MMacon Counly  ON COIA   CAR  MACON COUNTY BOARD OF COMMISSIONERS  NOVEMBER 10, 2020 AGENDA  1. Call to order and welcome by Chairman Tate  2. Announcements and introduction of interim county attorney Kim  Carpenter 3. Moment of Silence 4. Pledge of Allegiance 5. Public Hearing(s) combination thereof.  6:00 p.m. - Macon County Transit/Section  5311 (ADTAP), 5310, 5339, 5307 and applicable state funding, or NOTE: Immediately following the close of the public hearing, the board may take action on the Public Transportation Program  Resolution.  6. Public Comment Period 7. Additions to agenda  8. Adjustments to and approval of the agenda  9. eports/Presentations  A. Update on request to use the Robert C. Carpenter Community Building to host a gun show - Emergency Services Director Warren Cabe and Public Health Director Kathy McGaha B. Update on the Nikwasi Initiative - Executive Director Elaine C.F Formation of a county natural resources committee - Jim Gray D.V Women's History Trail Sculpture Project update - Mary Polanski  Eisenbraun  10.Old Business  MACON COUNTY COURTHOUSE ANNEX PHONE 828-349-2000  5WEST MAIN: STREET  FRANKLIN, NORTHO CAROLINA 28734  FAX: 828-349-2400    11.New Business  (A) Discussion/approyal of a "3-1" form regarding the burn building at Southwestern Community College - Dr. Don Tomas, (B)I Lease agreement with AG1, LLC - Economic Development (C)Lease agreement with TECO SSL, Inc. - Mr. Jenkins (D)Resolution authorizing upset bid process for panoramic X-ray machine - County Manager Derek Roland  Curtis Dowdle and William Brothers Director Tommy Jenkins  (E) Hazard Pay - Mr. Roland 12.Consent Agenda - Attachment #12  All items below are considered routine and will be enacted by one motion. No separate discussion will be held except on request of a member of the Board of (A) Minutes of the September 8, 2020 regular meeting and the (C) Tax Releases in the amount of $4,314.59 for July 2020 (D)Monthly ad valorem tax collection report - no action necessary  Commissioners.  September 29, 2020 special meeting. (B)E Budget Amendments #103-104  13.Appointments  (A) Economic Development Commission (four seats) (B)Community Funding Pool Task Force (all seats)  14.Closed session as allowed under North Carolina General Statute regarding property acquisition and to preserve the attorney/client  privilege 15.Adjourn/Recess    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - PUBLIC HEARINGS  MEETING DATE: November 10, 2020  We have a public hearing on the agenda in connection with the Macon A copy of the notice of public hearing is attached, and the notice appeared in Per Transit Director Kim Angel, the hearing is being held to allow members of the community the opportunity to comment on transportation needs and There are several grant requests included in this hearing, and each one must be addressed individually, with the portion of the hearing focused on that particular item to be formally opened, closed and reflected in the board's This hearing will cover the following: Section 5311 (including ADTAP), 5310, 5339, 5307 and applicable state funding, or a combination thereof. During the hearing, the public should explicitly be asked if they wish to Immediately following the close of the public hearing, the board may act on the Public Transportation Program Resolution, a copy of which is included Also included in the packet is a copy of the FY 2022 Local Share Certification for Funding, which outlines the total local share needed to fund the requested amount as well as the source of those funds. The total local  County Community Transportation Program Application. the November 4, 2020 edition ofThe Franklin Press.  the grant application.  minutes.  comment on each individual program.  in the packet.  share is $233,092.    PUBLIC HEARING NOTICE  Section 5311 (ADTAP), 5310, 5339, 5307 and applicable State funding, or combination thereof. This is to inform the public that aj public hearing willl bel held on the proposed] Macon County Community Transportation Program Application to bes submitted to the North Carolina Department of Transportation no later than December: 1,2020. The public hearing will be held on November 10th, 2020 at 6:00 p.m. before the Macon Those interested in attending the public hearing and needing either auxiliary aids and: services under the Americans with Disabilities Act (ADA) or al language translator should contact Kim Angel,Transit Director on or before November: 5th, 2020, at telephone number 828-349-2222 or via email at kangelemaconncorg. The Community Transportation Program provides assistance to coordinate existing transportation programs operating in Macon County,NC as well as provides transportation options and services for the communities within this service area. These services are currently provided using fleet vehicles comsistingolitesguipad Light Transit Vehicles, lift-equipped vans, and Minivans. Services are: rendered by Macon County7 Transit. The total estimated amount requested for thej period July 1 2021 through June 30, 2022  County Board of Commissioners.  Project  Total Amount $203,584  Local Share  Administrative  $40,717 (20%)  Capital (Vehicles & Other)  $109,875 (20%)  $549,375 $165,000 $ $917,959  5310Operating Other TOTALPROJECT  $82,500 (50%) $ $233,092  (%)  Total Funding Request  Total Local Share  This application may bei inspected at Macon County" Transit, 361 Pannell Ln, Franklin, NC28734 from 8:00a.m.-5:00 p.m.. Written comments should be directed to] Kim Angel,Transit Director before November 10th, 2020. Note: AN ORIGINAL COPY of the published Public Hearing Notice must be attached toa signed Affidavit of Publication. Both the Public Hearing Notice and the Affidavit of Publication  End of Notice  must be submitted with the grant application.    UBLICTRANSPORTATION PROGRAM RESOLUTION  FY2022 RESOLUTION  Section 5311 (including ADTAP), 5310, 5339, 5307 and applicable State funding, or combination thereof. Applicant seeking permission to apply for Public? Transportation Program funding, enter into agreement with the North Carolina Department of Transportation, provide the necessary assurances and the required local  match. required).  An motion was made by (Board. Member's Name).  and seconded by (Board. Member'sl Name or NIA, if not  for the adoption of the following resolution, and upon being put to a vote was duly adopted. WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for administering federal and state public transportation funds; and WHEREAS, the North Carolina Department of Transportation will apply for a grant from the US Department of Transportation, Federal Transit Administration and receives funds from the North Carolina General Assembly to provide assistance for rural public transportation projects;and WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for thej provision of rural, small urban, and urban public transportation services consistent with the policy requirements ofe each funding source. for planning, community and agency involvement, service design, service alternatives, training and conference participation, reporting and other requirements (drug and alcohol testing policy and program, disadvantaged business enterprise program, and fully allocated WHEREAS, the funds applied for may be Administrative, Operating, Planning, or Capital funds and WHEREAS, non-Community Transportation applicants may apply for funding for "purchase-of-  costs analysis); and  willl have different percentages of federal, state, and local funds. service" projects under the Capital budget Section 5310 program.  WHEREAS, Macon County hereby assures and certifies that it will provide the required local matching funds; that its staff has the technical capacity toi implement and manage the project(s), prepare required reports, obtain required training, attend meetings and conferences; and agrees to comply with the federal and state statutes, regulations, executive orders, Section 5333 (b) Warranty, and all administrative requirements related to the applications made to and grants received from the Federal Transit Administration, as well as the provisions of Section 1001 of Title 18, U.S.C.  Revised 02-21-20    WHEREAS, the applicant has or will provide all annual certifications and assurances to the  State of North Carolina required for the project;  NOW, THEREFORE, be it resolved that the County Manager of Macon County,NC is hereby authorized tosubmit grant application (s) for federal and state funding in response to NCDOT's calls for projects, make the necessary assurances and certifications and be empowered to enter into an agreement with the  NCDOT toj provide rural, small urban, and urban public transportation services.  IMichael a. Decker, HR Director/Deputy Clerk to the Board do hereby certify that the above is a true and correct copy of an excerpt from the minutes of a meeting of the (Name of Applicant's Governing Board) Macon County  Board of Commissioners duly held on the 10th day of November, 2020.  Signature of Certifying Official  *Note that the authorized official, certifyingo official, and notary public should be three separate individuals.  Seal Subscribed and sworn to me  (date)  AffixNotary, Seal Here  Notary Public' *  Printed Name and Address My commission expires  (date)  2  Revised 02-21-20    FY2022 LOCAL SHARE CERTIFICATION FOR FUNDING  MACON COUNTY  Requested Funding Amounts Project Administrative 5310Operating (No State Match) Combined Capital TOTAL  Total Amount $203,584 $165,000 $549,375 $917,959 Total Funding Requests  Local Share** $40,717(20%) $82,500 (50%) $109,875 (20%) $233,092 Total Local Share  **NOTE: Applicants should be prepared for the entire Local Share amount in the event State  funding is not available.  The Local Share is available from the following sources:  Source of Funds  Applyto Grant Administrative (5311) Capital 5310 5310  Amount 40,717 $109,875 $ : 19,500 $ 63,000  County General Funds County General Funds County General Funds Contract Revenue  TOTAL  $233,092    FY 2022 Local Share Certificate (page2)  ** Fare box revenue is not an applicable source for local share funding  I,t the undersigned representing Macon County, do hereby certify to the North Carolina Department of Transportation, that the required local funds for the FY2022 Community Transportation Program and 5307 Governors Apportionment will be available as of July1,2021  which has a period of performance of] July 1, 2021 - June 30, 2022.  Signature of Authorized Official Derek C. Roland, County Manager Type Name and' Title of Authorized Official  Date    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - REPORIS/PRESENTATIONS  MEETING DATE: NOVEMBER 10, 2020  9A. As a follow-up to a request from Mr. Ron Haven at the board's October 13, 2020 regular meeting, Emergency Services Director Warren Cabe and Public Health Director Kathy McGaha will offer information regarding Mr. Haven's desire to utilize the Robert C. Carpenter Community Building to 9B. Elaine Eisenbraun, the executive director of the Nikwasi Initiative, has requested time on the agenda to present a report to the board on the current 9C. Jim Gray will present his recommendation to have the county commission consider creating a permanent committee to advise the board on issues dealing with the county's natural environment, such as the Natural 9D. Mary Polanski has asked for time on the agenda to update the board on the Women's History Trail sculpture project entitled Sowing the Seeds ofthe Future. Ms. Polanski has provided a copy of her PowerPoint presentation on this topic, which is included in the packet. Also included in the packet are three other documents, including (1) an explanation ofthe sculpture by sculptor Wesley Wofford, (2) a letter of support for the project from Ms. Eisenbraun of the Nikwasi Initiative, and (3) a letter of support from the  host a gun show in early 2021.  work ofthe initiative.  Resources Committee in Transylvania County.  Macon County Economic Development Commission.    11/5/2020  Update  Women's History Trail- Macon County  and  WHT Public Art Project - Sowing the Seeds of the Future  OCTOBER: 2018  Greetings and welcome to an update about the Women's History Trail and our public art sculpture project. The Women's History Traili is part oft the Folk Heritage Association of Macon County.  