eric Ridenour were present, as were a number of county employees, media and citizens. Chairman Higdon announced that the primary purpose of the meeting was for a budget work session that would include review of the current fiscal year and  preparation for the upcoming fiscal year.  FINANCIAL REVIEW  (A) MID-YEAR FINANCIAL REVIEW - Finance Director Lori Carpenter provided an update on revenues, including sales tax, tax collection and the general fund. She stated that revenues have increased over the last fiscal year (FY) to this pointin the year. Mrs. Carpenteri informed the board that the general fund expenses are also on target and that we are financially ahead and doing well. A copy of her presentation is attached (Attachment 1) and is hereby made a part of these minutes. (B) CIP UPDATE - Mitch Brigulio with Davenport and Associates provided a review of Macon County's financial position, including credit ratings, general fund balance, revenue growth, debt ratios, etc. His report indicated that Macon County is in an excellent financial position. Mr. Brigulio provided four suggestions for policy considerations: (1) fund balance policy providing guidance that allows spending while preserving and maintaining a healthy fund balance; (2) debt payoff policy to guide the percentage of debt outstanding that is to be paid off during a specified time range; (3) debt to assessed value policy; and, (4) debt service versus  Minutes 02.09.23 Page 1 of4    expenditures. Mr. Brigulio stated that county departments have submitted their Capital Improvement Plan (CIP) requests and he provided some suggestions for funding those projects, one of which was a new Franklin High School with summary projections for funding the first five years of that project. In conclusion, Mr. Brigulio stated that Macon County cannot maintain a revenue neutral tax position and fund a new high school. A copy of Mr. Brigulio's report is on filein the Deputy Clerk's office. (A) FRANKLIN HIGH SCHOOL PROJECT ARCHITECTURAL UPDATE - Paul Boney and Emily Kite with LS3P provided an update on the project, including the liaison committee meeting held last week, a revised project timeline and other efforts they are considering to reduce the cost of the project. Mr. Boney said the drawings could be completed as early as fall and ready to go out for bids, sO they have cost estimates to go to the Local Government Commission (LGC) for funding consideration. He indicated that the scope has been reduced from $118,420,233 to $100,239,509 with the contingency amount totally up to the county, and with the understanding that cost escalation is variable. Brief comments from the board members included feedback about getting accurate information and updates in a timely manner as well as ADA issues that have existed for 30 years, which could have been fixed prior to the current board members being in office. Mr. Boney said he is willing to do whatever he needs to do in regard to communication and involvement of the board. Mr. Roland said $335,000 remains in the Franklin High School fund with estimates at $336,000 for the new stadium and $714,242 for the main campus for a total costof$1,050,252. He indicated that $715,120 would need to be appropriated from fund balance to move forward with design development. Commissioner Young made a motion, seconded by Commissioner Shields, to authorize LS3P to proceed with design development for Franklin High School and construction documentation and procurement for the stadium and the accompanying budget amendment. Some discussion and clarification followed regarding this action giving the board the ability to see what the main campus is going tol look like, construction documents being ready for bid, and allowance for documentation to be submitted to the state. The vote was unanimous.  