Mlacon Counly  CON COUN  CAINS  MACON COUNTY BOARD OF COMMISSIONERS  MAY 10, 2022 6P.M. AGENDA  1. Call to order and welcome by Chairman Tate  2. Announcements 3. Moment of Silence 4. Pledge of Allegiance 5. Public Hearing(s) - None 6. Public Comment Period 7. Additions to agenda  8. Adjustments to and approval of the agenda  9. ePorts/Presentations  (A) Proposed rate increases and request for an extension of the exclusive franchise agreement = Bonita Hamstra, J&B (B) Update on Environmental Health Section staffing issues =  Disposal  Public Health Director Kathy McGaha  10.Old Business  (A) Change Orders #018 and #019 on the Macon Middle School (B)H Highlands Pre-K facility discussion - Chairman Tate  renovation project - Jack Morgan  11.New Business  (A) Wine Springs Communication Site Renewal with USFS Emergency Management Director Warren Cabe (B) Consideration of county acknowledgement letter for Burningtown Iotla Fire & Rescue - Mike Yaks, Burningtown  Iotla Fire and Rescue Board Chair  MACON COUNTY COURTHOUSE. ANNEX PHONE 828-349-2000  5WESTI MAIN: STREET  FRANKLIN,  NORTH CAROLI INA2 28734 FAX: 828-349-2400    C)Consideration of performance guarantee agreement for proposed subdivision road at Whiteside Cottages - Planning D)Consideration of fireworks display application/permit for JECO  Director Joe Allen  Pyrotechnics, Inc. - Deputy Clerk Mike Decker  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  Commissioners.  (A) Minutes of the April 12, 2022 regular meeting (B) Budget Amendments #259-268 (D)Tax refund requests: (1) Nelson Bates (2) Tim and Carol Bates (3) Violet Klatt $355,758.15  (C)Tax releases for the month of April in the amount of $116.22  (E)A Application for Public School Building Capital Fund North Carolina Education Lottery proceeds in the amount of (F) I Monthly ad valorem tax collection report- no action necessary  13.Appointments  (A)Town of Franklin ETJ representative (one seat) 14.Closed session as allowed under NCGS, if necessary  15.Recess until Thursday, May 26, 2022 at 6 p.m. in the commission boardroom on the third floor of the Macon County Courthouse. The primary purpose of the meeting will be the county manager's presentation of the recommended budget for Fiscal Year 2022-23, and for any other business that may come before the board.    MACON COUNTY BOARD OF LOMMISSIONERS  AGENDA ITEM  CATEGORY - REPORIS/PRESENTATIONS  MEETING DATE: MAY 10, 2022  9A. Bonita Hamstra with J&B Disposal will be at the meeting to present requests for (1) proposed rate increases and (2) an extension of J&B's exclusive franchise agreement. She has provided proposals for the board's  review and consideration and they are included in the packet.  9B. Public Health Director Kathy McGaha will provide an update on the status of staffing issues with the department's Environmental Health  Section.    J&B DISPOSAL,INC 2076 HIGHLANDS RD FRANKLIN NC: 28734  MAY: 10: 2022 County Of Macon Attn: County Manager, Derek Roland Board of County Commissioners, 5 west Main St Franklin NC 28734 Item #1 Ratei increase,  lam requesting a rate increase from the County for all services. Local Convenient centers, from $75.00t0$90.00 Transfer Trailer, from 175.00 to 225.00  Centers in Buck Creek,Junaluska, Nantahala, Scaley,from 75.00to1 100.00  thave requested one previous rate increase from the County for service in Twenty five years, lam requesting rate increase on residential service of 10% for quarterly billing Ini Macon County, and 10%in! Highlands on an annual bases or semi annual per billing.  Commerical Monthly, requesting 5% increase. Plus additional fuel sur charge of$2.00 2yd 1xwk 84.24 plus 2.00r requested fuel S.C.  Current rate  New monthly rate $88.45  4yd 1xwk $151.47 requested. $2 2.00 fuel S.C. New monthly rate. $159.57 6yd 1xv wk'$218.70 requested $2.00 Fuel S.C. New monthly rate. $229.64 8yd: 1xwk $239.54 requested $2.00 Fuel S.C. New monthly rate $253.61  Ihave included a price scale on fuel sur charge,  Iflcould be granted permission to follow that rate increase structure for future  lwould appreciate,  Iffuel prices gol lower, Iwill adjust my charges accordingly.  Thank you, Bonita Hamstra    Fuel Sur Charge Scale Diesel Price Per Gallon Monthly  Sur Charge <$2.00 $0.00 $3.50 $1.00 $5.00 $2.00 $6.50 $3.00 $8.00 $4.00 $5.00  $2.01 $3.51 $5.01 $6.51 >$8.00    May 10,2022 County of Macon Attn;  County Manager; Derek Roland Board of County Commissioners 5V West Main St Franklin NC28734  Item #2 Request to extend. J&B Disposal's Exclusive Contract, and Franchise.  lam seeking anextension of contract, and Franchise with Macon County, to! be extended fora an  additional Seveny years. My current franchise runs thru 11/23  lalways have ar need to replace trucks, currentlylneed to replace two residential, and 1r roll off truck. Transfer trucks are not far behind. New Residential trucks are on a one year delivery schedule, Roll off trucks six months delivery schedule. Soand extension of seven years on my franchise will be more The containers and fuel have doubled in price asv well also major increase in the price of tires, and luse four thousand gallons of Diesel every three and half weeks. ip personally see no lowering off fuel  suitable to the bank for thel loan.  repair parts. pricesanytime soon. ThankYou; Bonita Hamstra  lappreciate your consideration of this request.    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - OLD BUSINESS  MEETING DATE: May 10, 2022  10(A). Jack Morgan will present change orders #018 and #019 on the Macon Middle School renovation project for the board's consideration. The first one is in the amount of $37,711 and the second one is for $127,471. 10(B). Chairman Tate would like to have some discussion regarding the Pre-  Mr. Morgan can provide additional details at the meeting.  Kf facility in Highlands.    NewAtlantic CONTRACTING,INC.  PCO#018  New Atlantic Contracting Inc 2635 Reynolda Rd Winston Salem, North Carolina 27106 Phone: (336). 759-7440 Fax: (336) 759-7445  Project: 2102- Macon Middle School Renovations  1345 Wells Grove Road. Franklin, North Carolina 28734  Prime Contract Potential Change Order #018: CE #101 - #47: West wing room W105 questions I CE #105 - Bring Kitchen hood up to code ICE #109 - #48: Phase 1 Existing Duct Detectors in Gym and clean existing duct work  TO:  Macon County 5West Main Street Franklin, North Carolina 28734  FROM: CONTRACT: CREATED! BY: CREATED DATE: PRIME CONTRACT CHANGE ORDER: ACCOUNTING METHOD: Amount Based PAIDI INF FULL: SIGNED CHANGE ORDER RECEIVED DATE: TOTAL AMOUNT:  New Atlantic Contracting Inc 2635 Reynolda Rd Winston Salem, North Carolina 27106 1- Macon Middle School Renovations Prime Contract Frank! Harris (New Atlantic Contracting Inc) 5/2/2022 None No $37,711.00  PCOI NUMBERIREVISION: 018/1 REQUEST RECEIVED. FROM: STATUS: REFERENCE: FIELD CHANGE: LOCATION: SCHEDULEIMPACT: EXECUTED:  Pending Inf Review No No  POTENTIAL CHANGE ORDER TITLE: CE#101- #47: West wingr room) W105 questions ICE #105- Bring! Kitchen hood upt to code CE#109-#48:  Phase 1 Existing Duct Detectors in Gym and cleane existing duct work:  CHANGE REASON: Client Request  POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows)  May 2, 2022 Mr. Chris Coleman 1815S. Tyron St. Suite A Charlotte, NC: 28203 RE:  Macon County Middle School Macon County Schools Franklin, NC 28734 Potential Change Order Number 018 Dear Chris,  NACJOB#2102  Attached is our proposal for the following: CE# #101-#47: Westy wingr roomy W105 questions CE# #105- Bring Kitchen hood upt to code  CE #109-# #48: Phase 1E Existing Duct Detectors in Gym and clean existing duct work The total coste estimate oft this work per the enclosed summarys sheeta and attached back-upi is $37,711.00.  This change will not increase the contract time; however, wer reserve the rightt tor request ane equitable adjustment int the contract amount and time  resulto oft the cumulative impact oft this and future change orders. This proposali is based ont the following qualifications: New Atlantic Contracting Inc  as a  Page 1of2  Printed On: 5/2/2022 05:01F PM    NewAtlantic CONTRACTING,INC.  PCO#018  We will proceed with this revised work upon receipt ofv written acceptance oft this proposal. Int thei interim, we are proceeding ina accordance with our  current contracto documents. Very trulys yours, New Atlantic Contracting ATTACHMENTS:  Thanky youf fory your prompt consideration oft this proposal.  Macon! MS W1055 breaker proposal.docx, Macon MS duct detector Proposal.docx,  PROJECT 0088 Macon County Middle School COP Wite_Chse_Quolendf, Change order #10 EF -10.pdf, Macon MSH Kitchen Shunt Tripp proposal.docx, PROJECT_0088 MB.CAm.MaA.SANAL COP HonFi.Spsiem.mstal and Testing Quote_ 02.pdf  # 1 2 26-001.S Electrical 3 11-400.S Food Service 4 26-001.S Electrical 5 01-540.S Final Clean-Up.Commitiment 6 7 8 26-001.S Electrical 9 23-001.S HVAC  Budget Code  Description  Amount $0.00 $690.00 $4,048.00 $27,550.00 $300.00 $0.00 $0.00 $1,051.10 $750.00 $0.00 $0.00 $0.00 $2,579.18 $0.00 $369.68 $373.38 $(0.34)  W105 Power tor new' walll unit Bring Kitchen hoodu upt to code Bring Kitchen hood upt to code Clean Kitchen  Phase 1 Existing Duct Detectors in Gym  Phase 1 Existing Duct Detectors in Gym and clean existing duct work  Subtotal: $34,389.10  Material (6.75% Applies to! Materials.): Equipment (6.75% Applies to Equipment.): Labor (39.00% Applies tol Labor.):  OH&P Sub (7.50% Applies toN Material Purchase Order and Commitment.): OH&P LME (15.00% Applies to Equipment, Materials, and Labor.): Equipment, Materials, Labor, Other, and Professional Services.): Equipment, Materials, Labor, Other, and Professional Services.): Equipment, Materials, Labor, Other, and Professional Services.):  Insurance (1.00% Applies tol Temporary Labor, Material Purchase Order, Payroll! Taxes &I Insurance, Owner Cost, Commitment, P&P Bond (1.00% Applies to Temporary Labor, Material Purchase Order, Payroll Taxes &I Insurance, Owner Cost, Commitment, Rounding (-0.00% Applies to Temporary Labor, Material Purchase Order, Payroll Taxes & Insurance, Owner Cost, Commitment,  Grand Total: $37,711.00  Mark Sealy (SGAI NarmourWright Design) 1815 S. Tryon Street, Suite A Charlotte, North Carolina 28226 Chris Coleman! ProjectN Manager CL SIGNATURE New Atlantic Contracting Inc  Macon County 5West Main Street Franklin, North Carolina 28734  New Atlantic Contracting Inc 2635 Reynolda Rd Winston: Salem, North Carolina 27106  DATE  SIGNATURE  DATE SIGNATURE  DATE  Page 2of2  Printed On: 5/2/2022 05:01PM    NewAtlantic CONTRACTING,INC.  PCO#019  New Atlantic Contracting Inc 2635F Reynolda Rd Winston Salem, North Carolina 27106 Phone: (336) 759-7440 Fax: (336)7 759-7445 TO:  Project: 2102 Macon Middle School Renovations  1345 Wells Grove Road Franklin, North Carolina 28734  Prime Contract Potential Change Order #019: CE #107 - Site Canopy RFQ  Macon County 5West Main Street Franklin, North Carolina 28734  FROM: CONTRACT: CREATEDI BY: CREATED DATE: PRIME CONTRACT CHANGE ORDER: ACCOUNTING METHOD: Amount Based PAIDI INF FULL: SIGNED CHANGE ORDER RECEIVED DATE: TOTAL AMOUNT:  New Allantic Contracting Inc 2635 Reynolda Rd Winston Salem, North Carolina 27106 1-Macon! Middle School Renovations Prime Contract Frank Harris (New Atlantic Contracting Inc) 5/2/2022 None No $127,471.00  PCO NUMBERIREVISION: 019/0 REQUEST RECEIVED FROM: STATUS: REFERENCE: FIELD CHANGE: LOCATION: SCHEDULE! IMPACT: EXECUTED:  Pending In Review No No  POTENTIAL CHANGE ORDER TITLE: CE#107- Site Canopy RFQ  CHANGE REASON: Client Request  POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows)  May 2, 2022 Mr. Chris Coleman 1815 S. Tyron St. Suite A: Charlotte, NC: 28203 RE: Dear Chris,  Macon County Middle School Macon County Schools Franklin, NC 28734 Potential Change Order Number 018  NAC JOB#2102  Ina accordance with Request for Proposal (RFP)3 30 dated March: 28, 2022, attachedi is our proposal for Option 1; tor remove allt the existing concrete shown This change will noti increase the contract time; however, we reserve ther rightt tor request an equitable adjustmenti int the contract amount and time We willp proceed with this revised work upon receipt ofv written acceptance oft this proposal. Int the interim, we are proceeding ina accordance with our Itmay be necessary tor revise this proposali ifiti is nota accepted within 50 days, ori ift the progress oft they work changes the conditions upon whicht this  on RFP-3.1, install the new canopy and pour back the concrete: as shown on RFP:3.1. Thet total coste estimate oft this work per the enclosed summary sheet and attached back-upi is $127,471.00.  result oft the cumulative impact oft this andf future change orders. This proposali is based on the following qualifications:  as'a  current contract documents. proposal is based.  Thanky youf for your prompt consideration oft this proposal.  New Atlantic Contracting Inc  Page 1of2  Printed On: 5/2/2022 02:11 PM    NewAtlantic CONTRACTING,NC.  PCO# #019  Very trulys yours, New Atlantic Contracting  ATTACHMENTS: # 1  MCMS RFP-03 Canopy) Walkway - Options 2.pdf, RE_ Macon Middle_ RFP 03 sketch outline.msg  Budget Code  Description  Amount $0.00 $116,241.00 $0.00 $0.00 $0.00 $8,718.08 $0.00 $1,249.59 $1,262.09 $0.24  2 03-100.S Concrete Material and Block Fil.Commitment  RFQ Canopy  Subtotal: $116,241.00  Material (6.75% Applies tol Materials.): Equipment (6.75% Applies to Equipment.): Labor (39.00% Applies tol Labor.):  OH&P Sub (7.50% Applies to Material Purchase Order and Commitment.): OH&PI LME (15.00% Applies to Equipment, Materials, and Labor.): Equipment, Materials, Labor, Other, and Professional Services.): Equipment, Materials, Labor, Other, and Professional Services.): Equipment, Materials, Labor, Other, and Professional Services.):  Insurance (1.00% Applies to Temporary Labor, Material Purchase Order, Payroll Taxes & Insurance, Owner Cost, Commitment, P&P Bond (1.00% Applies to) Temporary Labor, Material Purchase Order, Payroll Taxes &1 Insurance, Owner Cost, Commitment, Rounding (0.00% Applies tol Temporary Labor, Material Purchase Order, Payroll Taxes &I Insurance, Owner Cost, Commitment,  Grand Total: $127,471.00  Mark Sealy (SGAI NarmourWright Design) 1815 S. Tryon Street, Suite A Charlotte, North Carolina 28226 Chris ColemaniProecth Manager CLL SIGNATURE New/ Atlantic Contracting Inc:  Macon County 5West! Main Street Franklin, North Carolina 28734  New Atlantic Contracting! Inc 2635 Reynolda Rd. Winston Salem, North Carolina 27106  DATE  SIGNATURE  DATE  SIGNATURE  DATE  Page 2of2  Printed On: 5/2/2022 02:11PM    8 883993  85  lo % 898 8888 0o XX>  8888888 oo  55 56  w  5665 65565 ube EEEE E8888 338e8  93  RE-3ERERRBEE  doodee deeeee        o  s  4    ho :  &  4    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - NEW BUSINESS  MEETING DATE: May 10, 2022  11(A).  Emergency Services Director Warren Cabe will be requesting  approval of a communications site lease renewal between the county and the U.S. Forest Service (USFS) for the Wine Springs site on Wayah Bald. Per Mr. Cabe, this site covers all of the western sections of Macon County, including the Nantahala area. This site only has public safety equipment located within it and therefore does not require rent payments to the USFS. Also per Mr. Cabe, this agreement - which has been reviewed by the County Attorney, is the same as the Cowee Bald agreement approved last year, and a copy ofthe Wine Springs agreement is included in the packet. 