WOMENS! "Sowyon nes Hisroxy7 Sccosorr TRAN-FRANKLIN TEF FuruRE" NC  Because of local generosity: ands support, we have been able to commission the nationally renowned figurative sculptor Wesley Wofford to produce a7 7-foot high! bronzes sculpture of three women whosel lives and culture intersected int the early days of Macon County  1    11/5/2020  All WHT leaders, teami members, the FHAMC Board and community supporters are deeply appreciative ofy your support.  MACON COUNTY IBTONICAD) MUSEUM Women's History  WHTI Project Leaders  Marty Greeble, Barbara McRae, and Mary Polanski Folk Heritage Association of Macon County  Board Chairwoman Anne Hyder, Vice Chairwoman Marty Greeble, Treasurer* Theresa Ramsey  The Women's History Trail of Macon County opened 10/2018 with local, state, and national attention. Foundry bronze markers are viewed by participants followinga guiding map. We started with 9 plaques honoring local women and now have 15 plaques. We have plans for expansion to Highlands and other areas of our county.  WHT 1977)  Laural M.. Jones 1877-1 1972 Teacher, Developer, Beloved. Aunt  2    11/5/2020  Updates regarding the WHT publicart project Sowing the Seeds of the Future Initially, WHT usede earned project funds, donations and smalle endowment giftsto fund the design maquette. Inl May: 2019, we: started a campaign to fund the next phase oft the project. Mainly local donationsi formed thet foundation for the projecta at this point. By August 2019, wer raised enough money top put our project on the artist's calendar schedule -January or February2 2020. We negotiateda contract with' Wofford! Studio for the entire project. By February: 2020, we completed the funding goalt to proceed with the next phase of the project-creation: of the 1/3  WHT  Wesley Wofford Wofford Sculpture Studio- - Cashiers, NC olodhupluretidbon  scaler model.  The design maquette is now being WOMEN's HISTORY TRAIL-FRANKLIN NC  transformed into the 1/3 scale model. Many activities haves set the: stage for this tol happen. Models were discovered: and recruited- all oft them local women. Al local expert seamstress, Kathryn Sellers (whoi is also a WHT team leader) came on! board for important costuming work. The Browns, a Cherokee family with much experience with historical Cherokee life, joined the team. What follows inp photos willl help yous see! busy days ofs spring 2020, before the pandemic.  "SOwING THE SEEDS OF THE FUTURE'  3    11/5/2020  Kathryn Sellers (center) measuring model Angela Cunningham (left) and Timoxena's namesake Timoxena Siler Sloan (right), who isal WHT team member.  Wesley started focused work ont the head: studies. Thiss study of Timoxena isar revised version from his  initial work.  railroad was stopped.  Willama andT Timoxena Siler Sloan. This found young Sloan unemployed anda  4    11/5/2020  Angela Cunningham, ont the left, ist ther model for Timoxena and Delphine Kirkland, ont the right, is the  modeli for Salley.  WOMEN's HIsTORY TRAIL-FRANKLIN NC SOWING THE SEEDS OF THE FUTURE" SALLY  Delphine is measured by' Wesleyl Wofford, as his wife Odyssey documents the figures. This meeting was att the WHT home ont the 3rdf floor of thel Macon County Historical  Museum.  5    11/5/2020  This meetingi in Spring: 2020 was att the Cherokee Museum. Dakota Brown works at the museum. Her mother Sandra, was present as well as Wahlalah our model for Na-Ha Rebecca. Odyssey Woffordi is taking notes while Wesley Wofford and Marty Greeble listeni intently. One outcome oft the creative process was this impressive and authentic  outfit for Wahlalah to wear while being Na-Hal Rebecca.  WOMEN's HISTORY TRAIL-FRANKLIN NC "SOWING THE SEEDS OFT THE FUTURE" REBECCA-NA-HA  6    11/5/2020  WOMEN's HISTORY TRAIL-FRANKLIN NC "SOWING THE SEEDS OF THE FUTURE" TIMOXENA  Fast forward to April/May after the onset ofthe COVID 19 pandemic.  Wesley, Angela Cunningham as Timoxena, and Kathryn Sellers- working outside.  Salley  Na-hal Rebecca Morris  First Timoxena Siler Sloan  Wesley created the heads studies, April and May2 2020.  7    11/5/2020  Angela, as Timoxena, in costume created by Kathryn.  Wesley's revised heads study of Timoxena, August 2020.  Outdoors at Wofford Studio August 2020  Wahlalah and daughter  8    11/5/2020  Wesley' Wofford, sculptor, at work with our models. August 2020  TIMELINE F Funding our project  January 2018- $3000 Design maquette; PAID July2 2018- - $1000 Design revisions; PAID  August 2019- $31,283 Tos secure place on sculptor's: schedule; PAID  February: 2020- $70,5671 To undertake: and complete one-third size sculpture figures; PAID  The pandemic impacted fund raising plans and the work: schedule of thes sculptor. Potential funding from the: state of North Carolina ($50,000) was put on hold, as wella as a private donor fundraising galat to generate $25,000. We: awaita pledged business donation of $25,000. We have submitted one grant (Ferebee Foundation) in August and one grant  (BRNHA) in October.  End of November 2020- $70,567 Payment to begin full-size model; DUE  We need financial support now to! help us move forward toward making thef fulls size modela ar reality! Future contract payment dates, to be adjusted based on delays associated with pandemic restrictions  June 2021- $70,567 September 2021 $70,567 December: 2021- $35,285 Estimatedi installation cost- $47,164  9    11/5/2020  WHT's Sowing the Seeds of the Future Grant Submissions  Mary Polanski and Theresa Ramsey  Percy B. Ferebee Endowment- July 2020 Awards pending; applied for $10,000.  Blue Ridge National Heritage Area 2020 Heritage Grant - September 2020  Awards pending; applied for $16,000.  PE ITTINE  FTLE III  Green space in Franklin's River Gateway District  CconCoumtylan Greenwy  futureg spaco Mainspring,Offico  The yellow star marks the proposed sculpture site. "Sowing the Seeds of the Future"  10    11/5/2020  Aconfluence of projects int the Franklin River District ist transforming what Partners in these efforts are Mainspring Conservation Trust, Thel Towno of Franklin, Eastern Band of Cherokee Indians, Macon County, and Nikwasi Initiative (a community development organization formed byt those other partners), as well ast the Women's History Trail/Folk Heritage Association of Thel Nikwasi Initiative has recently installed a beautifully designed kioska at the Nikwasi Mound, sparking new energy and excitement about the transformation oft this area. And for "Sowing the Seeds oft the Future."  had been ab blighted section oft town.  Macon County.  Greens spacei inF Franklin's River Gateway District  WOMEN'S HisTORY TRAL-FRANKLIN NC "SOWINC THE SEEDSO OF THE FUTURE"  Your support of Sowing the Seeds of the Future will make this vision a reality. We deeply appreciate your consideration of financial support The Women's History Trail team continues to work hard so Macon County residents, Western North Carolina, and all visitors can enjoy this remarkable story conveyed though outstanding  public art. This timelv and monumental work will have positive moactsonourommuniv.  11    The Sculpture "Sowing the Seeds of the Future"  Thei initial design developed by sculptor Wesley Wofford shows three women and two children as they might have interacted in life. The youngest oft the three, Timoxena, appears both as ai toddler (held by her nurse, the African-American woman Salley) and as a pregnant young woman, still connected to the other two but moving toward the future. Listed below is Mr. Wofford's Sculpture "The inspiration for this sculpture is the connection to the specific piece of property that was occupied by all three women. It represents these very specific women in Franklin's history but also transcends their stories and becomes a symbol for each group of women and the cultures that make modern-day America possible. The Cherokee for generations used Nikwasi Mound and the surrounding land to celebrate annually at the Green Corn Festival. The women carried the corn they grew to the festival to be shared with the rest oft the Cherokee. The seeds within the sculpture represent the transterence of knowledge from culture to culture. The Cherokee laid the foundation, the Slaves' labor built the framework, and the Pioneers inherited and further advanced these  Explanation for the piece:  foundations to shape the future of Franklin."  "The hands of the women are touching, illustrating the sisterhood of women that transcends cultural divides. The details of each figure reflect specific historical elements of each woman's culture and the place in society each woman held. The sculpture is a metaphor fort the evolution ofr modern society, a narrative about three very specific local women, as well as al history lesson with embedded historically accurate details including basketweaving and clothing."  "Int the sculpture, Rebecca (Na-ha) is seen passing corn seeds to a young girl. Na-ha is standing on a mound, which honors the Nikwasi site and represents the foundation on which the entire town of Franklin was built, as well as speaking of the elevated role of landowners that women held in Cherokee society. Al burden basket full of corn is at her feet, depicting the agricultural responsibilities ofv women. Her attire represents hundreds of hears of cultural history and her expression is kind and giving, sharing her cultural knowledge with her new neighbors. Rebecca's own child is on her back, looking through the women to the future, illustrating the long and harrowing journey for her descendants to continue her lineage for generations and re-establish the Cherokee Nation." "Salley is the bridge between the two women and the two cultures and stands at the center of the composition with a young Timoxena in one arm, a basket of cropsi in her other. Her hands are full, she has worked hard her entire life as a slave and did not have the right to focus on her owni family. Her attire is that of a slave, modest clothing with an apron and head wrap. She stands proud and resolute, lost in thought about thet freedom that she may never attain, unaware that in the future all Slaves will reach freedom. She is strong and sturdy, and although her mark in history is tragic, Franklin would not be what it is today if not for her toils and contributions. She was the conduit through which the knowledge developed by the Cherokee was adapt- ed and passed on to  Timoxena."    "The adult Timoxena is seen taking a basket filled with apples and corn from Salley. She is not afraid to get her hands dirty, obliged as she is to take on all the responsibilities of the family and farm after her husband's death. Her attire is more formal, representing the European and colonial influences that shaped modern America, with her work boots not quite matching her dress, speaking oft the duality of her roles. Shei is a lead- er, carrying forth the inherited skills passed on tol her by  generations of strong women to form an optimistic tomorrow.    