FY '24 BUDGET CONSIDERATIONS  Minutes 02.09.23 Page 2 of4    (B) FY '24 EDUCATION BUDGET - Dr. Chris Baldwin, Superintendent of Macon County Schools, gave an overview of this fiscal year and plans for next fiscal year including the use of the Elementary and Secondary School Emergency Relief Fund (ESSER) to build four classrooms at East Franklin Elementary and renovate one classroom. He stated that the geothermal issues at Iotla Elementary have been partially resolved with no cost incurred and some leaks have been identified related to the Macon Middle School sewer gas issue. Mr. Baldwin answered questions regarding projects that the school system has prioritized for FY '24 (Franklin High School, Highlands Middle School, Macon Middle School Track, Nantahala Sewer, and Macon Middle School Vent Pipes).  (C) FY 24' County Budget  (i) FIRE SERVICE IN MACON COUNTY - Warren Cabe, Emergency Management Director, provided a handout and reviewed the current structure of fire departments in Macon County, service fees and budgets. He said there are 11 fire departments (9 volunteer and two municipal), a mix of volunteers (329), 21 full-time employees and 24 part-time employees, adding that service fees vary by area. After a brief discussion, Mr. Cabe said he hopes to have a revised contract for the fire departments by July to bring back for board approval. (ii) FY24'BUDGET OVERVIEW AND DISTRIBUTION OF BUDGET CALENDAR - Mr. Roland stated we are in the strongest financial position that we have ever been in due to our conservative budget decision-making. He said that economic uncertainty is going to continue into FY '24 and shared his thoughts about challenges for the upcoming fiscal year. Mr. Roland reviewed the budget process clarification about zero-based budgeting and board members being more involved in the budget process. Mr. Roland encouraged the board to observe the budget process this year, as there have been no changes from previous years. Commissioner Shearl made a motion that, for this budget process, all the board members sit in with all department heads, the county manager, county attorney, and the general public to build the budget. The motion died for lack (iii) BOARD OF COMMISSIONERS FY '24 GOALS AND OBJECTIVES - Chairman Higdon requested to keep the budget flat  and the proposed budget calendar.  Discussion included  of a second.  Minutes 02.09.23 Page 3 of4    with two caveats, evaluate the purpose and mission statement of each department and clearly define objectives, and consider a policy on how extended position vacancies are handled. Commissioner Young requested regular maintenance be performed, including pressure washing, light gravel, etc., to county properties and if the property has reached or is reaching its lifespan, that it be brought  to the board for replacement versus repair.  CLOSED SESSION: None  ADJOURN: With no other business, at 6:20 p.m. upon a motion from Commissioner Young, seconded by Commissioner Shields, the board voted  unanimously to adjourn.  Derek Roland  Paul Higdon Board Chair  Ex Officio Clerk to the Board  Minutes 02.09.23 Page 4 of4    MACON COUNTY BOARD OF COMMISSIONERS  FEBRUARY 14, 2023 MINUTES  Chairman Higdon called the meeting to order at 6:03 p.m. All board members (with the exception of Commissioner Shearl), County Manager Derek Roland, Deputy Clerk Mike Decker and County Attorney Eric Ridenour were present. Finance Director Lori Carpenter did not attend. Members of the media and a  small group of citizens were also present.  Chairman Higdon thanked those in the audience for attending, but noted that the board's plan was to recess this meeting until Tuesday, February 21st. However, he noted that "if you came here to speak, the floor is yours." Jerry Denney addressed the board with regard to the new property assessments that landowners are now receiving in the mail, and said he is trusting that county officials with give a "thorough explanation" with regard to what the new tax rate will be and told the board, "Don't leave us hanging." He said he wanted to make sure that citizens are treated fairly, and was hopeful that more details would be provided. Mr. Roland responded that, on average, property values across