Wlacon Counly  ON COUN  MACON COUNTY BOARD OF COMMISSIONERS  OCTOBER 13, 2020 AGENDA  1. Call to order and welcome by Chairman Tate  2. Announcements - Recognition of Chester Jones for his 11 years of  service as County Attorney 3. Moment of Silence 4. Pledge of Allegiance  5. Public Hearing(s) - 6 p.m. Proposed Amended and Restated NOTE: Immediately following the close of the public hearing, the board members may act on the amended and restated ordinance.  Wireless Telecommunication Facilities Ordinance  6. Public Comment Period 7. Additions to agenda  8. Adjustments to and approval of the agenda  9. eports/Presentations  (A) Update on new Southwestern Community College (SCC) burn building Curtis Dowdle, Dean of Public Safety Training (B)Tourism Development Commission (TDC) budget presentation = Linda Harbuck, Executive Director, Franklin Chamber of  Commerce 10.Old Business  (A) Update on Macon Middle School renovation project (1) Consideration of amended prequalification policy (2) Consideration of prequalification form and rating matrix (A) Proposed lease with Blue Ridge Broadcasting Corporation  11.New Business  MACON COUNTYCOURTHOUSE ANNEX PHONE 828-349-2000  5WESTI MAIN: STREET  FRANKLIN, NORTH CAROLINA: 28734  FAX: 828-349-2400    (B)Amendment to the agreement for the Guy Taylor Memorial (C)Draft lease for use of the Smoky Mountain Center for the  Scholarship  Performing Arts as an alternative jury trial site (1) Resolution declaring certain property surplus (E)] Free flu shots for uninsured individuals (F) Contract documents2for Hospice House 12.Consent Agenda - Attachment #12  (D)Housing Department  (2) Resolution making donation of a truck to Central Piedmont  Community Action, Inc.  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 July 14, 2020 regular meeting and the August (C)Tax Releases in the amount of $2,135.55 for September 2020 (F) Monthly ad valorem tax collection report - no action necessary  Commissioners.  11, 2020 regular meeting (B)Budget Amendments #76-90 (D)Settlement report for 2019 taxes (E) Refund of taxes for Phil Scruggs  3.Appointments  14.Closed session as allowed under NCGS 143-318.11a)3) for the  purpose of preserving the attorney/client privilege.  15.Aqjourn/Recess    MACON COUNTY BOARD OF COMMISSISSIONERS  AGENDA ITEM  CATEGORY - PUBLIC HEARINGS  MEETING DATE: October 13, 2020  We have a public hearing on the agenda in connection with the proposed Amended and Restated Wireless Telecommunication Facilities Ordinance. A copy of the notice of public hearing is attached, and the notice appeared twice in The Franklin Press, first on September 23rd and again on September A copy of the proposed ordinance is also attached in a "red letter/strike Also attached are letters of support from the Macon County Economic Development Commission and the Macon County Board of Education, as well as photographs supplied by Joe Allen of the Planning, Permitting and Immediately following the close oft the public hearing, the board may act on  30th, and we have received the affidavit of publication.  through" format.  Development Department. the proposed ordinance.    NOTICE OF PUBLIC! HEARING  Please take notice that the Macon County Board of County Commissioners will conduct a public hearing on Tuesday, October 13, 2020, at 6:00 o'clock, p.m., in the Commissioners Board Room located on the third floor of the Macon County Courthouse, located at 5 West Main Street, Franklin, NC 28734, concerning the proposed Amended and Restated "Wireless Telecommunication Facilities Ordinance" of Macon County, North Carolina, which amends and restates the presently existing Wireless Telecommunication Facilities Ordinance of Macon County, North Carolina. Public comment upon the same shall be received at this public hearing.  The public is invited to attend this public hearing. This the 18th day of September, 2020 Macon County Board of County Commissioners    AN ORDINANCE OF THE MACON COUNTY BOARD OF COMMISSIONERS FOR ANAMENDED AND. RESTATED "WIRELESS TELECOMMUNICATION: FACILITIES ORDINANCE" OF MACON COUNTY, NORTH CAROLINA, WIICIFCHANGESTE MAME-OFAMENDS AND RESTATESTHE EXISTING WIRELESS TELECOMMUNICATION FACILITIES TOWER ORDINANCE OFI MACON COUNTY, NORTH CAROLINA,PRESENTL-CeDHFED-N-CHAPTER154: ELECOMMUNICATIONSTOWERORDINANELOFTHEMACONCOUNTY, WHEREAS, the Macon County Board ofCommissioners did on September13,2016, adopted the Amendedand: Restated Wireless Telecommunications FaaliliesfoweOndmmnceofMaconCoumy, North Carolina, which changed the name of, amended and restated the then existing Wireless WHEREAS,teBeardofCommssiomerstiéagainamenethe-samesameomeraboutDeeembers,200i; WHEREAS, the Board of Commissioners wishes to change-themameofsuchromimamcemake certain specificamendments to the Ordinance, and restate such ordinance ini its entirety as set forth WHEREAS, thel BoardoCommisioners finds thes same tob bei in thej public interest and toj promote the public health, safety and welfare pursuant to authority vested in it by North Carolina General NOW,THEREFORE, BEI IT ORDAINED by the Macon County Board of Commissioners: that: The presently existing Wireless Telecommunication Facilities Ordinance cotifiet-Chapter15*: Feiccommumication-fowersimtne-Codeofenimancesofthe County of Macon, North Carolina, as heretofore amended, is now hereby-remamed; amended and restated in its entirety, as follows:  NORTHCAROLNACODEereNANCES  Telecommunication Tower of Macon County omerabutMay5.19.amd  and  hereinafter; and  Statutes Sections 153A-121;  CHAPTER 154: Wireless Telecommunication Facilities Ordinance  $154.01 TITLE:  This chapter shall be known and may be cited as the Wireless Telecommumication Facilities Ordinance ofMacon County, North Carolina, codified as Chapter. 154 ofThe Macon County Code  ofOrdinances Ordinance passed 5-5-1998  Ordinance revised 12-3-2001 and (09-13-2016)    $154.02 AUTHORITY AND JURISDICTION:  (A) This chapter is established by the Macon County Board of Commissioners pursuant to the authority conferred in G.S. $ 153A-121(a) and the provisions of Part 3B of Article 18 of Chapter 153A of the North Carolina General Statutes. The Board of Commissioners hereby ordains and (B) Theprovisions ofthis aperaalapyoatiuinopaniadmmanhlasont County, buts shall not be applicable to and shall not be enforced within the corporate limits or the extraterritorial jurisdictionofanymmidicpalilyinthe-couny. Thei alboingypsofimsalitions are excluded from  enacts into law the following articles and sections.  the scope ofthis chapter:  (1) Wireless Support Structures less than 50 feet in height.  (2) Premise antennas less than one meter (39.4 inches) in height or diameter. (3)] Premise antennas located totally within an enclosed building capable ofstructurally  supporting the antenna.  $154.03 PURPOSE:  Thep purposeofthis ordinance ist to ensuret the safe and efficienti integrationoffadilities necessary for thej provision of advanced mobile broadband and wireless services throughout the community and to ensure the availability ofreliable wireless services. The intent of this chapter is toi minimize the negative impact of wireless support structures and wireless facilities, establish a fair and efficient process for the review and approval ofapplications, assure an integrated, comprehensivereview of environmental impacts ofs such facilities, andj protect thel health, safety and welfare ofthe citizens of Macon County. The placement of, construction, or modifications of wireless communication facilities shall be in conformity with the Federal Communications Act of, 47 U.S.C. $332 as amended, section 6409 of the federal Middle Class Tax relief and Job Creation Act of2012, 47 U.S.C. $1455(a), and in accordance with the rules promulgated by the Federal Communications  Commission.  $154.04 APPLICABILITY:  A wireless support structure as herein defined may be placed, erected and/or maintained in the jurisdiction of Macon County only in conformance with the standards, procedures and other  requirements of this chapter. $154.05 DEFINITIONS:  For the purpose of this chapter the following definitions shall apply unless the context clearly  indicates or requires a different meaning.  2    ALTERNATIVESTRUCTURE: A structure which is not primarilyconstructed fort the purpose of holding antennas but on which one or more antennas may be mounted. Alternative structures, include, but are not limited to, buildings, silos, water tanks, pole signs, lighting standards, steeples, ANTENNA: Communications equipment that transmits, receives, or transmits and receives kctromagpscicendosgras usedint thep provisionsofallypesfwirelesscommummunicationservices. ANTENNA, CONCEALED: An antenna that is designed and erected on or in al building in such av way that it blends in with the existing facade and/or is located such that iti is not readily visible to APPLICATION: A formal request submitted to the County to construct or modify a wireless BASE STATION: A station at a specific site authorized to communicate with mobile stations, generally consisting of radio receivers, antennas, coaxial cables, power supplies and associated BUILDING PERMIT: An official administrative authorization issued by the County prior to beginning construction consistent with the provisions ofN.C. Gen. Stat. $ 153A-357. COLOCATION: Thej Phsmastarinulsidfaises: facltiesonexistingstnucturesy.ncluding electrical transmission towers, water towers, buildings, and other structures capable ofs structurally supporting the attachment of wireless facilities in compliance with applicable codes. COMMERCIAL WIRELESS SERVICE PROVIDER: Persons who operate radio systems requiring an FCC license and who employ those facilities to provide fixed wireless (including microwave) or mobile wireless communication services to third parties for compensation. Commercial wireless service providers include, but are not limited to, cellular, personal communicationservicsPcs,specializedmohlerado/SMR)mhanedspecializedmobileradio (ESMR), paging, and competitive local exchange carriers (CLEC) utilizing point-to-multpoint CREST: The uppermost line ofa mountain or a chain ofmountains from which the land falls away DISCERNIBLE: Capable ofbeing distinguished with the eye or mind from its surroundings asa ELIGIBLE FACILITIES REQUEST: A request for modification ofan existing wireless tower or base station that involves colocation ofnewtransmission equipment or Plhcememtoftamsmision  billboards and electric transmission towers.  an individual at adjacent road level. support structure or a wireless façility.  electronics.  microwave.  on at least two sides to a lower elevation.  wireless support structure.  equipment but does noti include a substantial modification.  3    EQUIPMENTCOMPOUND: An area surrounding or near thel base ofay wireless supportstructure EQUIPMENT ENCLOSURE: A building, cabinet or shelter used tol house transmitters, receivers FALL. ZONE: The Area in which a wireless support structure may be expected to fall in the event GOVERMMENTAL USER: Federal, state or local governments, or agencies or instrumentalities thereof, volunteer fire departments or rescue squads which operate radio systems (including microwave) requiring an FCC license and which employ those facilities exclusively for intra- govemmental ori inter-governmental public service, public safety or administrative purposes. ORDINANCE. ADMINISTRATOR-The Macon County Planner or his designee as assignedbythe PRIPATEBUS/NESSUSERPowwoepemiendohalisdrldingmieowax)nguling the FCC license solely for intra-company communications and who do not employ those facilities tooffer fixed or mobile wireless communication services to third parties for compensation. PROTECTED MOUNTAIN, RIDGE: A ridge at or above 3,000 feet with an elevation of 500 feet RIDGE: The elongated crest or series of crests at the apex or uppermost point of the intersection between two opposite slopes or sides ofa mountain, including all land within 100 feet below the SEARCH. RING: The area in which a wireless support facility or wireless facility must be located in order to meet service objectives of the wireless service provider using the wireless facility or SUBSTANTIAL MODIFICATION: The mounting ofay proposed wireless facility on a wireless support structure that substantially changes the physical dimensions of the support structure. A mounting is presumed to be a substantial modification ifit meets any one or more of the criteria listed below: The burden is on the County to demonstrate that ai mounting that does not meet the listed criteria constitutes a substantial change to the physical dimensions of the wireless support  within which a wireless facility is located.  and other electronic equipment and accessories in an equipment compound.  ofas structural failure, as measured! by engineering standards.  Board ofCommissioners to enforce this chapter.  or more above the elevation of an adjacent valley floor.  elevation ofany portion of such line or surface along the crest.  wireless support structure.  structure.  4    Increasing the existing vertiçal height oft the structure by the greater ofi) more than ten percent (10%) or ii) the height of one additional antenna array with separation from the 2) Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body ofa a wireless support structure that protrudes horizontally from the edge oft the wireless support structure the greater ofi) more than 20 feet or ii) more than the width oft the wireless support structure 3) Increasing the square footage of the existing equipment compound by more than 2,500 TELECOMMUNICATIONS: Technology involving the transmission or reception of wireless TOWER. HEIGHT: The vertical distance measured from the ground to the uppermost point ofthe telecommunications tower and any antenna affixed thereto, but excluding any lightning protection TOWER SITE: The real property which an applicant is required to have ownership of, leasehold UTILITY POLE: A structure that is designed for and used to carry lines, cables, or wires for VEGETATIVE CANOPY. Trees which create ai roof-like layer of spreading branches. WATER TOWER: A water storage tank, a standpipe, or an elevated tank situated on a support structure originally constructed for use as a reservoir or facility to store or deliver water. IRELESS FACILITY: The sct of equipment and network components, exclusive of the underlying wireless support structure or tower, including antennas, transmitters, receivers, base stations power supplies, cabling, and associated equipment necessary to provide wireless data and WIRELESS. SUPPORTSTRUCTURE: A new or existing structure such as a monopole, lattice tower, or guyed tower that is designed to support or capable of supporting wireless facilities.  