Nikwasilnitiativ  P.O. BOX2197 FRANKLIN, NC28744  NIKWASINITATIVEEGMAIL.COM  Blue Ridge Heritage Natural Area 195 Hemphill Knob Rd Asheville, NC: 28803 Dear Heritage Directors,  September 13, 2020  The statue proposed by the Women's History Trail is more than just art." This statue displays intercultural harmony in an enduring message oft trust, caring, and peace embraced between different racial and socio- economic groups. It will stand as a testament to the women and children whol built our frontier and found ways toi reach across boundaries, to work together and overcome challenges. In a time when people are focused on statuary representation ofe emotion, this piece speaks to that sensation in aj positive, productive manner. It is just what our region needs in order to send a nationwide message ofg goodwill that can emerge from the Appalachians where people have worked for centuries to understand and span differences. Nikwasi Initiative has worked very closely with the Women'sl History Trail. In fact, the spiritual site oft the Nikwasi Mound will display one oft the Women's] History Trail bronze placards. This statue, too, willl be place in a prominent place on the Nikwasi Gateway to. Franklin a greenspace around the Mound focused Nikwasi Initiative recognizes the Women's History Trail as a gem that promotes the oft-overlooked, resilient culture oft transitional Appalachia. By focusing on women and on aj period oft time when tumult abounded, there is an intrinsic message of hope, a message that, while written through the lens of history, is really forward looking. It lays out aj path ofopportunity for each and every person that views it. Its name, "Sowing the Seeds of the Future,"  is much more revealing than first glance might reveal. The people who lead the Women's] History Trail are visionary. They are dedicated to telling a story that will lead to a more kind and considerate future, by celebrating the past. They are excited, eager, and scrupulous in their efforts. Please give full consideration to funding this Stage II project. Iti is far more than a statue, it is a sacred message, a treasure fort the Appalachian Region. While funding an intermediary phase may feel like it is without tangible outcome, thati is the farthest thing from reality. This is thej process that willl lead to enormous accomplishment in the near: future. Your support willl be leveraged to build the final life size Please contact me with any questions that may arise. Iam delighted to share the value in this work.  oni interpreting the lifeways of people much like the ones int this statue.  This is a project that willl bring international acclaim to our heritage area.  bronze.  Sincerely,  Elaine Eisenbraun, Executive Director    MACON COUNTY Economic Development Commission opportunity adventure success  September 22, 2020  Blue Ridge National Heritage Area Grants Committee 195 Hemphill Knob Road Asheville, North Carolina 28803 Dear Committee Members,  The Macon County Economic Development Commission strongly supports the Women's History' Trail project, Sowing the Seeds of the Future, This fine and impressive sculpture, as public art, will tella The story of the three women in the sculpture - Cherokee, Black, and White - relates how women of our Appalachian region worked tirelessly to sustain life, through farming the land, nurturing children, accepting shared culture, skills and knowledge, and conflict resolution. From the turbulent time of our Ofo course, heritage tourism is vitally important to Western North Carolina. The Women's History" Trail (WHT), a project of the Folk Heritage Association of Macon, is thei first of its kind int the state of North Carolina. WHT'sg goal is to bringt tol life the untold stories of local women from the past. These efforts have garnered local, statewide and national attention and: support. WHT's efforts to install the monumental Sowing the Seeds ofthe Future in the River District of Franklin will support ande enhance the efforts of many local organizations working toward the revitalization of the area around the Nikwasi Mound. The potential for combined efforts in drawing heritage tourists is huge. The Blue Ridge National Heritage Area Partnership's 2014: study heritage revealed that tourism contributes $2.39 billion annually to the economy of Western North Carolina, supporting more than 30,000 jobs and generating $176.5 million in state and local tax revenue. The study noted that heritage tourism also supports the conservation and sustainability of the region's parks, forests, waterways, historic Itis with gratitude that we note the potential for Blue Ridge National Heritage Area's grant support  memorable story to residents of our region and heritage tourists.  county'sfounding these women send at timely message to us all.  sites, and cultural traditions. for this important project. With Best Regards, Tomrhy. 5 Director  Macon County Economic Development Commission  5 West Main Street  Franklin, North Carolina 28734  828.369.2306    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - NEW BUSINESS  MEETING DATE: November 10, 2020  11A. Representatives of Southwestern Community College (SCC), including President Dr. Don Tomas, Curtis Dowdle, Dean of Public Safety Training, and William Brothers, Vice President for Financial and Administrative Services, will be at the meeting to discuss a revised "3-1" form regarding the proposed new burn building. Copies of the original form as well as a  proposed amended version are included in the packet.  11B.  Economic Development Director Tommy Jenkins will present a  proposed lease between the county and AG1, LLC, for Unit A of the Business Development Center. The new lease would commence on December 1, 2020 and expire on November 30, 2021, with a monthly rent of $1,840. Copies of a resolution declaring the property (Unit A) as surplus  along with a lease agreement are included in the packet.  11C.  Mr. Jenkins will also present a proposed lease agreement between  the county and TECO SSL, Inc., for Unit B of the Business Development Center. The new lease would commence on November 14, 2020 and expire on November 13, 2021, with a monthly rent of $1,218. Copies of a resolution declaring the property (Unit B) as surplus along with a lease 11D. Included in the packet is a Resolution of the Macon County Board of Commissioners Authorizing Upset Bid Process" in connection with a panoramic X-ray machine. Mr. Roland can provide additional details at the 11E. Mr. Roland will also provide the board with a proposal for hazard pay  agreement are included in the package.  meeting.  forcounty employees.    NCEGLEGES CREATING. SCCIESS. Jennifer Haygood Acting President  NORTH CAROLINA COMMUNITY COLLEGE SYSTEM  March 16, 2018  President Don Tomas Southwestern Community College 447 College Drive Sylva, NC: 28779  Subject: Construction Project No. 2402 Fire Rescue Training Center  Dear President Tomas:  lam pleased toi inform you that your request for a new construction project, as indicated on the enclosed 3-1 form, was approved by the State Board of Community  Colleges in its meeting on March 16, 2018.  Sincerely,  dlt  Brandy Andrews Associate Vice President for College Finance and Operations  BA/io Enclosure N Mrs. Dorrine Fokes  Mailing Address: 50131 Mail Service Center I Raleigh, NC 27699-5013  Street Address 200 West. Jones 1 Ralcigh. NÇ 27603 IF Phone: 919-807-7100 Fax: 919-807-7167  www nccommunliycolagesadu AVEQUAL OPPORTUNITY EMPLOYER    NORTH CAROLINA COMMUNITY COLLEGE SYSTEM CAPITAL IMPROVEMENT PROJECT APPROVAL  New Project Amended Project Final-F Project Close Out  Selecta appropriate submission  College Southwester Community Collese Project Name Fire Rescue Trining Center.  NCCCS Project No. County  Campus  Public Safety Traininy Center  Macon  I. TYPE OF PROJECT: New Facility Renovation of Existing Facility L Life Salety  Roof Replacement HVAC ADA Compliance  Infrastructure Repairs Addition to Existing Facility  II, DESCRIPTION OF PROJECT: Description must include all pertinent information regarding the project as addressed in the instructions on Page 1,  Develop a Fire - Rescue Training Center consisting of a Class A/B pre- fabricated training/burn building and rescue tower and a 2500 SF2 bay fire station with classroom space to be located adjacent to the Macon County Campus, Cecil Groves Center. Thefire-rescue facilities will allow live burn training, rappelling, and rescue training. The fire station/classroom should replicate a local fire station including providing storage for a fire truck and ambulance. In the above description, provide speclfic details and describe all aspocts to be Included In the prolect. Project to be constructedrenovated on college owned property. Project to be constructedrenovated on leased property D Provide the System Office a copy of lease that meets criteria as addressed in CI Guide. CONNECT NC BOND FUNDED PROJECTS ONLY: lfequipment is included as part of the project, please certify that the equipment has Please acknowledge that furniture is not allowed as part of a Connect NC Bond (Bond Funds) projects and the college will not be reimbursed from Bond Funds. B  a useful life of 10+ years B  NCCCS3-1FORM  Page3    I. ESTMATED COST OF PROJECT A PRE-CONSTRUCTION COSTS 1.Site Grading and Improvements (noti in us) CONSTRUCTION 1. General Contract 2. Other Contracts Subtotal Contracts.. 3. Designer's Fees.. 4. Contingency.. 5. Olher Fees Subtotal Fees. Subtotal' "B". OTHER COST 1. Initial Equipmen! (not in IIIE B). 2. Miscelaneousispech, Worked Performed by Owner 3. (material only, not slaff salary) Subtotal "C".  Subtotal "A".  2486555  2.486555  113,025. 113,025  226.050  2,712.605 a  TOTAL ESTIMATED COST OF PROJECT (Sum ofHIA,B,C) IV. SOURCES OF FUNDS IDENTIFIED FOR THIS PROJECT:  2,712,605  A. NON-STATE FUNDS 1. - County Approprialion. : 2. Duly Authorized Bonds County.. 3 Donations 4. Federal Funds (USDA EDA ETCI 5. Other (parking! lees vending. renta bookstore.) Subtotal"A"  1.312,605  1.312,605  B. UNDETERMINED (DON NOTI INCLUDE UNDETERMINED FUNDS ONT THE 2-16F FORM) C. STATE EQUIPMENT FUNDS (112 Report- -Memo) 0 STATE FUNDS De. DOT, Golden Leaf. Not Allocated through the System OHice)  STATE FUNO ALLOCATION 2 Budget Code 3 Budget Code Subtotal' E"  Budget Code 46620 (MC Connect Bond. i :  1,400,000  1,400,000 2.712,605  TOTAL SOURCES OF FUNDS (Sum of Section IV A,B.CD.E  PLEASENOTE: Total SOURCES OF FUNDS in Section IV must equaf TOTAL ESTIMATED COSTO OF  PROJECT in Section III.  NCCCS3 1FORM  Page4    V. CERTIFICATION BY THE COLLEGE BOARD OF TRUSTEES To the State Board of Community Colleges: We, the Board of Trustees of (Côllege), do hereby cerlify:  Southwestent Communiny Colleze  1. Thal thei information contained in this application is true and correct to the best of our knowledge and belief, and do hereby request approval from the State Board of Community Colleges for this application and for Ihe utilization of Statefunds reflected on Page 3, which are appropriated and have been allocated for the use of our college. These funds, along with the non-state funds shown, will be used exclusively for facilities, equipment for those facilities, land, or other permanent improvements described herein and in accordance with the minutes and resolution of the Board of Trustees dated 27 May 2016  $1.400.000  Aspart of this certification, the Board of Trustees cerlify thalanyequlpment purchasedi with the Connect NC Bond Funds must haveal useful lifeof10+ As part of this certification, the Board of Trustees acknowledge that furniture is not an allowable expense as part of acapital project funded by Connect NC Bond 2. Thal the described permanent improvements are necessary for meeting the educational needs of the area served and that this proposed project is in accordance with the rules and regulations adopted by the Slate Board of Community Colleges. 3. That a fee simple title is held by the Board of Trustees to the property upon which the said facilities ori improvements are to be made, or that al long term lease, as described in the North Carolina Community College System Capital Improvement Guide. 4. That in formal session with a quorum present, the Board of Truslees authorized this application and further authorized the Chairman and the Chief Administrative Officer of this Board to exeçute all papers required by the rules and regulations of the State  years.  Funds, therefore will not be reimbursed.  is held by the Board of Trustees.  Board of Community Colleges.  Cpbese  louk Administrative Oficer/President  d  NCCCS 3-1 FORM  Page5    Vi. CERTIFICATION AS TO AVAILABILITY OF LOCAL SUPPORT AND FUNDS  County Manager/Financial Officer:  Certification 1.  Icertify that have examined this application (Projecl No.  from Southwestern Community Colleue ifshown, county funds in Ihe amount of the planning and constructian oft this project.  (college) and  $1.312.605 Signature  are available for  Title Maçon County Manazer  (The following certification must be completed for New Facility Projects Only) Based on an analysis of the colleges annual operating and utility cosis, (as per lhe NCCCS 3-1Attachment, Page 6) iti is estimaled that the college will expend an additional $69,991 per year in support of this new construction. Icertify that this document has been reviewed, and thal the informati on stated herein will be shared with the proper county officials to seek an appropriate adjustment to the college's! budget as the new  Certification2.  