the county are going up between 54 and 58 percent, and gave a briefhistory of past property revaluation outcomes. He pointed out that the county must publish what the "revenue neutral" tax rate would be, adding, "That's the equalizer." Chairman Higdon noted that the board members have been anticipating this scenario for some time. Nancy Scott told the board members that she hoped they would support the Macon County Public Library and the county's school system. She also pointed out that it is "so important how we use our words" in addressing groups such as the county's LGBTQ community sO as not to discriminate. Commissioner Young expressed his thanks to those who attended  and added, "Thanks for caring."  Minutes 02.14.23 Page 1 of2    With no other business, at 6:15 p.m., upon a motion by Commissioner Shields, seconded by Commissioner Antoine, the board voted 4-0 to recess until 6 p.m. on Tuesday, February, 21, 2023 in the commission boardroom on the third floor oft the Macon County Courthouse at 5 West Main Street in Franklin, NC,atwhich  time the board will consider a full agenda.  Derek Roland  Paul Higdon Board Chair  Ex Officio Clerk to the Board  Minutes 02.14.23 Page 2 of2    MACON COUNTY BOARD OF COMMISSIONERS  FEBRUARY 21, 2023 CONTINUED SESSION MINUTES  Chairman Higdon called the meeting to order at 6:00 p.m. All Board Members, County Manager Derek Roland, Deputy Clerk Mike Decker, Finance Director Lori Carpenter and County Attorney Eric Ridenour were present, as were a number  of county employees, media and citizens.  ANNOUNCEMENTS:  (A) Commissioner Young highlighted recent accomplishments of athletes from Franklin High School for both regional and state awards. (B) Chairman Higdon shared that an update on the property revaluation process is going to be provided at each meeting. Tax Administrator Abby Braswell reviewed the appeal process and indicated that the appeals MOMENT OF SILENCE: Chairman Higdon requested that all in attendance PLEDGE OF ALLEGIANCE: Led by Commissioner Shields, the pledge to the flag  application deadline is March 13, 2023. rise and a moment of silence was observed.  was recited.  PUBLIC HEARING(S): None  PUBLIC COMMENT PERIOD: Dylan Castle spoke about the library decisions regarding sexually explicit material and referred to the decision as "immoral and illegal." He shared his opposition to materials in the library. John deVille spoke in support of the library and said they have a very in-depth vetting system for materials. He indicated the library is a "safe, supportive and loving space." Tim Shaw provided an update on the skate park and requested the county allocate  Minutes 02.21.23 Page 1 of7    the $50,000 in additional funds that the previous board had offered as part of the Fiscal gear 2023-24 budget. Kim Leistier shared concerns about the disrepair of Wesley's Park Playground and requested the repairs be completed. Narelle Kirkland stated she hoped the board would reconsider the quarter-cent sales tax referendum on the next possible ballot as she felt the residents were "ill informed" on the issue. Claudia Aguilar spoke in favor of the library materials and staff, and shared about her personal experiences. Angela Faye Martin spoke in favor of the library indicating that the library is not a church, that parents are responsible for filtering their children's reading material, and that the government does not have the ability to deny a public library the right to provide certain materials. Nancy Scott spoke against censorship and in support of the library, library staff and library board. Lynn Hart shared that she and a number of members of the Democratic Women attended to be up-to- date on issues in the community as they were concerned about growth, housing, and young children. Rebecca Tipton spoke about the library board meeting that was held recently and shared her support for a genre label on book spines ADDITIONS, ADJUSTMENTS TO AND APPROVAL OF THE AGENDA: Upon a motion by Commissioner Young, seconded by Commissioner Shields, the board voted unanimously to approve the agenda, as adjusted, as follows:  OfLGBTQ materials.  