nearest existing antenna not to exceed 20 feet.  at the level of the appurtenance.  square feet.  signals  rods extending above the tower and attached equipment.  interest in, or easement over, pursuant to $ 154.08(B) of this chapter. telephone, cable television, or electricity, or to provide lighting.  wireless elecommunications services to a discrete geographic area.  $154.061 BUILDING PERMIT REQUIRED:  Its shall be unlawful for any person, corporation, partnership or other entity to crect within thc jurisdiction of this Chapter any wireless supportstructure without first obtaining a Building Permit  5    for the same from the Macon County Building Inspections Office. However, prior to thei issuance ofanysuchl Building Permit, the Ordinance. Administralorshallrecivetheapplications forthesame, review the same, and provide approval oft the application for such Building Permit ifappropriate. Thereafter, such Building Permit ist tol bei issued byt the Macon County Building Inspections Office. Theownerofanywirkes: support structuret tol bereplaçed: shall causet thes same tol beremoved within 90 days oft the issuance ofa Certifiçate ofOccupancy fort the new wireless support structure which  ist to replace the older wireless support structure."  $154.07 APPLICATION SUBMISSION AND REVIEW PROCESS:  (A) Application requirements. Anyone desiring to construct ai new wireless support structure or substantially modify a wireless support structure shall submit an appliçation to the County for a building permit and shall payai fee. Any charges or fees assessed by the County, which are hereby specifically authorized, on account of an outside consultant shall be fixed in advance and mcoponiadimpapemitora application feeands shall bel based on the reasonable costs tol be incurred by the County in connection with the regulatory review authorized by N.C. Gen. Stat. $ 153A- 349.52. On request, the amount oft the consultant charges incorporatedi into thej permit or application fee shalll be separately identified and disclosed to the applicant. The feei imposed by the County for -Travel time or expenses, meals, or overnight accommodations incurred in review of an Reimbursements for a consultant or other third party based upon contingent fee basis or a Thes site development plan and preliminary design plans shall contain the following information and (1) Site Development. Plan- A site development plan shall be prepared by a North Carolina registered land surveyor, registered landscape architect or registered professional (a) The name of the wireless telecommunications facilities owner and/or property owner, tax parcel identification number, scale, northarrow, a copy ofthes sitep plan showing the proposed site, and latitude/longitude coordinates; (b) The name, address, signature and seal ofthe professional preparing thej plan; (c) All identifiable structures located on the parcel, all private and public roads,  review oft the application may not be used for either oft the following: application by a consultant or other third party;  results-based arrangement.  be part oft the wireless support structure permit application:  engineer, and shall contain the following:  highways and underground and overhead utilities;  6    (d) Surveyed boundary lines oft the parcel containing the proposed wireless support (e) All existing towers on thej property oranyt towers whose fall area encroachesonto t) Property owner's names, tax parcel numbers, and mailing addresses; (g) The ground elevation of the proposed wireless support structure's base, all proposed support structures, property corners and aj permanent site bench mark. (2) Preliminary Wireless Support Structure Design Plan- A preliminary wireless support structure design plan prepared by a North Carolina registered professional engineer (a) The wireless support structure permit applicant' t's name and address, scale, north (b) The name, address, signature and seal oft the engineer preparing the preliminary (c) A plan showing the base oft the wireless support structure and the foundations for all guy line anchors and support structures, all proposed buildings, and utility  structure construction area and its fall area;  the property;  containing the following:  arrow, vicinity map and tax parcel identification number;  wireless support structure design plan;  connections  (d) A wireless support structure elevation drawing showing the proposed lighting, height  oft the wireless support structure and all proposed antennas;  (e) Thej proposed wireless support structure design loads.  (f)  Wircless support structures shall be earth toned colors, or remain unpainted. (g) Thej proposed wireless support structure shall bc designed and constructed toj permit the capability for colocation of at least two other equal telecommunication uses, unless the wireless support structure is located on a protected ridge in which case one colocation  provision is required.  (3) Nothing contained in this Section shall be construed to:  7    (a). Authorize the County to require information on or evaluate an applicant's business decisions about its designed service, customer demand for its service, or quality ofi its (b). Authorize the County to require information that conçerns the specific need for the wirelesss ssupportstructure, including ifthcservicet to bej provided from the wireless support structure is to add additional wireless coverage or additional wireless capacity; and (c).Authorizet thc Countytorequire) propnelaty.conidemtial, orotherb businessi information toj justify the need for the new wireless support struçture, includingpropagation maps and (4) Proof of Regulatory Compliance- Written statements from the Federal Aviation Administration (FAA) and thel Federal Communications Commission (FCC) showing that the proposed wireless support structure complies with all buildingpermit regulations administered by that agency, or evidence that the proposed wireless support structure is exempt from those (5) Colocatlonlemathes- Applicants for new wireless facilitiesshall evaluate ther reasonable casibiityorco.ocating new antennas and equipment on an existing wireless support structure or structure within the applicant's search ring. Colocation on an existing wireless support structure is not reasonably feasible if colocation ist technically or commercially impractical or the ownerofthe existing wireless support structure: is unwilling to enteri intoac contract fors such use at a fair market value. Applicants shall provide County with information to determine whether colocation on existing wireless support structures is reasonably feasible. (6) The applicant must present tot the Ordinance Administrator poefoffesimpleowmenhp, arecorded leasehold interest or an easement from the record owner of all property within a radius of one time the height of the wireless support structure. The required area mayi include Department of Transportation right-of-way if the applicant provides written consent to that (7) Wirbsspwtencturphiang permit approval isc conditional upont the owner providing written authorization that the tower may be shared by other telecommunication facilities at (8) The applicant shall provide a letter to the ordinance administrator (See 158.08(G)) providing public entities the use ofa wirelcss support structure at fair market value on a non- interfering basis. Ifit is determined that the proposed wireless support structure is situated in al location that will benefit the telecommunication system of the county, a municipality within the county, a volunteer fire department serving the county, or other public entity, the wireless  service to or from a particular area or site;  telecommunication traffic studies.  regulations.  effect by the Division Engineer.  customary and usual charges.  8    support structure shall be engineered and constructed to accommodate the additional (9) The County shall issue a written decision approving or denying an application within a reasonable period oftime consistent with the issuançe of other land-use permits in the case of other applications, each as measured from the time the application is deemed complete. $154.08 CRITERIA FOR ISSUING A BUILDING PERMIT FOR CONSTRUCTIONS OF ANEW WIRELESS SUPPORT STRUCTURE OR SUBSTANTIAL MODIFICATIONS Applications for construction of wireless support structures, increases in wireless support structure height, or substantial increases in height of alternative structures (as defined ini this chapter), shall be submitted in writing to the Ordinance Administrator and shall contain all information required bythis chapter as well as any additional information the Ordinance Administrator deems necessary (A) No wireless support structure shall exceed 175 feet in height. No wireless support structure located on any protected mountain ridge shall have at its highest point an elevation greatert than 40 feet higher than the vegetative canopy immediately surrounding the base of the wireless support structure. Ifno vegetative canopy exists at thej protected ridge, then the maximum wireless support (B) A singles sign listing thei name oft the wireless telecommunication service providero operating the site, the site name or number and an emergency telephone number shall be posted at or near the entrance to the site sO as to be readily visible to persons outside the site's security fencing. Equipment hazard warning andi informational signs are permitted. Thej postingofanyother. signsor advertising is prohibited at any wireless telecommunication facility or upon any wireless support (C) The application must be accompanied by the payment ofai nonrefundable processing fee. The county may elect to retain outside consultants or professional services to review the application and make determinations and recommendations regarding the application. Private business users operating a single wireless telecommunication facility at their principal place of business and (D) Ifconstruction is not started within 61 months from the date ofi issuance, the wireless support (E) No antenna shall be constructed on a structure which a National Register or other locally  telecommunication equipment beneficial to the public system.  TO AN EXISTING WIRELESS SUPPORT STRUCTURE:  and appropriate, including the following:  structure height allowed shall be 100 feet.  structure.  governmental users are exempt from the application fee.  structure building permit shall expire. designated historic landmark is located.  9    (F) Fall zones and setbacks: Wireless support structures shall conform to each of the following (1) A fall zone on the parcel containing the tower site equal to the height of the wireless support structure shall be required. The fall zone shall have ai minimum 25-foot setback from GTeommsafhepopaad wireless supports structure: shall recordi int thel Macon County Register fDasdioliealaterofimten. priortot thei issuance ofthel building permit. Theletterofintent: must (I) The conditions of approval from the Macon County Board of Commissioners. (2) Written authorization that the wireless support structure may be shared by other telecommunication facilities at customary and usual charges. (3) Written authorization must also be submitted allowing Macon County to locate public safety equipment for Emergency Management, Fire Departments and Macon County Sheriff's Department on the wireless support structure. (4). Written. maintenance/remoyal agreement concerning the wireless support structure signed mdnoltiadylowrmdleaserAplamtlass: orplans tol lease theproperty upon which the wireless support structure is to be located or a written maintenance/remoyal agreement concerning the wireless support structure if Ownet/Applicantowns or willown thej propertyupon which the wireless supports tstructure (5) The letter of Intent must include language that binds subsequent owners of the wireless support structures to the original letter ofintent filed in the Macon County Register of  minimum setback requirements:  all property lines.  contain:  istol bel located. Deeds office.  $154.09 APPROVAL OF APPLICATION AND PUBLIC HEARING REQUIRED: Applications for new wireless support structures or substantial modifications of wireless support structures shall be approved or denied byt the Macon County Board ofCommissioners: and require aquasi-judicial public hearing tol be heldbefore the Macon County BoardofCommisioners before any decision is made to approve or deny an application.. If the Macon County Board of Commissioners approves the application for the permit, such approval and permit shall require the (A) Publici Notice Required-I Noticcoranappication foraproposed wireless support structure shall comply with the provisions of G.S. SS 153A-323 and 153A-343 as amended and, at a minimum,  facilities to be constructed within at least 24 months.  shall comply with the following:  10    (1) Newspaper Notice- The Ordinance Administrator shall cause ai notice ofany public hearing to bej published as al legal advertisement in ai newspaper of general circulation in Macon County once a week for two consecutive weeks, the first publication ofwhich shall not appear less than ten days or more than 25 days prior toi the date set for public hearing. The notice. shall include the date, time, and place oft the hearing as well as information about the wireless support structure including its type, height, location and anyo otherinformation the Ordinance Administrator: shall deems necessary (2) Notice to Adjacent or Abutting Property Owners- The applicant shall mail notice to affected property owners in accordance with the following provisions, ands shall provide the Ordinance Administrator with as signed certification ofcompliancelisting: the names, addresses, andi means (a) Adjacent or abutting property owners. Notice of any public hearing shall be sent by certified: mail (return receipt requested) or by Priority Mail with Delivery Confirmation to the owners ofall parcels of land adjacent to or abutting the site of the proposed wireless support structure at the last address listed for such owners in the county propcrty tax records. (b) Timeliness ofnotice.. Any notices required under the above subsections shall be mailed at least 10 but not more than 25 days prior to the date of the public hearing. (3) Posted. Notice- A sign advertising the application for aj proposed  ora appropriatc.  