facility is brought online.  Signature   Tille Macon County Manaper  VII. CERTIFICATION OF ATTORNEY AS TO FEE SIMPLE TITLE TO THE PROPERTY (Note: Required only for construction on a new site or where federal funds are involved.  Not required for long term lease.)  1,  duly licensed attorney of the State of  North Carolina, do hereby certify that I have examined the public records of concerning title to the property upon which thei improvements set out in the foregoing application are, proposed to be made, andi If find from said examination that a fee simple title  County, North Carolina, from January 1, 1925, to this date  free from all claims or encumbrances, is vested in by deed recorded in (specify book and page) as noted below (Allach copy of deed)  int the Office oft the Register of Deeds except  This, the  day of  20  Signalure  NCCCS3-1FORN  Page 6                                    NORTH CAROLINA COMMUNITY COLLEGE SYSTEM CAPITAL IMPROVEMENT PROJECT APPROVAL  AMENDED#1  Isthist the Final 3-1Project Coseout?  No  College Campus  Southwestern Community College 2032 Southwestern CC. Macon Cty. Campus  Project Name Fire Rescue' Training Center  NCCCS Project No. County  2402 Macon  TYPEOFPROJECT:  New Facility  II. REASON FOR AMENDMENT:  Please detail ther reason fort this amendment. Ifs scope change, description musti include allp pertinent information regarding the project (scope of work, square footage, etc.). Include any variances from the original project description. Ifb budget change, describe ther need for change (bids camei in higher, identifying undetermined funds, increase due to increases scope ofwork, etc.). The prevlously planned fire rescue trainingo center consisting ofac Class A/B; pre- fabricated training/burn building andr rescuet towera and? 2500 sqft twot bay fires station witho classroom: space tol bel located adjacent tot the! Macon County Campus (Cecll Groves Center)) is tol ber relocated toap property adjacent to the College's Publics Safety and' Training Center. The College owns this property, therefore the amendment fort this 3-1iss solely based on!l location.  Insert project anda amendment description! here.  Project tol be constructea/renovated on college owned property Project to be constructes/renovated on leased property Provide the System Office acopy ofl lease that meets criteriaa asa addressed in CIGuide.  This form was prepared by: Name: Signature: Contact Number: 828.339.4366 Date: CPCS Signature:  Wiliam Bfothesz 12 10/30/2020 uh6    Southwestern Community College Amended Current Budget  III. ESTMATED COST OF PROJECT:  2402  A. PRE-CONSTRUCTIONG COSTS 1.S Site Grading andl mprovements (noti in! IE B). : 2. Demolition (notinlIIB). Subtotal' "A" B.CONSTRUCTION 1.0 Design Fee. 2.0 Construction. 3. Construction Contingency 4. Other Contracts 5.Other Fees. Subtotal' "B" C. Other Costs 1.1 Initial Equipment.. 2.V Work Performed by Owner. Subtotal' "C"  Changes/  Prior Budget  0.00 240,000.00 2,322,605.00 150,000.00 2,712,605.00  0.00  0.00 240,000.00 2,322,605.00 150,000.00 2,712,605.00  0.00  0.00 $2,712,605.00 Prior Funds 1,312,605.00  0.00 $0.00  0.00 $2,712,605.00 Current Funds 1,312,605.00  TOTAL ESTIMATED COST OF PROJECT (Sum OfIIIA,B,C) IV.SOURCES OF FUNDS IDENTIFIED FORTHISPROIECT:  A. NON-STATE FUNDS 1. County Appropriated 2. County Bonds 3. 4. 5. Subtotal" "A" 1. 2. 3. Subtotal' "B" 2.Budget Code 3.8 Budget Code 4. Budget Code Subtotal "C" D. UNIDENTIFIED FUNDS Subtotal "D"  Changes  1,312,605.00  0.00  1,312,605.00  B.STATEFUNDS (Handled locally by college not reimbursed through! System Office)  0.00 1,400,000.00  0.00  0.00 1,400,000.00  C.STATE FUNDS (Reimbursed by the System Office) 1.Budget Code 46620 NEW Connect NCE Bond V  1,400,000.00 2,712,605.00  0.00 0.00 0.00  1,400,000.00 2,712,605.00  Total Sources of Funds Available (VA,B,C)  1. Unidentified. Funds (Corctingudeonthew NCCCS2-16) Total Sources of Funds Including Unidentified  0.00 $2,712,605.00  0.00  $0.00 $2,712,605.00    Southwestern Communlty College  2402  V.CERTIFICATIONI IBYT THE COLLEGEBOARD OF TRUSTEES  To the State Board of Community Colleges:  We, the Board ofTrustees of Southwestern Community College  do hereby certify:  1. Thatt thei information contained in this application ist true and correct to thet best of our knowledge and belief, and do hereby request approval from the State Board of Community on Page 3, which are appropriated: and have! been allocated for the use ofc our college. Theset funds, along with ther non-state funds shown, will beu used exclusivelyi for facilities, equipment fort those facilities, land, or other permanenti improvements described herein andi in accordance with the As part oft this certification, the! Board of7 Trustees certifyt thata any equipment purchased with the Connect NCI Bond Funds must havea a useful life of 10+ years. Asp part of this certification, the Board ofT Trustees acknowledge that furniturel is not ana allowable expense as part ofac capital project funded by Connect NCE Bond Funds, 2. Thatt the described permanent mprovements are necessary for meeting the educational needs oft thea area served and that this proposed project is in accordance with ther rules and 3. That af fee simple title held byt the Board of Trustees to the property upon which thes said facilities or improvements: are toi ber made, or thata a long-term lease, as describedi in the North Carolina Community College System Capital Improvement Guide, is! heldi byt thel Board of 4. Thati int formal sessions witha a quorum present, the Board of1 Trustees authorized this application andi further authorized the Chairman andt the ChiefA Administrative Officer of this Board to execute all papers required by ther rules and regulations oft the State Board of Community  Colleges for this application andf for thet utilization of minutes and resolution oft the Board of1 Trustees dated  $1,400,000.00 State funds reflected  therefor will not ber reimbursed.  regulations adopted by the State Board of Community Colleges.  Trustees.  Colleges.  Chairman- Board ofT Trustees  Chief Administrative Officer/President    Southwestern Community College  2402  VI. CERTIFICATION. ASTO AVAILABILITY OF LOCAL SUPPORT AND FUNDS  Certificationl, amountof  Icertifyt that Ihave examined this application for the projectn no:  2402  from Southwestern Community College  andi ifs shown, county fundsi in the  $1,312,605 are available for the planning and construction oft this project.  Signature Title Date  (The followingcerlfication must be completed for New FacllityP Projects Only)  Certificationz.  Basedo on ana analysis oft the colleges annual operating andu utilty costs, (as per the NCÇCS3-1, pery yearl Ins support oft thisr newo construction. certifyt that this document has beenr reviewed, andt that thei information. stated! herein will be sharedv witht the proper county officialst tos seek ana appropriate  Section VI, Page 5)1 itise estimated that the college will expend an additional adjustment to the college's budget as ther new facilityi is brought online.  $69,991  Signature Title Date  VI. CERTIFICATION OF ATTORNEY ASTO FEE SIMPLE TITLET TO THE PROPERTY  (Note: Required only for construction on ar new: site orv where federal funds arei involved. Not  requiredi for longt terml lease.)  dulyl licensed attorney of the State of North  Carolina, do hereby certifyt thati havee examined the public records of County, North Carolina, from. January1 1, 1925, to this date concerning titlet to the property upon which the improvements set outi int the foregoing application: are proposed to! be made, andif find froms said examination thataf fee simple title freef from allo clalms ore encumbrances, is vestedi in  by deedi recorded in (specify! book & page)  int the Office of the Register of Deeds excepta as noted! below: (Attach  acopy of deed)  This, the  dayof Signature  20_    Southwestern Community College  2402  VIII. CERTIFICATION OF LOCAL BUDGET SUPPORT ESTIMATED OPERATING/UTILITY ANNUAL COST FOR CAPITAL IMPROVEMENT PROJECTS  Date:  Project Name: Firel Rescue Training Center Project Completion Date:  College: Southwestern Community College  Contact Name:  Additional Cost Identification Staffing (Housekeeping & Facillty Operator) additional annual cost Plant Maintenance additional annual cost Other Operating Cost additional annual cost Electric Fuel (Gas, Oil) Water Telecommunications  1st Yearof 2nd' Yearc of 3rd Year of 4th' Year of 5th Year of Average Additional  Operation Operation Operation  Operation FY  Operation FY  Annual Cost  FY  FY  FY  $36,000 $32,000 $0 $2,400 $2,500 $7,800 $1001  $36,720 $16,000 $0i $2,448 $2,550 $7,956 $102  $37,454 $16,000 $0 $2,497 $2,601 $8,115 $104  $38,203 $16,000 S0 $2,547 $2,653 $8,277 $106  $38,968 $16,000 $0 $2,598 $2,706 $8,443 $108  $37,469 $19,200 $0 $2,498 $2,602 $8,118 $104 $69,991  Total Average Annual Cost (used in Section VI ofthe 3-1)  Icertify that the county has reviewed this information as a part of the approval process.  County Manager/Financo Officer  3-1 Allachment Local Certification ofs Support    STATE OF NORTH CAROLINA COUNTY OF MACON  RESOLUTION OF THE MACON COUNTY BOARD OF COUNTY COMMISSIONERS DECLARING PROPERTY TO BE SURPLUS AND APPROVING A ONE YEAR LEASE  OFTHESAME BY MACON COUNTYTO. AGI, LLC.  THAT WHEREAS, Macon County owns certain real property being described in the Lease toAG1,LLC, ,a North Carolina Limited Liability Company, a copy ofwhichi is attached! hereto; and WHEREAS, Macon County does not presently have a use for the same; and  WHEREAS, Macon Countydesires to declare the same tol be: surplus and authorize the entry ofthel Leaseto AGI,LLG,aNorth Carolina Limited Liability Company, acopyo ofwhich is attached  hereto, for the period of one year from December 1, 2020; and  WHEREAS, pursuant to N.C. Gen. Stat. $ 160A-272, Macon County is authorized to cnter into the Lease to AGI, LLC, a North Carolina Limited Liability Company, a copy of which is  attached hereto, upon the passing ofal Resolution authorizing the same. NOW THEREFORE, upon Motion of Commissioner  seconded by Commissioner  and duly approved, beit  hereby resolved by the Macon County Board of County Commissioners as follows:  RESOLVED, that Macon County will not have ai need for the real property describedi ini the LeasetoA AG1,LLC,al North Carolina Limited Liability Company, acopyofwhichi is attached hereto and incorporated: herein by reference for and during the term ofsuch lease and does hereby declare  the same to be surplus property; and  RESOLVED, that Macon County does hereby authorize the entry into the Lease to AG1, LLC, a North Carolina Limited Liability Company, a copy of which is attached hereto and incorporated herein by reference, for the period of one year from December 1, 2020, through  November 30, 2021; and  RESOLVED, that Derek Roland, Macon County Manager, is herbyauthorizedand: idirected to: fill in any blanks upon the samc and execute said Lease to AG1,LLC., a North Carolina Limited  Liability Company, on behalfofN Macon County.  Adopted at the November 10, 2020, Regular Mecting of the Macon County Board of  Commissioners.    James Tate, Chairman, Macon County Board of  County Commissioners  ATTEST:  Derek Roland, Macon County Manager and Clerk to the Board (Official Seal)  2    NORTH CAROLINA MACON COUNTY  LEASE TO. AG1, LLC, FROM MACON COUNTY  AI NORTH CAROLINA LIMITED LIABILITY COMPANY,  This lease is made this Ist day of December, 2020, by and between MACON COUNTY, a body corporate and politic organized and existing under the laws of the State of North Carolina, hereinafter called the "Lessor," and AG1, LLC, a North Carolina Limited Liability  Company, hereinafter called the "Tenant."  