11(B). Mike Yaks, the board chair for Burningtown Iotla Fire & Rescue will be at the meeting seeking board approval of a "county acknowledgement letter," which would confirm the department's status as the county entity providing fire protection within this district. A copy of the letter will be included in the packet, and an original on county letterhead has been prepared for Chairman Tate's signature, pending action on this item. The letter does note that Burningtown Iotla has made the commission aware of its intention to acquire new capital assets through a lease purchase. 11(C). Per Planning Director Joe Allen, pursuant to 159.24 of Macon County's Subdivision Ordinance, the Pradera Group, LLC is requesting to enter into a Performance Guarantee Agreement with Macon County in the amount of $110,361.00. This is 125 percent of the estimated cost ($88,289.14) to install required improvements to the proposed subdivision road at Whiteside Cottages. The improvements will include installation ofa retaining wall and fill material in order to decrease road grades to no more than 10 percent, as required under 159.64 of Macon County's Subdivision Ordinance and 153.07(B) of Macon County's Soil Erosion and Sedimentation Control Ordinance. A copy of the agreement, a site plan, the    performance bond and an estimate from Mark Rogers Grading Company, LLC are all included in the packet, and Mr. Allen can provide further details 11(D). Eric Wright with JECO Pyrotechnics, Inc. of Newland, NC has submitted an application for a permit for a fireworks display at Skyline Lodge in Highlands for a wedding on June 10, 2022. A copy of the application and the supporting documentation will be included in the packet.  at the meeting.    Auth ID: NAN112 Contact Name: MACON, COUNTY OF Expiration Date: 5/01/2042 Use Code: 815  FS-2700-10b (V.01/17) OMB No. 0596-0082  U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE COMMUNICATIONS USE LEASE AUTHORITY: 43 U.S.C. 1761(a)(5)  Section 501(a)(5) of the Federal Land Policy and Management Act,  MACON, COUNTY OF 5 W. MAIN ST. FRANKLIN, NC UNITED STATES 28734.  This lease is issued by the United: States of America, acting through the United States Department of Agriculture, Forest Service (hereinafter the "United States" or' "Forest Service"), as authorized by section 501(a)(5) oft the Federal Land Policy and Management Act, 43 U.S.C. 1761(a)(5), to MACON, COUNTY OF, its agents, successors, The United. States and thel lessee are, jointly referred to in this lease as the' "parties." The term' 'authorized officer" refers to the Forest Service official having the delegated authority to execute and administer this lease. Generally, unless otherwise indicated, this authority may be exercised by the Forest Supervisor or District Ranger of the NATIONAL FORESTS IN NORTH CAROLINA in which the following described lands are located. The United States, in consideration of the terms and conditions in this lease and the payment to the United States of rent ina advance by the lessee, hereby issues the lessee al lease for the following described communications facilityi in MACON county of NORTH CAROLINA, (hereinafter called the' "lease area"). The lessee accepts this lease and possession of the lease area, subject to any valid existing rights, and agrees to use the lease area only for construction, operation, maintenance, andi termination of a communications facility. Authorized facilities under  and assigns (hereinafter the "lessee").  this leasei include:  Wine Springs Communication Site: Antenna support structures Ancllayimprovements  80' lattice freestanding tower 8 kw generator 1000 gallon LP tank    The location of the lease area is described or shown generally in the Wine Spring Bald Communication Site Management Plan, which is attached as Appendix Aof this lease. This and any other appendices are hereby  incorporated into this lease.  Any additional appendices toi this lease are incorporated! into and made aj part of this instrument as fully and  effectively asi if they were: set forth herein in their entirety. This lease is issued subject to thei following terms and conditions.  I.TENURE, RENEWAL AND TRANSFERABILITY  A. This lease shall terminate at one minute after midnight on 5/01/2042. Termination at the end of the lease term shall occur by operation of law and shall not require any additional notice or documentation by the authorized B.I Ift the lessee desires a new lease upon termination oft this lease, the lessee shall notify the authorized officer accordingly, in writing. The notice must be received by the authorized officer at least one year prior to the end of the lease term. The authorized officer shall determine if the use should continue and, ifi it is to continue, ifar new lease should bei issued to the lessee and under what conditions. The authorized officer shall require payment of any amounts owed the United States under any Forest Service authorization before issuance of another C. This lease is assignable with prior written approval of the authorized officer, except when rent has been exempted or waived in whole or in part. Renting of space does not constitute an assignment under this clause.  officer. This lease is not renewable, but the lessee has the right to requesta new lease.  authorization.  II. RENT  A. The lessee. shall pay rent annually in advance as determined by the authorized officer in accordance with law, regulation, and policy. The annual rent shall be adjusted by the authorized officer to reflect changes in fair market value, annual adjustments using the Consumer Price Index-Urban (CPI-U), changes int tenant occupancy, or phase- B. Renti is due at the close of business on January: 1 of eachy year for which a payment is due. Payments int thet form ofa check, draft, or money order are payable to USDA, Forest Service. Ift the due date for the rent falls onar non- work day, the charges shall not apply until the close of business on the next workday. This lease shall terminate if C.Pursuant to 31 U.S.C. 3717 et seq., interest shall be charged on any rent not paid within 30 days from the date the rental or rental calculation financial statement specified ini this authorization becomes due. The rate of interest assessed shall be the higher oft the rate of the current value of funds tot the U.S. Treasury (i.e., Treasury tax and loan account rate), as prescribed and published by the Secretary oft the Treasury in the Federal Register and the Treasury Fiscal Requirements Manual Bulletins annually or quarterly or at the Prompt Payment Actr rate. Interest on the principal shall accrue from the date the rent is due. In addition, an administrative penaltyata  inr rent, ifa appliçable.  rent is not received by the Forest Service within 90 calendar days of the due date.    percentage rate prescribed by law or regulation willl be assessed for failure to pay any portion oft the debt that is more than 90 days past due. This paragraph shall survive the termination or revocation of this lease, regardlessof D. Disputed rent is due and payable by the due date. No appeal of rent shall be considered by the Forest Service  cause.  without full payment of the disputed amount.  III. RESPONSIBILITIES OF THE LESSEE  A. The lessee is authorized to rent space and provide other services to customers and tenants and shall charge each customer and tenant a reasonable rent without discrimination for the use and occupancy oft the facilities and services provided. The lessee shall noti impose unreasonable restrictions or restrictions restraining competition or trade practices. By October 15 ofe each year, the lessee shall provide the authorized officer a certified statement listing all tenants and customers by category of use ini the authorized facilities on September 30 oft that year. B. All development, operation and maintenance oft the authorized facilities, improvements, and equipment located in the lease area shall bei ina accordance with stipulations in the applicable communications. site management plan approved by the authorized officer. If required by the authorized officer, all plans for development, layout, construction, or alteration ofi improvements int thel lease area, as well as revisions of those plans, must be prepared by al licensed engineer, architect, and/or landscape architect. These, plans must be approved in writing byt the authorized officer before commencement of any work. After completion, as-built plans, maps, surveys, or other similar information shall be provided to the authorized officer and appended toi the C. The lessee shall comply with applicable federal, state, county, and municipal laws, regulations and standards for public health and safety, environmental protection, siting, construction, operation, and maintenance in exercisingt the rights granted by this lease. The obligations oft the lessee under this lease are not contingent upon any duty of the authorized officer or other agent of the United States to inspect the authorized facilities orl lease area. Ai failure by the United States or other governmental officials to inspect is not a defense to noncompliance with any of the terms and conditions oft this lease. Thei lessee waives all defenses of laches or estoppel against the United! States. The lessee shall at all times keep the title of the United States tot the lease area free and clear ofall D. Use ofc communications equipment in the lease areai is contingent upon possession of av valid Federal Communication Commission (FCC) license or Director of Telecommunications Management/Interdepartmental Radio Advisory Committee (DTM/IRAC) authorization and operation of the equipment in strict compliance with applicable requirements of the FCC or IRAC. A copy ofe each applicable license or authorization shall at all times be maintained by the lessee for each transmitter being operated. The lessee shall provide the authorized officer, when requested, with current copies of all FCC licenses and DTM/IRAC authorizations fore equipment in oron E. The lessee shall ensure that equipment within facilities authorized by this lease (including tenant and customer equipment) operates in a manner that will not cause harmful interference with the operation of existing  communications site management plan.  liens and encumbrances.  facilities covered by this lease.    equipment on or adjacent tot the communications site covered by thisl lease. Ift the authorized officer or authorized official of the FCC determines that the lessee's use interferes with existing equipment, the lessee will promptly take the necessary steps to eliminate or reduce the harmful interference to the satisfaction oft the F.Whenr requested by the authorized officer, the lessee shall furnish ehmailmomatonenemns the  authorized officer or FCC official. equipment locatedi in thel lease area.  IV. LIABILITIES  A. The lessee assumes all risk of loss to the authorized facilities and ancillary improvements.  B. The lessee shall comply with all applicable federal, state, and local laws, regulations, and standards, including but notl limited to the Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq., the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601 et seq., and other relevant environmental laws, as well as public health and safety laws and other laws relating to the siting, construction, operation and maintenance of any facility, improvement, or C. The lessee shall indemnify, defend, and hold harmless the United States fora any violations incurred under any such laws and regulations or forj judgments, claims, or demands assessed against the United. States in connection with the lessee's use or occupancy oft the lease area. The lessee's indemnification of the United States shall include any loss of personal injury, loss of life or damage to property in connection with the occupancy or use of the lease area during the term of this lease. Indemnification shall include but not be limited to the value of resources damaged or destroyed; the costs of restoration, cleanup, or other mitigation; fire suppression or other types of abatement costs; third-party claims andj judgments; and all administrative, interest, and other legal costs. D. The Forest Service has no duty, either before or during the lease term, to inspect the lease area or to warn of hazards and, if the Forest Service inspects the lease area, it shall incur no additional duty nor any liability for hazards noti identified or discovered through those inspections. This paragraph shall survive the termination or E.7 The lessee has ana affirmative duty to protect from damage the land, property, and interests of the United F. In the event of any breach of the lease by the lessee, the authorized officer may, on reasonable notice, cure the breach att the expense of the lessee. If the Forest Service at any time pays any sum of money or does any act which willr require payment of money or incurs any expense, including reasonable attorney'sf fees, ini instituting, prosecuting, or defending any action or proceeding to enforce the United States' rights hereunder, the sums paid by the United States, with all interests, costs, and damages, shall at the election of the Forest Service be deemed to be additional rent under this lease and: shall be due fromi the lessee to the Forest Service on the first day of the  equipment in the lease area.  This clause shall survive the termination or revocation of this lease, regardless of cause.  revocation oft this lease, regardless of cause.  States.  month following that election. V_MISCELLANEOUS PROVISIONS    A. Nondiscrimination. The lessee andi its employees shall not discriminate against any person on the basis of race, color, sex (in educational and training programs), national origin, age, or disability or by curtailing or refusing to funmishaccommodations, facilities, services, or use privileges offered to the public generally. Ina addition, the lessee and its employees shall comply with the provisions of Title VI of the Civil Rights Act of 1964 as amended, Section 504 of the Rehabilitation Act of 1973, as amended, Title IX of the Education Amendments of 1972, as  amended, and the Age Discrimination Act of 1975, as amended.  B. Revocation, Termination and Suspension  1. General. For purposes of this lease, termination, revocation, and suspension refer to the cessation of uses and "Revocation" refers to an action by the authorized officer to end the lease because ofr noncompliance with any of the prescribed terms, abandonment, or for reasons in the public interest. Revocations are appealable. "Termination" refers to the cessation oft the lease under its own terms without the necessity for any decision or action byt the authorized officer. Termination occurs automatically when, by the terms of the lease, a fixed or agreed upono condition, event, or time occurs. For example, the lease terminates at expiration. Terminations are Suspension" refers to a revocation which is temporary and the privileges may be restored upon the occurrence 2. This lease may be suspended or revoked upon breach of any oft the conditions herein or upon nonuse. Nonuse refers to ai failure to operate the authorized facilities on the property for a period of 2years. 