To remove Item 9A, Macon Middle School Air Quality Update, per To add Item 11G, Regulation of Crypto Currency, per Commissioner  Commissioner Shields  Young.  REPORTS/PRESENTATIONS: None  OLD BUSINESS:  Acknowledgment of Capital Priorities for Macon County Schools as recommended by the Liaison Committee on February 9, 2023 = Mr. Roland reviewed the priorities set by the liaison committee as discussed at the February 9, 2023 meeting, which include: repairing the vent pipes at Macon Middle School, repairing or replacing the Nantahala wastewater system, building a new Franklin High School, renovating the Highlands Middle School, and repairing the track at Macon Middle School. He requested the board acknowledge those priorities and authorize him to terminate the contract with LS3P for the Highlands Pre-K project. Commissioner Young stated the Highlands project is worthy and needed, but will have to be picked-up as the Capital Improvement Plan allows in the future. Macon County Board of Education Chairman Jim  Minutes 02.21.23 Page 2 of7    Breedlove stated the board of education had prepared a list of capital outlay requests and prioritized those. He said the Highlands Pre-K project hasr not been removed and they will continue to pursue that project as allowable. Macon County Board of Education member Hilary Wilkes shared that removing funding for the Highlands Pre-K project would be taking resources away from the Highlands community and showing a lack of support. She requested the board "do: right by the children and investin them." Mr. Breedlove indicated the Macon County Board of Education is still looking for bids for the Highlands soccer field and they are currently working with an engineer to see what is the best approach to repairing that field. Chairman Higdon suggested a report from the liaison committee be provided at each board meeting. Commissioner Young suggested minutes from the liaison committee meetings be distributed to the board following each meeting. Commissioner Young made a motion, seconded by Commissioner Shields, to authorize the county manager to terminate the contract with LS3P as requested. The vote was unanimous. By consensus, the board acknowledged the priorities established by the liaison committee.  NEW BUSINESS:  2022 Outstanding Conservation Farm Family - DougJohnson, Soil and Water Conservation District Director, shared the news of H&H Farms being named the "2022 Outstanding N.C. Conservation Farm Family" and provided handouts of the announcement. He said this is the first time Macon County has had a winner and recognized Soil Conservationist Sarah Clancy for nominating H&H Farms and planning the recognition even. Ms. Carpenter requested approval of a budget amendment to appropriate $9,000 to the North Carolina Association of Soil and Water Conservation Districts and donations from the public to fund an event recognizing H&H Farms that is scheduled for May 9, 2023 at Moss Valley Venue. Commissioner Young made a motion, seconded by Commissioner Antoine, to approve the budget amendment as presented. The vote was Consideration of contract(s) with McGill Associates and Bunnell Lammons Engineering for vertical expansion of Macon County Landfill, Phase II, Cell Iand Phase III, Cell I. Solid Waste Director stated that the board authorized Mr. Roland and designees to negotiate a contract with McGill Associates and Bunnell Lammons Engineering (BLE) at the board's December 2022 regular meeting. He indicated that the contracts totaled $113,450 to expand the existing life of the constructed landfill up to four (4) years Attachment 1J. Mr. Stahl stated this action will delay the need for closure, allows the department to repay the existing debt service on Phase III, Cell I, and construct Phase III, Cell II. Commissioner Shields made a motion, seconded by Commissioner Young, to authorize the county manager to enterinto contracts with McGill Associates and  unanimous.  