ofnotification before any public hearing shall be conducted:  wireless support structure, and any scheduled public hearing, shall be posted by the Ordinance Administratorina aprominent location on orI neart epmslomanchepepast wireless support structure, or on a nearby public road. Such signs shall bej posted atl least ten days prior to any public (B) Special Conditions- During the public hcaring, the Board of Commissioners shall have the authority to require special conditions in order to make the wirelcss support structure more compatible with surroundingp propertics, including one or more oft the following but not limited to: (1) Thej portion oft the wireless support structure extending above the vegetative canopy shall be camouflaged to appear like the top ofa coniferous tree with all antennas conccaled within (2) Appropriate landscaping or other means shall be used to screen the facility as much as (3) Eliminating the requirement of additional spaçes for colocations in order to reduce the  hearings.  simulated foliage;  possible from neighboring properties;  height of the wireless support structure. See 154.07(2)(g).  11    S 154.10 EXCEPTIONS. ADMINISTRATIVE REVIEW AND APPROVAL OR DENIAL OF APPLICATIONSTOCONSTRUCT, Al NEW/WIRELESS SUPPORT: STRUCTURE ORTOSUISTANTALEY MODIFY A WIRELESS SUPPORT STRUCTURE WHEN SUCHWIRELESSSUPPORTSTRUCTUREINCLUDINGTHEWIRELESSFACILITY AFFIXED THERETO WILL BE BETWEEN 50 FEET AND 125 FEET IN HEIGHT, NOTINCLUDING ANYLIGHTENING PROTECTION RODS EXTENDING ABOVE THESTRUCTURE, AND ATTACHED: EQUIPMENT, AND WIENSUCHWIRELESS SUPPORT STRUCTURE, AND WIRELESS FACILITY. AFFIXEDTHERETO SHALL BE USED EXCLUSIVELY FOR PROVIDING BROADBAND SERVICES. That notwithstanding any of the provisions oft this Ordinance to the contrary, Applications to construct a new Wireless Support Structure or to substantially modify a Wireless Support Structure when such Wireless Support Structure including the wireless facility to be affixed thereto which will be between 50 feet and 125 feet in height, not including any lightning protection rods extending above thes structure and attached equipment, and when such Wireless Support Structure and wireless facility affixed thereto shall be used exclusively for providing broadband services, shall be administratively approved or denied by the Ordinance Administratori ina accordance with thej provisions ofthis Section rather than approved or denied Such Applications shall complywith thej provisions of SS 154.07 and 154.08 ofthis Ordinance except that the following provisions thereof shall not have application to such applications:  by the Macon County Board of Commissioners.  A. $154.07 (A)(2)(g); B. $154.07( (A)(7); C. $154.07 (A)(8); D. $154.08(A); E. $154.08( (G)(1); F. $154.08 (G)(2); and G. $154.08(G)(3).  Such Applications shall comply with the following additional provisions:  A. Nosuch wireless support structure including the wireless facilitytob beaffixed thereto shall exceed 125 in height, not including any lightening protection rods extending above the  12.    structure and attached equipment and the such wireless support structure and the wireless allypkathaedlieeioahalleusdecdhainely rodhsddnset B. No such wireless support structure including the wireless facility to be affixed thereto located on any protected mountain ridge shall have at its highest point an elevation greater than 40 feet higher than the vegetative canopy immediately surrounding the base oft the wireless supportstructure, notincludingany! lightemingpolectonrods: extending abovet the structureand: attachedequipment. Ifno vegetativecanopye exists at thej protectedridge, then the maximum height of wireless support structure including the wireless facility to be affixed thereto shall be 100 feet, not including any lightening protection rods extending Such applications shall not be subject to the provisions of $ 154.09 and $ 154.14 of this Int the event that the such an application is denied by Ordinance Administrator, then and int that event the. Applicant shall have the right to appeal the decision ofC Ordinance Administrator to the Macon County Planning Board by giving notice of appeal within thirty (30) days of its Notice of Appeal to the Macon County Planning Board shall state the grounds for the appeal with specificity, and shall be submitted to the Clerk to the Macon County Board of The Chairman oft the Macon County Planning Board shall set ai reasonable time and date and time for hearing the appeal within 30 days oft the receipt of the Notice of Appeal, andj provide. notice thereofto the Applicant and Ordinance. Administrator ofthe date and time set forhearing of the appeal. Thel Macon County Planning Board shall hear the appeal and give written notice In the event that Applicant is dissatisfied with the decision of the Macon County Planning Board, the Applicant may appeal thes same to the General Court of. Justice for the State ofNorth Carolina, Superior Court Division, in Macon County, North Carolina, within 30 days ofi its $154.101 COLOCATION AND ELIGIBLE FACILITIES REQUESTS OF WIRELESS (A) There shall be an application submitted to County for colocations and eligible facilities requests in connection with wireless support structures. In the case of an application for acolocation or eligible facilitiesi request in connectionwithy wireless supportstructures, the Ordinance Administrator shall review the prelimimiyappliamtionand. determine whether  above the structure and attached equipment.  Ordinance.  receipt of the notice of denial byt the Ordinance Administrator.  Commissioners on behalfoft the Macon County Planning Board.  ofi its decision.  receipt oft the decision of the Macon County Planning Board.  SUPPORT STRUCTURES:  13    the applicant meets the criteria for a colocation or eligible facilities request. The Ordinance Administrator may require additional information from the applicant, in order tor maket the determination. Ifthe Ordinance. Administrator determines that the: application isc complete, and that the applicant meets the criteria for a colocation or eligible facilities request he shall approve the special use permit, and no hearing shall be required. (B) The Ordinance Administrator shall issuc a written decision approving or denying a colocationoreligible clitesrgustapplcation within45daysofsuchapplicationbeing (C) A nonrefundable application fee shall be required for review of colocations and eligible facilities requests. Private business users operating a single wireless elecommunication facility at their principal place of business and governmental users The county may impose a fee not to cxceed $1,000.00 for technical consultation and the reviewofacolocation or eligible Acllicregustapplication The feer must beb based ont the actual, direct and reasonable administrative costs incurred for the review, processing, and approval ofa colocation application. County may engage a third-party consultant for the technical consultation and review ofa colocation or cligible facilities request application. (D) Pursuant to section 640 ofthe federal Middle Class Tax Reliefa and Job Creation Act of 2012, 47 U.S.C. $ 1455(a), County: may not deny and shall approve any eligible facilities (E) Nothing in this Ordinance requires an application and approval for routine maintenance or limits the performance ofr routine maintenance on wireless support structures and facilities, including in-kind replacement ofv wireless facilitics. Routine maintenance includes activities associated with regular and general upkeep of transmission equipment, including the replacement of existing wireless facilities with facilities oft the same size. (F)A colocation or eligible facilities request application is deemed complete unless County provides notice that the application isi incomplete in writing to the Applicant within 45 days ofsubmission or within some other mutually agreeable time frame. The notice shall identify the deficiencies in the application which, if cured, would make the application complete. County may deem an application incomplete if there is insufficient evidence provided tos show that thep proposed colocation or eligible facilities request will comply with federal, State, andl local ateyrguremens.Couny, maynoto deem ana applicationi incomplete for any issue not directly related to the actual content oft the application and subject matter of the colocation or eligible facilities request. An application is deemed complete upon resubmission if the additional materials cure the deficiencies indicated.  deemed complete.  are exempt from the application fee.  request as provided in N.C. Gen. Stat. S 153A-349.53.  14    $154.1+2 OTHER PROVISIONS:  (A) Temporary Facilities- Temporary wireless telecommunication facilities shall be allowed (1). In the event of a natural disaster, catastrophic event or public emergency that either renders an existing wireless telecommunication facilityunusable, or creates an urgent. need for supplemental capacity toi manage the emergency, temporary facilitiesi may! be  as follows:  placed.  (B) Nonconforming Uses- Any wireless telecommunication facility in existence on the date ofe enactment. oft this chapter which does not comply in all respects with the provisions of this chapter shalll be deemed ai nonconforming use. Such pre-existing facilities maynot be increased in height without complying with the provisions oft this chapter. (C) Wireless Support Structure and Wireless Facility Lighting:  (I) Nowireless: support structure or wireless facility shalll be ofat type orl height, or placed inal location, that the Federal Aviation Administration would require the wireless support (2) A wireless support structure and/or a wireless facility may utilize a security light controlled by a motion-detection sensor at or neart the entrance to the facility. (D)Macon County Airport Restrictions- Nor new wireless support structure or wireless facility shall interfere with or protrude into the glide path ofa any runway: in any direction oft the Macon (E) Removal of Wireless Support Structure and/or the Wireless Facility affixed thereto- In the event that a wireless support structure authorized hereunder and/or the wireless facility affixed thereto falls into nonuse for aj period of twelve consecutive months or more, then the (1) The Owner of such wireless support structure shall immediately remove the same and the wireless facility affixed thereto from the lands upon which it is constructed and appropriately (2) In the event that the Owner of such wireless support structure shall fail to immediately remove the same from the lands upon which it is constructed along with the wireless facility  structure or wireless facility to be lighted or painted.  County Airport.  following rules shall apply:  store or dispose oft the same;  15    affixed thereto, then and ini that event, Macon County shall provide Owner with a demand in writing to remove the same within 30 days oft the date ofreceipt ofs such written demand; (3) In the event that the Owner oft the wireless support structure shall thereafter fail to remove the same from the lands upon which it is constructed along with the wireless facilityattached thereto, then and in that event, Macon County shall havet thei right toi filel legal action to pursue injunctive reliefto compel the Owner ofthe wireless support structure to remove thes same and (4). In the event that Macon County successfully maintains an action for injunctive relief to yalmoaraside portsmnsdurmdwpisiks facilityaffixed thereto as provided herein, Macon County may apply to the Court for and receive an award of reasonable attorneys fees from the Court against the Owner for the reasonable attorneys feesi it  the wireless facility affixed thereto;  ini fact incurs toj pursue such injunctive relief. $154.123 CONTINUED COMPLIANCE REQUIRED:  All building permits for the erection of a wireless support structure are issued in reliance upon a presumption that the wireless support structure willi inf fact conform to thej plans whichares submitted as the basis for the building permit, and once erected the wireless support structure must continue to be at all times maintained in compliance with the provisions oft this chapter..  $154.134 APPEALS: decision.  The imposition ofany conditions precedent to the issuance ofa wireless support structure permit, may be appealed to the Superior Court of Macon County within 30 days from the date of the  $154.145 PENALTY: by said statute.  A violation of this chapter shall be a misdemeanor subject to the penalties and enforcement provisionsfG.S. S 153A-123,specificallyincluding injunctions: anda abatement orders as provided  16    Upon motion made by Commissioner  seconded by Commissioner  this Ordinance was passed, adopludadonhainedbyhe: unanimous 20162020, at the Regular Meeting oft the Macon County Board of County  vote of the Macon County Board of County Commissioners on this the +3t  day of  September Commissioners.  KevinCorbin James Tate, Chairman  Attest:  Clerk to the Board of Macon County Commissioners:  (County Seal)  17    MACON COUNTY Economic Development Commission opportunlty adventure success  August 3, 2020  Macon County Planning Board 1834 Lakeside Drive Franklin, North Carolina 28734  Dear Chairman Setser and Members oft the Macon County Planning Board,  The Macon County Economic Development Commission unanimously supports proposed changes to the county Wireless Telecommunications Facilities Ordinance that would effectively fast track the application process for wireless broadband providers constructing towers! 50-125 feet in height. Administrative review and approval by planning staff, with a strict uniform set of application requirements, would establisha set of processes toi foster greater efficiencyand predictability for applicants, residents and staff, as well as elected and appointed officials. Jackson and' Watauga counties have similar ordinances in placet thathave proven successfuli lin incentivizing wireless deployment. With another round of GREATfunding available to Tier 2 counties early next year, these ordinance changes would be of great benefit to those providers seeking grant funds and an even greater benefit to the citizens of Macon County. The current COVID-19 crisis has exposed the critical need fore expanding broadband service. The proposed changes would help expedite  that expansion.  