3. Except in emergencies, the authorized officer shall give the lessee written notice oft the grounds for revocation or suspension and ar reasonable time, not to exceed 90 days, to complete the corrective action. After 90 days, the 4.This lease may be revoked at the discretion of the Forest Service when int the publici interest. When revoked in the publici interest, the lessee shall be compensated subject to the availability of appropriated funds. Compensation shalll be! based upon the initial cost ofi improvements located on the lease, less depreciationas allocated over the life of the authorized facilities, based on the Lessee's federal taxamortization: schedules. 5. Written decisions by the authorized officer relating to administration of this lease are subject to administrative 6.lf upon expiration of this lease the authorized officer decides not to issue a new lease, or the lessee does not desire a new lease, the authorized officer and the lessee shall, within sixi months prior to thet termination date of 7. Upon termination or revocation oft the authorization, delinquent fees and other charges associated with the  privileges under the lease.  not appealable.  of prescribed actions or conditions. Suspensions are appealable.  Forest Service is entitled to such remedies as provided herein.  appeal pursuant to 36CFR214.  this lease, agree upon a mitigation plan to restore and stabilize the site lease area.    authorization will be subject to all rights and remedies afforded the United States pursuant to 31 U.S.C.3 37116 et  seq. Delinquencies may be subject to any or all of thei following conditions: a.A Administrative offset of payments duei the lessee from the Forest Service. appropriate collection action as provided by 31 U.S.C. 3711(g)(1).  b.D Delinquencies in excess of 60 days shall be referred to United States Department of the Treasury for c.The Secretary oft the Treasury may offset an amount due the debtor for any delinquency as provided by 31 U.S.C. 3720 et seq.). Ifthis lease is revoked for noncompliance, the lessee shall remove all authorized structures andi improvements, except those owned by the United States, within 90 days, and shall restore the: site as nearly as reasonably possible to its original condition unless this requirement is waived in writing by the authorized If the lessee fails to remove all authorized structures or improvements within the prescribed period, they shall become the property oft the United States and may be sold, destroyed, or otherwise disposed of without any C. No member of or delegate to Congress or resident commissioner shall benefit from this lease whether directly  officer.  liability to the United States.  ori indirectly, other than to the extent the lease provides a general benefit to a corporation. D. This lease is issued subject to the following reservations by the United States:  1. The right of the United States to all natural resources now or hereafter located in the lease area unless stated otherwise, and the right to utilize or dispose oft those resources insofar as the rights oft the lessee are not 2. The right oft the United States to modify the communications site management plan as deemed necessary. 3. The right of the United States to enter the lease area and inspect all authorized facilities to ensure compliance 4. The right oft the United States to require common use of the lease area and the right to authorize use oft the E. The Forest Service and the lessee shall keep each other informed of current mailing addresses.  unreasonably affected.  with thet terms and conditions oft this lease. lease area for compatible uses.  F.This lease supersedes a special use authorization designated WAY102810.  G. Ifthere is any conflict between any of the preceding printed clauses and any of thei following clauses the  preceding printed clauses shall control.  THIS LEASE IS GRANTED SUBJECTTO ALLITSTERMS AND CONDITIONS.    BEFORE ANY LEASE IS ISSUED TO AN ENTITY, DOCUMENTATION MUST BE PROVIDED TO THE AUTHORIZED OFFICER OF THE. AUTHORITY OF THE SIGNATORY FOR THE ENTITY TO BINDITTO THE TERMS AND CONDITIONS  OF THE LEASE.  Derek Roland Manager Macon County  DATE  APPROVED:  M. TROY WASKEY District Ranger  DATE  According to thel Paperwork! Reduction Act of1995, an agency mayr not conduct or sponsor, anda person is not required tor collection ofi information unless it displays a valid OMB control number. The valid OMB control number for this information respond collectioni toa is 0596-0082. Thet time required to complete this information collection ise estimated to average one (1) hour per response, including thet forr reviewing instructions, searching existing datas sources, gathering andr maintaining the data needed, and completing andr The U.S. Department of Agriculture (USDA), prohibits discrimination in all its programs and activities ont the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familials status, parental status, religion, sexual orientation, genetic information, politicalb beliefs, reprisal, or because all orp part ofa an individual's income is derived froma any public assistance. (Not all prohibited bases apply to allp programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA'STARGET Center at 202-720-2600 (voice and TDD). Toi file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence. Avenue, SW, Washington, DC: 20250- 9410 or callt toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relaya at (800) 877-8339 or The Privacy Act of 1974 (5 U.S.C. 552a) andt the Freedom of Information Act (5U.S.C. 552) governt the confidentiality tol be  time reviewing the  collection ofi information.  (866) 377-8642 (relay voice). USDAI is an equal opportunity, provider and employer.  (TDD) for provided  information receivedbyt the Forest Service.    (To Be Reproduced on CountyLetterhead)  DATE (please date after the department has held their public meeting on.  Municipal Lease and Option Agreement between HomeTrust Bank and Buringtown-lotla lam Chairman of the County Commissioners of Macon County. This letter is to advise you that: Burningtown-lotia VolunteerFire & Rescue, Inc. is a qualified Volunteer Firel Department, In addition, a special ad valorem (fire tax) is assessed on the real property owners of this district. Said tax is to be used exclusively to provide equipment, facilities, and training as is necessary to provide fire protection for said district. Said funds may also be used to upgrade equipment as the need arises. This tax is collected by the County and disbursed by the Finance Office to the Fire Department on a regular basis by the County Finance Officer. The Fire Department is operated and managed by the Board of Directors of the Fire Department and the Officers of said Department. The Department is currently meeting the requirements The Fire Department has made us aware of their intention to acquire new capital assets through al Lease Purchase transaction with your firm. Please be advised that the County has  Volunteer Fire & Rescue, Inc.  assigned to protect a specific Fire District within this County.  of their fire service contract. no objection to this transaction.  Sincerely,  Chairman  Macon County Commission    STATE OF NORTH CAROLINA COUNTY OF MACON  AGREEMENT  This Agreement is made and entered into this the  day  20 by and  between Macon County, a North Carolina Body Politic and Corporate, and Pradera  Group, LLC  hereinafter "Developer".  WITNESSETH:  THAT WHEREAS, Macon County has an Ordinance known as the "Macon County Subdivision Ordinance" and the same was originally adopted on or about June 2, 2008, effective September 1, 2008, and the same has been amended and restated on  October 12, 2021 (herein "Ordinance");and  WHEREAS $ 159.24 of said Ordinance and G.S. 160D-804.1 provides for performance guarantees at the time the plat is recorded to assure successful completion of  required improvements to as subdivision; and  WHEREAS in accordance with Macon County Subdivision Ordinance $ 159.24 and G.S. 160D-804.1(1) does require a Subdivider to obtain a performance guarantee which means any of the following: a) surety bond issued by a company authorized to do business in this State; b) letter ofcredit issued by any financial institution licensed to do business in this State; and c) other form of guarantee that provides equivalent security to a  surety bond or letter of credit; and  WHEREAS, in accordance with Macon County Subdivision Ordinance S 159.24 and G.S. 160D-804.1(3), the performance guarantee shall be in the amount of 125% of the reasonably estimated cost of completion at the time the performance guarantee is  issued; and  WHEREAS, Developer, in compliance with S 159.24 of the Macon County Subdivision Ordinance and G.S. 160D-804.1, desires to enteri into such an agreement with Macon County to complete all required improvements for Whiteside Cottages Subdivision in Macon County, North Carolina, and does specifically agree to fully complete the following improvements to such subdivision as shown on attached Exhibit A, the same being incorporated herein by reference as ifmore fully set forth herein; and WHEREAS, Developer agrees to cause a performance guarantee in the amount of $_110,361.00 , as set forth in attached Exhibit B and in favor of Macon County in accordance with the provisions of the Macon County Subdivision Ordinance at the time  the plat is recorded; and  WHEREAS, the parties hereto desire to enter into this Agreement in order to  1    memorialize their agreement and to comply with the Ordinance above-referenced.  NOW THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE COVENANTS CONTAINED HEREIN, THE PARTIES HERETO DO AGREE AS  FOLLOWS: 1.  That in order to comply with the Macon County Subdivision Ordinance, Developer does hereby agree with Macon County to fully complete all of the improvements shown on attached Exhibit A, the same being incorporated herein by reference as if more fully set forth herein to the reasonable satisfaction of Macon County in connection with and to Whiteside Cottages Subdivision in Macon County, North Carolina, and in accordance with the terms of the Macon That in order to comply with the Macon County Subdivision Ordinance, Developer does hereby agree to secure a performance bond in the form as set forth in attached Exhibit B, the same being incorporated herein by reference, in the amount of $ 110,361.00 in connection with Whiteside Cottages Subdivision in Macon County, North Carolina, in order to insure the completion of the improvements as shown on attached Exhibit A, the same being incorporated herein by reference, to the reasonable satisfaction of Macon County and in accordance with the terms of the Macon County Subdivision Ordinance That the parties agree to and confirm the recitals set forthl hereinabove. This Agreement is made and entered into the day and year first above written.  County Subdivision Ordinance referenced hereinabove.  2.  referenced hereinabove.  3.  Macon County By:  Chairman, Macon County Board of County Commissioners  Attest:  Clerk to the Board (County Seal)  2    By:  Authorized  Representative,  Developer  3    EE  EEID    STATE OFI NORTH CAROLINA COUNTY OF MACON  BONDNO.3482880  PERFORMANCE BOND  KNOW ALLMEN BY THESE. PRESENTS:  That  we,  Pradera Group, LLC  as  Principal,  and  SureTec Insurance Company  a. Texas Business_ Corporation, and Surety Bonding  Company authorized to do business in North Carolina, with an address of 2103 CityWest Boulevard, Suite 1300, Houston, TX 77042 as Surety, are held and firmly bound unto Macon County, a North Carolina Body Politic and Corporate, as Obligee, in the full sum 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  of One] Hunred Ten Thousand ThreelundredSixty One  Dollars ($110,361 ), lawful  severally, firmly by these presents. approval of Whiteside Cottages  WHEREAS, the above bounden Principal has secured from the Obligee the final plat into an Agreement with Macon County to fully complete all of the improvements shown on attached Exhibit 1, the same being incorporated herein by reference as if more fully set forth herein to the reasonable satisfaction of Macon County in connection with and to  Subdivision in Macon County and has entered  Whiteside Cottages  Subdivision in Macon County, North Carolina, and in  accordance with the terms of thel Macon County Subdivision Ordinance; and  WHEREAS, the Principal is required by Obligee and pursuant to such Agreement to secure with a Performance Bond the Principal's obligation to fully complete all of the improvements shown on attached Exhibit 1, the same being incorporated herein by reference as if more fully set forth herein, to the reasonable satisfaction of Macon County in connection with andi in accordance with the terms oft thel Macon County Subdivision Ordinance.  and to. Whiteside Cottages  Subdivision in Macon County, North Carolina,  NOW, THEREFORE, the condition of this obligation is such that if the Principal shall fully complete all of thei improvements shown on attached Exhibit 1, the same beingi incorporated herein by reference as if more fully set forth herein, to the reasonable satisfaction of Macon County, and in accordance with the terms of the Macon County Subdivision Ordinance on or Obligee in writing and consented to by Surety), then this obligation shall be void, otherwise to remain in full force and effect. This obligation is subject to the following conditions: 1. This bond runs to the benefit of the named Obligee only, and no other person shall have any rights under this bond. The duration of this bond shall be for Twelve (12) Months  County in connection with and to Whiteside Cottages  Sudivision in Macon  before_ May 12,2022  (or within such further extensions oft time that shall be granted by  1    year(s).  2. This bond is not ai forfeiture obligation, and in no event shall the Surety's liability exceed the reasonable cost of fully completing all of the improvements shown on attached Exhibit 1, the same being incorporated herein by reference as if more fully set forth herein, to the reasonable satisfaction of Macon County in connection with and to in accordance with the terms oft the Macon County Subdivision Ordinance which are not completed by Principal, or thes sum oft this bond, whicheveri is less. This bond is executed and becomes effective this the 4th day ofI May, 2022.  