WITNESSETH:  That, subject to the terms and conditions hereinafter set forth, the Landlord does hereby demise and let and the Tenant does hereby rent and hire from the Landlord, those certain premises (hereinafter referred to as the "Premises") located at the Macon County Business Development Center and more particularly shown in yellow and blue on Exhibit A attached (1) Premises. Lessor leases unto the Tenant, and the Tenant accepts upon the full terms and conditions oft this lease, that certain space located in the Macon County Business Development Center at the Macon County Industrial Park near Franklin, NC, as specifically shown in yellow and blue on the drawing oft the floor plan of the Business Development Center which is attached hereto as Exhibit A and incorporated herein by reference as limited hereinafter. The space designated on the drawing attached hereto as Exhibit A in the color yellow is leased unto the Tenant for Tenant's exclusive use. The spaces outlined in blue and designated on the drawing as the Men's and Women's Restrooms, Lounge, Janitor's Closet, Corridors, Loading Dock, Halls and Waiting Room may be used by Tenant for Tenant's non-exclusive use in common with any other tenants in the Business Development Center and Lessor, together with such portion of the premises as is reasonablynecessary for access, parking and use oft the leased premises. (2) Term. Subject to the terms below, this lease shall commence December 1, 2020, and shall (3) Rent. The Macon County Busincss Development Center is owned by Macon County as a small business incubator to promote economic development and the growth of jobs in Macon County. The lease of the premises to Tenant is in furtherance of that policy. The monthly rent for thc aforementioned space is $1,840.00 per month. Rent is duc and payable on the Ist day of (4) Use of Premises. The leased premises shall only be used by Tenant for producing, packaging  hereto and incorporated herein as limited hereinafter.  continue for a term expiring November 30, 2020.  each month in advance.  1    and distributing lawful Industrial Hemp, lawful wholesale flower material and lawful CBD oil. No growing of plants shall occur upon the leased premises. Notwithstanding anything to the contrary contained herein, Tenant must at all times comply with all Federal, State and Local laws, statutes regulations and rules concerning the growth, manufacture, packaging and distribution of lawful Industrial Hemp and related products, including, but not limited to lawful CBD oil. Nothing contained in this Lease shall be construed to authorize Tenant to conduct any illegal activities whatsoever upon the leased premises and all illegal activities may not occur upon the leased premises and are hereby expressly prohibited by the terms oft this Lease. (5).1 No Assignment. This lease shall not be assigned by Tenant nor shall Tenant sublet the leased (6) Tenant's Responsibiities for Repairs. Tenant agrees to accept the premises in their present condition and to maintain the interior components of the portion of the premises leased to Tenant in a good state of repair during the term of this lease. Interior components shall include the floors, walls, ceilings, electrical components, lighting fixtures, plumbing and plumbing fixtures. Tenant shall be responsible for interior repairs in the portions of the premises leased to it exclusively and in common with other tenants. If other space in the Center is leased to existing or additional tenants, the tenants shall establish a procedure by which all tenants using the common area shall share in the cost of such maintenance. At termination, Tenant shall surrender the premises to the Lessor in as good condition as they now are, except for ordinary wear and (7)Lessor's Responsibilities for Repairs. Lessor shall make all necessary repairs to the exterior of the premises, including the parking and driveway areas, exterior walls, windows and roof. In the event the premises or any part thereofare substantially damaged by fire or other casualty to the extent that necessary repairs will exceed twenty percent of the value of the building, the parties agree that Lessor shall have no obligation to make the repairs and Lessor may clect to either (8)Maintenance. Tenant shall be solely responsible for all routine and recurring maintenance, including cleaning, trash removal and painting of the interior portion of the premises leased to it exclusively and the portion of the premises leased to is as common area with other tenants. If other space is leased to existing or additional tenants, the tenants shall establish a procedure by which all tenants using the common area shall share in the cost of such maintenance. Lessor shall continue to maintain the exterior premises including the parking areas, driveways and (9)Abatement of Nuisances and Appearance. Tenant shall comply with all laws, rules and regulations of any governmental jurisdiction applicable to the leased premises and shall take all measures necessary to prevent or abate nuisançes or other grievanccs arising out of the manner of the occupancy of the premises for its business purposes. Tenant shall further maintain the appearance of the premises in manner that is aesthetically pleasing and consistent with other business users in the neighborhood and shall not accumulate trash or debris nor display  premises or any portion thercof.  teari incident to the use of the premises.  make the necessary repairs or to terminate the lease.  andscaping/mowing.  merchandise on the premises.  2    (10)Utilities. Lessee shall be responsible for furnishing its utilities for Unit D shown on Exhibit A attached hereto. Lessor will provide utilities for the balance ofthe leased premises. (11)Alterations. Tenant shall not make any alterations, additions or improvements to the premises without first obtaining written permission from the Lessor and any such alterations, additions or improvements which are permitted shall inure to the benefit of the Lessor upon (2)Indemmyication Tenant shall indemnify Lessor and hold it harmless from and against any and all claims, actions, damages, liability and expense in connection with the loss of life, personal injury or damage to property occurring in or about, or arising out of, the leased premises, or occasioned wholly or in part by any act or omission ofTenant, its agents, licensees, concessionaires, customers or employees. In the event Lessor shall be made a party to any litigation, commenced by or against Tenant, its agents, licensees, concessionaires, customers or employees, then Tenant shall protect and hold Lessor harmless and shall pay all costs, expenses and reasonable attorneys' fees included or paid by Lessor in connection with such litigation. 3Environmenta Matters. With respect to any pollutants, contaminants, chemicals, or industrial, toxic or hazardous substance or material defined as such in, or for purposes of, all applicable environmental laws, rules, regulations and ordinances now or hereafter in effect ("Environmental Laws"), including without limitation, any waste constituents coming within the definition or list of hazardous substances in 40 C.F.R. SS 261.1 through 261.33 ("Hazardous Material"), the Tenant represents, warrants and covenants that it will indemnify and hold Lessor harmless from and against any and all losses, liabilities, damages, injuries, interest, deficiencies, fines, penalties, costs, expenses, attorneys' fees, disbursements, and costs of investigation and clean-up, including without limitation, claims, suits, and proceedings by federal, state, or local government authorities with respcct to, or as a direct or indirect result of (i) the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission, discharging or releasing from, the property of any Hazardous Material, if such occurs during the term of the lease, (ii) any other environmental pollution, including without limitation, any contaminant, waste, irritant or pollutant, discharged into or otherwise contained in the environment at or adjacent to the property if such occurs during the term oft the lease, (in) non-compliance relating to the Tenant's business or the property with any Environmental Law or any other federal, state or local statute, law, ordinance, rule, regulation, order or decree, or (iv) the inaccuracy, misrepresentation or violation or default of or under any matter set forth in this section unless any such loss, liability, damage, injury or the like is directly caused by negligent acts of the Lessor. In addition, the Tenant shall at all times keep on file with the Maçon County Fire Marshall a list of any of the materials, substances, or chemicals described in this paragraph and stored or kept on the leased (14)Incidents of Default. Each and every term of this lease is a material part of this lease and continuation of the lease is conditioned on the parties' adherence to its terms. The breach or threatened breach ofany oft the lease terms by the Tenant shall be deemed an incident of default. A declaration ofinsolvency or the filing of a petition of bankruptcy by the Tenant shall also be  expiration oft the lease and surrender of the premises byt the Tenant.  premises.  3    deemed an incident of default. In the event Tenant defaults as defined in this paragraph, Lessor may declare the lease terminated and retake possession of the premises upon allowing Tenant a reasonable time to vacate the premises and remove its personal property from the premises.  In testimony whereof, the partics have signed this lease on the date first written above in  duplicate originals, one ofwhich is retained by each oft the parties.  COUNTY OF MACON Macon County Manager  By:  AG1, LLC, a North Carolina Limited Liability Company By: President  4    Exhibit A Lease to. AG1,LLC aNorth Carolina Limited Liability Company  KEY: Tenant's Exclusive Use Non-exclusive common: areas      STATE OF NORTH CAROLINA COUNTY OF MACON  RESOLUTION OF THE MACON COUNTY BOARD OF COUNTY COMMISSIONERS DECLARING PROPERTY TO BE SURPLUS AND APPROVING A ONE YEAR LEASE OF THE SAME BY MACON COUNTYTO1 TECO SSL INC, A TENNESSEE BUSINESS  CORPORATION.  THAT WHEREAS, Macon County owns certain realj property being described in the Lease toTECOS SSL INC., a Tennessee Business Corporation, a copy of which is attached hereto; and WHEREAS, Macon County does not presently have a use for the same; and  WHEREAS, Macon County desires to declaret thes same tol be: surplus and authorize the entry oft the Lease to TECO SSL INC., a Tennessee Business Corporation, a copy of which is attached  hereto, for the period ofone year from November 14, 2020; and  WHEREAS, pursuant tol N.C. Gen. Stat. $ 160A-272, Macon County is authorized to enter into the Lease to TECOSSLI INC., a Tennessee Business Corporation, a copy ofwhich is attached  hereto, upon the passing ofal Resolution authorizing the same. NOW THEREFORE, upon Motion of Commissioner  seconded by Commissioner  and duly approved, be it  hereby resolved by the Macon County Board ofCounty Commissioners as follows:  RESOLVED, that Macon County will not have ai need for the real property described in the Lease to TECO SSL INC., a' Tennessee Business Corporation, a copy ofv which is attached hereto and incorporated herein by reference for and during the term ofs such lease and does hereby declare  the same to be surplus property; and  RESOLVED, that Macon County does hereby authorize the entry into the Lease to TECO SSL INC., a Tennessee Business Corporation, a copy ofwhich is attached hereto and incorporated herein by reference, for the period of one year from November 14, 2020, through the end of  November 13, 2021; and  RESOLVED, that Derek Roland, Macon County Manager,is Bhandyauhwtiadimdirsed to fill in any blanks upon the same and execute said Lease to TECO SSL INC., a Tennessee  Business Corporation, on behalfofMacon County.  Adopted at the November 10, 2020, Regular Meeting of the Macon County Board of  Commissioners.    James Tate, Chairman, Macon County Board of  County Commissioners  ATTEST:  Derek Roland, Macon County Manager and Clerk to the Board (Official Seal)  2    NORTH CAROLINA MACON COUNTY  LEASE TOTECO SSL INC., A TENNESSEE BUSINESS CORPORATION, FROM MACON COUNTY  This lease is made this 14th day ofNovember, 2020, by and between MACON COUNTY, a body corporate and politic organized and existing under the laws of the State of North Carolina, hereinafter called the "Lessor," and TECO SSL INC., a Tennessee Business  Corporation, hereinafter called the "Tenant."  