Thanky youi for your consideration: and for your service toi the citizens of Macon County,  Johhnyn Chair  23  Macon County Economic Development Commission    Macon County Board of Education Dear Chairman Breedlove:  July 20, 2020  The Macon County Planning Board is considering changes to the county's Wireless Telecommunication Facilities Ordinance that would effectively fast track the application process for wireless broadbaud providers constructing towers 50-125 feet in height. There are currently several WISPS (wireless internet service providers) developing a plans tol build or expand networks in Macon County. The ordinance changes would shorten the application process from sometimes as long as 3-4 months to as short as 2 weeks. This would be accomplished by administrative review and approval by staff, as opposed to the need for county commissioner approval. Applicants would be subject to as strict uniform set ofapplication: requirements. Attached to this request please find proposed application Jackson and Watauga counties currently have similar ordinances inj place that have proven successful ini incentivizing wireless' deployment. With another round of GREAT Grant funding available to Tier 2 counties early next year, these ordinance changes would bec of great benefit to those WISPS seeking grant funds and an even greater benefit to the citizens ofMacon County. The current COVID-19 crisis has exposed the critical need for expanding broadband service. The proposed changes would help expedite that expansion. Iam asking for approval from the Macon County Board ofEducation to submit this Ietter to the Macon County Planning Board in supporting and recognizing thei importance of boardband expansion and voicing your support of changes to the' WTFO to expedite  requirements being discussed by the MCPB.  wireless broadband accessibility throughout the county.  Respectfully, Gary M. Shields  Macon County Broadband Chairman Spipns  DAE7-20-2020  Jim Breedlove,  Chairman of the Macon County Board of Education  Signature: 9Bh Date: 7-20,2020                MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY -] REPORTS/PRESENTATIONS  MEETING DATE: OCTOBER 13, 2020  9A. At the request of Commissioner Shields, Curtis Dowdle, the Dean of Public Safety Training at Southwestern Community College (SCC), will be at the meeting to give the board an update. on the college's new burn 9B. Linda Harbuck, the Executive Director oft the Franklin Area Chamber of Commerce, will present the proposed budget for the Frankln/Nantahala Tourism Development Commission (TDC) for Fiscal Year 2020-21. For your. information and review, please see the attached documents provided by  building.  Mrs. Harbuck.    Linda Harbuck From: Sent: To: Subject: Attachments: Importance:  Lindal Harbuck ndan@ranaincantercom Monday, August 03, 20202:51PM. 2020/2021 Proposed" TDCE Budget adjustments  Connie Gruberman Gahligumym@rumlercom, Kristinel Flaig:; Indagrosegeaninecom, Summer' Woodard' Minutes Tourism Commitealuy2020.doc: 2020-2021 TDCA Adjusted Budget Proposal.xls  High  Good afternoon Connie, Kristine, Linda and Summer:  Attached are the minutes from the. July 30j joint meeting of the Chamber Tourism Committee and the County Tourism Development Commission. The minutes will explain whyl lam reaching out to allo of you. Ineed a response and vote "yes" or' "no" for the attached Proposed 2020/2021 fiscal year TDCI budget. Five votes are required fora a majority vote lappreciate your attention to this request as soon as possible so we can move forward with getting the budget presented to the Commissioners. Ifyoul have any questions, please do not hesitate to contact me.  and only four Commission members were present at thej joint meeting.  Kind regards, Linda H. d Linda. Harbuck, Executive Director Franklin Area Chamber of Commerce 981 Hyatt Road Franklin, North Carolina 28734 (828)524-3161 lindahOfrankin--chamber.com    Franklin Area Chamber of Commerce Agenda- = July 30, 2020-3:30 p.m.  Joint Chamber Tourism Committée & County Tourism Commission  Franklin Chamber Meeting Room, 981 Hyatt Road  Committee Members Present: John Norris Tim Crabtree Absent Members:  Gary Shields Judy Chapman Scotty Corbin Connie Grubermann  Candy Presley Patrick Graham Kristine Flaig  Commission Members Present: Judy Chapman, Patrick Graham, Katie LaFlamm, Gary Shields, Absent Members: Connie Grubermann, Kristine Flaig, Linda Sterrett, Summer Woodard. Call to order & Opening Prayer: Meeting called to order: at 3:35 p.m., opening prayer by G. Shields.  Welcome & Introductions: No visitors  New Business:  (A)2020/2021 Fiscal Year Budget Adjustment Discussion (Committee & Commission): Secretary Harbuck reported that shel has reviewed the 2020/2021 fiscal year budget and is proposing some changes to be considered by both the Chamber Tourism Committee and the Macon County Tourism Development Commission. Before submitting changes to the Maçon County Commissioners, the Macon County TDC must approve those changes and present the adjusted budget to County The proposed budget was given to those present with explanation for each proposed change (budget attached). After lengthy discussion, motion made by T. Crabtree to açcept proposed budget, motion Since there was not a quorum oft the Macon County TDC present (5 members needed for a quorum, only 4 were present), no action could be taken by that group during thist meeting. Linda will send a copy of the proposed TDC budget to the four members of the Macon County TDC who were not in attendance  Manager Derek Roland.  seconded by P. Graham. Motion carried.  and ask for their vote. Old Business:  (A) Report from joint meeting with FranklinTDA (TDC members present: Connie G.; Candy P.; John N.; Judy C.; Gary S.; Kristine F.; Tim C.). Those present at the joint meeting brought the committee up to date on that meeting. It was reported that a sub-committee was created with two members from each group being represented along with respective marketing representatives Eric Haggart (Chamber Tourism Committee marketing) and Beth Peyseur &) D'Anne Maddox (Franklin TDA marketing). The sub-committee held a virtual zoom meeting to discuss partnership opportunities, no definite decisions were reached. They will be having another virtual meeting on August 12 following the regular meetings of both groups for further discussion. The Tourism Committee ask Eric H. to    prepare aj proposal for the next sub-committee meeting for partnering on Travel Shows in both Atlanta, GA and Tampa, FL in 2021 andj possibly increasing/print ad in 2021 Visit NC Travel Guide. (B) Advertising Updates & Proposals - Eric presented a detailed written report showing advertising and promotions through July, 2020 (attached). The committee complimented Eric for doing  agreatj job with promotion during this difficult and unpredictable pandemic.  Housekeeping:  1. Minutes June 2020. -P. Graham made motion to approve June minutes as presented. Motion 2. Financial Report (June 2020) -J.Norris made motion to accept the. June 2020 financial 3. Occupancy Tax Collections - Report through May 2020 showing collections down by 11%  seconded by. J. Norris. Motion carried  report as presented. Motion seconded by T. Crabtree. Motion carried.  from the same period in2 2019. Items from the Floor- - None Adjourn - 5:10 p.m.    Linda Harbuck From: Sent: To: Subject:  Linda Sterrett inda@rvaeceanine.com Monday, August 03, 20203:07F PM 'Lindal Harbuck' RE: 2020/2021 Proposed TDCE Budget adjustments  Ivote yes to the proposed budget Linda & Tom Sterrett Rose Creek Mine www.roeceeamine.com Good Clean Dirty Fun  From: Linda Harbuck indnelanindhamter.com Sent: Monday, August 3, 20202:51PM  To: Connie Gruberman 0akhilcountryinn@fronter.com); 'Kristine Flaig' kristine@nantahalapropertes.com;  ndaeroetreamnecom: 'Summer Woodard' ooardelamnainccom,  Subject: 2020/2021 Proposed TDC Budget adjustments  Importance: High  Good afternoon Connie, Kristine, Linda and! Summer:  Attached are the minutes from the. July 30j joint meeting of the Chamber Tourism Committee and the County Tourism Development Commission. The minutes will explain why! lam reaching out to all ofy you. Ineed a response and vote "yes" or "no" for the attached Proposed 2020/2021 fiscal year TDC budget. Five votes are required fora a majority vote lappreciate your attention to this request as soon as possible so we can move forward with getting the budget presented tot the Commissioners. Ifyou have any questions, please do not hesitate to contact me.  and only four Commission members were present at thej joint meeting.  Kind regards, Linda H. dh Linda. Harbuck, Executive Director Franklin Area Chamber of Commerce 981 Hyatt Road Franklin, North Carolina 28734 (828)524-3161 Imanelamindamheren  ] IK Virus-free. www.avg.com    Linda Harbuck From: Sent: To: Subject: Ivotey yes. Thanks, Summer  Summer Woodard Swodad@raninnccom Tuesday, August 04, 20201 10:35AM 'Lindal Harbuck; 'Connie Gruberman'; 'Kristine Flaig; inda@rosegeekminecom RE: 2020/2021 Proposed TDC Budget adjustments  From: Linda Harbuck maltolindahn@'rankin-chamber.com, Sent: Monday, August 03,20202:51PM  To: Connie Gruberman oakhilcountrylmn@frontier.com); 'Kristine Flaig' Kistine@nantahalapropertes.com);  ndaeropetrehminecom: 'Summer Woodard' wpdarderan.imccom  Subject: 2020/2021 Proposed TDC Budget adjustments  Importance: High  Good afternoon Connie, Kristine, Linda and Summer:  Attached are the minutes from the. July 30j joint meeting of the Chamber Tourism Committee and the County Tourism Development Commission. The minutes wille explain why lam reaching outt to allo ofy you. Ineeda ar response and vote "yes" or "no" for the attached Proposed 2020/2021 fiscal year TDCI budget. Five votes are required forar majority vote lappreclate your attention to this request as soon as possible sO we can move forward with getting the budget presented to the Commissioners. Ifyoul have any questions, please do not hesitate to contact me.  and only four Commission members were present at the joint meeting.  Kind regards, Linda H.   Linda, Harbuck, Executive Director Franklin Area Chamber ofCommerce 981 Hyatt Road Franklin, North Carolina 28734 (828)524-3161 mahelaman-dlamhercon  x] I Virus-free. www.avg.com    Lindal Harbuck From: Sent: To: Subject: Ivote "Yes" Connie L. Grubermann 1689 Old Murphy Road Franklin, NC28734 (828)349-9194  cahigountiymglonie.com Tuesday, August0 04, 20201 10:56AM 'LindaH Harbuck' RE: 2020/2021 Proposed TDCE Budget adjustments  From: Linda Harbuck indah@frankln-chamber.com> Sent: Monday, August 3, 20202:51PM  To: Connie Gruberman dmloumyemeroneram, 'Kristine Flaig' Aistineenantahalapropertes.com>;  indaeroseyretmnecom; 'Summer Woodard" odar@len.imscom  Subject: 2020/2021 Proposed TDC Budget adjustments Good afternoon Connie, Kristine, Linda and Summer:  Importance: High  Attached are the minutes from the. July 30j joint meeting of the Chamber Tourism Committee and the County Tourism Development Commission. The minutes will explain why lam reaching out to all ofy you. Ineed a response and vote "yes" or' "no" fort the attached Proposed 2020/2021 fiscal year TDC budget. Five votes are required fora a majority vote lappreciate your attention to this request as soon as possible sO we can move forward with getting the budget presented to the Commissioners. Ifyoul have any questions, please dor not hesitate to contact me.  and only four Commission members were present at the joint meeting.  Kind regards, Linda H. Linda ahass Franklin Area Chamber of Commerce 981 Hyatt Road Franklin, North Carolina 28734 (828)524-3161 Imdanetamala-dlamher.aon  Executive Director  Virus-free. www.avg.com    Franklin  CHAMBER OF COMMERCE  Mouncain Treasures. Simple Pleasures,  September! 9,2 2020  Mr. Derek Roland Macon County Manager 5 West Main Street Franklin, NC 28734 Dear Mr. Roland:  Enclosed is an adjusted 2020/21 Tourism Development Commission Budget along with the minutes and documentation from the TDC showing their approval oft the proposed adjustments. Due to the Covid 19 Pandemic and the financial impact being uncertain, Ifelti it neçessary to propose some budget adjustments for fiscal year 2020/21. The Annual Budget is used as the "road map" fort the annual marketing program carried out by the Franklin Area Chamber of Commerce Tourism Committee.  Please let me know ify youl have questions or concerns.  Thank you, it is always a pleasure to work with you, the commissioners and Lori Hall Carpenter.  Best regards,  dkhh Linda Harbuck, Executive Director Franklin Area Chamber of Commerce 98 Hyatt Road Franklin, NC 28734 828)524-3161 nanerannchaneron  98 Hyatt Road . Franklin, North Carolina 28734 . ph: (828)524-3161 . fax: (828)369-7516-vmm.finhlin-damlezcom    Linda Harbuck From: Sent: To: Subject: Importance: Good afternoon all,  LindaH Harbuck dmain@tenlindamber.om Tuesday, August 04, 20202:32PM 7'yes' voles for Proposed 2020/21 TDC Adjusted Budget  Connie Iinda@rosecelminecom, Gruberman ahioamtpimefontiercom): Gary Shields; Judy Chapman'; Katiel LaFlamm; Kristine  Patrick Graham; 'Summer Woodard"  Flaig;  High  Including the four TDC Commission members (G. Shields, J. Chapman, P. Graham joint meeting on Thursday, July 30 and three oft the remaining four Grubermann, S. Woodard and L. Sterrett) we have will be sending the 2020/21 Adjusted TDC Budget to County Commissioners for their approval. Thank each ofy you for your approval and: support.  and K. LaFlamm) who attended the  members that have returned their "yes" vote (C. Manager, Derek Roland so he can present it to the County  enough votes to pass the proposed 2020/21 Adjusted TDC Budget,  Stay well.. Sincerely, Linda H.  Linda Harbuck, Executive Director Franklin Area Chamber ofCommerce 981 Hyatt Road Franklin, North Carolina 28734 (828)524-3161 manelmalnadamher.com     6A   00eju    e  a    5    Advertsing/Marketing Advertising/Marketing services Annual NC Travel Guide franklin/Nantahala Visitor Relocation Guide Travel South South Shore Media (Southern Travel) Our State Blue Ridge Motorcycle Smoky Mountain Living Blue Ridge Parkway Publications Social Media/Internet Undesignated  Franklin $ $ $ $ $ $ $ $ $  Nantahala $ 11,000.00 $ 7,000.00 5,000.00 $ 5,000.00 $ 10,000.00 $ 4,000.00 5,870.00 $ 5,000.00 2,060.00 $ 1,500.00 4,000.00 $ 4,000.00 1,800.00 $ 1,800.00 3,075.00 $ 3,075.00 6,635.00 $ 6,635.00 5,000.00 $ 5,000.00 15,560.00 $ 6,990.00 70,000.00 $ 50,000.00  TOTAL  Special Projects/Eventss Support Smoky Mtn, Center Performing Arts Naturalist 25/50 KF Race Annual FFA Rodeo ATShuttle Support/Macon Transit) Annual Ruby Drop/New Year's Eve Celebration Undesignated  $ 12,000.00 $ 3,000.00 2,000.00 1,250.00 6,000.00 2,100.00 16,650.00 $ 1,000.00 40,000.00 $ 4,000.00  $ $ $ $ $ $    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - OLD BUSINESS  MEETING DATE: October 13, 2020  10A.  