Whiteside Cottages  Subdivision in Macon County, North Carolina, and  Pradera Group, LLC Principal By:  Authorized Representative, Developer  SureTec  E  2    POAR: 1010005  SureTec Insurance Company LIMITED POWER OF ATTORNEY  Know. l Men by These Presenis, That SURETEC: INSURANCI COMPANY (che "Company"), a corporation duly organized and exis:ing undur the laws of the State of Texus. unil having is principal office in Houston, llarris County, Texas, dnes by these presenss ils truc and lavtul Atorney-in-tact, with tull power and authorityhereby conterred in 15 mame, place and stead. lus cxecute. ackrowiecye and deliver any and all bonds, recognizanccs, endertakings or other instramenss or contracts of suretyship to include waivers to the and tol bind the Company thereby as fully and to the same extent as ifs such bond were signed by the President, scaled with the corporate sout of the Company and duly attested hy ics Secretary, hereby ratifying and confirming all chat the said Attorey-in-Fact. inay du int the premises. Said appointror is made under and by autori.y of thu lollowing resolutiuns of the Board of Directars oft the Surelec Ba ki Reeshed, ha the Presid:nt, any Vice-P-esident, any Assistant Vice-Pras dent any Searetary 01 any Assistant Scorstary sha!l be andi is leresys vesled with full power anc authoriry to appoint any one or mor: su.rable perso.:s as Atto.ney(s-in-Fact 10 represen and ccL fo: and en Ktirwsy-in-Fnc may he given Nill powar and au.horily fr and in the nama of and ofbchalf oft the Cempa.y, to axecute. ackowlcdge and deliver, mny ands Ibonds, wagnizances, conracts, agreaments or indemnity End other conditional or obligalury uncerlukings. did: atly and: all noices sos documonts cancelng o: cerninating thc C'ompany's Labillcy thereunder. and ay such instrurents sn ehccuted ly any such Attorey-in-Fac: shall hel hindingmpos the Compary asi ifsigned hyt the Pras dent ands seald ardeffored py the Co,poia-scaetary: Dit Rasnhvd, thar the signalurg ofs any sathorizd ofcer and seal ot'the Company herctoforc or hzatte. arlixed to asy power of attorney or uny certificrtc releting thareto by facs.m.l. ad any power ot' artomncy or ceriticas buaring lausimila siynalure or lveimiles serl, shall he valid aad o.nding upon the Coupany wi.li Iexpuct to any bond CL uidulaking la whithi ir is Mincal. (daplad an wosrig hold on. 20* a Apri, In Wimess Hhereof SURETLCINSURANCLCOMPANY has caused these presents tol be: signed! byi is Presidun!, urdi iIs corparalo scal  make, constitore ad appoint  Brian E. Madden, Chancey, J.: Shepherd, Deborah B. Sasser, Rachel Fell,  Brittany Triplett, Felisa H. Vaughan  conditions of contracts and consents ol'surcty Jor. providing the bond penalty docs not cxcccd  Five! Million and 00/100 Dollars $5,000,000.00)  Insurance Company:  bchalfo ot'thc Compay suh cct: othe lollowing prov.sia:s:  1990.  tol be hereto: aflixed this 11h day of Mvy AD. 2021  SURETEC IRSURANCECOMIPANY By: amealc Michacl C. Keimig, President  Slate ofTexas County ofllarris  $S:  On this 11th dayor May A.D. 2021 haora me persunally care Mictae! C. Keimiy. lo mç kuown, who, bcing y me dy sworn. did hall heresdevi ini Housion, 'Texis that he isF President of SUREIFC INSURANCE COMPANY. th: comauy dusctibed in ad whiche execuled depose tis abuve s3y. instrurent: tha: he knows the scal of sais Company: that the scrl arrsed to said instrumeat is such sorporale seal: thati il was 50 affivedt by unier ofl the  and  Baarde ofl Daraorafsidcompeny;: andt that! hes signed his name thercio by likeorder  TANYA SNEED Notary Public, State of1 Toas Comm Expires 03-30-2023 Notary! ID 128571231  Tanya Sneed, Notafy Public My commission cxpires March 30, 2023  I,M Brent Beaty, Assistant Secretary al: SURETEC: NSURANCECOMIPANY, dol hereby certify that the: above and foregoing isa true and correct ofal Power of Allorney, executed hy said Company. whichi iss still in full forcea and cffeet, and furthermo:c. the tesolutions ofu the Board of Directors. copy set  muti in thel Power of A:tomey arei in full force and elfect.  Given under my hand and the seal of said Company at Houston. Texas this  2000AD.  M.Brent Beaty, AssistanfSedfetary  Anyi instrument issuedi inE excess oft the  stated  AE  penalty: ahove is totally void and without any validity. 1010005  For verifiçation oft the authorily of this power your may call (713) 812-0800: any business day between 8:30 ama and! 5:00 pm CST.    Mark Rogers Grading Company, LLC 1305 Hicks Rd Highlands, N.C.2 28741  Estimate Estimate No. 290 Phone # (828) 421-5320  Date 4/29/2022 E-mail markrogersgrading@outook.com  Name/Address PRADERA GROUPLLC POI BOX723235 ATLANTA GA 31139  Project WILDCAT COTTAGES Rate 150.00 120.00 120.00  Description  Qty  Total 150.00 9,600.00 9,600.00  INSTALLATION OF BLOCKS MOVE IN MEDIUM: SIZE EXCAVATOR WITH OPERATOR MEDIUM SIZE EXCAVATOR WITH OPERATOR FOR 2WEEKS  1 80 80  2LABORERS FOR2V WEEKS SMOOTH FACED TOXI BLOCKS 675 SQ FEET OF TOX BLOCK PICKED UP AND DELIVERED TO, JOB SITE- WITH USE OF BLOCK SLINGER $22,393.54 OR  ROCKI FACED TOXI BLOCK SLINGER $23,939.14 IF PINNINGIT  675 SQ FEET OF TOXI BLOCK PICKED UP AND DELIVERED TOJOB SITE- WITH USE OF BLOCK  0.00 $23,939.14  1"X 20' REBARI FOR HOLES: = 51.89 NUMBER NEEDED TO BE DETERMINED CONCRETE FORI HOLES 3000 PUMP MIX FOR HOLES = $219.36 PER' YARD TOBEI DETERMINED TO BE DETERMINED  $24,500.00  Total  Page 1    Mark Rogers Grading Company, LLC 1305 Hicks Rd Highlands, N.C.28741  Estimate Estimate No. 290 Phone # (828)421-5320  Date 4/29/2022 E-mail hgengangounhatcon  Name/Address PRADERA GROUPLLC PO BOX723235 ATLANTA GA: 31139  Project WILDCAT COTTAGES Rate  Description  Qty  Total $20,500.00  BACK FILL TO BE DETERMINED $325 PER TANDEM LOAD OF CLEAN FILL DIRT (15-18 TONS  PERI LOAD)  NOT RESONSIBL EF FOR DAMAGET TOUNDERGROUNDUTILITIES. NOT RESONSIBLE FORI DAMAGE TO: PAVERS, CONCRETE, OR PAVEMENTDRIVING TOORE FROM THE PROJECT. NOT RESONSIBLE FOR FAULTINOURY WORK BEYOND OUR CONTROL. ROCK REMOVAL1 THAT REQUIRES HYDRAULIC HAMMERING, EXPANDER ORI BLASTINGI IS NOTI INCLUDEDINT NORMAL EXCAVATION CHARGES NORI IS THEL HAULOFF. ANDI DISPOSAL FEES.  Total  $88,289.14  Page 2    STATE OFI NORTH CAROLINA COUNTY OF MACON  APPLICATION: FOR PERMIT TO EXHIBIT, USE AND/OR DISCHARGE PYROTECHNICS FOR CONCERT OR PUBLICI EXHIBITION  1. Display Operator/Applicant's: full name and address: Enc Maght-TRubydhdwi). 2. Has the Display Operator/Applicant been issued a displayoperator license under) N.C. Gen.  15Rogts Rige Pd. Newlanc,NC 28651 Stat. $ 58-82A-3 and does the same remain in effect? Ves  Attach copy.  3. Place ofproposed public exhibition: 4705Kyline lodgeR.fiyab,NC 28741  4. Willthee exhibition! beindoor? N1O  Ifso,additionaln Irulesapply.  5. Will thej proposed exhibition bei in connection with concerts or public exhibitions, such as Ain,campvals.ahowsofal. esenplonsandorpublicelbrations? YeS. Ifso, which: 6. Will the proposed exhibition be used: for any other purpose? NO Ifso, what? 7. Does thel Display Operator/Applicant have insurance int the amount ofat least five hundred thousand dollars ($500,000) or the minimum amount required by the North Carolina Building Code pursuant to. N.C. Gen. Stat. $ 143-138(e), whichever is greater?.  wedding  Attach full copy of the same.  ves  8. The names of all Individual(s) who are to exhibit, use, handle or discharge pyrotechnicsi in  connection with the conçert or public exhibit: Eric Wrigkt, Article 82Ao ofChapter 58ofthel North Carolina General Statutes?  Lauya  Cody Greeney  Wright  9. Have all persons identified in #8 above completed training and licensing required under 10. Will the display operator or proximate audience display operator, as: required under Article 82AofChapter 58 ofthel North Carolina General Statutes, bej present att thec conçert or public 11. Will the display operator or proximate audience display operator, as required under Article 82A of Chapter 58 of the North Carolina General Statutes,personally direct all aspects of 12. Does Display perator/Applicant have all necessary permissions from the property owner  Ves  exhibition? Yes  exhibiting, using, handling, or dischargingt thep pyrotechnics? yes oft the lands where the display will take place? Ves  Icertify under penalty of perjury that the responses to the above are truthful all respects.  Thist the 2glhdayd of april  2022 al Diphy.OPemiotApicint    JECO Pyrotechnics, Inc. 195 Rodgers Ridge Rd. Newland, NNC. 20057 Ph. 828-260-2619 JecopyroPymail.com  weco PYROTFCINIESINC.  Date: 3-31-2022 Attention:. Jimmy Teem Re: application fori fireworks permit  Attached to this cover sheet, please find the documents listed belowi ins support of our request fora  permit for an outdoor fireworks display.  Certificate ofi insurance Shot list Site display Copyofo operator license  The date of the showis610-2022, and thel location is Skyline Lodge 470 Skyline Lodge Rd. Highlands,  NC: 28741.  Please let me knowiff further information is needed.  Thank you, CHc Wright Eric Wright, president JECO Pyrotechnics, Inc.    ACORD  CERTIFICATE OF LIABILITY INSURANCE  DATE( MMDDMYYY) 3/12/2022  THIS CERTIFICATE IS ISSUED AS AI MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. ISUBROGATION IS WAIVED, subject to the terms and conditions oft the pollcy, certaln policles may requlre ane endorsement. Astatement ont thls certificate does not confer rights to the  REPRESENTATIVE OR PRODUCER, ANDI THE CERTIFICATEHOLDER certificate holder inl lleu ofs such endorsement(s). Ryder Rosacker McCue & Huston (MGD by Hull & Company)  PRODUCER 509 WI Koenig St Grand Island NE 68801 INSURED JECO Pyrotechnics, Inc. 195 Rogers Ridge! Rd Newland NC 28657 COVERAGES INSRI LTR TYPE OFI INSURANCE A GENERALLIABILITY X COMMERCIAL GENERALLABILITY CLAIMS-MADE X OCCUR GENL AGGREGATE LIMIT APPLIES PER: XPOucY RO LoC AUTOMOBILEI LIABILITY ANYA AUTO ALLOWNED AUTOS HIREDAUTOS UMBRELLALAB EXCESSLIAB DED RETENTIONS WORKERS COMPENSATION ANDE EMPLOYERS" LIABILITY ANY OFFICERMEMBERI RATOPATEPRCNE EXCLUDED? (Mandatory! Inl NH) under describey ESTSFS OPERATIONSI below  CONTACT NAME: PHONE Krisly Wolfe AC.NO.Ex). 308-382-2330 ADDRESS: EMAIL wole@pcnsuranecon INSURERA: SCOTTSDALEI INSCO INSURERB: INSURERC: INSURERD: INSURERE: INSURERF:  TLNO  INSURERISAFFORDINOE COVERAGE  NAICA 41297  CERTIFICATE NUMBER:: 395861775  REVISION NUMBER:  THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,  EXCLUSIONS. AND CONDITIONS OF SUCHI POLICIES. LIMITS SHOWNMAYHAVE BEENF REDUCEDBYI PAID CLAIMS.  INSRVD ADDLSUBR  POLICYNUMBER CPS3994197  POLICYEFF (MMDDMYY POLICYE EXP 10/25/2021 10/25/2022 EACHOCCURRENCE  LINITS $1,000,000  DAMAGE TO7 RENTED $100,000 PREMISES (Eac ocçurrence). MEDE EXP (Anyo onep person) $5,000 PERSONAL &ADVI INJURY $1,000,000 GENERAL AGGREGATE $2.000.000 PRODUCTS COMP/OP AGG $2.000.000 COMBINED SINGLEL UMIT (Eoa accident) BODILYINJURY (Per person) BODILYI INJURY (Pera aocidenty $ (Per PROPERTY accident). DAMAGE EACH OCCURRENCE AGGREGATE WÇSTATU TORYLIMITS R E.LE EACHACCIDENT EAEMPLOYEE $ ELDISEASE- E.L.D DISEASE- POLICYLIMIT $  $ $ $ $ $  SCHEDULED AUTOS AUTOS NON-OWNED OCCUR CLAIMS-MADE Y/N NIA  DESCRIPTION OFC OPERATIONS/ ILOCATIONS IVEHICLES (Attach AÇORD1 101, AdditionalF Remarks Schedule, ifmore apaceisn requlred)  Regarding the Generall Ljability coverage, Blanket Additional Insured appliest to the entities listed! below) per attached form GLS-150s when required by written Regarding the General Liability coverage, Waiver of Subrogation applies tot the entities! listed below pera altachedf form CG240 04 whenr required by written  agreement. agreement. display date: June 10,2022 additional insured: Macon County, NC CERTIFICATE HOLDER  CANCELLATION  SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN  ACCORDANCE WITHT THE POLICY PROVISIONS. AUTHORIZED! REPRESENTATVE Souibsna  Skyline Lodge 470 Skyline Lodge Rd Hlghlands NC: 28741  01988:2010ACORD: CORPORATION. All rights reserved.  ACORD: 25 (2010/05)  Tho ACORD name and logo are registered marks OfACORD    JECO Pyrotechnics, Inc 195 Rodgers Ridge Rd Newland, NC 28657 828-260-2619 ecopyro@gmail.com Shot List  Location: Samford-Halbrat wedding Skyline Lodge 470 Skyline Lodge Rd. Highlands, NC 28741 Date: 6/10/2022 Shots to be fired: Number ofs shots 180 16 8  description ofshot 13/4 inch shell 500 gram cakes 200 gram cakes    :D ABI  y    ONC2  3  9  -    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - CONSENT AGENDA  MEETING DATE: May 10, 2022  Item 12A. Draft minutes from the April 12, 2022 regular meeting are attached for the board's review. and approval. (Mike Decker/Tammy Item 12B. Budget Amendments #259-268 are attached for your review and Item 12C. Approval of tax releases for the month of April 2022 in the amount of $116.22, per the attached memorandum from Tax Collections  Keezer)  approval. (Lori Carpenter)  Supervisor Delena Raby.  Item 12D.  Tax refund requests for (1) Nelson Bates in the amount of  $15.92, (2) Tim and Carol Bates in the amount of$16.02 and (3) the Violet Klatt Trust in the amount of$571.36. Please see the attached memorandums on each of these items, along with supporting documentation, from Tax: Item 12E. The application to the Public School Building Capital Fund oft the North Carolina Education Lottery requesting the release of $355,758.15 in Item 12F. A copy of the ad valorem tax collection report, which shows a 98.42 percent collection rate as of April 30, 2022. Report only. No action is  Administrator Abby Braswell.  lottery distribution funds. (Lori Carpenter)  necessary. (Delena Raby)    MACON COUNTY BOARD OF COMMISSIONERS  April 12, 2022 MINUTES  Chairman Tate 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, County Attorney Eric Ridenour, members of the news media, county ANNOUNCEMENTS: Commissioner Beale recognized and thanked members of the Daybreak and Noon Rotary Clubs who had completed work on the county- owned pavilion on the Little Tennessee River Greenway located behind the shopping center. The Daybreak Club President, Angela Deal, and the Service Chair of the Noon Club, Amy Manshack, were present to provide information about the project. Commissioner Beale recognized Angela Kinsland for her 30 years of service and congratulated her on her upcoming retirement in May. Chairman Tate announced that the annual Law Enforcement Memorial Tribute will be held on May 13, 2022 at noon at the Town Square Gazebo in Franklin to honor law enforcement officers who have lost their lives in the line of duty. MOMENT OF SILENCE: Chairman Tate requested that all in attendance PLEDGE TO THE FLAG: Led by Mrs. Carpenter, the pledge to the flag was PUBLIC HEARING TO CONSIDER PROPOSED NAMES FOR NEW ROADS IN MACON COUNTY AND TO ASSIGN A RANGE OF ROAD NUMBERS IN CONNECTION WITH THE SAME, TO CONSIDER REQUESTS FOR ROAD NAME CHANGES, TO CHANGE THE RANGE OF NUMBERS FOR CERTAIN ROADS, TO CONSIDER REQUESTS FOR DELETION OF CERTAIN ROADS AND TO CONSIDER A CHANGE OF RANGE OF NUMBERS FOR CERTAIN ROAD: At 6:05 p.m., Chairman Tate called the public hearing to order. Angela Kinsland, Macon County 9114 Addressing Coordinator, stated that road changes had been advertised in accordance with the North Carolina General Statutes and requested they be approved as presented. After a brief discussion, confirming that no telephone calls concerning the changes had been received, and with no one from the public wishing to speak to the changes, Chairman Tate closed the public hearing at 6:06 p.m. Upon a motion by Commissioner Higdon, seconded  employees and interested citizens were present.  rise and a moment of silence was observed.  recited.  