Minutes 02.21.23 Page 3 of7    Bunnell Lammons Engineering in the amount of $113,450 as requested. The: Consideration of award for two walking-floor unloader transfer trailers to Pinnacle Trailer Sales, Inc. Mr. Stahl indicated that a request for bids to purchase two walking-floor transfer trailers was issued on January 25, 2023 with two bids received and opened on February 1, 2023. Mr. Stahl recommended the board approve the purchase of the trailers from Pinnacle Trailer Sales, Inc. in the amount of $193,200. Commissioner Shields made a motion, seconded by Chairman Higdon, to approve the purchase of the trailers as requested. The vote Consideration of lease renewals at the Business Development Center  vote was unanimous.  was unanimous.  (1) AGI, LLC - Tommy Jenkins, Director of the Macon County Economic Development Commission, requested renewal of the lease with AGI, LLC for Unit A in the Business Development Center as shown in Exhibit A of the lease agreement, which has a one-year term of February 14, 2023 to February 13, 2024 with a monthly rent of$1,840. He requested approval of! both a resolution [Attachment2 and lease agreement Attachment 3] in (2) Macon County Board of Education - Mr. Jenkins requested renewal of the lease with the Macon County Board of Education for Units D and E in the Business Development Center. He indicated the lease is for one year beginning February 14, 2023 and ending on February 13, 2024 with the stipulation that the space is to be used for Science, Technology, Engineering and Mathematics (STEM) educational purposes. Mr. Jenkins also requested the board declare the space as surplus Attachment 4]. (3)TECO SSL, Inc - Mr. Jenkins requested renewal of the lease with TECO SSL, Inc. for Unit B in the Business Development Center. He indicated the lease is for one. year beginning February 14, 2023 and ending on February 13, 2024 with a monthly rent of $1,218. He requested approval ofboth a resolution Attachment5 and lease agreement [Attachment 6] in (4) Waterwheel Manulacturing, Inc. - Mr. Jenkins requested renewal of the lease with Waterwheel Manutacturing, Inc. for Unit Ci in the Business Development Center. He indicated the lease is for one year beginning February 14, 2023 and ending on February 13, 2024 with a monthly rent of$212. He requested approval of both a resolution declaring the property as surplus Attachment 71 and the lease agreement [Attachment 8] in  connection with this item.  connection with this item.  connection with this item.  Minutes 02.21.23 Page 4 of7    Commissioner Shields made a motion, seconded by Commissioner Young, to approve the resolutions and leases as presented. The vote was unanimous. Schedule public hearing for 6 p.m. on March 14, 2023 regarding amendment/s) to the Watershed Protection Ordinance - Planning Director Joe Allen stated he was proposing a minor change to Section 156.32. (A) and 156.32(C) Special Nonresidential Intensity Allocations (SNIA) of the ordinance. He indicated the change would allow SNIAS to be approved by the Watershed Administrator instead of the Planning Board. He. requested that a public hearing be scheduled on March 14, 2023 at the regular meeting in order to receive public comment on the proposed revision. Commissioner Young made a motion, seconded by Commissioner Shields, to schedule a public hearing as requested Resolution authorizing Execution of Opioid Settlements - Mr. Roland reminded board members that Macon County is slated to receive $3,009,000 from the opioid settlement with Johnson & Johnson manutacturers: and pharmaceutical distributors Amerisource Bergen, Cardinal Health and mcKesson in what is now referred to as Wave 1 funds.covering the period of 2021 to 2038. He said a new settlement has recently been negotiated with CVS, Walgreens, Walmart, Allergan and Teva with an anticipated $600 million, coming to North Carolina in what is referred to as Wave 2 funding with Macon County projected to receive $2.4 million from 