Mr. Roland will provide an update on the Macon Middle School  renovation project, and in connection with that, the board will be asked to (1). consider an amended Prequalification Policy, a copy of which is attached, concerning potential bidders and (2) a pre-qualification form and rating matrix, which will be forwarded via a separate email or presented at  the meeting.    Prequalification Policy Macon County, North Carolina  Inaccordance with North Carolina General Statute 143-135.8, Macon County has established this Prequalification Policy to be used for certain construction projects for which Macon County intends to prequalify bidders. The Contractor Prequalification Policy establishes a process of evaluating and determining whether potential bidders have the skill, judgment, integrity, sufficient financial resources, and ability necessary to faithfully perform a contract for construction or repair. This pertains only to projects for which Macon County intends to prequalify bidders. The policy isi intended to be general in nature and therefore, any prequalification process initiated by Macon County will require the preparation ofas separate project specific Contractor Prequalification Form. Onj projects requiring prequalification, only bids from prequalified bidders will be accepted. Bids from non-prequalified firms will be deemed non-responsive and will not be opened.  Contractor Prequalification Form  For each project in which the County intends to prequalify bidders, a project specific Contractor Prequalification Form will be adopted by the Macon County Board of Commissioners for each project and will be available to all interested firms. The form will include specific requirements 1. Must be uniform, consistent, and transparent in its application to all bidders. 2. Must allow all bidders who meet the prequalification criteria to be prequalified to bid on 3. Clearly state the prequalification criteria, which must comply with all of the following:  for the project and shall meet all the following criteria:  the construction or repair work project.  a. Ber rationally related to the construction or repair work.  b. Not require that the bidder has previously been awarded a construction or repair Permit bidders to submit history or experience with projects of similar size, scope,  project by Macon County. and complexity.  4. Clearly state the assessment process of the criteria to be used. 5. Provide a process for a denied bidder to protest the County's determination. 6. Outline a process for notifying a denied prequalified bidder.  Contractor Prequalification Evaluation Process  Macon County shall appoint a specific Prequalification Review Committee for each construction project and each repair project for which Macon County intends to prequalify bidders. Each such Committee shall review and evaluate all prequalification applications for each specific construction project and/or repair project. The Committee will evaluate each application using the criteria established in the Project Specific Contractor Prequalification Form together with the information provided by the applicant in the same and the accompanying scoring matrix to determine whether the applicant is] prequalified to bid on the specific construction project and/or All firms that submit prequalification applications will be notified in writing of the Committee's  repair project.    decision. Appeals Procedure  Any firm(s) that is denied prequalification to bid may appeal the decision as outlined below: 1. Ai firm which is denied prequalification may protest the committee's decision by filing a written appeal to the County Manager, unless otherwise designated, within three (3) business days of receiving the notice that the firm has been denied prequalification. Specific notification details will be included in the project specific Contractor 2. The appeal shall clearly state the reasons why the firm is contesting the denial and include 3. The Prequalification Review Committee will: review the written appeal and notify the firm 4. All appeal review decisions by the Prequalification Review Committee are final.  Prequalification Form.  all documents supporting the firm's! position. within five (5) business days oft their decision.    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY -I NEW BUSINESS  MEETING DATE: October 13, 2020  11A. Mr. Roland is seeking the board's approval of a sublease agreement for use of space on the Cowee Bald communications tower as well as use of the associated transmitter building by Blue Ridge Broadcasting Corporation. The county's current sublease agreement is with Sutton Broadcasting Corporation. That firm is selling FM Translator Station W267AD (FCC Facility Identification Number 30422) to Blue Ridge Broadcasting, and the close of that deal is imminent. A copy of the current agreement is attached for your information and review, and Mr. Jones is preparing a revised one in regard to the changes outlined above. Mr. Roland and/or Mr. Jones can 11B. Please see the attached resolution regarding Amendment I to the Guy Taylor Memorial Scholarship," and the accompanying documentation. In a nutshell, the Macon County Youth Endowment and the Guy Taylor Memorial Scholarship are being combined, and going forward, the endowment shall be used equally to provide scholarships to graduating seniors of Franklin High School, Highlands School and Nantahala School. 11C. Please see the attached partially-executed lease agreement between Drake Entertainment Properties, LLC and Macon County, which will allow the county use of the Smoky Mountain Center for the Performing Arts asa court facility for jury trials at a cost of $300 per day. Mr. Jones can provide 11D. Please see the attached resolutions regarding a surplus truck at the Macon County Housing Department. Per Finance Director Lori Carpenter, the department is asking the board to (1) declare as surplus a 2008 Ford Ranger truck, and in turn (2) donate that truck to Central Piedmont  provide additional details at the meeting.  Mr. Roland can provide additional details at the meeting.  additional details at the meeting.    Community Action, Inc. A copy of the public notice made in connection with this matter is attached for your reference, and the county has received an affidavit of publication whereby the notice was printed in The Franklin Press on September 30th. For your information, the Housing Department will be receiving a four-wheel-drive Nissan Frontier truck from Blue Ridge 11E. Please see the attached memorandum from Macon County Public Health Director Kathy McGaha regarding her recommendation to appropriate funding for her proposal to provide free flu shots for any person living or working in Macon County who is uninsured. Mr. Roland can 11F. Please see the attached set of contract documents between the North Carolina Department of Commerce and the county regarding a Rural Economic Development Grant Agreement for the Hospice House project on Maple Street in Franklin. Mr. Roland and/or Mr. Jones can provide  Community Action.  explain further ifneeded.  additional detail as needed.    WMIT 106.97  Lease  Proposed/Blue Ridgr Byaadesting Covpashen  foy W267AD- lol,3  252 wola  STATE OF NORTHCAROLINA COUNTY OFMACON  USE OF SPACE ON COMMUNICATIONS TOWER AND USE OF ASSOCIATED  TRANSMITTER BUILDING SUBLEASE AGREEMENT  This Use of Space on Communications Tower and Use of Associated Transmitter Building Sublease Agreement is made and entered into this the day of_ 2020, by and' between Macon County, North Carolina, a North Carolina County and Body Politic (hereinafter referred to as the "Sublessor": ), and Blue Ridge Broadcasting Corporation, al North Carolina Non-Profit Corporation (hereinafter referred to as the "Sublessee").  THAT WHEREAS, Sublessee presently or will soon hold the Federal Communication Commission (FCC) license for FM Translator Station W267AD (FCC Facility Identification Number 30442) assigned to the community of Cherokee, North Carolina, (hereinafter referred to  as the "Station"); and  WHEREAS, Sublessor presently has a Lease with the United States of America, acting through the Forest Service, Department of Agriculture, for the Cowee Bald Communications site as shown therein, a copy of said Lease is attached hereto and incorporated herein by reference as  ifmore fully set forth herein; and  WHEREAS, Sublessee desires to obtain from Sublessor, a use of space on communications tower and use of associated transmitter building sublease agreement from the Sublessor which will permit the location of the antenna and the use of the associated transmitter building for the Station at Cowee Bald Communications site as referenced in the Lease above referenced; and  WHEREAS, Sublessor is willing to enter this Use of Space on Communications Tower and Use of Associated Transmitter Building Sublease Agreement with Sublessee, subject to the  terms and conditions set forth hereinbelow.  NOWT THEREFORE, in consideration oft the mutual covenants, terms and conditions  contained herein, the parties hereto do agree as follows:  1.  SUBLEASEHOLD INTEREST. Sublessor sublets to Sublessee, and the Sublessee A. Those sections of the Tower (which Tower is colored in yellow on the Cowee Bald Communication Site Plan attachçd to the Lease Agreement referenced above) which  subleases from Sublessor the following:  1    are not being used by either Macon County or Jackson County and which are necessary for operation by Lessee's Station and such related equipment as is required for the efficient and effective operation of the Station, and which are specifically approved of by Sublessor and, to the extent necessary, which arc specifically approved ofi in writing by the United State of America, acting through the Forest Service, Department of Agriculture. Such rights of use by Sublessee shall be non-exclusive and shall in no way interfere with the broadcast signals or other rights ofexisting users oft the Cowee Bald Communications: Site; B. The non-exclusive right-of-way space on said Tower and non-exclusive right-of- way space to and from the Transmitter Building ( which Building is numbered' "1" and is colored in orange on the Cowee Bald Communication Site Plan attached to the Lease Agreement referenced above ) for the connection, and passage by cables, wires and transmission lines and any transmission equipment required for the operation of the Station. Such rights of use by Sublessee shall be non- exclusive and shall in no way interfere with the broadcast signal or rights of C. The non-exclusive access to said Tower and said Transmitter Building for the purpose of operating broadcast equipment owned or operated by Lessee located there. Such rights of use by Sublessee shall be non-exclusive and shall in no way interfere with the broadcast signal or other rights of existing users of the Cowee D. Sublessor and Sublease recognize and agree that the Cowee Bald Communication Site is primarily an emergency communication site and as such, Sublessor specifically reserves the right to cancel this Use of Space on Communications Tower and Use of Associated Transmitter Building Sublease Agreement, without liability, should it hereafter determine within its discretion the need to do sO in order to maintain and use the Cowee Bald Communication Site as an emergency communications site. Sublessee acknowledges that Sublessor is constructing another communications tower adjacent to the one subject to this Sublease, and it further acknowledges and agrees that none ofi its uses hereunder shall in any way intcrfere with any of Sublessor's uses of such new adjacent tower. Sublessor reserves the right to immediately terminate this Sublease without liability if Sublessee's use hereunder in any way interferes with Sublessor's use of the new tower adjacent to this one. Furthermore, Sublessor reserves the right to cancel this Use of Space on Communications Tower and Use of Associated Transmitter Building Sublease Agreement without liability should it determine within its discrction that the use made or to be made by Sublessee: interferes or will interfere with the rights of existing users ofthe Cowee Bald Communications Site; E. IfSublessee does cause inference with the broadçast signal ofe existing uscrs of the  existing users oft the Cowee Bald Communications Site;  Bald Communications Site;  2    Cowee Bald Communications Site, then Sublessor Lessee shall have the right to immediately terminate this Use of Space on Communications Tower and Use of F. Sublessee shall operate its Station in full compliance with all FCC Rules and  Associated Transmitter Building Sublease. Agreement;  Regulations;  2. TERM OF SUBLEASE. Upon all the terms and conditions of this Sublease, Sublessce shall have and hold the non-exclusive rights provided for herein for the period extending from the date hereof to and including midnight, on December 31, 2021, unless this Sublease is sooner terminated as specifically hereinafter provided. Prior to the end of the Term of this Sublease, Sublessee shall cause all of its fixtures and property to be removed from the subleased premises at its sole expense and shall cause any and all repairs that are necessary to retore the subleased premises to the conditions which existed immediately preceding the beginning oft this sublease, reasonable wear and tear excepted; 3. RENT. Sublessee shall pay the Sublessor rent in the amount of five hundred dollars ($500.00) upon entry oft this Sublease and the sum of $250.00 per month on the first date parties hereto do understand and agree that the United States Forest Service reserves the right to change what it charges unto Macon County in connection with its Lease with the United States of America as above-referenced. As a consequence, the parties hereto agree that the monthly rent of $250.00 per month provided for herein may be and shall be adjusted upward during the term hereof in the event that the United States Forest Service or other agent oft the United States of America assesses ai fee to Macon County for the use by Sublesscc hereunder which exceeds the sum of $3,000.00 per year. In this event, the monthly rental to be paid by Sublessee hereunder shall be increased by 1/12 of the amount that the annual sum assessed to Macon County for the use of the Sublessee ASSIGNMENT. The Sublessee shall havc no right to assign this Sublease and its rights under the Sublease to any affiliate or subsidiary of the Sublessee or subsequent owner of Lessee's Station, without the consent of Sublessor and the United States of America, REPAIRS AND MAINTENANCE. Sublessee shall be responsible for all maintenance and: repair of the Tower and the Tower supporting structures and the Transmitter Building PAYMENT OF TAXES. Sublessee shall be responsible for the payment of any personal property taxes imposed against the fixtures or equipment on the subleased premises which  of each month, beginning  and thereafter during the term of this lease. The  hereunder which exceeds $3,000.00 per year.  4.  