Minutes 4.12.22 Page 1 of6    by Commissioner Young, the board voted unanimously to approve the "April 12, 2022 Amendment to Chapter 14 of the Macon County Code of Ordinances; the Macon County Road Naming and Numbering System," a copy of which is attached (Attachment 1) and is hereby made a part of these minutes. PUBLIC COMMENT PERIOD: Tracy Dogan shared her concerns about the proposed changes to the Animal Control Ordinance. She provided a handout of her concerns to board members and indicated she would bring her concerns back again at the public hearing on the ordinance amendments when it is ADDITIONS, ADJUSTMENTS TO AND APPROVAL OF THE AGENDA: Upon ar motion by Commissioner Beale, seconded by Commissioner Shields, the board voted unanimously to approve the agenda, as adjusted, as follows: To add Item 9E, DOT report on road and bridge projects, as requested by  scheduled.  Commissioner Beale.  Proposed change to Workforce Innovation and Opportunity Act Consortium David Garrett, Southwestern Commission Workforce Director, and Southwestern Commission Executive Director Russ Harris provided information about the recommendation from March 30, 2022 by the NCWorks Commission to realign workforce development board boundaries to reduce the number of these boards from 23 to eight across the 100 counties, which would make Macon County part of a 13-14 county area instead of a seven-member one. Mr. Garrett requested the. board approve a resolution requesting that the Southwestern Commission Board remain unchanged and continue to serve the seven far- western counties. Mr. Garrett stated that the Southwestern Commission Board approved a resolution to this effect at their March 1, 2022 meeting. Mr. Harris stated that the regional board has positive and active working relationships with all the agencies and governments in the current seven-county area and does not want to see a negative impact on those relationships that could occur with realignment to a larger area. After a brief discussion, Commissioner Beale made a motion, seconded by Commissioner Shields, to approve the resolution as Discussion regarding Environmental Health staffing issues at Macon County Public Health Commissioner Higdon provided a review of the loss of staff in the Environmental Health program at Macon County Public Health over. the past couple of years and the challenges of recruitment. A brief discussion including board members, Health Director Kathy McGaha, Environmental Health Supervisor Charles Womack, Environmental Health Program Specialist Jon Fouts, and Personnel Technician Jessica Baucum, along with local realtors Evan Harrell and Teresa Murray, summarized recruitment challenges and the impact the staff shortage is having on the county's economy and workloads on  presented. The vote was unanimous.  Minutes 4.12.22 Page 2 of 6    the remaining staff., Following the discussion, Commissioner Higdon discussed forming a committee to work with Mr. Ridenour to draft a letter to send to the state requesting a review and change in the educational and experience requirements of these positions. Members of that committee will include Ms. McGaha, Mr. Womack (when available), Ms. Baucum, and Mr. Harrell. Commissioner Beale requested that a septic installeralso be asked to participate. Discussion regarding safety concerns and condition of Nantahala EMS building and work on Nantahala Ibrary/community building = Commissioner Higdon stated that a meeting is scheduled to discuss the EMS building and a report would follow at a later meeting. Mr. Roland stated that the Macon County Library Board and the Nantahala Community Club had agreed to split the building in half. He said the project is already in the county's Capital improvement Plan (CIP) and budgeted for next fiscal year. Commissioner Beale asked Macon County Library Director Karen Wallace to inform the board about an architectural contact for design. Ms. Wallace stated she feels it is imperative that an architect be consulted on design needs specific to a library. She provided Mr. Roland with the contact information of an architect who has considerable experience in library renovation and design and requested he be contacted regarding his availability to work on this project. Mr. Roland said he would Proposed changes to Animal Control Ordinance - Mr. Roland stated this is the beginning of a process for review and approval of a revised Animal Control Ordinance. He indicated the Macon County Board of Health has reviewed the ordinance and has recommended thirteen changes, a list of which will be attached (Attachment 2) and is hereby made a part of these minutes. Ms. McGaha introduced Jimmy Villiard, the Animal Control Section Administrator, who gave an overview of the recommended changes and stated the DOT Report on Roads and Bridges - Commissioner Beale reviewed the schedule for bridge replacements, the resurfacing of roads, and other projects to be completed in Macon County by the North Carolina Department of Transportation and timelines for each. A copy of that schedule is attached  The committee will provide a report at the next regular meeting.  contact him and request a quote.  recommendations were listed in priority order.  Attachment 3) and is hereby made a part. of these minutes.  OLD BUSINESS:  Consideration of change order for Macon Middle School - Jack Morgan reviewed the details of Change Order #016 on the Macon Middle School renovation project in the amount of $65,954. Upon a motion by Commissioner  Minutes 4.12.22 Page 3 of6    Shields seconded by Commissioner Young, the board voted unanimously to approve the change order as presented, along with the accompanying budget amendment, in the amount of $65,954. An unexecuted copy of the change order is attached (Attachment 4) and is hereby made a part of these minutes.  NEW BUSINESS:  Request for new position - Housing Director John Fay reported that he is confident that grant funding will be received this summer from the American Rescue Plan Act COVID relief fund for improving infrastructure. Although he does not know the amount that will be received, he believes it will be considerable and more than enough to support the salaries of at least two new crewmembers. He requested that in preparation of receipt of those funds, he would like. to go ahead and hire one weatherization crewmember, adding that he currently has funds in his budget to cover the addition. Mr. Fay said this would allow him to get the crewmember hired and trained, SO they are ready to go when the funding arrives. Upon a motion by Commissioner Beale, seconded by Commissioner Shields, the board voted unanimously to approve a new weatherization crewmember position for the Macon County Housing Department. Recommendation from the Community Funding Pool - Karen Wallace presented an overview of the applicants and recommended awards for this fiscal year's distribution of $75,000 in Community Funding Pool dollars. She explained that 14 applications were received, totaling $98,000 in fund requests. Ms. Wallace indicated the total amount available for distribution was $75,000 and. that two of the requests (KIDS Place and SK828) were not being recommended because they had already received funding directly from the commissioners. Ms. Wallace provided members with a handout of the requests and recommendations and requested approval of the distributions. Upon a motion by Commissioner Shields, seconded by Commissioner Beale, the board. voted 4-1, with Commissioner Young opposing, to approve the distributions as requested, and a copy oft the approved recommendationsis: attached (Attachment Proposed Child and Family Specialty Plan Medicaid Waiver - Commissioner Beale requested that Patrick Betancourt, Department of Social Services (DSS) Director, and Shelly Foreman, the Regional Community Relations Director for VAYA, explain the proposed statewide plan for DSS clients to transition from the current Local Management Entity (LME) plan to a new statewide plan. Mr. Betancourt indicated there are more than 80 children in the care of Macon County DSS today that would be negatively impacted in receiving behavioral health services with thei implementation of this change. He spoke about the close working relationship that Macon County DSS has with VAYA and how beneficial that relationship is to the children, as well as DSS staff, in meeting the needs of  5) and is hereby made a part of these minutes.  Minutes 4.12.22 Page 4 of6 6    those children. Ms. Foreman indicated this change would present challenges not only for children in care, but also adults who are caregivers, guardian and other children in the home who are not in DSS care, and those who are involved in the in-home program through DSS, etc. She explained this change would put DSS in the position of having to negotiate the needs of the individuals with a private statewide vendor as opposed to VAYA acting as the LME. Commissioner Beale recommended the board send a letter to North Carolina Department of Health and Human Services Secretary Kody Kinsley opposing the statewide plan. Upon a motion by Commissioner Beale, seconded by Commissioner Shields, the board voted unanimously to approve the letter, a copy of which is attached CONSENT AGENDA: Upon a motion by Commissioner Higdon, seconded by Commissioner Young, the board voted unanimously to approve the consent agenda as presented, which includes: (A) Minutes of the March 8, 2022 regular meeting and the March 24, 2022 called meeting, (B) Budget Amendments #220-231, (C) Tax releases for March 2022 in the amount of $5,741.72, (D) a Capital Project Ordinance for Greenway Improvements in the amount of $250,000, (E) a GPRS contract for underground location services at Franklin High School, and (F) the monthly ad valorem tax collection report, for which no  (Attachment 6) and is hereby made a part of these minutes.  action is necessary. APPOINTMENTS:  (A) Upon a motion by Commissioner Beale, seconded by Commissioner Young, the board voted unanimously to reappoint Janet. Greene as the Extra Territorial Jurisdiction (ETJ) representative on the Town of Franklin (B). Upon a motion by Commissioner Beale, seconded by Commissioner Shields, the board voted unanimously to appoint John Fay to the newly- created Southwestern NC HOME Consortium Board of Directors. CLOSED SESSION - At 8:08 p.m., upon a motion by Commissioner Beale, seconded by Commissioner Higdon, the board voted unanimously to go into closed session as allowed under NCGS 143-318.11(a3) in order to preserve the attorney client privilege and NCGS 143-381.11(a)5) to establish, or to instruct the public body's staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating (i) the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease; or (ii) the amount of compensation and other material terms of an employment contract or proposed employment contract. At: 8:48 p.m., upon a motion by Commissioner Young, seconded by Commissioner Higdon, the board voted unanimously to come out of closed  Planning Board.  session and return to open session. No action was taken.  Minutes 4.12.22 Page 5 of6    ADJOURN: At 8:49 p.m., upon a motion from Commissioner Higdon, seconded by Commissioner Young, the board voted unanimously to adjourn.  Derek Roland  Jim Tate Board Chair  Ex Officio Clerk to the Board  Minutes 4.12.22 Page 6of6    MACON COUNTY BUDGET AMENDMENT AMENDMENTI254 FROM: Tina Wiggins ACCOUNT 113839 485000 1143505 556503  DEPARTMENT: Increase Insurance Settlement and Vehicle Repair due to accident.  DESCRIPTION Insurance Settlement Vehicle Repairs & Maintenance  INCREASE 8,610 8,610  DECREASE  REQUESTED BY DEPARTMENTHEAD RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNTY MANAGER  cahosp  ACTION BY BOARDOF COMMISSIONERS 510/202 APPROVED AND ENTERED ON MINUTES DATED  CLERK    MACON COUNTY BUDGET AMENDMENT AMENDMENT # 260 FROM: Robert L. Holland DEPARTMENT: SheriffOffice EXPLANATION: Insurance Settlement  ACCOUNT 11-3839-4850-00 11-4310-5696-01  DESCRIPTION Insurance Settlement Vehicles  INCREASE $33,173.00 $33,173.00  DECREASE  REQUESTED BY DEPARTMENTI HEAD RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNTY MANAGER  Kem s  ACTION BY BOARDOF COMMISSIONERS 5lol22 APPROVED AND ENTEREDON MINUTES DATED  CLERK    MACON COUNTYBUDGET/ AMENDMENT AMENDMENT! # DEPARTMENT EXPLANATION ACCOUNT  261 114370  TOCOVERI EMPLOYEE. APPRECIATION  DESCRIPTION  INCREASE $ $  DECREASE 250.00 250.00  113850 445807 DONATIONS-EMS 114370 556011 OPERATING SUPPLIES  REQUESTED BY DEPARTMENT HEAD RECOMMENDEDI BY FINANCE OFFICER APPROVED BY COUNTY MANAGER ACTIONE BY BOARD OF COMMISSIONERS APPROVED & ENTERED ON MINUTES DATED  3/10/22  CLERK    MACON COUNTY BUDGET AMENDMENT  Date:  4/18/2022  AMENDMENT! # 262 DEPARTMENT: HEALTH Support Teams 115116.  Explanation: This AA was transferred to Transylvania County. This BA ist to clear out the budget for EDI Regional Prev  ACCOUNT 115116-555106  DESCRIPTION Contracted Services  INCREASE  DECREASE $ 77,509.00 77,509  M11-44576 ET LAB CAIACLTYENE DES  PREPARED BY Melissa Setzer REQUESTED BY DEPARTMENT HEAD  raaks  RECOMMENDED BY FINANCE OFFICER Cualia  APPROVED BY COUNTY MANAGER  ACTIONBY BOARD OF COMMISSIONERS Slofz APPROVED ANDI ENTERED ON MINUTES DATED  CLERK    MACON COUNTY BUDGET AMENDMENT AMENDMENT #263 FROM: FINANCE DEPARTMENT: TRANSIT EXPLANATION: ACCOUNT 11-4935-5597-00 11-3570-4820-00  Sale of van #273 DESCRIPTION Non - Capital Equipment Sale of Fixed Assets  INCREASE DECREASE $ 4,900.00 $ 4,900.00  REQUESTED BY DEPARTMENT HEAD:  Loi  RECOMMENDED BY FINANCE OFFICER: lnlipes  APPROVED BY COUNTY MANAGER:  ACTION BY BOARD OF COMMISSIONERS: 5lie/2022 APPROVED AND ENTERED ON MUNIS DATED:  CLERK:    MACON COUNTY BUDGETAMENDMENT AMENDMENTE264 FROM: Lindsay Leopard DEPARTMENT: Sheriff's Office  EXPLANATION: Appropriate donationfunds for the purchase of K-9 tracking collars.  ACCOUNT 113840-417900 114310-556011  DESCRIPTION Fund Balance Appropriated Operating Supplies K-9  INCREASE $4,247.00 $4,247.00  DECREASE  REQUESTEDE BYJ DEPARTMENTI HEAD RECOMMENDEDBYEINANCEOFFICER APPROVEDI BYCOUNT/MANAGER,  an Cap  ACTION BYE BOARDOFCOMMISIONER: 5lo2622 APPROVEDANDI NITADONMNUTESDAIED  CLERK    MACON COUNTY BUDGET AMENDMENT AMENDMENTE 265 FROM: Robert L. Holland DEPARTMENT: SheriffOffice EXPLANATION: Insurance Settlement  ACCOUNT 11-3839-4850-00 11-4310-5565-03  DESCRIPTION Insurance Settlement Vehicle Repairs  INCREASE $8,227.00 $8,227.00  DECREASE  REQUESTED BY DEPARTMENT HEAD RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNTY MANAGER  Mpls  ACTION BY BOARDOF COMMISSIONERS 5110/27 APPROVED AND ENTERED ON MINUTES DATED  CLERK    MACON COUNTYBUDGET AMENDMENT AMENDMENT# DEPARTMENT EXPLANATION ACCOUNT  266 Education  Increase timber sales budget tor match actual receipts  DESCRIPTION  INCREASE 121,864.00 121,864.00  DECREASE  113839 444100]1 TIMBER SALES 118000 571006 TIMBER: SALES/PASS THRUT TOI MCS  REQUESTED BY DEPARTMENT HEAD RECOMMENDEDI BY FINANCE OFFICER APPROVED BY COUNTY MANAGER ACTION BY BOARD OF COMMISSIONERS APPROVED: & ENTERED ONI MINUTES DATED  Auncc 3122  CLERK    MACON COUNTYI BUDGET AMENDMENT AMENDMENT # DEPARTMENT EXPLANATION ACCOUNT  267 Gen Fund & Econ Dev Reserve Fund  Transfer funds receivedf from! loan program back to Econ Dev Reserve Fund. Funds originally appropriated from the Econ Dev Reserve Fund.  