WITNESSETH:  That, subject to the terms and conditions hereinafter set forth, the Landlord does hereby demise and let and the Tenant does hereby rent and hire from the Landlord, those certain premises (hereinafter referred to as the "Premises") located at the Macon County Business Development Center and more particularly shown in yellow and blue on Exhibit A attached (1) Premises. Lessor leases unto the Tenant, and the Tenant accepts upon the full terms and conditions of this lease, that certain space located in the Macon County Business Development Center at the Macon County Industrial Park near Franklin, NC, as specifically shown in yellow and blue on the drawing of the floor plan oft the Business Development Center which is attached hereto as Exhibit A and incorporated herein by reference as limited hereinafter. The space designated on the drawing attached hereto as Exhibit A in the color yellow is leased unto the Tenant for Tenant's exclusive use. The spaces outlined in blue and designated on the drawing as the Men's and Women's Restrooms, Lounge, Janitor's Closet, Corridors, Loading Dock, Halls and Waiting Room may be used by Tenant for Tenant's non-exclusive use in common with any other tenants in the Business Development Center and Lessor, together with such portion of the premises as is reasonably necessary for access, parking and use ofthel leased premises. (2) Term. Subject to the terms below, this lease shall commence November 14, 2020, and shall continue for a term expiring at the end of November 13, 2021. THATNOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LESSOR MAY END THIS LEASE UPONJODAISNOTICE TO EMNTITTIQUTIEGAL CONSEQUENCE. (3) Rent. The Macon County Business Development Center is owned by Macon County as a small business incubator to promote economic development and the growth of jobs in Macon County. The lease oft the premises to Tenant is in furtherance of that policy. The monthly rent for thc aforementioned space is $1,218.00 per month. Rent is due and payable on the 14th day of  hereto and incorporated herein as limited hereinafter.  each month in advance.    (4) Use of Premises. The leased premises shall only be used by Tenant for a business that does Design & Manufacture LED Paint Inspection Lighting Systems for OEM Automotive (5) No. Assignment. This lease shall not be assigned by Tenant nor shall Tenant sublet the leased (6) Tenant's Responsibilities for Repairs. Tenant agrees to accept the premises in their present condition and to maintain the interior components oft the portion oft the premises leased to Tenant in a good state of repair during the term of this lease. Interior components shall include the floors, walls, ceilings, electriçal components, lighting fixtures, plumbing and plumbing fixtures. Tenant shall be responsible for interior repairs in the portions of the premises leased to it exclusively and in common with other tenants. If other space in the Center is leased to existing or additional tenants, the tenants shall establish a procedure by which all tenants using the common area shall share in the cost of such maintenance. At termination, Tenant shall surrender the premises to the Lessor in as good condition as they now are, except for ordinary wear and (7)Lessor's Responsibilities) for Repairs. Lessor shall make all necessary repairs to the exterior of the premises, including the parking and driveway areas, exterior walls, windows and roof. In the event the premises or any part thereof are substantially damaged by fire or other casualty to the extent that necessary repairs will exceed twenty percent oft the value oft the building, the parties agree that Lessor shall have no obligation to make the repairs and Lessor may elect to either Maintenance. Tenant shall be solely responsible for all routine and recurring maintenance, including cleaning, trash removal and painting oft the interior portion oft the premises leased to it exclusively and the portion of the premises leased to is as common area with other tenants. If other space is leased to existing or additional tenants, the tenants shall establish a procedure by which all tenants using the common area shall share in the cost of such maintenance. Lessor shall continue to maintain the exterior premises including the parking areas, driveways and (9)Abatement of Nuisances and Appearance. Tenant shall comply with all laws, rules and regulations of any governmental jurisdiction applicable to the leased premises and shall take all measures nccessary to prevent or abate nuisances or other grievances arising out of the manner of the occupancy of the premises for its business purposes. Tenant shall further maintain the appearance of the premises in manner that is aesthetically pleasing and consistent with other business users in the neighborhood and shall not accumulate trash or debris nor display (10)Utilities. Lessee shall be responsible for furnishing its utilities for Unit B shown on Exhibit A attached hereto. Lessor will provide utilities for the balance ofthe leased premises.  Manufacturers such as TESLA, TOYOTA, FORD and Etc.  premises or any portion thereof.  teari incident to the use of the premises.  make the necessary repairs or to terminate the lease.  landscaping/mowing.  merchandise on the premises.  2    (1I)Alterations. Tenant shall not make any alterations, additions or improvements to the premises without first obtaining written permission from the Lessor and any such alterations, additions or improvements which are permitted shall inure to the benefit of the Lessor upon (2)Indemmification. Tenant shall indemnify Lessor and hold it harmless from and against any and all claims, actions, damages, liability and expense in connection with the loss of life, personal injury or damage to property occurring in or about, or arising out of, the leased premises, or occasioned wholly or in part by any act or omission ofTenant, its agents, licensees, concessionaires, customers or employees. In the event Lessor shall be made a party to any litigation, commenced by or against Tenant, its agents, licensees, concessionaires, customers or employees, then Tenant shall protect and hold Lessor harmless and shall pay all costs, expenses and reasonable attorneys' fees included or paid by Lessor in connection with such litigation. (13)Environmental Matters. With respect to any pollutants, contaminants, chemicals, or industrial, toxic or hazardous substance or material defined as such in, or for purposes of, all applicable environmental laws, rules, regulations and ordinances now or hereafter in effect ("Environmental Laws"), including without limitation, any waste constituents coming within the definition or list of hazardous substances in 40 C.F.R. 88 261.1 through 261.33 ("Hazardous Material"), the Tenant represents, warrants and covenants that it will indemnify and hold Lessor harmless from and against any and all losses, liabilities, damages, injuries, interest, deficiencies, fines, penalties, costs, expenses, attorneys' fees, disbursements, and costs of investigation and clean-up, including without limitation, claims, suits, and proceedings by federal, state, or local government authorities with respect to, or as a direct or indirect result of (i) the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission, discharging or releasing from, the property of any Hazardous Material, if such occurs during the term of the lease, (i) any other environmental pollution, including without limitation, any contaminant, waste, irritant or pollutant, discharged into or otherwise contained in the environment at or adjacent to the property if such occurs during the term of the lease, (ii) non-compliance relating to the Tenant's business or the property with any Environmental Law or any other federal, state or local statute, law, ordinance, rule, regulation, order or decree, or (iv) the inaccuracy, misrepresentation or violation or default of or under any matter set forth in this section unless any such loss, liability, damage, injury or the like is directly caused by negligent acts of the Lessor. In addition, the Tenant shall at all times kecp on filc with the Macon County Fire Marshall a list of any of the materials, substances, or chemicals described in this paragraph and stored or kept on the leased (14)Incidents of Default. Each and every term of this lease is a material part of this lease and continuation of the lease is conditioned on the parties' adherence to its terms. The breach or threatened breach ofany of the lease terms by the Tenant shall be deemed an incident of default. A declaration of insolvency or the filing of a petition of bankruptcy by the Tenant shall also be deemed an incident of default. In the event Tenant defaults as defined in this paragraph, Lessor may declare the lease terminated and retake possession of the premises upon allowing Tenant a reasonable time to vaçate the premises and remove its personal property from the premises.  expiration oft the lease and surrender oft the premises by the Tenant.  premises.  3    (15) E-Verification. Tenant shall comply with the requirements of Article 2 of Chapter 64 ofthe North Carolina General Statutes. Further, ifTenant utilizes a subcontractor, Tenant shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of thc General  Statutes.  In testimony whereof, the parties have signed this lease on the date first written above in  duplicate originals, one ofwhich is retained by each ofthe parties.  COUNTY OF MACON Macon County Manager  By:  TECOSSLINC. By: President  A Tennessee Business Corporation  4    EXHIBIT A  D    RESOLUTION OF THE MACON COUNTY BOARD OF COMMISSIONERS THAT WHEREAS, Macon County owns aj panoramic x-ray machine; and WHEREAS, North Carolina General Statute $ 160A-269 permits the County to WHEREAS, the County has received an offer to purchase the property described WHEREAS, Nathan Brenner, DMD has paid the required five percent (5%) THEREFORE, THE MACON COUNTY BOARD OF COMMISSIONERS 1. The Macon County Board ofCommissioners authorizes sale oft the property described above through the upset bid procedure of North Carolina General 2. The County Manager shall cause ai notice of the proposed sale to be published. The notice shall describe the property and the amount oft the offer, and shall 3. Persons wishing to upset the offer that has been received shall submit a sealed bid with their offer to the office ofthe County Manager within 10 days after the notice of sale is published. At the conclusion of the 10-day period, the County Manager shall open the bids, ifany, and the highest such bid will become the new offer. Ift there is more than one bid in the highest amount, the 4. Ifa qualifying higher bid is received, the County Manager shall cause a new notice of upset bid to be published, and shall continue to do sO until a 10-day period has passed without any qualifying upset bid having been received. At that time, the amount oft the final high bid shall be reported to the Board of 5. A qualifying higher bid is one that raises the existing offer by not less than ten percent (10%) ofthe first $1,000.00 oft that offer and five percent (5%)ofthe 6. Ac qualifying higher bid must also be accompanied by a deposit in the amount offive percent (5%) oft the bid; the deposit may be made in cash, cashier's check, or certified check. The county will return the deposit on any bid not accepted, and will return the deposit on an offer subject to upset ifa qualifying higher bid is received. The county will return the deposit oft the  AUTHORIZING UPSET BID PROCESS  sell property by upset bid, after receipt of an offer for the property; and above, in the amount of $4,000, submitted by Nathan Brenner, DMD; and  deposit on his offer; RESOLVESTHAT:  Statute $ 160A-269.  state the terms under which the offer may be upset.  first such bid received will become the new offer.  Commissioners. remainder ofthat offer.  final high bidder at closing.    7. The terms oft the final sale are that:  the Board ofCommissioners must approve the final high offer before the sale is closed, which it will do within 30 days after the final upset  bid period has passed, and  the buyer must pay in full at the time of closing.  8. The county reserves the right to withdraw the property from sale at any time before the final high bid is accepted and the right to reject at any time all bids. 9. Ifno qualifying upset bid is received after the initial public notice, the offer set forth above is hereby accepted. The County Manager is authorized to execute the instruments necessary to convey the property to Nathan Brenner,  DMD.  