acting through the Forest Service, Department of Agriculture;  5.  to be used hereunder by the Sublessee;  6.  are owned by Sublessee;  3    7. 8.  UTILITIES. Sublessor shall pay when due all electric and other utility charges made INSURANCE. Sublessor shall maintain adequate insurance coverage against fire, storm or other casualty loss or damage to Sublessor's property, as well as liability insurance against personal injury or property damage. Such insurance shall specifically provide for coverage for the repair and replacement of all structures, machinery and equipment Sublessee shall maintain adequate insurance coverage against fire, storm or other casualty loss or damage to Sublessee's property, as well as general liability insurance against personal injury of not less than One Million Dollars ($1,000,000.00). Evidence ofs said insurance shall be provided to Sublessor upon request of Sublessor. Failure to maintain said general liability policy by Sublessee shall result in the immediate termination oft this Lease; DAMAGE TO OR DESTRUCTION OF THE TOWER. If the Tower subject to this Sublease or any part thereof, or any equipment thereon shall be wholly or materially damaged or destroyed, at the sole option of the Sublessor, the Sublessor may repair, restore and/or replace the same, at the expense of Sublessor, to the condition which However, in the event the damage to the Tower subject to this Sublease or any part thereof, or any equipment thereon, cannot be repaired within sixty (60) days (as reasonably estimated by Sublessor as soon as practicable after the occurrence of such damage) Sublessor may terminate this Lease as of the date ofs such damage; 10. EMINENT DOMAIN. If the Tower subject to this Sublease and/or the Transmitter Building Parcel subleased hereunder shall be appropriated or taken under the power of eminent domain by any public or quasi-public authority, this Sublease shall be terminated as of the date of such taking and Sublessee shall thereupon be released from any further liability hereunder. The date ofs such taking shall be the date on which legal title shall vest  against the subleased premises during the term oft this sublease;  owned by Sublessor located on or adjacent to, the Tower.  9.  existed immediately prior to the occurrence of such casualty.  in the condemning authority;  11. ACCESS TO LEASED PREMISES. It is mutually understood and agreed between the parties that Macon County, Jackson County and Sublessee may maintain broadcast apparatus on the Tower subject to this Sublease. Sublessor, Sublessee and all others having the right to use such Tower shall have the right to non-exclusive access to such Tower for tbe purpose of operating, maintaining, inspecting and repairing such broadcast apparatus;  12. USE OF TOWER. Sublessee shall not take any action which will cause or permit electrical interference to the broadcast signal ofany existing electronic communications apparatus on the Tower subject to this Sublease or otherwise interfere with the broadcast signal or rights ofany of the existing users ofthe Cowee Bald Communications Site, Sublessee shall be liable to Sublessor and: shall indemnify Sublessor for any loss or damage to Sublessor's equipment, or for destructive electrical interference to the communications signals of  4    Sublessor, consequential or otherwise, occasioned by, growing out of, or arising from any act orf failure to act by Sublessee, its agents or employees, including such acts or failures to act which Lessee shall suffer to exist or continue to exist on the real property ofs Sublessor or Any breach by Sublessee of Sublessor's right of use of the Tower as defined herein, shall confer upon the Sublessor the right to immediately terminate this Sublease without liability. Such rights shall be in addition to, and exclusive of such other rights çontained in this 13. INDEMNIFICATION OF PARTIES. Sublessor shall have. no liability for any loss or damage due toj personal injury, property damage, libel or slander, or electrical interference, caused by Sublessee its agents, or employees, and Sublessee will indemnify and save Sublessor harmless from any loss, damage or liability, consequential or otherwise occasioned by, growing out of, or arising, or resulting in connection with, Sublessee or any act or failure to act by Sublessee, its agents, or employees. Sublessee shall have no liability for any loss or damage due to personal injury, property damage, libel or slander, or electrical interference 14. AUTHORIZATION. Sublessor and Sublessee respectively represent and warrant to the other that all necessary approvals and/or corporate action has beèn duly taken to authorize the execution and delivery of this Sublease and the performance or observance oft the provisions of this Sublease. Additionally, Sublessor represents and warrants to the Sublessee that the necessary consent and/or approval of this Sublease have been obtained from the United States of America, acting through the Forest Service, Department of Agriculture, owner of the real property in which such tower and transmitter building parcel are situate. Absence of the landowner's consent and/or approval at anytime during the Term shall grant the Sublessor and the Sublessee the right to immediately terminate the Lease without further liability; 15. NO WAIVER. Failure or delay on the part of eithcr Sublessor or Sublessee to exercise any right, power, or privilege hereunder shall not operate as a waiver thereof; 16. NOTICE. Any and all notices, demands or other communications required by this Lease or by law, or desired to be given hereunder, by any party shall be in writing and shall be validly given or made to another party if served either personally ori if deposited in the United States mail, certified, postage prepaid, return reçeipt requested. If such notice, demand or other communication be given by mail, such shall be conclusively deemed given as of the date shown on the return receipt ift the same is deposited ini the United States mail addressed to the party to whom such notice, demand or other communication is to be given as  such Tower.  Sublease or sueh rights at law or equity which Sublessor may possess.  caused by Sublessor;  hereinafter set forth: Ifto Lessor: Macon County Attention: County. Manager  5 West Main Street Franklin, North Carolina 28734  5    Ifto Lessee:  Justin T.. Arnot, General Counsel Billy Graham Evangelistic Association 1Billy Graham Parkway Charlotte, NC28201  Any party hereto may change its address for the purpose of recciving notice, demands and other communications as herein provided by a written notice given in the manner  aforesaid to the other party or parties hereto; may appoint one ori more agents to act for them;  17. AGENTS ANDPARTIES. From time to time Lessor or Lessee bynotice as aforesaid 18. ATTACHMENTS, SCHEDULES AND EXHIBITS. Alll Exhibits, Appendices and Schedules attached to this Lease shall be deemed part ofthis Lease and incorporated 19. THAT THE LEASE BETWEEN THE UNITED STATES OF AMERICA, ACTING THROUGH THE: FOREST SERVICE, DEPARTMENT OF AGRICULTURE, AND MACON COUNTY, AND THE TERMS AND CONDITIONS THEREOF, A COPY OF SAID LEASE BEING ATTACHED HERETO ARE INCORPORATED HEREIN BY REFERENCE AS IF MORE FULLY SET FORTH! HEREIN. TOTHE EXTENT THAT ANY OF THE FOREGOING TERMS AND CONDITIONS OF THIS USE OF SPACE ON COMMUNICATIONS TOWER AND USE OF ASSOCIATED TRANSMITTER BUILDING SUBLEASE AGREEMENT CONFLICT WITH OR ARE INCONSISTENT WITH SAID LEASE. AGREEMENT, THEN THE' TERMS OF SAID LEASE AGREEMENT SHALL: PREVAIL, IT BEING' THE SPECIFIC INTENT OF BOTH PARTIES HERETO: NOTTO SUBLEASE  herein, where applicable, as iffully set forthl herein.  INCONSISTENTLY WITH SAID LEASE.  6    20. ADDITIONAL RESPONSIBILITIES OF THE SUBLESSEE.  A. All development, operation and maintenance by Sublessee oft the authorized facility, improvements, and equipment located on the property shall bei in accordance with stipulations in the communiçations site plan approved by the Authorized Officer of the United States Forest Service. If required by Authorized Officer of the United States Forest Service, all plans for development, layout, construction, or alteration ofimprovements on the property, as well as revisions of such plans, must be prepared by a licensed engineer, architect, and/or landscape architect. Such plans must be approved in writing by the Authorized Officer of the United States Forest Service before commencement of any work. After completion, as-built plans, maps, surveys, or other similar information will be provided to the Authorized Officer of the United States Forest Service and appended to the  communications site plan;  B. The Sublessee will comply with applicable Federal, State, county, and municipal laws, regulations and standards for public health and safety, environmental protection, siting, construction, operation, and maintenance in exercising the rights granted by this Sublease. The obligations of the Sublessee under this lease are not contingent upon any duty of the Authorized Officer oft the United States Forest Service, or other agent ofthe United States, to inspect the premises. A failure by thc United States, or other governmental officials, to inspect is not a defense to noncompliance with any of the terms or conditions oft this lease. Sublessee waives all defenses ofl laches or estoppel against the United States. The Sublessee shall at all times keep the title of the United States to the property free and clear of all liens C. Use of communications equipment is contingent upon the possession of a valid Federal Communication Commission (FCC) or Director of Telecommunications Management/nterdepartmental Radio Advisory Committee (DTM/RAC) authorization, and the operation of the equipment is in strict compliance with applicable requirements ofFCC or IRAC, A copy of each applicable license or authorization shall at all times be maintained by the Sublessee for each transmitter being operated. The Sublessee shall provide the Authorized Officer of the United States Forest Service, and the Sublessor, when requested, with current copies ofall licenses for equipment in or on facilities covered by this lease; D. The Sublessee shall ensure that equipment within its facility operates in a manner which will not cause harmful interference with the operation ofe existing equipment on or adjaçent to the communications site. If the Authorized Officer of the United States Forest Service or authorized official of the Federal Communication Commission (FCC) determines that the Sublessee's use interferes with existing equipment, the Sublessee will promptly take the necessary steps to eliminate or reduce the harmful interference to the satisfaction of the  and encumbrances;  Authorized Officer oft the United States Forest Service or FCC official;  F. When requested by the Authorized Officer of the United States Forest Service, the Sublessee will furnish technical information concerning the equipment located on the property;  7    21. OTHER: PROVISIONS.  The provisions of Paragraph "V. OTHER PROVISIONS" as contained in the Lease between Macon County and the United States of America, acting through the Forest Service, Department of Agriculture, a copy of which is attached hereto and incorporated herein by reference, shall apply to the Sublesee named herein and Sublessee shall at all times be bound by, subject to and comply with  the same. 22. LIABILITIES.  A, The Sublessee assumes all risk of! loss to the authorized improvements by Sublessee; B. The Sublessee shall comply with all applicable Federal, State, and local laws, regulations, and standards, including but not limited to, the Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq., the Comprehensive Environmental Response, Control, and Liability Act, 42 U.S.C. 960I et seq., and other relevant environmental laws, as well as public health and safety laws and other laws relating to the siting, construction, operation and maintenance of any facility, improvement, or equipment on the property made by Lessee or its agents hereunder; C. The Lessee shall indemnify, defend, and hold the United States harmless for any violations incurred under any such laws and regulations or for judgments, claims, or demands assessed against the United States in connection with the Sublessee's use or occupancy oft the property. The Sublessee's indemnification of the United States shall include any loss of personal injury, loss of life or damage to property in connection with the occupancy or use of the property during the term of this Sublease. Indemnification shall include, but is not limited to, the value of resources damaged or destroyed; the costs of restoration, cleanup, or other mitigation; fire suppression or other types of abatement costs; third party claims and judgments; and all administrative, interest, and other legal costs. This paragraph shall survive  the termination or revocation oft this lease, regardless of cause;  D. The United States Forest Service has no duty, either before or during this Sublease term, to inspect the property or to warn of hazards and, ift the United States Forest Service inspects the property, it shall incur no additional duty nor any liability for hazards not identified or discovered through such inspections. This paragraph shall survive the termination or  revocation of1 this lease, regardless of cause; intercsts of the United States;  E. The Sublessee has an affirmative duty to protect from damage the land, property, and F. In the event of any breach of the sublease by the Sublessee, the Authorized Officer of the United States Forest Service may, on reasonable notice cure the breach for1 the account at the expense of the Sublessee. If the United States Forest Service at any time pays any sum of money or does any act which will require payment of money, or incurs any expense,  8    including reasonable attorney's fees, in instituting, prosecuting, and/or defending any action or proceeding to enforce the United States rights hereunder, the sum or sums sO paid by the United States, with all interests, costs and damages shall, at the election of the Forest Service, be deemed to be additional rental hereunder and shall be due from the Sublessee to the United States Forest Service on the first day oft the month following such election; 23. COUNTERPARTS. This Sublease may be signed by any number of counterparts with the same effect as ift the signature ofe each such counterpart were upon the same instrument. 