DESCRIPTION  INCREASE 229,893.00 229,893.00 229,893.00 229,893.00  DECREASE  119000 980020! TRANSFER' TOECON DEV CAP RESER 113840 417900FUNDI BALANCE APPROPRIATED 203000 980011 TRANSFER FROM GENERAL FUND 204000 991000ECONOMICI DEV CAPITAL RESERVE  REQUESTED BY DEPARTMENT HEAD RECOMMENDED! BY FINANCE OFFICER BY COUNTY MANAGER ACTION BY BOARD OF COMMISSIONERS APPROVED &E ENTERED ONI MINUTES DATED  APPROVED CLERK  AABR 5/0/2r    MACON COUNTYBUDGET AMENDMENT AMENDMENT! # DEPARTMENT EXPLANATION ACCOUNT  268 Jail  Increase canteen rev & exp! budget to cover remainder of FY  DESCRIPTION  INCREASE DECREASE 30,000.00 30,000.00  113344 480000CANTEEN: PROCEEDS 114321 552900/CANTENI EXPENSES  REQUESTED BY DEPARTMENT HEAD APPROVED BY COUNTY MANAGER ACTION BYE BOARD OF COMMISSIONERS APPROVED ENTERED & CLERK  RECOMMENDEDI BYF FINANCE OFFICER Eh  Sign  ON MINUTES DATED    STATE  Macon County Tax Office 5West Main Street Franklin, NC: 28734  Phone: (828)349-2149 draby@maconnc.ore  TO: FROM: DATE: RE:  MACON COUNTY COMMISSIONERS Macon County Tax Collector's Office Delena Raby, Tax Collections Supervisor  May 04, 2022 Releases for April, 2022  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 ifyou should have any questions. The report of  releases in alphabetical order is attached. AMOUNT OF RELEASES FOR APRIL 2022:  $116.22        STAIE,  MACON COUNTY TAX OFFICE 5WESTMAINST FRANKLIN,NC28734 (828)349-2143  MEMORANDUM TO: FROM: cc: Date: Re:  Macon County Board of County Commissioners Abby Braswell, Macon County Tax Administrator JB Derek Roland, Mike Decker May 10,2022 6584705026  Nelson Wayne Bates Refund ofTaxes for Condemnation by DOT, parcel  Ar refund was requested fort the. .16 portion oftaxes that were paid on the 2018 taxes for Nelson Wayne Bates. NCI DOT condemned. .16of.36 acres on August 20, 2018. Per NC $136- 121 Reimbursement ofownery for taxes paid on condemned property this parcel should bei issueda A. at taxi imposed through clerical error. B.. Ani illegal tax C. A tax levied for ani illegal purpose. I do not believe thisi isac clerical errors since North Carolina Courts have ruled that clerical errors only apply to: at transcription error. Ibelieve thisi is an illegal tax since ity was at tax on aj property Based on the date of August 20th, 2018 a proration has been completed for this property fora Please consider my recommendation that the amount of$15.91 tol be refunded based on datet the complaint was filed ofA August 20, 2018i ins accordance with G.S. $136-121.  refund for taxes paid on the. .16 of an acre that was condemned. N.C.G.SS $105-381 (a)(1)a. state a valid defense for refund: shall include:  that was condemned byt the N.C.DOT. refund of$15.91.  Thank you for your consideration. Abby Braswell Macon County Tax Administrator  5West Main StF Franklin, NC 28734 828.349.2144    5/3/22, 8:48AM A/R Master Display Account #: PIN Parcel# #: Parcel Address: BOYDLN Legal: Land Units/Type: 0.000  Macon County- ITS 2018-73170 Bill Type: 2018- Franklin  12463 BATES, NELSON WAYNE BATES, MAXINE M 67BOYDL LANE FRANKLINN NC 28734- 6584705026 GEORGIARDE BOYDF RD DESCRIPTION  BillN Number: Abstract Number: Discovery) Year: Status: Location Codes: Escrow: Building: Obxf: Market Land: Taxable Land: .0545 5.60 .3490 35.88 41.48  Current Balance: Original Levy: Last Transaction Date: Last Payment Date Real Property Value: Personal Value: Exclusions: Deferred Value: 10,280 Total) Valuation: 10,280 0.00 5.60 0.00 0.00 35.88 0.00 0.00 41.48 0.00  0.00 41.48 11/9/2018 11/9/2018 10,280 0 0 0 10,280 0.00 0.00 0.00 0.00 0.00 0.00 Transaction Summaries 0.00 NELSONW & BATES  Twp: 12-F FRANKLIN CITY Fire: F01- - Interest Stop:  RATE LEVIED ADDITIONAL CHARGES DISCOUNT COLLECTED RELEASED UNDER PAYMENT BALANCE  F01 ADVLTAX- FRANKLIN FIRE DISTRICT TAX G01 ADVLTAX-GENERAL COUNTY TAX TOTALS  0.00 0.00 0.00  TRANSACTIONDATE INTEREST DATE USER TYPE SOURCE PAYMENT TYPE ADDITIONS DISCOUNT RELEASED COLLECTED CHANGE PAYMENT OVER BALANCE COMMENTS  e 11/9/20188:00:05/ AM 11/9/2018 ZAD PAYMENT  CHECK1037  41.48  tps/AaxaputTs/CalecipReafsaeDapwyasp.7ud-121183  1/1    MACON COUNTY TAX OFFICE SWESTMAINST FRANKLIN,NC28734 (828)349-2143  STAI!  MEMORANDUM TO: FROM: cc: Date: Re:  Macon County Board of County Commissioners Abby Braswell, Macon County Tax Administrator # Derek Roland, Mike Decker May 10, 2022 6584617820  Tim and Carol Bates Refund of Taxes for Condemnation' by DOT, parcel  Ar refund was requested for the. 06 portion oft taxes that were paid on the 2018 taxes for Tim and Caroll Bates parcel 6584617820 containing 3 acres. NCI DOT condemned .06 of3 acres on August 13,2018. Per NC 136-21.Relmbursenent ofownery for taxes paid ond condemnedy property this parcel should bei issued a refund for taxes paid ont the .06 ofe an acre that was condemned. N.C.0.S9105-381 (a)(1)a. state a valid defense for refund shall include: A. at taxi imposed through clerical error. B. An illegal tax C. A tax levied fora an illegal purpose. I do not believe this isa clerical errors since North Carolina Courts have ruled that clerical errors only apply toa a transcription error. Ibelieve thisi is an illegal tax sincei ity was at tax on a property Based on the date of August 134,2018ap proration has been completed for this property fora Please consider my recommendation that the amount of$16.02 be refunded based on date the complaint was filed of August 13,2018i in accordance with G.S. $136-121.  that was condemned by thel N.C.I DOT refund of$16.02.  Thank you for your consideration. Abby Braswell Macon County Tax Administrator  5West Main StFranklin, NC28734 828.349.2144    5/3/22,9:33AM A/R Master Display Account #: PIN: Parcel #: Parcel Address: 29-41 BATES) XING Legal: Land Units/Type: 0.000 AOF FFEEFEE ADVERTISEMENT FEE AOF FFEEINT- ADVERTISEMENTI INTEREST F01 ADVLINT FRANKLIN FIRED DISTRICT INTEREST F01 ADVLTAX- FRANKLIN FIRE DISTRICT TAX G01 ADVLINT- GENERAL COUNTYI INTEREST G01 ADVLTAX- GENERAL COUNTY TAX L02 FFEEFEE. LANDFILL FEE COMMERCIAL LO2 FFEEINT LANDFILL FEEC COMMERCIAL INTEREST  Macon County- ITS 2018-73028 Bill Type: 2018- Twp: 12-FRANKLIN CITYF Fire:F01- Franklin  25025 BATES, TIM. BATES, CAROL 25 SUMMER HILL DR: FRANKLINI NC2 28734- 6584617820 BATES XING DESCRIPTION  Bill Number: Abstract Number: Discovery) Year: Status: Location Codes:: Escrow: Building: Obxf: Marketl Land: Taxable Land:  Current Balance: Original Last Levy: Transaction Date: Last Payment Date Interest Stop: Real Property Value: Personal Value:: 425,070 Exclusions: 0 Deferred Value: 131,250 Total Valuation: 131,250 5.00 0.00 1.01 0.00  0.00 2,339.75 6/7/2021 6/7/2021 556,320 0 0 0 556,320 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Transactions Summaries PAYMENT 0.00 0 2,426.64 2901.45 0.00 RUSSELLR 0.00 BOWLING &  RATE LEVIED ADDITIONAL CHARGES DISCOUNT COLLECTED RELEASED UNDER PAYMENT BALANCE  .0000 0.00 0.00 0.00 .0545 303.19 0.00 .3490 1,941.56 95.0000 95.00 0.00 2,339.75  5.00 0.00 1.01 0.00 72.01 0.00 72.01 0.00 0.00 0.00 303.19 0.00 461.12 0.00 461.12 0.00 0.00 0.00 1,941.56 0.00 0.00 0.00 95.00 0.00 22.56 0.00 22.56 0.00 561.70 0.00 2,901.45 0.00  TOTALS  TRANSACTION! DATE INTEREST DATE USERI TYPE SOURCE PAYMENT TYPE ADDITIONS DISCOUNT RELEASED COLLECTED CHANGE OVER BALANCE COMMENTS  e 3/22/20198:02:09,AM  GP DISCOVERY  5.00 556.70  e 6/7/2021 2:49:48PM 6/7/2021 LAS PAYMENT COUNTER CHECK  045747  ntps-/taxapp/Colections/RealEslateDisplayaspx?trid-6858  1/1    STATE OF NORTH CAROLINA COUNTYOFMACON  GENERAL COURT OF, JUSTICE SUPERIOR COURTDIVISION CIVIL ACTION 18-C-519 COMPLAINT  DEPARTMENT OFTRANSPORTATION,  FILED 2018 AUG 13 AI04b CXpAn Dc  Plaintiff,  V.  TIMOTHY C.1 BATES and wife, CAROLI D, BATES;CON CA,C.S.C  SOUTHSTATE BANK; TOWN OF FRANKLIN;, COUNTY OF MACON; and CARLA L. HAIRE,  Defendants.  Now comes the Department of Transportation, plaintiff herein, and fori its cause of action says and alleges: That the Department ofTransportation is an agency of the State of North Carolina with its principal office in Raleigh, North Carolina; and that it possesses the powers, duties and authority, including the power of eminent domain, vested in it by That pursuant to the authority vested in the plaintiff under the provisions of Chapter 136 oft the General Statutes, and pursuant to a resolution of the Board ofTransportation duly passed, it is necessary to condemn and appropriate certain property described in Exhibit "B", attached hereto, and made a part hereof, for public use in the construction oft that certain That the plaintiff and the defendants have been unable to agree as to the purchase price of the property herein That the property which is the subject oft this action, thei interest or estate acquired, and thes area appropriated are all That the plaintiffis is informed and believes, and alleges upon information and belief, that those persons whose names and addresses are set forth in Exhibit "A",attached hereto and made a part hereof, are, insofar as thes same can, by reasonable diligence, be ascertained, the only persons who may have or who claim to have an interest or estate in thep property described in said Exhibit "B", and that said named persons are under no legal disability except as may be stated in said  1. 2.  the General Assemblyo of North Carolina.  highway project described in Exhibit "C" attached hereto and made a part hereof.  3. 4. 5.  appropriated.  described in said Exhibit' "B".  Exhibit "A".  6. 7.  That the plaintiffi is informed and believes, and alleges upon information and belief that said property is subject only  tosuch liens and encumbrances as are set forth in Exhibit"A'attached hereto.  That the plaintiff be granted a trial by jury on the issue ofj just compensation.  WHEREFORE, plaintiff prays that just compensation for the appropriation herein set forth be determined according to the provisions and procedures contained in Article! 9 of Chapter 136 of the General Statutes and for such other reliefasto  the Court mays seem just and proper.  JOSHS STEIN Attorney General Special  Project No. 17.BP.14.R.154 Parcel No. 004 L.D.No. 056SR1152  kbenk Deputy AttorneyGéneral Assistant Attorney General North Carolina Department ofJustice 1505 Mail Service Center Raleigh, North Carolina 27699-1505 Telephone No. (919)707-4480  Cin Bkelt  A.G. FILEI NO. TR-18-00605    STATE OF NORTH CAROLINA COUNTY OF MACON  GENERAL COURT OF, JUSTICE SUPERIOR COURTI DIVISION CIVIL ACTION (8-Cvs- 519  DEPARTMENT OF TRANSPORTATION,  FLLED 2DIG AUG 13 AI04b MACON CO.,6.S.C BY.  Plaintiff,  V.  DECLARATION OFTAKING AND NOTICEOFDEPOSIT  TIMOTHY C. BATES, ET UX, ET AL,  Defendants.  AIC 1. 2.  The plaintiff, Department ofTransportation, declares as follows:  That the Department of" Transportation is an agency of the State ofl North Carolina with its principal officei in Raleigh, North Carolina; and that it possesses the powers, duties and authority, including the power of eminent domain, vested in itl by That pursuant to thes authority vested in the plaintiff under the provisions of Chapter 136 of the General Statutes, and pursuant to a resolution of thel Board ofTransportation duly passed, iti is neçessary to condemn anda appropriate certain property described in Exhibit "B", attached hereto and made a part hereof, for public use in the construction of that certain That the plaintiffand the defendants have been unable to agree as to they purchase price of the property herein That the property which is the subject of this action, the interest or estate acquired, and the area appropriated are all That the plaintiffis informed and believes, and alleges upon information and belief, that those persons whose names and addresses are: set forth in Exhibit' "A",a attached hereto and made a part hereof, are, insofar as the same can, by reasonable diligence, be ascertained, the only persons who may have or who ciaim to have ani interest ore estate in the property described in said Exhibit "B",and that said named persons are under no legal disability except as may be stated ins said That by voucher number 3955916, the plaintiff has this date deposited the sum ofs $22,550.00 with the! Superior Court ofthe county in which the action is pending as provided by G.S. S 136-103(d), and the defendants herein may apply to the Court for disbursement ofsaid money as full compensation, or as credit against just compensation, to be determined in this That the said interest and area as described in said Exhibit "B" are hereby appropriated. and the said interest and area, together with the right to immediate possession thereof, are hereby vested in the plaintiff, DprimatdfTamprata.  the General Assembly ofl North Carolina.  highway project described in Exhibit "C",attached hereto and made a part hereof.  3. 4. 5.  appropriated.  described in said Exhibit "B".  Exhibit "A".  6.  action.  7.  JOSH STEIN  Project No. 17.BP.14.R.154 Parcel No. 004 I.D.No. 056SR1152  Special Deputy Attornefleneral E6 Clas BRakblei Assistant Attorney General North Carolina Department ofJustice 1505 Mail Service Center Raleigh, North Carolina 27699-1505 Telephone No. (919),707-4480  A.G. FILENO. TR-18-00605    EXHIBIT "A"  Pagelof2  NAMES Timothy C. Bates and wife, Carol D. Bates  ADDRESSES 25 Summer Hill Drive Franklin, NC 28734  South State Bank  (by serving its Registered Agent, Corporation Service Company)  2626 Glenwood Avenue, Suite 550 Raleigh, NC 27608  Town ofFranklin  (by serving its Town Manager, Summer Woodard)  Post Office Box 1479 Franklin, NC 28744-1479  County ofMacon  (by serving its County Manager, Derek Roland) Carla L. Haire, CPAPA  5 West Main Street Franklin, NC 28734 376 West Main Street Franklin, NC 28734 Raleigh, NC Franklin, NC Franklin, NC  (by serving Carla L. Haire)  Department of Transportation Town ofFranklin County ofl Macon  DISABILITIES OF DEFENDANTS: NONE LIENS AND ENCUMBRANCES:  All past and current Ad' Valorem taxes owing and due the Town of] Franklin and the County ofMacon,  including but not limited to, taxes past due for the following years and amounts:  (1) 2015 in the amount of $2,228.44, plus interest; (2) 2016 in the amount of $2,289.12, plus interest; and (3) 2017: in the amount of $2,344.75, plus interest.  Project No.17,BP.14.R.154 Parcel No.: 004 I.D.No.: 056SR1152  AG.FILENO.TR-1S.0.N5    EXHIBIT "A"  Page e2of2  Existing right of way for highway purposes : Department of Transportation. recorded May 1, 2009 in Book A-33, Page 212, Macon County Registry.  Deed ofTrust dated April 30, 2009 tol Kenneth W. Fromknecht, II, Trustee for Community Bank and Trust, and Transfer and Assignment ofNote and Deed ofTrust to Secure Debt dated November 26, 2012 executed by the Federal Deposit Insurance Corporation, in its capacity as Receiver for Community Bank & Trust (Assignor) to SCBT d/bla CBI, a Division ofSCBI,a. SCBT, N.A. d/bla CBT, a Division ofSCBT, N.A. (Assignee), and recordedl November 26, 2012 in Book H-35, Page 1594, Macon County Registry, regarding the deed of trust The plaintiffisi informed and believes, and sO alleges upon information and belief, that SCBT d/bla CBI, a Division ofSCBT,ka: SCBT, N.A. d/bla CBT, a Division ofSCBT, N.A. ist now known as South State Bank according to an Amended Certificate of Authority filed June 17,2014 int the N.C. Secretary of State's office by NCBT,aDivision of SCBT. Reference is made to SOSID: 1287609 ort to C2014 161 00723.  