2023-2036. Mr. Roland requested the board approve a resolution to accept Wave. 2 funding Attachment 9J. Mr. Ridenour clarified that Wave: 1 and Wave 2 funds can only be spent on opioid issues. Mr. Roland said we have received $389,719 to date of Wave 1 funding with an anticipated total of $5.4 million. He shared that we are working with the Southwest Commission on innovative ways to maximize use of those funds. Commissioner Young made a motion, seconded by Commissioner Antoine, to approve the resolution to join the Wave 2 settlement and authorize county staff Sale of surplus property (Lot #307 Wildflower) to Anakeesta - Mr. Ridenour stated that Anakeesta Properties, LLC of Sylva, NC has offered $5,000 for the 1.07-acre parcel and had paid a bid deposit of $250 as well as the remainder of the funds they would need to complete the purchase. He indicated the sale had been published in the newspaper and no upset bids were received; therefore, the board would need to sign the settlement statement and the deed if they approved the sale, and Anakeesta will owe the county $4,776 (which includes a $26 recording fee) and is contingent upon Anakeesta paying any HOA fees that are due. Commissioner Shearl made a motion, seconded by Commissioner Shields,  for March 14, 2023 at 6:00 p.m. The vote was unanimous.  tos sign the settlement paperwork. The vote was unanimous.  to approve the sale as presented. The vote was unanimous.  Minutes 02.21.23 Page 50 of7    REGULATION OF CRYPTO CURRENCY: Commissioner Young said he believed it would be wise for the commissioners to charge the county planning board with checking into the matter of bitcoin mining, as there are current operations in Cherokee County. Commissioner Young said he could envision Macon County being targeted for this type of activity. Upon a motion by Commissioner Young, seconded by Commissioner Shields, the board voted unanimously to assign this task to the Macon County Planning Board as presented by Commissioner Young. CONSENT AGENDA: Upon a motion by Commissioner Shields, seconded by Commissioner Young, the board voted unanimously to approve the consent agenda as presented which includes: (A) Minutes of the January 10, 2023 regular meeting, (B) Budget amendments #153-157, (C) Tax releases for the month of January in the amount of $65.10, (D) Audit contract for fiscal year ending June 30, 2023, and (E) Monthly ad valorem tax collection report for which no action  is necessary. APPOINTMENTS:  (A) Planning Board (2 seats) - Mr. Allen reported that he has received five applications for the two vacant seats (Larry Lackey, Jr., Lee Walters, Matthew Moyer, Renee Cooney and Ronald Brown) and provided copies of the applications and other documentation. Commissioner Young made a motion, seconded by Commissioner Shields, to appoint Mr. Lackey and Mr. Waters to the Macon County Planning Board. The vote was (B) Economic Development Commission (2 seats) - Commissioner Young made a motion, seconded by Commissioner Shields, to table appointments until the March regular meeting. The vote was unanimous. (C) Southwestern Commission Area Agency on Aging Regional Advisory Board (3 seats and 3 alternates) - Department of Social Services Director Patrick Betancourt recommended the following:  unanimous.  Appointment 1 Primary Appointment 1 Alternate Appointment 2 Primary Appointment 2 Alternate Appointment 3 Primary Appointment 3 Alternate  Jennifer Hollifield, Senior Services Patrick Betancourt, Social Services Felicia Roberts, Macon Program for Joe Gibson, Community Paramedicine Kim Terrell, NC Cooperative Extension  Progress (MPP) Charam Miller, MPP  Commissioner Young made a motion, seconded by Commissioner Shields, to approve the appointments as recommended. The vote was unanimous.  Minutes 02.21.23 Page 6 of7    (D)2023 Board of Equalization and Review (5 seats)- -TaxAdministrator Abby Braswell recommended that the board reappoint Dwight Vinson, Gary Drake, Kristine Flaig, Donald Holland and Richard Lightner to the 2023 Board of Equalization and Review. Commissioner Young made a motion, seconded by Chairman Higdon, to approve the appointments as  recommended. The vote was unanimous.  (E) ETJ representative on the Town of Franklin Planning Board (1 seat) : Town of Franklin Land Use Administrator Justin Setser recommended the reappointment of Dave Jones as the ExtraTerritorial Jurisdiction representative on the town's planning board with a term of appointment for three years. Commissioner Shearl made a motion, seconded by Commissioner Antoine, to approve the reappointment as  recommended. The vote was unanimous.  CLOSED SESSION: At 8:30 p.m., upon a motion by Commissioner Young, seconded by Commissioner Shields, the board voted unanimously to go into closed session as allowed under NCGS 143-318.11(a)3) in order to preserve the attorney client privilege and NCGS 143-381.11(2/5) as to the amount of compensation and other material terms of an employment contract or proposed employment contract. At 10:16 p.m., upon a motion by Commissioner Young, seconded by Commissioner Antoine, the board voted unanimously to come out  of closed session and return to open session.  ADJOURN: With no other business, at 10:17 p.m., upon a motion from Commissioner Young, seconded by Commissioner Antoine, the board voted  unanimously to adjourn.  Derek Roland  Paul Higdon Board Chair  Ex Officio Clerk to the Board  Minutes 02.21.23 Page 7 of7    MACON COUNIYEUDOETAMENOYENT AMENDMENT# DEPARTMENT EXPLANATION ACCOUNT  189 MOVEN MONEYE FORI INSURANCE  114260  DESCRIPTION  INCREASE 31,022. 31,022.00  INCREASE  113839 485000_INSURANCE  114260 S5606/CONSTRUCTION, /REPAIR AND SUPPLIES  REQUESTED BY DEPARTMENT HEAD Mihsh B RECOMMENDED BY FINANCE OFFICER APPROVEDI BY COUNTY MANAGER ACTION BY BOARD OF COMMISSIONERS 3/14/2023 APPROVED: & ENTERED ONI MINUTES DATED  Pbhh  CLERK    MACON COUNTYEVPCETAMEMDWENT AMENDMENTH 19D FROM: Lindsay Leopard DEPARTMENT: Register of Deeds  EXPLANATION: Appropriate funds for deed book repairs noti invoicedi in FY21.  ACCOUNT 113840-417900 114180-556010  DESCRIPTION Fund Balance Appropriated Deed Book Repairs  INCREASE $8,177.00 $8,177.00  DECREASE  REQUESTED BY DEPARTMENT HEAD kh RECOMMENDED BYJ FINANCE OFFICER llaso  APPROVEDI BY/COUNT/MANAGER ACTION BY BOARD OF COMMISSIONERS APPROVED ANDJ ENTERED ON MINUTES DATED  3114/203  CLERK    MACONCOUNTYBUDGEL AMENDMENT AMENDMENT# DEPARTMENT Senior Services  91  EXPLANATION Appropriate additional $5,145 received Int the! Home and Community Block Grant for Older Adults.  ACCOUNT 113584 439401 CONGREGATE MEALS 115837 568300MEALS  DESCRIPTION  INCREASE  DECREASE 5,145 5,145  TOTAL  REQUESTEDI BY DEPARTMENTHEAD RECOMMENDEDI BY FINANCE OFFICER APPROVED BY COUNTY MANAGER ACTION BY BOARD OF COMMISSIONERS 3/14/2023 meeting APPROVED & ENTERED ON MINUTES DATED  CLERK    MACON COUNTY BUDGET AMENDMENT AMENDMENTE 192 FROM: Brent Holbrooks DEPARTMENT: ACCOUNT 1I-3839-4850-00 11-4310-5565-03  Sheriff DESCRIPTION Insurance Settlement Vehicle Repairs  EXPLANATION: Insurance Settlement  INCREASE $4,521.00 $4,521.00  DECREASE  REQUESTED BY DEPARTMENT HEAD APPROVED BY COUNTY MANAGER ACTION BY BOARDO OF COMMISSIONERS APPROVED AND ENTERED ON MINUTES DATED  Sfdthlh  RECOMMENDED BY FINANCE OFFICER abhan Cauputer  3/14/023  CLERK    MACON COUNTY BUPGET AMENDMENT AMENDMENTE 193 FROM: Brent Holbrooks DEPARTMENT: Sherifroffice EXPLANATION: Insurance Settlement  ACCOUNT 11-3839-4850-00 11-4310-5565-03  DESCRIPTION Insurance Settlement Vchicle Repairs  INCREASE $4.555.00 $4,555.00  DECREASE  REQUESTED  Sglfhlb Slidupada  BY DEPARTMENTI HEAD  RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNTY MANAGER ACTION BY BOARDOF COMMISSIONERS APPROVED. AND ENTERED ON MINUTES DATED  3/14/2023  CLERK    MACON COUNIYEUDREIAMEMOMENT AMENDMENTH 194 DEPARTMENT Senior Services  EXPLANATION Appropriates50217 grant received from National Council on Aging! (NCOA)  ACCOUNT 115842 550001/SALARY 115842 550005LONGEVIY 115842 50201,MEDICARE/HCA 115842 50203MOSPTAUZATION 115842 550206LIFE