24. HEADINGS. The headings of the paragraphs of this Sublease are inserted as a matter of convenience and for reference purposes only and in no way define, limit or describe the  scope oft this Sublease or the intent of any paragraph hereof.  25. ENTIRE AGREEMENT. This Sublease is the only Agreement between the parties hereto and contains all of thc tcrms and conditions agreed upon with respect to the subject matter  hereof.  26. MODIFICATION OR AMENDMENT. No amendment, change or modification of this Sublease shall be effective unless in writing stating that it amends this document and signed  by each oft the parties hereto. State of North Carolina.  27. GOVERNING LAW. This Sublease shall be construed in accordance with the laws of the IN WITNESS WHEREOF, the parties have executed this Sublease as oft the day and year  first above written.  SUBLESSOR: Macon County  By:  SUBLESSEE: Blue Ridge Broadcasting Corporation  By:  9    RESOLUTION ofthe REGARDING  Macon County Board of Commissioners North Carolina Community Foundation  Amendment I to the Guy Taylor Memorial Scholarship, a component fund ofthe  BEITRESOLVED that the Macon County Board of Commissioners (the' "Board"), on behalfof Macon County, North Carolina, does hereby request and authorize the execution of the attached Amendment 1 to the Guy Taylor Memorial Scholarship Fund ("Fund"), an endowment and component fund of the North Carolina Community Foundation, Inc. ("NCCF") established on the September 13, 1999, by this government body. The Amendment is needed to change the fund toa Designated Endowment ofthel NCCFi inorder to comply with the new fund balance requirements of NCCF. Hereafter, the distributions will be designated to Highlands School, Franklin High School and Nantahala School. The scholarship committees at those schools will select and award the  scholarships.  BEITFURTHER RESOLVED that thel Macon County BoardofCommissonersherlyauthotizs its own officers and directors to execute and deliver to NCCF any instruments or documents necessary or useful for the authorization, use and maintenance oft this Designated Endowment.  ADOPTED on  2020, by such organization's governing body at at meeting  duly called and held, at which a quorum was present and acting throughout.  Signed this  day of  2020.  (Corporate Seal ifapplicable)  Secretary    NORTH CAROLINA COMMUNITY FOUNDATION  Amendment 1 to the Agreement for the Guy Taylor Memorial Scholarship  This First Amendment ("Amendment") to the Agreement Creating a Scholarship Endowment for Macon County High School graduates (the Endowment") dated the 13th day of September, 1999 and named the "Guy Taylor Memorial Scholarship,"i is made this October, 2020, by the North Carolina Community Foundation, Inc., a North Carolina nonprofit corporation (Foundation") and Macon County, a political subdivision of the state of North Carolina ("Donor"). All capitalized terms not otherwise defined in this Amendment shall have the same meaning as in the Endowment. All persons and organizations making contributions to  day of  the Endowment shall be bound by the terms contained herein.  Pursuant to Section (7) of the Endowment entitled "Entire Agreement: Changes," the Foundation and the Donor hereby agree to replace by Amendment Sections (4) and (5) of the Endowment for the purpose of changing this Endowment from a scholarship endowment where a Pension Protection Act compliant selection committee must be appointed annually by the Foundation to a Designated Scholarship of the Foundation where the Designated beneficiaries receive an annual distribution from the endowment for the purpose of selecting the scholarship recipients. Accordingly, the phrase "Scholarship Endowment" in all locations in the body of the Endowment agreement shall be amended to read Designated Scholarship Endowment."  Section (4) of the Endowment entitled Purposes" shall be deleted in its entirety and  replaced with the following:  (4) Purposes. The Designated Scholarship Endowment shall be devoted equally (33.3%) to the support of Franklin High School, Highlands School, and Nantahala School and its use shall be restricted as follows: to providing scholarships to graduating seniors of Franklin High School, Highlands School, and Nantahala School pursuing an undergraduate degree at any accredited college or university. Funds from the scholarship endowment may be used for any costs related to education, including tuition, room and board. Any recipient of a scholarship from this Endowment shall be advised that such benefit is from the Guy Taylor Memorial Scholarship. Should the time come when this charitable use, in the judgment of the Foundation's Board of Directors, has become unnecessary, undesirable, impracticable, incapable of fulfillment, or inconsistent with the charitable needs of the community served by the Foundation, the Designated Scholarship Endowment shall be redirected to the most similar cause  as can be determined by the Foundation's Board of Directors.    Section (5)oft the Endowment entitled Distributions" shall be deleted in its entirety and  replaced with the following:  (5) Distributions. As provided by the Foundation's current policies and procedures, a distribution is made annually. Generally, the principal is not distributed, thus building a permanent and growing support for this charitable cause. However, the Foundation may distribute all or any part of the Designated Scholarship Endowment, including principal and income, at any time for any  authorized purpose, in the Foundation's discretion.  IN WITNESS WHEREOF, Donor and the North Carolina Community Foundation, Inc. have caused this Amendment to be duly executed, sealed and delivered, as of the day and year first  written above. (SEAL) ATTEST: By: Title: Printed name:  MACON COUNTY By:  James P. Tate, Chair Board of Commissioners  NORTH CAROLINA COMMUNITY FOUNDATION, INC.  ATTEST: Assistant Secretary Cherry Ballard  Jennifer Tolle Whiteside, President  APPROVED ASTO FORM:  Mary E. Morgan, J.D. Philanthropy Counsel  County: Macon    NORTH CAROLINA COMMUNITY FOUNDATION  Grant Recommendations and Consent to Close Fund  Donor Advised  Mail To: North Carolina Community Foundation3737 Glenwood Avenue, Suite 460 Raleigh, NC27612  Or via email: rants@nccommunittoundation.org Or fax: (919)827-0749  Fund Name: Macon County Youth Endowment  Fund Number: 712  Icertify that this recommendation does not represent payment of al legally binding pledge or other personal financial obligation on behalf of the fund representativels), family members, or businesses they control, and that no tangible benefit, goods, or services (including dinners, tickets, etc.) were or willl ber received by any individual or entities connected with the Fund. My signature below certifies that Ihad read, understand, and agree to the above terms. Once these distributions have been made, Iconsent to the closing oft this fund. (It can take up to 60 days to process final grant check(s) fora a  fund thati is closing) Signature of Fund Contact Phone: 828-349-2020  Seth Adams Name of Fund Contact Email: a0amso@maconnc.org  10.06.2020 Date  Recipient Organization: Guy Taylor Memorial Scholarship  Address: Contact Person: Grant Amount: $ 17,693.05  City: Title: ContactE-Mail:  State:_ Phone #:  Zip:  Grant Purpose (if not general operatingsupport);  Send Checkt to Organization Office Use Only: GranteeProfile! #: **Pleasei initial and date once completed task** Assistant toF President: Date Completed: Controller: Date Completed: Grant Amount: $.  This Grant iSANONYMOUS  Verified:  Grant#:  Authorization:  Date:  Ops SupportSpecialist:, Date Completed: Database Admin/Gift Specialist: Date Completed:  FundF Region: County Staff:_ Code:  Date Mailed:  II. Date Mailed:.    NORTH CAROLINA MACON COUNTY  CERTIFICATE OF FINANCE OFFICER:  This instrument has been pre-audited int the manner required by the Local Government  Budget and Fiscal Control Act. This the  dayofOctober2020.  Macon County Finance Officer  LEASE AGREEMENT  THIS LEASE, made this 5thdayd ofOctober, 2020 by and between DRAKE ENTERTAINMENT PROPERTIES, LLC, al North Carolina LLC( (hereinafter called' "Lessor"), and MACONCOUNTY,a1 North Carolina County and body politic; (hereinafterc called' "Lessee").  WITNESSETH:  Thel Lessor, for and in consideration of the rents, covenants, agreements and stipulations hereinafter mentioned, reserved and contained, to be paid, kept and performed by the Lessee, have leased andi rented, and by the presence do hereby lease and rent unto the said Lessee, upon the terms Ap portion oft the building located at 1028 Georgia Road, Franklin, NC (identified as PIN 6584824240), as identified on Exhibit A, attached to and made aj part oft this Lease and use of Use ofPremises. Thej parties hereto understand and agree that Macon County is obligated by North Carolina Law to provide court facilities for use by The General Court of. Justice for the State ofNorth Carolina in Macon County. The parties hereto further understand and agree that due tot the COVID-19 pandemic related regulations, directives and orders, the Macon County Courthouse cannot presently be used forj jury trials and related activities. The parties hereto further understand and agree that thel Premises will be used by the General Court of Justice for the State ofNorth Carolina for Macon County. Jury Trials including but not limited toj jury qualification, jury selection,. jury trials and: security in connection with the same to be provided by the Macon County Sheriffand/or his Deputies. 2. Condition of Premises and Ouiet Enjoyment. Lessor leases to thel Premises tol Lessee in AS-IS, WHERE-IS condition; Lessor does not make and has not made any, and expressly disclaims all representations and warranties ofanyl kind related to the Premises, and the condition ofthe Premises. Lessee acknowledges and agrees that it has had the opportunity to inspect the Premises, and it is relying solely on its owni inspection, and not any representation or warranty byl Lessor. By executing this Lease, Lessee accepts thel Premises in its AS-IS condition. Lessor covenants and agrees that so long: as Lessee shall timely pay all rents, observe and perform all covenants, promises and agreements on Lessee'sp part to be! kept, Lessee: shall have, hold and occupy the Premises free ofanyi interference from Lessor.  and conditions which hereinafter appear, the following property:  the parking lot adjacent thereto (the' "Premises").    3. Lease Term. The term oft this Lease is for at term beginning on October 14, 2020, and ending on May 1,2021, with the understanding that Lessee's leasehold interest hereunder shall only apply duringt the business weekdays and business hours consisting of Monday - Friday between the hours of7:00: a.m. and 7:00 p.m., and only on those days, when the Lessor is notified that thel Premises are needed by and ini fact used by the Lessee and/or the General Court of. Justice for the State ofNorth Carolina, for the purposes stated int this Lease. Notwithstanding the provisions ofParagraph #15 ofthis Lease to the contrary, the notice specified under this Paragraph #3 may be given by email tol Lessor at the following email address: eusmouceN and, DIsabais.lsaw That notwithstanding: anything to the contrary herein, Lessor may end the term ofthisLease 4. Lease Renewal Option. The Lease can be renewed or extended upon mutual discussion and 5. Rent. The rent shall be $300.00 per day for each day, or portion thereof, the Premises are actually used by the Lessee and/or The General Court ofJ Justice for the State ofNorth Carolina, for the purposes stated in this Lease. That notwithstanding any terms tot the contrary, the parties hereto understand that the total amnount ofr rent paid by Lessor during the term oft this Lease shall not exceed the sum of $6,000.00. Int the event that Lessee becomes obligated for and has paid this total sum before thet term oft this Lease ends by the terms specified inl Paragraph #3 above, then this Lease will end at that time. The parties . Real Estate' Taxes. Lessor shall pay real estate taxes on the leased premises provided. 7. Insurance. From and after the Effective Date and continuing throughout the Term ofthis Lease, Lessee shall, at its sole cost and expense, maintain in fulli force and effect the a. Special form insurance including without limitation, insurançe against loss or darage caused by vandalism and malicious mischief, or theft; all in an amount which reasonably assures there will be sufficient proceeds to replace the loss in the event of Commercial general liability and property damage insurance providing coverage against liability for personal and bodily injury, death and property damage having limits ofr not less than ONE MILLION ANDNO/100 DOLLARS ($1,000,000.00)per occurrence with a general aggregate of not less than THREE MILLION. AND NO/100 DOLLARS ($3,000,000.00), and with an umbrella liability policy in the amount OfTEN MILLION. ANDI NO/100 DOLLARS ($10,000,000.00). Lessor shall be named as an additional insured on the liability policies Lessee obtains to1 the full extent ofLessee's coverage, but in no event less than the amounts required by this  without legal consequence upon 45 days written notice to Lessee.  