found in book A-33 page 212.  Bankruptcy Case No. 14-20099, Chapter 13 Case:  Order on Motion for Relief from Automatic Stay to commence Condemnation Action in case captioned "In Re: Timothy Clyde Bates and Carol Myers Bates, Debtors" filed June 22, 2018 in the U.S. Bankruptcy Court for the Western District ofNorth Carolina, Asheville Division. The North Carolina Department ofTransportation! is allowed to commence and proceed with condemnation oft the subject property and any proceeds allocated to the debtors, Timothy Clyde Bates and Carol Myers Bates, are ordered to be paid to the Trustee in Bankruptcy, for the benefit ofthe bankruptcy estate order of said  court.  Default Judgment [File No. 17-CVD-225] filed July 3, 2017 in case captioned "Carla L. Haire, CPA, PA, Plaintiff, V. Timothy Bates, Carol Bates, and Bates Septic Tank & Concrete Products, Inc., Defendants,"in favor of Carla L. Haire, CPA, PA, in the principal amount ofs8,5000prsiudgmemt interest ini the amount of $1,197.00 which is calculated at 8% from the date of default October 15, 2015 with the principal amount bearing interest until the judgment is satisfied, and costs of $285.00, docketed in the Macon County Clerk of  Superior Court office.  Project No.: 17.BP.14.R.154 Parcel No.: 004 I.D.No.: 056SR1152  A.G. FILE NO. TR-18-00605    EXHIBIT "B"  DESCRIPTIONOFS SUBJECTI PROPERTY: particularly described as follows:  Those certain lands lying and being in the Franklin Township, Macon County, North Carolina, and being more Being that land described in a Warranty Deed dated October 24, 2003 to Timothy C. Bates and wife, Carol D. Bates, and recorded October 24, 2003 in Book M-27, Page 1632, Macon County Registry. The property Also, being that land identified as' Tax PINN No. 6584617820 as is shown in the Macon County Tax Office. Fee simple title to right of Way, and a slope easement for providing lateral support tot the highway, or land adjacent thereto, which easement will terminate at such time as the owners lower or raise the elevation oft the land adjacent to said highway to the extent that such lateral support is no Ionger needed and, in addition, a temporary construction easement to continue until the completion of the project, at which time said  description contained in said deed is hereby incorporated by reference.  INTEREST OR ESTATETAKEN:  construction  temporary  easement will terminate.  Aj permanent utility easement for all purposes for which the plaintiffi is authorized by law to subject the same. Said utility easement in perpetuity is for the installation and maintenance ofutilities, and for all purposes for which the Department of1 Transportation is authorized by law to subject same. The Department of Transportation and its agents or assigns shall have the right to construct and maintain in a proper manner in, upon and through said premises a utility line or lines with all necessary pipes, poles and appurtenances, together with the right at all times to enter said premises for the purpose ofi inspecting said utility lines and making all necessary repairs and alterations thereon; together with the right to cut away and keep clear ofsaid utility lines, all trees and other obstructions that may in any way endanger ori interfere with thej proper maintenance and operation of the same with the right at all times ofi ingress, egress and regress. The Department of Transportation shall have the right to construct and maintain the cut and/or fill slopes in the above-described permanent utility easement area(s). The Permanent Utility Easement shall be used by the Department of  Transportation for additional working area during the above described project.  AREA TAKEN:  That area sufficient to acquire for Department ofTransportation Project 056SR1152 the right of way shown over and upon Parcel 004 on Plan Sheet 4 oft the above-mentioned project, plus such additional areas as indicated as temporary construction easement, as slope easement, and as permanent utility easement on said plan sheet. The aforesaid plan sheet is attached hereto for the purpose ofi identification of the areas taken and for no other purpose, Said areas taken will bei more specifically described on the plat provided fori in G.S.136-  106.  Project No:17BP.14.R.154 Parcel No.: 004 I.D. No.: 056SR1152  A.G. FILENO.TR-18-0605     0e  &  le goo  KE A -08 83  40080 M321) aJ475  10d ONIS DE'99t 2+1  o  "aR 5S  o9ras    mpi:    EXHIBIT "C"  DESCRIPTION OFPROIECTIBPMRIS MACON COUNTY: BRIDGE NO.314 OVER  CARTOOGECHAYE CREEK ONS SR 1152 (BELDEN CIRCLE).  Project No.: 17.BP.14.R.154 Parcel No.: 004 I.D.No.: 056SR1152  A.G. FILENO. TR-18-00605    MACON COUNTY TAX OFFICE SWESTMAINST FRANKLIN,NC28734 (828)349-2143  STAIE,  MEMORANDUM TO: FROM: cc: Date: Re:  Macon County Board of County Commissioners Abby Braswell, Macon County Tax. Administrator AB Derek Roland, Mike Decker May 10, 2022 6583892523  Violet Klatt Trust Refund of Taxes for Condemnation by DOT, parcel  Ar refund was requested fort the 1.18 portion oft taxes that were paid on the 2018 taxes for Violet Klatt Trust. NCI DOT condemned 1.180 of34.00 acres on September 12, 2018. PerNC $136-121 Reimbursement ofowner for taxes paid on condemned, properly this parcel should bei issueda refund for taxes paid on the 1.18 of an acre that was condemned. N.C.G.S $105-381 (a)(1)a. state a valid defense for refund shall include: A. a tax imposed through clerical error. B. Ani illegal tax C. A tax levied fora ani illegal purpose. I do not believe thisi is a clerical error sincel North Carolina Courts have ruled that clerical errors only apply to a transcription error. Ibelieve thisi is an illegal tax sincei ity was at tax on aj property Based on the date of September 12th, 2018 aj proration has been completed for this property fora Please consider my recommendation that the amount of$571.36t to be refunded based on date the complaint was filed of September 12, 2018 in accordance with G.S. $136-121.  that was condemned by the N.C. DOT refund of$571.36.  Thank you for your consideration. Abby Braswell Macon County Tax Administrator  5West Main StF Franklin, NC 28734 828.349.2144    5/322,9:54AM A/R Master Display Account #: PIN Parcel# #: Parcel Address: 1556 GEORGIA RD Legal: Land Units/Type: 0.000  Macon County- ITS 2018-72292 Bill Type: Franklin  49429 KLATT,VIOLETTR PODRAWER1 BOYNTON BEACHFL 1240 33425- 6583892523  Bill Number: Abstract Number: 2018- Discovery Year: Status: Location. Codes: Escrow: Obxf: Market Land: Taxablel Land: .0545 850.23 .3490 5,444.61 6,294.84  Current Balance: OriginalL Levy: Last Transaction Date: Last Payment Date Real Property) Value: Personal Value: Exclusions: Deferred Value: 1,560,060 Total Valuation: 1,560,060 0.00 850.23 0.00 0.00 5,444.61 0.00 0.00 6,294.84 0.00  0.00 6,294.84 12/3/2018 12/3/2018 1,560,060 0 1,560,060 0.00 0.00 0.00 0.00 0.00 0.00 Transaction: Summaries 0.00 KLATT, VIOLET 6 TR  Twp: 01- FRANKLIN Fire: F01- Interest Stop:  GEORGIA RD8 a WIDE HORIZON DR: Building:  DESCRIPTION  RATE LEVIED ADDITIONAL CHARGES DISCOUNT COLLECTED RELEASED UNDER PAYMENT BALANCE  F01 ADVLTAX- FRANKLINF FIRE DISTRICT TAX GO1 ADVLTAX GENERAL COUNTY TAX: TOTALS  0.00 0.00 0.00  TRANSACTIONDATE INTEREST DATE USER TYPE SOURCE PAYMENT TYPE ADDITIONS DISCOUNT RELEASED COLLECTED CHANGE OVERI BALANCE COMMENTS  PAYMENT  @ 12/3/20188:00:28 AM 12/3/2018 TLM PAYMENT  CASH  6294.84  tps/lexappils/Cale.lonReafalaeDep.wyasp.7lnd-100431  1/1    STATE OF NORTH CAROLINA COUNTY OF MACON  GANERAL COURT OF. JUSTICE SUPERIOR COURTI DIVISION CIVIL ACTION 18-Cvs- 603 COMPLAINT  DEPARIMENTOFTRANSPORTATION,  FILED 2018 SEP 12 P  Plaintiff,  V.  ELSIE A. WINCHESTER and BILLR. WINCHESTER, as Successor SpecialTrustees of the Violet KIRMREvgbIeBust  127 CU.C.S.C BY, TECLEENS L. 1. 2.  Agreement dated May 18, 1990,  Defendants.  Now comes thel Department of Transportation, plaintiffherein, and' fori its cause of action says and alleges: That the Department ofTransportation is an agency of the State of North Carolina with its principal office in Raleigh, North Carolina; and thati it possesses the powers, duties and authority, including the powero of eminent domain, vested in That pursuant to the authority vested in the plaintiffunder the provisions of Chapter 136 of the General Statutes, and pursuant to a resolution of the Board ofTransportation duly passed, iti is necessary to condemn and appropriate certain property described in Exhibit' "B",attached hereto, and made a part hereof, for public use in the construction of that certain That the plaintiffand the defendants have been-unable to agree as to the purchase price ofthep property herein That the property which ist thes subject of this action, thei interest or estate acquired, and the: area  the  itby  General Assembly of North Carolina.  highway project described in Exhibit "C" attached hereto and made a part hereof.  3. 4. 5.  appropriated. described  are: all  appropriated  in said Exhibit' "B".  That the plaintiffi is informed and believes, and alleges upon information and belief, that those persons whose names and addresses are set forth in Exhibit "A", attached hereto and made: a part hereof, are, insofar as thes same can, by reasonable diligence, be ascertained, the only persons who may have or who claim to have ani interest or estate in the described in said Exhibit' "B", and that said named persons are under no legal disability except as may be stated in said property  Exhibit "A".  6. 7.  That the plaintiff isi informed and believes, and alleges upon information and belief that said property issubject only  to such liens and encumbrances as ares set forthi in Exhibit' "A",attached hereto. That the plaintiffbe granted a trial byj jury on thei issue ofj just compensation.  WHEREFORE, plaintiff prays that just compensation for the appropriation hercin set forth be determined: according to the provisions and procedures contained in Article 9 of Chapter 136 of the General Statutes and for such other relief as to  the Court mays seem just and proper.  JOSHSTEIN Attorney General, Ebrefigl Special Deputy Attornéy General Assistant Attorney General North Carolina Department ofJ Justice 1505 Mail Service Center Raleigh, North Carolina 27699-1505 Telephone No. (919) 707-4480  Project No. 50192.2.1 Parcel No. 004 I.D. No. R-5734A  7E  A.G. FILENO.TR-18-00654    STATE OF NORTH CAROLINA COUNTY OF MACON  GENERALCOURT OF. JUSTICE SUPERIOR COURT DIVISION CIVIL ACTION 18-Cvs-(03 DECLARATION OFTAKING AND NOTICE OF DEPOSIT  DEPARIMENTOFTRANSPORTATION,  FILED 2018 SEP 12 P  Plaintiff,  V.  27 COC.s.C k  ELSIE A. WINCHESTER and BILL R. WINCHESTHACON  as Successor Agreement dated May 18, 1990,  Trustees Special" Defendants.  of the Violet Klatt Revocaple Trust  E 1. 2.  The plaintiff, prmmtdfTamperatm, declares as follows:  That the Department ofTransportation is an agency of the State of North Carolina with its  North Carolina; and that it possesses the powers, duties and: authority, including the power of eminent principal domain, officei vested in Raleigh,  the General Assembly ofNorth Carolina.  in it by certain Statutes, and  That pursuant to the authority vested in the plaintiff under the provisions of Chapter 1360 oft the General property described in Exhibit "B", attached hereto and made aj part hereof, for public use in the construction appropriate of that certain  pursuant to a resolution of thel Board ofTransportation duly passed, it is necessary to condemn and highway project described in Exhibit "C", attached hereto and made aj part hereof.  3. 4. 5.  That the plaintiff and the defendants have been unable to agree as to the purchase price of the property herein That the property which is the subject of this action, thei interest or estate: acquired, and the That the plaintiffis informed and believes, and alleges upon information and  appropriated.  described in said Exhibit' "B".  area appropriated are all  that those  and addresses are sêt forth in Exhibit "A", attached hereto and made: a part hereof, belief, insofar as thes persons whose names reasonable diligence, be ascertained, the only persons who may haye or who claim tol are, have ani interest same can, by described in said Exhibit "B", and that said named persons are under no legal disability except as may or be estate stated in in the said property of the county in which the: action is pending as provided by G.S. $ 136-103(d), and the defendants herein with the Superior Court Court for disbursement ofsaid money as full compensation, or as credit against, just compensation, to be may determined apply to the  Exhibit"A".  6.  That by voucher number 3957278, the plaintiff has this date deposited thes sum of$417,700.00  action.  in this  7.  That the said interest and area as described in said) Exhibit "B" are hereby appropriated: and the: said interest and area, together with the right to immediate possession thereof, are hereby vested in thep plaintiff, Department ofTransportation.  JOSH STEIN Attorney Generai bukelbpl Special Deptity Ois Assistant Attorney General North Carolina Department ofJustice 1505) Mail Service Center Ralcigh, North Carolina 27699-1505 Telephone No. (919) 707-4480  Project No. 50192.2.1 Parcel No. 004 I.D. No. R-5734A  General  Ago/ney B.  Tkeklerh  A.G. FILENO. TR-18-00654    EXHIBIT "A"  NAMES Elsie A. Winchester,  ADDRESSES  as Successor Special Trustee oft the Violet Klatt Revocable Trust Agreement dated May 18, 1990  5765 Bryson City Road Franklin, NC 28734  Bill R. Winchester,  as Successor Special Trustee oft the Violet Klatt Revocable Trust Agreement dated May 18, 1990 Department of Transportation Town ofFranklin County of] Macon  5765 Bryson City Road Franklin, NC 28734 Raleigh, NC Franklin, NC Franklin, NC  DISABILITIES OF DEFENDANTS: NONE LIENS AND ENCUMBRANCES:  All past and current Ad Valorem taxes owing and due the Town. of] Franklin and the County ofMacon.  Existing right ofv way for highway purposes - Department ofTransportation.  Memorandum ofTrust Agreement dated April 8, 1999 made by Violet Klatt a/kla Violet. M. Klatt, as Sole Special Trustee ofthe Violet Klatt Revocable Trust Agreement dated. May 18, 1990, and recorded. June 21, 1999 at 10:04 a.m. in Book. J-23, Page 17, Macon County Registry. The plaintiffi is informed and believes, and sO alleges upon information and belief, that the said Violet Klatt (a/k/a Violet M. Klatt), during her lifetime, served as the Sole Special Trustee of the Violet Klatt Revocable Trust Agreement dated May 18, 1990, and in the event ofher death, her daughter, Elsie A. Winchester and her son-in-law (or the husband of! her daughter), Bill R. Winchester, were named/appointed. as successor Special Trustees of the Violet Klatt Revocable Trust The plaintiffi is informed and believes, and sO alleges upon information and belief, that Violet Martha Klatt (a/k/a Violet Klatt and Violet M. Klatt) died on June 10, 1999 in Boynton Beach, Palm Beach County, Florida.  Agreement dated May 18, 1990.  