INSURANCE 115842 SOD7RETREMENIGFHENL 115842 550701/COUNTY/401K 115842 55106/CONTRACTED: SERVICES 115842 556001JOFFICE: SUPPLIES 115842 556800/PRINTING 115842 556803 ADVERTISING 115842 556B10INCENTIVES 115842 558901TRAVEL 115842 59700/NON-CAPITAL EQUIPMENT 113584 439605/NCOAY VACCINE UPTAKE GR93.048  DESCRIPTION  INCREASE  DECREASE 12,193 274 933 2,362 263 1,483 244 15,600 1,255 2,000 6,000 2,600 1,310 3,700 50,217  TOTAL  REQUESTED BY DEPARTMENT HEAD RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNTY MANAGER ACTION BY BOARD OF COMMISSIONERS 311/2023 APPROVED & ENTERED ONI MINUTES DATED  Bups 221  CLERK    MACONCOUNTYBUDGET, AMENDMENT AMENDMENT# /95 DEPARTMENT EXPLANATION ACCOUNT  School Capital Projects  Reverse portion of previous budget amendment for Highlands School Pre-Karchitecti fees  DESCRIPTION  INCREASE  DECREASE 293,992 293,992 293,992 293,992  119000 980046/TRANSFER TO FUND 46 113840 417900FUND BALANCE APPROPRIATED 463034 80011TRANSFERFAOMI GENERAL FUND 466034 519902,ARCHTECTFEES  REQUESTED BY DEPARTMENT HEAD RECOMMENDEDI BYF FINANCE OFFICER ENPapkb APPROVED BY COUNTY MANAGER ACTION BY BOARD OF COMMISSIONERS 3/1412023 APPROVED & ENTERED ON MINUTES DATED  CLERK    STATE  Macon County Tax Office 5West Main Street Franklin, NC2 28734  Phone: (828)3 349-2149 draby@maconnc.org  QuAM  TO: FROM: DATE: RE:  MACON COUNTY COMMISSIONERS Macon County Tax Collector's Office Delena Raby, Tax Collections Supervisor  March 08, 2023 Releases for February, 2023  Attached please find the report of property tax releases for real estate and personal property that require your approval in order to continue with the process of releasing these amounts from the tax accounts. Please feel free to contact me ifyous should have any questions. The report of  releases in alphabetical order is attached. AMOUNT OF RELEASES FOR FEBRUARY 2023:  $685.65                MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - APPOINTMENTS  MEETING DATE: March 14, 2023  14A.  Economic Development Commission (2 seats) - This item was  tabled at the February 21, 2023 continued session. In addition to the application for reappointment received from Brett Rogers last month, we. have received an application from Johnathan Hamlin, a copy of which is  included in the packet.    PrintForm  Application for Appointment to Macon County Authorities, Boards, Commissions and Committees Thel Macon County Board ofCommissioners believes all citizens should havc thc opportunity to Participate in governmental dccisions. The Board wants to appoint qualified, knowlcdgeable and dedicated people to serve on authorities, boards and committees. Ifyou have an interest in being considered for an appointinent to any advertised vacancy, please thoroughly complete the form below before the advertised deadline and choose from the following options.  Mail to: County Manager's Office 51 West Main Street Franklin, North Carolina 28734  or FAX to: 828-349-2400  Any Questions, please call the County Manager's Office at (828) 349-2025 Name of Authority, Board or Committee applying for: Economic Development Commission  Name Johnathan Hamlin AdresgoBrodwoodc Telephone: Home 828-712-6859 Occupation Insurance Agent with State Farm Business Address 1091 WI Palmer Street, Franklin NC 28734  City Franklin  NCZip 28734  Work 828-369-9696  Email Address None  hamino9068ymail.om orJ snerehaleminimuccon  Briefly explain any anticipated conflict ofinterest you may have ifa appointed:  Educational Background Some College  Business and Civic Experiences/Sklls: Areas of Expertise and Interest/Skills:  Rotary, Lions Club Past President, Franklin Chamber of Commerce President 2023, Member of. Junaluskee Masonic Economic growth in Macon County NC. Partnering withmultiple organizations tov work for one common goal.  Lodge  List any Authorities, Boards, Commissions or Committees presently serving on:  President of Franklin Chamber of Commerce, Represent the chamber on the TDCI boardrequesting: committee)  SIGNATURE:  DATE: 02/09/2023