NOW1 THEREFORE, upon Motion of Commissioner  seconded by Commissioner  and duly approved, be it hereby resolved the Macon  County Board of Commissioners authorizes the sale ofaj panoramic x-ray machine through the upset bid procedure ofNorth Carolina General Statute S 160A-269:  Adopted at the November 10, 2020, Regular Meeting oft the Macon County Board  ofCommissioners.  Jim Tate, Chairman of the Macon County Board of Commissioners  ATTEST:  Clerk to the Board (Official Seal)    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - CONSENT AGENDA  MEETING DATE: November 10, 2020  Item 12A. Minutes from the September 8, 2020 regular meeting and the September 29, 2020 special meeting are attached for your review and Item 12B. Budget Amendments #103-104 are attached for your review and Item 12C. Tax releases in the amount of $4,314.59 for the month of October. A detail copy of those releases is attached for your review and Item 12D. A copy of the ad valorem tax collections report for the month of November. The report shows a collection rate of4 48.49 percent as ofOctober 31, 2020. No action is required on this item. (Teresa McDowell)  approval. (Mike Decker) approval. (Lori Carpenter)  approval. (Teresa McDowell)    MACON COUNTY BOARD OF COMMISSIONERS  SEPTEMBER 8, 2020 MINUTES  Chairman Tate called the meeting to order at 6:00 p.m. and welcomed those in attendance. All Board Members, County Manager Derek Roland, Deputy Clerk Mike Decker, Finance Director Lori Carpenter, County Attorney Chester Jones, members of the news media and interested citizens were present. ANNOUNCEMENTS: Commissioner Beale announced that the No Wrong Door program received a $1,000 Excellence in Innovation" award from the Local MOMENT OF SILENCE: Chairman Tate asked those in attendance to observe a PLEDGE TO THE FLAG: Led by Sheriff Robert Holland, the pledge to the flag  Government Federal Credit Union (LGFCU).  moment of silence. was recited.  PUBLIC COMMENT PERIOD: No one signed up to speak.  ADDITIONS, ADJUSTMENTS TO AND APPROVAL OF THE AGENDA: Upon a motion by Commissioner Beale, seconded by Commissioner Shields, the board voted unanimously to approve the agenda, as adjusted, as follows: Toadd an update on the Request For Proposal for the Macon County High- Speed Internet Access Service Expansion Project under Old Business as Tor remove Item 11C - Discussion regarding National Guard Armory being used as a virtual learning site for Macon County Schools, from New To add discussion of Macon Program for Progress (MPP) child care help as the new Item 11C under New Business, per Commissioner Beale. NC GREENPOWER GRANT: Jennifer Love, the STEM (Science, Technology, Engineering, and Mathematics) Coordinator for Macon County Schools, informed the board of a grant opportunity through NC GreenPower that would provide for a small solar power: installation atl Mountain View Intermediate (MVI) School. Ms. Love explained that the school system was one of 10 recipients of a partial grant to fund the project, but said that a fundraising effort was needed to come up with $6,000 in matching funds before September 30th, and that the system was  Item 10B, per Mr. Roland. Business, per Mr. Roland.  Minutes 09.08.20 Page 1 of7    still $1,500 short of that goal. She said her presentation was part of an effort to let the community know about the project, which will not only help fifth and sixth graders learn more about alternative energy, but will generate about $800 worth of electricity annually, which will be subtracted from the school system's power bill. The project is expected to have a 40-year life span, and will also contain a weather station. She said the solar array would be installed between October and December, and will generate five kilowatts of electricity. Commissioner Shields made a motion to fund the remaining $1,500, noting that the system will "lose everything" if the $6,000 is not raised. Commissioner Beale seconded the motion, but added his hope that "others come through" to help raise the remainder needed. Ms. Love said she has "verbal commitments" that could bring the needed amount down to $500, but also noted that anything raised about the $6,000 will allow for a larger solar array. In his second to the motion, Commissioner Beale suggested taking the $1,500 from the contingency line item. Ms. Love said the county board of education is in full support of the project, but cannot contribute as a body, although the members have contributed individually. The board voted unanimously to approve the motion. UPDATE ON SERVICES OFFERED THROUGH THE CRAWFORD SENIOR CENTER: Patrick Betancourt, the Director of the Department of Social Services, and Jennifer Hollifield, the Administrative Officer at the Crawford Senior Center, presented an update on the variety of services offered through the center during the COVID-19 pandemic, which forced the center to close. Mr. Betancourt explained that the center switched from serving congregate meals to offering them in a "drive thru" capacity, and said the department didn'tmiss a beat." In fact, he pointed out that number of congregate/drive thru meals served grew from 7,317 through August of 2019 to 18,496 through August of 2020 - an increase of nearly 153 percent. During those same time periods, the number of home delivered meals went from 12,172 to 14,245, an increase of just more than 17 percent. He also expressed his appreciation to Macon County Transit, as that department had as many as four drivers per day helping deliver those meals. Ms. Hollifield then gave the board an overview of the programs, over and above the meals, that were being offered through the center. This includes "well check" calls on the center's participants, handling some COVID-19 related questions, calls to check on Adult Day Care participants, and "drive-by visits" to the homes of some attendees. She said the department is using Zoom to offer activity classes, and hands out books, puzzles and videos. Bingo is being offered as a drive thru activity, and there will be a drive thru flu shot clinic as well. She noted that plans call for some Halloween, Veterans Day, Thanksgiving and Christmas activities as well. Commissioner Beale said that there is "nothing to compare" to this effort in the seven-county Southwestern Commission region, and thanked the center's volunteers for their efforts. No action was necessary.  Minutes 09.08.20 Page 2 of7    TEEM HOLLOW UPDATE: Mr. Jones provided the board with an update on the situation in Teem Hollow, which has been the focal point of comments during the board's public comment period at the July and August regular meetings. He said the board had requested that he and Mr. Roland look into the situation following comments made at those meetings, and that he, Mr. Roland and other county officials met with several of the neighboring property owners on August 20th. He said the group met for nearly two hours, and that he shared with the neighbors that they must have admissible evidence" regarding activities that are believed to be taking place on the property in question. He said he told the group to" "keep their eyes open," but that he also explained it was important for them tol understand that there are things the county can do and things it cannot. He also advised them that they might need to retain an attorney to pursue these matters further. He said that a nuisance action might be brought under Chapter 19 of the state's general statues, but said the group is lacking evidence for that. He also said that criminal records, calls to 911 and sheriff's department reports had been reviewed, but most of the criminal conduct has been at the misdemeanor level. In addition, he said the problem has been examined from a solid waste perspective, along with an environmental health perspective, and as to what other actions the county might take, ranging from social services to taxation of junk cars and junk campers stored on the property. Mr. Jones told the board he has personally driven to the property, adding, "It is a mess." In short, he said that the county's solid waste ordinance may apply to the situation, and asked that he and Solid Waste Director Chris Stahl be allowed to work on the matter further. He said it is important for the neighbors to consider forming a group and hiring an attorney, if they feel like there has been a crime. Per Chairman Tate, the consensus oft the board was to allow Mr. Jones and Mr. Stahl OFFER TO PURCHASE PROPERTY: Mr. Jones explained that a new offer to purchase property located at 11099 Buck Creek Road in Highlands, NC had been prepared for the board's consideration. He said the revised offer represents the tax value of the land minus the value of an old mobile home on the property. The new offer is $77,800, plus $500 of earnest money, the latter of which the county has already paid and will be carried forward. Commissioner Beale noted this presents the county an opportunity to expand the Highlands recreation park, and made a motion to approve the offer as presented. Commissioner Shields seconded the motion. Mr. Roland noted that the motion would need to include an appropriation of $77,800 from fund balance, along with the accompanying budget amendment. The board voted unanimously to approve the motion. An unexecuted copy of the Agreement for Purchase and Sale of Real Property" is attached (Attachment 1) and is hereby made a part of these minutes. REQUEST FOR PROPOSAL FOR HIGH-SPEED INTERNET ACCESS SERVICE EXPANSION PROJECT: Mr. Roland said that county officials had learned of an  to continue to address the situation. No action was taken.  Minutes 09.08.20 Page 3 of 7    opportunity with regard to the Request For Proposal (RFP) for the county's high- speed internet access service expansion project that would allow a company to leverage this proposal to go toward a larger state-run initiative. Tommy Jenkins, the county's Economic Development Director, told the board this is a "fast track program" and that with minor changes to the RFP, it could work in conjunction with the state program. Mr. Jones said that Keith Conover, a broadband consultant with the state who worked with the county on its RFP, recommended that the county "hold up" and revise the document to make it "friendly" to the GREAT grant program. The Growing Rural Economies with Access to Technology (GREAT) Program helps fund the development of broadband within unserved areas of economically distressed counties, generally defined as those with a Tier lor Tier 2 designation by the state. After further explanation, Mr. Jones asked that the board approve the RFP with blanks in the document regarding dates, and if those responding to the RFP can show a partnership with a local government, they can get grant points. Following questions from the board, Mr. Roland pointed out that the county can still make an award stemming from the RFP without the grant dollars being included. Following more discussion, Commissioner Shields made a motion to approve. the RFP as presented and to authorize Mr. Roland to fill in blanks in the document as needed, and to fix a typographical error found in the RFP. Commissioner Beale seconded the motion. In the ensuing discussion, Commissioner Gillespie asked questions and offered suggestions on three particular sections of the RFP, namely Items 2.1, 4.3 and 4.10. The board agreed to incorporate those changes into the motion and second fort the approval of the RFP. Commissioner Higdon asked if the format of this RFP would be used to solicit proposals for other parts of the county in the future, and Mr. Jones said there is no question that this will be used as the model. In closing, Mr. Jenkins reminded the board that "this is a marathon, not a sprint." The board voted unanimously to approve the RFP as amended, and the original, unexecuted version is attached (Attachment 2) and is hereby made a part of SOUTHWESTERN COMMISSION LOAN PROGRAM: Commissioner Beale made al brief announcement that the Southwestern Commission has up to $2 million available for low interest loans for small businesses affected by COVID-19. The Southwestern Commission received CARES Act grants that will fund the loans, PROPOSED REVISIONS TO TELECOMMUNICATION TOWER ORDINANCE: Mr. Jones outlined some of the proposed changes to the county's elecommunication tower ordinance, and shared that the members of the Macon County Planning Board are working to streamline the administrative approval process. He also pointed out a change that would allow for towers that are 50 to 125 feet in height to be erected if they are used exclusively for broadband purposes. Mr. Jones said he has taken the notes of County Planner Joe Allen  these minutes.  