Project No.:50192.2.1 Parcel No.: 004 I.D. No.: R-5734A  A.G. FILE NO. TR-18-00654    EXHIBIT "B"  DESCRIPTION OF SUBJECT PROPERTY: particularly described as follows:  Those certain lands lying and being in the Franklin Township, Macon County, North Carolina, and being more Being that land described in a Warranty Deed executed April 8, 1999 to Violet Klatt, as. sole Special Trustee of the Violet Klatt Revocable Trust Agreement dated. May 18, 1990, and recorded. June 21, 1999 at 10:05 a.m. in Book. J-23, Page 21, Macon County Registry. The property descriptions contained in said deed are hereby Also, being that land identified as Tax Parcel No. 6583-89-2523 asi is shown in the Macon County Tax Office.  incorporated by reference.  INTEREST OR ESTATE TAKEN:  Fee simple title to right of way for all purposes for which the plaintiffi is authorized by law to subject the same. Aj permanent utility easement for all purposes for which the plaintiffis authorized by law to subject the same. Said utility easement inj perpetuity is for thei installation and maintenance ofutilities, and for all purposes for which the Department of Transportation is authorized by law to subject same. The Department of Transportation and its agents or assigns shall have the right to construct and maintain in a proper manner in, upon and through said premises a utility line or lines with all necessary pipes, poles and appurtenances, together with the right at all times to enter said premises for the purpose ofinspecting said utility lines and making all necessary: repairs and alterations thereon; together with the right to cut away and! keep clear ofs said utility lines, all trees and other obstructions that may in any way endanger or interfere with the proper maintenance and operation of the same with the right at all times ofi ingress, egress and regress. The Department of Transportation shall have the right to construct and maintain the cut and/or fill slopes in the above-described permanent utility easement area(s). The Permanent Utility Easement shail be used by the Department of Access is controlled byt the Department ofTransportation asi is indicated by control-of-access (C/A) lines on the plan sheets attached hereto and there will be no access to, from, or across the areas within the control-of-access (C/A) lines to the main traffic lanes, ramps, or approaches over or from the property abutting said highway right  Transportation for additional working area during the above described project.  ofway.  AREA TAKEN:  That areas sufficient to acquire for Department of Transportation Project 50192.2.1 the right of way shown over and upon Parcel 004 on Plan Sheets 4 and 5 oft the above-mentioned project, plus such additional area as indicated as permanent utility easement on said plan sheets. The aforesaid plan sheets are attached hereto for the purpose ofidentification of the areas taken and for no other purpose. Said areas taken will be more  specifically described on the plat provided fori in G.S. 136-106.  Project No.:50192.2.1 Parcel No.: 004 I.D.No.: R-5734A  A.G. FILE NO. TR-18-00654    59908 91 B3  SHEET 5 SEE  23+00.00  STA  MATCHLINE  sngvss VK 02v2 3456-1.80 0131313435 53N7F  015I X003 9109 n3 3Sin01  108 VI98OI9) LVVEZ sn 0000HELVIST dil NI938 / NOMDNUISNOD NI938 C  Oue  SH3NAO AIIn    EXHIBIT "C"  DESCRIPTION OF PROJECT5 SAVALMACONCOUNTY:  ROADWAY/INTERSECTION IMPROVEMENTS FOR US 441 SOUTH (GEORGIA ROAD) FROM SR 1652 (WIDE HORIZON DRIVE)/SR 1151 (BELDEN CIRCLE)TOUS64.  ProjectNo:50192.2.1 Parcel No.: 004 I.D.N No.: R-5734A  A.G. FILE NO. TR-18-00654    STATE OFNORTH CAROLINA COUNTY OF MACON DEPARTMENT OF TRANSPORTATION,  GENERA "OURT OF. JUSTICE SUPERILA COURTDIVISION CIVILACTION 18-Cvs-603 APPLICATION! FOR DISBURSEMENT OFI DEPOSIT  Plaintiff,  V.  ELSIE. A. WINCHESTER: and BILLI R. WINCHESTER, as Successor Special Trustees of the Violet Klatt Revocable Trust  Agreement dated May 18; 1990,  Defendants.  Now come thet undersigned defendant and respectfully show unto the Court: estimated by the plaintiffto bej just compensation for the taking.  1. 2. 3,  Pursuant to the provisions of Article 90 of Chapter 1360 oft the General Statutes ofI North Carolina the plaintiff hasi instituted the  aboye-captioned condemnation action by the filing ofa Complaint: and Deciaration ofTaking accompanied The undersigned are all ofthe defendants named ins said Complaint and Declaration ofTaking; are all oft the  deposit of the sum are all persons of the owning the property persons having any  $_  bythe  of  taken or any compensable interest therein at the time ofthe filing ofs said Complaint and Declaration interest in the deposit; and are all 18y years of age or older and under nol legal disability.  ofTaking;  Therei is no dispute as to thet title to the property described in the Complaint: and) Declaration ofTaking nor to thej entitled to disbursement of the deposit and the undersigned defendants agrees and consents that the deposit in the amount of person A. First tot the payment ofs ad valorem taxes and local improvement assessments through the year in which this action was filed and for any previous years which remain unpaid as of the date of the disbursement of the deposit, said taxes and assessments and thats such disbursement be as (strike inapplicable phrase) (1)full compensation with prejudice to further proceedings in the cause  $  be disbursed as follows*  being more particularly set forth as follows:  B. The remaining balance ofsaid deposit to be disbursed in the following manner: tod determine just compensation or (2)a credit against just compensation without prejudice to further asagreed upon and consented toi in) Paragraph3 3 herein and for Such further orders as shall be justa and equitable.  in the cause to  determine  proceedings  just compensation.  Wherefore, the undersigned defendants respectfully apply tot the Court under the provisions ofG.S. 136-105 for disbursement oft the  deposit  This the  day of_  20_  *Special care should be taken to insure payment ofany ad valorem taxes or local improvement assessments alleged to be owing.  NORTH CAROLINA MACON COUNTY  being first duly sworn, deposes and says that he/she is one oft the defendants named  has read the foregoing Application for Disbursement of Deposit and knows the contents thereof; that the samei ist true ofH his/her own knowledge, herein,  except as to thoser matters therein: stated on information and belief and as tot those matters he/she! believes to be true.  Sworn to and subscribed before me, dayo of NOTARY PUBLIC My Commission Expires: Project No.: 50192.2.1 Parcel No.: 004 I.D. No.:  this the.  20_  R-5734A  A.G. FILE NO. TR-18-00654    STATE OF NORTH CAROLINA COUNTY OF MACON  GEN 'AL COURT OF. JUSTICE SUL, RIOR COURTI DIVISION CIVIL ACTION 18-C-603 ORDER DISBURSING DEPOSIT  DEPARTMENT OF TRANSPORTATION,  Plaintiff,  V.  ELSIE A. WINCHESTER and BILL] R. WINCHESTER, as Successor Special Trustees oft the Violet Klatt Revocable Trust  Agreement dated May 18, 1990,  Defendants.  THIS CAUSE coming on to be heard and being heard before the undersigned. Judge of Superior Court: at fhe foregoing and attached verified Application for Disbursement of Deposit; the Court being fully advised in the matter andi pursuant it  to  appearing to the Court that the things and matters recited therein are true, itis ORDERED:  1. That the sum ofs  deposited by the plaintiffin this action asi its estimate ofj just  compensation be disbursed by the Clerk as follows:*  A. First to the payment ofad valorem taxes and local improvement assessments through the year in which this action was filed and for any previous years which remain unpaid as ofthe date of the disbursement of the deposit,  said taxesand assessments being more particularly set forth as follows:  B. The remaining balance of said deposit to be disbursed in the following manner:  and that such disbursement be as (strike inapplicable phrase) (I) full compensation with prejudice to further proceedings in the cause to determine, just compensation or (2)a a credit against just compensation without prejudice to  further proceedings in the cause to determine just compensation.  2. That the Clerkserve: a copy oft this Order disbursing the deposit upon thel Department ofTransportation as provided N.C. Gen. Stat. S 136-105 by regular mail, addressed to the Attorney General, Counsel for thel North Carolina Department of by Transportation, Transportation Section, N.C. Department ofTransportation, Attorney General's Office, 1505 Mail Service Center,  Raleigh, North Carolina 27699-1505. This the. dayof_  20  JUDGE OF SUPERIOR COURT (See G.S. 136-115(1))  *Special care should be taken toi insure payment ofany ad valorem taxes or local improvement assessments alleged to be owing.  Project No.: 50192.2.1 Parcel. No.: 004 LD. No.:  R-5734A  A.G. FILE NO.1 TR-18-00654    STATEOF NORTH CAROLINA COUNTY OF MACON  GENERAL COURTO OF. JUSTICE SUPERIOR COURT! DIVISION CIVIL. ACTION FILE NO. 18CVSl03  DEPARTMENT OFTRANSPORTATION,  Plaintiff,  V.  ELSIE A. WINCHESTER andl BILLR. WINCHESTER, as Successor Special Trustees of the Violet Klatt Revocable Trust Agreement dated May 18, 1990,  CIVILSUMMONS N.C. Gem.SatglA-l,Ruls: 3,4 and SG.S. 136-107 Alias or Pluries Summons* Date last summons issued: *applicable onlyi ifc checked 5765 Bryson City Road Franklin, NC 28734  Defendants.  To: ELSIE. A. WINCHESTER, as Successor Special Trustee oft the Violet Klatt Revocable Trust Agreement dated May 18, 1990  A CIVIL. ACTION, HAS BEEN COMMENCED AGAINST YOU  You are notified to appear and answer the complaint as follows: (1) file the original of your written answer with the Clerk of Superior Court of the county named above within twelve (12) months from the date ofservice hereof and (2) servea copy of your written answer upon the Department of Transportation in Raleigh, N.C. or its attorneys at the address listed below. Ifyou fail to: answer the complaint the plaintiff will apply to the Court for ther relief demanded in the complaint.  Josh Stein, Attorney General E.Burke Haywood, Special Deputy Attorney General North Carolina Department of. Justice 1505 MailService Center Raleigh, North Carolina 27699-1505 Telephonei No. (919)7 707-4480 ENDORSEMENT  Date Issued: 9-12-18 Time Issued:_ L27pm Signature:_ Alithsd  ATTORNEYS FOR PLAINTIFF DEPARTMENT OFT TRANSPORTATION  CHAm.CwrQpydm,  THIS: SUMMONS WAS ORIGINALLY ISSUED ON THE DATE INDICATED ABOVE. ANDI RETURNEDI NOT SERVED. AT THE REQUEST OF THE) PLAINTIFE, THE TIME WITHIN WHICH THIS SUMMONS! MUSTI BE  SERVED IS EXTENDED SIXTY (60) DAYS. DATE OFENDORSEMENT, SIGNATURE:  TIME:  a.m./p.m.  CLERK/ASST.CLERK/DEPUTY CLERK  Project No. 50192.2.1 Parcel No. 004 I.D.No. A.G. .FILENO. TR-18-00654  R-5734A    STATE OFI NORTH CAROLINA COUNTY OF MACON  GENERAN COURT OFJUSTICE SUPERIOR COURTDIVISION CIVIL. ACTION FILENO. 18CV/Sl03  DEPARTMENT OF TRANSPORTATION,  Plaintiff,  ELSIE A. WINCHESTER and BILLI R. WINCHESTER, as Successor SpecialTrustees oft the Violet Klatt Revocable Trust Agreement dated May 18, 1990,  CIVILSUMMONS N.C. Gen.Stat.S1A-1, Rules3,4 and SG.S. 136-107 Alias or Pluries Summons* Date last summons issued:_ *applicable only if checked 5765 Bryson City Road Franklin, NC 28734  Defendants.  To: BILLI R. WINCHESTER,  as Successor Special Trustee oft the Violet Klatt Revocable Trust Agreement dated May 18, 1990  ACIVILACTION: HAS BEEN COMMENCED AGAINST YOU  You are notified to appear and answer the complaint as follows: (I) file the original ofs your written answer with the Clerk of Superior Court of the county named above within twelve (12) months from the date of service hereof and (2) serve a copy of your written answer upon the Department of Transportation in Raleigh, N.C. or its attorneys at the address listed below. Ifyou fail to answer the complaint the plaintiff will apply tot the Court for (he relief demanded in the complaint.  Josh Stein, Attorney General E. Burke Haywood, Special Deputy Attorney Genera! North Carolina Department of. Justice 1505 Mail Service Center Raleigh, North Carolina 27699-1505 Telephonel No. (919)707-4480 ENDORSEMENT  Date Issued:_ 9-b2-1F Time Issued: 127 Signature:_ Alurtass  ATTORNEYS! FORI PLAINTIFF DEPARTMENT OF TRANSPORTATION  CierAsiClerpepuy Clerk  THIS SUMMONS WAS ORIGINALLY ISSUED ON THE DATE: INDICATED ABOVE AND RETURNED NOT SERVED. ATTHE REQUEST OF THE PLAINTIFF, THETIME WITHIN WHICH THISSUMMONS MUST BE  SERVED. IS EXTENDED SIXTY (60) DAYS. DATE OFI ENDORSEMENT SIGNATURE:  TIME:  a.m./p.m.  CLERK/ASST.CLERK/DEPUTY CLERK  Project No. 50192.2.1 Parcel No. 004 I.D.No. A.G. FILE NO. TR-18-00654  R-5734A    APPLICATION  Approved: Date:  PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY  County: MACON LEA: 560  Contact Person: LORI M. CARPENTER  Title: Phone:  FINANCE DIRECTOR 828-349-2027  Address: 5WMAIN ST, FRANKLIN, NC 28734 Project Title: 2021-2022 DEBT SERVICE ON SCHOOLS  Location:  VARIOUS  Type of Facility: SCHOOL FACILITY  North Carolina General Statutes, Chapter 18C, provides that a portion of the proceeds oft the North Carolina State Lottery Fund be transferred to thel Public School Building Capital Fund in accordance with G.S. 115C-546.2. Further, G.S. 115C-546.2 (d) has been amendedi toi includet thet following: (4). A county may use monies in this Fund to pay for school construction projects in local school administrative units and to retire indebtedness incurred for school construction projects. (5) Acounty may not use monies in this Fund to pay for school technology needs. As used in this section, "Public School Buildings" shalli include only facilities for individual schools that are used fori instructional and related purposes, and does noti include central administration, maintenance, or other facilities. Applications must be submitted within one year following the  (3) No county shall have to provide matching funds...  date oft final payment to the Contractor or Vendor. Short description of Construction Project:  Estimated Costs: Purchase of Land Planning and Design Services New Construction Additions. /Renovations Repair Debt Payment/Bond Payment  $  355,758.15 355,758.15  TOTAL  $  Estimated Project Beginning Date: days following completion oft the project. project, and request release ofs_ parameters of G.S. 115C-546.  Est. Project Completion Date:  We, the undersigned, agree to submit a statement of state monies expended for this project within 60 The County Commissioners and the Board of Education do hereby jointly request approval of the above Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the  355,758.15  from the Public School  (Signature - Chair, County Commissioners) (Signature - Chair, Board of Education)  (Date) (Date)  Form Date: July01,2011        MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - APPOINTMENTS  MEETING DATE: May 10, 2022  13A. Town of Franklin Planning Board (ETJ representative): Per Town Planner Justin Setser with the Town of Franklin, the Franklin Town Council voted at its May 2, 2022 meeting to appoint Debbie Tallent as a new Extra-Territorial Jurisdiction (ETJ) representative on the town's planning board. Mr. Setser is requesting that the commission concur with that appointment, with the term to expire May 2, 2025. Mr. Setser explained that this is a new seat on the planning board created due to the new requirements contained in Chapter 160-D of the state's general statutes. The town planning board will now have five "town limit" seats and three "ETJ" seats.