some of which could have interest rates as low as one percent.  Minutes 09.08.20 Page 4 of7    and has incorporated them into a revised draft ordinance, and that after speaking with Mr. Allen further, will send a copy to Mr. Allen for the planning board to consider, with a final version to be presented to the commissioners in the near future. Meanwhile, Mr. Jones said the board will need to schedule a public hearing on the revised ordinance at its next regular meeting. No action ALTERNATIVE JURY SITE: Mr. Jones explained to the board that, due to COVID-19, the courtrooms in the Macon County Courthouse cannot be used for jury selection and jury trials due to the requisite social distancing requirements. Because the county is required to provide adequate court facilities, he said that court officials, including Resident Superior Court Judge William Coward, have been searching for alternative sites. One that will meet the requirements is the Smoky Mountain Center for the Performing Arts (SMCPA) in Franklin, as it was determined that the facility could be set up to meet the necessary requirements. Mr. Jones went on to explain that the owner of the facility was willing to work with the county and charge a rental of $300 per day, which Mr. Jones described as a "gift." Mr. Jones encouraged the board to have him finish the negotiations for the building and to come back at the next regular meeting with a finished HEALTH CARE CONSULTANT AT MACON PROGRAM FOR PROGRESS: Commissioner Beale presented a request from Macon Program for Progress (MPP) for $12,000 to help fund a child health care consultant. He explained the need for the position, and noted that it was initially funded under a grant secured by the Macon County Public Health Department that was later "picked up" by MPP. Commissioner Beale made a motion to approve the request and to take the $12,000 from the contingency line item, noting that the position needs to be in place by the end of September. Mr. Jones said that a corresponding agreement would be needed, and asked Commissioner Beale to include that as part of his motion, which he did. Commissioner Shields seconded the motion, and all CONSENT AGENDA: Upon a motion by Commissioner Shields, seconded by Commissioner Beale, the board voted unanimously to approve the consent agenda as presented, which includes: (A) tabled approval of minutes; (B) budget amendment #56 to appropriate state, federal and treasury forfeiture funds into Fiscal Year 2020-21; #57 for the Department of Social Services (DSS) to allocate $158,176 in additional Temporary Assistance for Needy Families (TANF) funds; #58 for DSS to carry forward grant funds from Fiscal Year 2019-20; #59 for the Health Department to decrease the budget for the Minority Diabetes Prevention Grant for Fiscal Year 2020-21 by $6,274 that will cover expenses forJune 2020; #60 for Emergency Services to allocate $12,696 from an Emergency Management grant for fire task force salaries; #61 for the Health Department to  was taken.  product. Following brief discussion, no action was taken.  favored.  Minutes 09.08.20 Page 5 of7    appropriate new: funding in the amount of $238,283 for COVID-19 response; #62 for the Sheriff's Department to appropriate a $20,000 donation from the Town of Franklin for the No Wrong Door program; and #63 for the Transit Department toa adjust revenues for potential shortfalls due to COVID-19 and to add CARES Act revenue; (copies of the amendments are attached); (C) approval of tax releases for the month of August in the amount of $11,375.19; (D) approved a revised Non-Emergency Transportation Services Contract with Mountain Area Transport and Security to include a not-to-exceed amount of $65,000; and (E) received the monthly ad valorem tax collections report for the month of August (no action necessary), which shows a collection rate of 30.82 percent collected on 2020 general taxes, late listing penalties, discoveries and APPOINTMENTS: (A) BOARD OF HEALTH (multiple seats): Upon a motion by Commissioner Higdon, seconded by Commissioner Shields, the board voted unanimously to make the following appointments to the Macon County Board of The reappointment of Dr. Nathan Brenner, DMD, to the dentist slot on the The reappointment of Mitchell Bishop to the engineer slot on the board for The reappointment of Dr. Kevin Foley. However, this appointment moves Dr. Foley to the medical doctor position on the board, and will be his first The appointment of Dr. Foley opens up a general public slot on the board,  deferred taxes as of 08.31.20.  Health:  board for a term of three years. at term of three years.  three-year term in that slot.  which will be advertised on the county's website.  CLOSED SESSION: At 7:27 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(0/3) in order to preserve the attorney-client privilege. Upon a motion by Commissioner Beale, seconded by Commissioner Higdon, the board voted to come out of closed session and return APPROVAL OF APPRAISAL: Upon a motion by Commissioner Beale, seconded by Commissioner Shields, the board voted unanimously to authorize Mr. Roland to obtain an appraisal of the old county garage property, with the cost not to exceed $5,000, and the motion also approves the appropriate budget amendment  to open session at 8:34 p.m.  to take the money for the appraisal from the contingency fund.  Minutes 09.08.20 Page 6of7    ADJOURN: With no other business, at 8:38 p.m., upon a motion by Commissioner Shields, seconded by Commissioner Higdon, the board voted  unanimously to adjourn.  Derek Roland  Jim Tate Board Chairman  Ex Officio Clerk to the Board  Minutes 09.08.20 Page 7 of7    MACON COUNTY BOARD OF COMMISSIONERS  SPECIAL MEETING SEPTEMBER 29, 2020 MINUTES  Chairman Tate called the meeting to order at 6:00 p.m. as provided for in the Notice of Special Meeting of the Macon County Board of Commissioners, a copy ofwhich is attached (Attachment 1) and is hereby made a part of these minutes. All Board Members with the exception of Commissioner Gillespie, County Manager Derek Roland, Deputy Clerk Mike Decker, Finance Director Lori Carpenter and County Attorney Chester Jones were physically present, and Commissioner Gillespie joined the meeting via telephone. Also present were Mr. Roland stated that the purpose of the meeting was for the board to go into closed session to discuss personnel and to consult with the attorney. He also noted that Commissioner Gillespie has a family member who is ill, and therefore he would not be attending in person but would join the meeting via telephone. Upon a motion by Commissioner Beale, seconded by Commissioner Shields, the board voted unanimously to go into closed session at 6:01 p.m. as allowed under North Carolina General Statute 143-318.11.0)6) to consider the qualifications, competence, pertormance, character, conditions of appointment, or conditions of initial employment of a prospective officer or employee candidate, and under 143.318.11.()3) in order to preserve the attorney-chent privilege. Upon a motion by Commissioner Higdon, seconded by Commissioner Shields, the board voted unanimously to come out of closed session at 7:23 p.m. and Commissioner Gillespie was again contacted via telephone, as he was during the closed session, and once the connection was complete, Chairman Tate called the Mr. Jones explained the legal nature of Commissioner Gillespie's participation in the meeting, noting that due to the family emergency he could not be present. He asked that Commissioner Gillespie affirmatively identify himself, and  members of the news media.  return to open session.  meeting back to order at 7:24 p.m.  Commissioner Gillespie did SO.  Minutes 09.29.20 Page 1 of2    Commissioner Beale made a motion to give Mr. Roland the authority to enter into negotiations with Franklin attorney Fred Jones to replace Chester Jones as county attorney, to request a roll call vote on the motion, and to request a report from Mr. Roland on the negotiations with Fred Jones at the board's October 13, Commissioner Gillespie asked for the motion to be repeated, and the motion was repeated. Commissioner Higdon thanked Chester Jones for his years of service to the board and the county, and for his assistance in the search for his replacement. Chairman Tate conducted a roll call vote on themotion, as follows:  2020 regular meeting.  Commissioner Shields seconded the motion.  Commissioner Shields - aye. Commissioner Beale = aye. Commissioner Higdon - nay. Commissioner Gillespie = nay. Chairman Tate - aye. The motion was approved by a 3-2 vote.  With no other business, at 7:28 p.m., upon a motion by Commissioner Beale, seconded by Commissioner Shields, the board voted unanimously to adjourn.  Derek Roland  Jim Tate Board Chairman  Ex Officio Clerk to the Board  Minutes 09.29.20 Page 2 of2    MACON COUNTY BUDGET. AMENDMENT  AMENDMENT # DEPARTMENT: HEALTH EXPLANATION:  103  Received Year2 grant monies from Appalachian Mountain Community Hlth Centers. Need to increase budget in expenditures and revenues. Amount previously approved on BA#85 was $68,250 and the amount  should have been $69,900. DESCRIPTION  ACCOUNT 115128-555124 113511-426010  INCREASE  DECREASE  Appalachian Mtn Community Hlth Centers Appalachian Mtn Community Hlth Centers  1,650 1,650  REQUESTED BY DEPARTMENT HEAD huadiks  Sovlak  RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNTY MANAGER  Bulpc  ACTIONI BY BOARDOF COMMISSIONERS 14/1020 merbry  APPROVED AND ENTERED ON MINUTES DATED  CLERK    MACON COUNTY BUDGET. AMENDMENT  Date:  11/2/2020  AMENDMENTH DEPARTMENT: HEALTH  104  EXPLANATION:Ney funding received. AA115, Covid-19 Infection Prevention Support  ACCOUNT 113511-445715 115114-556011 115114-559700 115114-558600 115114-550001 115114-569502  DESCRIPTION Covid-19 Revenue Operating Non-Capital Salary Capital  INCREASE $ 59,398.00 $ 10,398.00 $ 8,000.00 $ 5,500.00 $ 15,500.00 $ 20,000.00  DECREASE  Contracted Services AA115 COVID19  REQUFSTEDBY/DEPARIMENTHEAD. RECOMMENDED BY FINANCE OFFICER APPROVEDBY COUNTY MANAGER  herlidks  benlyp  ACTION BY BOARDOF COMMISSIONERS Woke merting  APPROVED. AND ENTERED ON MINUTES DATED  CLERK    B A  -  A o  %  A e  R e  R 8 o  00 o 00 d0 00 o o  88 o 888 o  888 8 88 8 88 000 o o o 00  o o o  88 d8 88 e 00 0 08 o 00 o 0o o o o o o  88 d0  88 8 88 o 00 o  8 sn 1 co  6  LA > B  i  0  a1  E  C   883  L  82  - : :  * a  -    8888888 8 000000 o 8888888 8 000000        MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - APPOINTMENTS  MEETING DATE: November 10, 2020  13(A). Economic Development Commission (4 seats) - Per Macon County Economic Development Director Tommy Jenkins, the terms of Barbara McRae, Jim Breedlove, Brett Murphy and Bill Futral are set to expire. Mr. Jenkins reported that Ms. McRae and Mr. Breedlove have agreed to be reappointed, and he is awaiting confirmation from Mr. Murphy 13(B). Community Funding Pool (all seats) - The terms of the following members of the Community Funding Pool task force are set to expire in November. Those appointments include: Tyler Shook, Emily Ritter, Robert Shook, Andrea Anderson, Robert Smith, Sheila Jenkins, Patrick Betancourt, Jennifer Jones, Karen Wallace, Bobbie Contino, Diane Cotton, Kyle Garner and Rick Westerman. The appointment of the remaining member of the  and Mr. Futral. An update will be provided at the meeting.  task force, Karen Stiwinter, expires in December.    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - CLOSED SESSION  MEETING DATE: November 10, 2020  14.  The need for a closed session is warranted under NCGS 143.318.11(a)(3) in order to preserve the attorney/client privilege and under  43318110))rgamding the acquisition ofreal property.