agreement between the parties.  hereto are then free to enter into ai new lease agreement.  following types and amounts ofinsurance coverage:  al loss against which such insurance is issued.  b.  Lease.  2    C.  Lessee shall deliver tol Lessor copies ofinsurance certificates evidencing all insurance required by this section: simultaneously with execution oft this Lease. d. Lessee agrees to pay Lessor the difference in Lessor'si insurançe premiums should Lessor's insurance premiums increase due to the business activities and Use of  Premises ofLessee.  8. Permitted Alterations. Lessor understands that certain alterations must be made by Lessee inc order to conduct business pursuant to the Use of Premises, including the positioning of metal detectors and other alterations that serve to secure the premises. Lessee agrees and covenants that trade fixtures are permitted only ift the following criteria is met:  1, Trade fixtures must be paid for by thel Lessee;  b. Trade fixtures must not become an integral part oft the structure (that would be expensive Removing trade fixtures must not cause undue damage to the property; and d. Trade fixtures must be able to be removable ins short notice so that Lessor can utilize the Except for installation oft trade fixtures to equip the Premises for the use contemplated by this Lease, Lessee shall not make any alterations or renovations to the Premises without Lessor's prior written consent. Upon expiration or termination oft this Lease, Lessee shall remove all trade fixtures, and repair any damage caused by the removal ofthe same, atLessee's sole cost and expense. IfLessee fails to repair the damage, Lessor may (buts shall not be obligated to) repair the damage at Lessee's cost, and charge the cost of thes same tol Lessee, which Lessee 9. Maintenance. Lessor shall maintain at its own cost, repairs oft the building and lawn and landscaping maintenance and appropriate cleaning oft the Premises and trash removal from 10. Utility Bills. Lessor shall pay all water, gas, electricity, fuel, light, heat, power, and sanitary 11. Repairand Maintenance. Lessor shall be responsible for ordinary repaira and maintenance ofthel Premises, except to the extent that any damage necessitating such repair or maintenance is caused by or in connection with Lessee's use ofthe Premises, in which case Lessee shall reimburse Lessor the cost Lessor incurs in connection with the repair or 12. Damage tol Premises. The Lessor shall not be liable for any damages done, or occasioned by, damage arising from acts of negligence or any damage resulting from any occupants during the' Term. Lessor shall have no liability with respect to Lessee's tangible property located within thel Premises, and Lessee shall bes solely responsible for the same (including 13. LiabilityofLessor. Except as otherwise provided in this Lease, Lessor shall not be liable  tor remove);  space during certain times.  shall be obligated to pay upon demand.  the Premises.  sewer bills for the Premises during the term oft this Lease.  maintenançe.  insuring against such loss as required by this Lease).  3    tol Lessee, its employees, agents, business invitees, licensees, customers, clients or guests for any damage, injury, loss, compensation or claim including but not limited to: (i) claims fort thei interruption ofLessee's! business; (ii) repairs to any portion ofthe Premises; (iii) any accident or damage resulting from the use ofthe Premises; (iv)any fire, robbery, theft, mysterious disappearance or other casualty; (v) any bodily injury or monetary loss related to COVID-19; (vi) any damage or loss related to protesting or rioting resulting from Macon County jury verdicts during the lease term or any other 14. Indemmification of Lessor. Subject to the limitations set forth in this paragraph, Lessee, to the extent allowed by North Carolina Law, shall defend, indemnify and hold Lessor harmless from and against any and all liabilities, obligations, losses, damages, injunctions, suits, actions, fines, penalties, claims, demands, costs and expenses ofe every kind or nature, including reasonable attorneys' fees and court costs incurred by Lessor, arising directly or indirectly from or in connection with: (i) Lessee's occupancy or use of the Premises, including any accident, injury or damage which shall happen at, in or upon thel Premises during the Term, however occurring; (ii) any failure by Lessee to perform any ofthe terms, provisions, covenants or conditions oft this Lease on Lessee's part to be performed; (ii) any bodily injury, death, loss of use, monetary loss, or any other injury from or related to COVID-19; (iv) any matter or thing growing out of the condition, occupation, maintenance, alteration, repair, use or operation by any person of the Premises, or any part thereof, or the operation oft the business contemplated by this Lease to be conducted there; (v) any damage or loss related to protesting or rioting resulting from Macon County. jury verdicts during the lease term; (vi) any failure of Lessee to comply with any laws, ordinances, requirements, orders, directions, rules or regulations ofany governments authority, including without limitation, the Accessibility Laws; or (vii) any other act or omission ofLessee, its employees, agents, invitees, licensees or 15. Notices. Untill Lessee is notified otherwise in writing, the checks for rental accruing hereunder shall be forwarded tol DRAKE RENTAL, 235 East Palmer Street, Franklin, NC 28734. Also, all notices to the Lessor hereunder shall be forwarded to the Lessor at the above address, by registered mail or certified mail, return receipt requested. UntilLessori is notified otherwise in writing, all notices given to the Lessee hereunder shall be forwarded to the Lessee at 5 West Main Street, Franklin, NÇ: 28734, Attention, Macon County Manager by registered or certified mail, return receipt requested. Notice shall be deemed given when the same is deposited in the United States registered or certified mail with sufficient postage 16. Default and] Remedies and Governing Law. In the event either party defaults under this Lease, the non-defaulting party shall have all rights and remedies available at law or in equity. This lease was made in and shall be governed by the laws of the State ofNorth 17. Surrender ofl Premises. Upon expiration oft the Lease, Lessee shall surrender the Premises ina at least as good condition as on the effective date of this Lease. Should Lessee continue in  reason; and (vii) the actions of any other person or persons.  contractors.  prepaid thereon to carry the letter to its addressed destination.  Carolina,  4    possession after expiration oft the Term, Lessee shall continue paying the amount ofrent specified in this Lease ands shall continue to bes subject to all of the terms and conditions of this Lease, except that Lessee shall be the tenant at will ofLessor, and in no event a tenant 18. NoLiens. Lessee shall not do or suffer anything to be done whereby the Premises shall be encumbered by a lien, and shall, whenever and as often as any lieni is filed against the Premises purporting to be for labor or material furnished or tol be furnished tot thel Lessee, discharge the same ofrecord within twenty (20) days after the date off filing. Lessee shall indemnify Lessor from all actions and costs ofsuit by any person to enforce a lien, together with any costs and attorney fees incurred by Lessor. Lessee may contest the validity ofany lien or claim ifLessee shalll have posted a bond with adequate surety to ensure that immediately upon final determination ofvalidity ofthe lien or claim Lessor shall be paid for any judgment rendered, with all proper costs and charges, and Lessee shall at such time have the lien released without cost to Lessor. Notice is hereby given that Lessor shall not be liable fora any labor or materials furnished or to be furnished to thel Lessee on credit, and that no mechanics', materialmen's or other lien for any such labor or material shall attach to or affect the reversionary or other estate or interest ofLessor in and to the real estate and  from year-to-year or month-to-month.  improvements which are a part ofthel Premises.  19. Attorneys Fees. Ifits shall become necessary for Lessor to employ an attorney to assert any right or enforce any obligation under this Lease, the Lessor shall be entitled to recover from Lessee, in addition to all other costs and expenses, the reasonable costs and charges ofs such 20. NoAssignment Lessee shall not assign this Lease or sublet all or any portion ofthe 21. Entire Agreement. This Lease contains the entire agreement between the parties relating to the demise ofthe Premises and may not be altered, amended or changed except by instrument 22. E-Verify. Lessor shall comply with the requirements of Article 2 ofChapter 64 of the General Statues. Further, ifLessor utilizes as subcontractor, Lessor shall require the subcontractor to comply with the requirements of Article 20 ofChapter 64 oft the General  attorney to negotiate, settle, or litigate such dispute. Premises without the prior written consent ofLessor.  in writing signed by the parties.  Statues.  REMAINDER OF THIS PAGE NIENTOMALYIETHLANS  5    INTESTIMONY WHEREOF, the Lessor and Lessee have hereunto set their hands and  seals, this the day and year first written above.  LESSOR: V  LESSEE:  fOice (SEAL) B Jennier DIls,CFO Drake Entertainment Properties, LLC  (SEAL)  By:  Derek Roland, County Manager Macon County, North Carolina  NORTHCAROLINA MACON COUNTY  a  SAHBeedloye and State, hereby certify that SeNwifer Dills before me this day and acknowledged that he/she is_ CEO with its copotawwpwapesed byl himselfherselfasi its CFO  Notary Public oft the aforesaid County  personally appeared and that by authority duly  given and as the act ofthe corporation, the foregoing instrument was signed ini its name byi its sealed  NESS, my has andl NOTARIAL SEALhis the 5 day of Oct 2020.  pande H.Bldl My commission expires: 11-17-302/  Public Notary!    NORTHG CAROLINA MACON COUNTY  al Notary Public oft the aforesaid County  and State, hereby certify that Derek Roland personally appeared before me this day and acknowledged that hei is the County Manager and that by authority duly given, the foregoing instrument was signed ini its name byi its sealed with its County seal.  WITNESS, my hand and NOTARIAL SEAL, this the day ofOctober 2020.  Notary Public My commission expires:  6    EXHIBITA  BEING all ofthat property conveyed to Phillip C. Drake and wife, Sharon J. Drake in that deed from Diversified: Services, Inc., recorded April 26, 2000 in Book Y-23 at Page 74 int the Office oft the Register ofI Deeds for Macon County, NC, containing 11.17acres, more or less. ALSO, BEING the same property conveyed from Drake Entertainment Holdings, LLC, aNorth Carolina limited liability company, to Drake Entertainment Properties, LLC, al North Carolina limited liability company, by Deed dated December: 31,2009, and recorded in Deed Book CRPI M-33, Page  27, Macon County Registry.  7    RESOLUTION DECLARING CERTAIN PROPERTY SURPLUS WHEREAS, the Board of Commissioners ofl Macon County desires to dispose of certain NOW THEREFORE BEI ITI RESOLVED, by the Board of Commissioners ofl Macon 1. The following described property is hereby declared to be surplus to the needs oft the  surplus property oft the County;  County that:  County:  One (1)2008 Ford Ranger Truck, VIN # IFTYRIOD28PB13923 with  65,533 miles and a tax value of $4,220  Adopted at the October 13, 2020, Regular Meeting oft the Macon County Board of  Commissioners.  Jim Tate, Chairman oft the Macon County Board of Commissioners  ATTEST:  Clerk to the Board (Official Seal)    RESOLUTION OFTHE MACON COUNTY BOARD OF COMMISSIONERS MAKING DONATION OF TRUCK' TO CENTRAL PIEDMONT COMMUNITY ACTION, INC. THAT WHEREAS, Macon County owns a certain truck being described as a 2008 Ford WHEREAS, Macon County does not presently have a use for the same and has  Ranger Truck, VIN#IFTYRIOD28PB13923; and heretofore declared the same surplus; and  WHEREAS, Macon County desires to donate said truck to Central Piedmont Community Action, Inc. in accordance with the provisions ofN.C. Gen. Stat. $ 160A-280 for use by the Central Piedmont Community Action, Inc. Weatherization Assistance Program in Siler City,  North Carolina; and  WHEREAS, Macon County has duly posted the public notice ofintent to adopt a resolution approving such donation at least five days prior to this October 13, 2020, Regular Meeting ofthe Macon County Board ofCommissioners as required by the provisions ofN.C.  Gen. Stat. $ 160A-280. seconded by Commissioner  NOWTHEREFORE, upon Motion of Commissioner resolved by the Macon County Board of Commissioners as follows:  and duly approved, be it hereby  RESOLVED, that the Macon County Board of Commissioners does hereby donate its 2008 Ford Ranger Truck, VIN # IFTYRIOD28PB13923 unto Central Piedmont Community Action, Inc. in accordance with the provisions ofN.C. Gen. Stat. $ 160A-280 for use by the Central Piedmont Community Action, Inc. Weatherization Assistance Program in Siler City,  North Carolina. Commissioners.  Adopted at the October 13, 2020, Regular Meeting of the Macon County Board of  Jim Tate, Chairman oft the Macon County Board of Commissioners  ATTEST:  Clerk to the Board (Official Seal)    NOTICE OF INTENT TO MAKE DONATION OF SURPLUS TRUCK1 TO CENTRAL PIEDMONT COMMUNITY ACTION, INC. THAT WHEREAS, Macon County owns a certain truck being described as a 2008 Ford WHEREAS, Macon County does not presently have a use for the: same and willl be WHEREAS, Macon County desires to donate said truck to Central Piedmont Community Action, Inc., a nonprofit human service organization, in accordance with the provisions ofN.C. Gen. Stat. $ 160A-280 for use by the Central Piedmont Community Action, Inc. Weatherization  Ranger Truck, VIN # IFTYRIOD28PB13923; and  declaring the same surplus; and  Assistance Program in Siler City, North Carolina; and  WHEREAS, Macon County shall post the public notice ofintent to adopt a resolution approving surplus and such donation at least five days prior to the October 13, 2020, Regular  Meeting of the Macon County Board ofCommissioners.  THEREFORE, notice is hereby given that the Macon County Board of Commissioners intends to adopt a resolution ati its October 13,2020, Regular Meeting of the Macon County Board ofCommissioners which shall begin at 6:00 o'clock p.m. in the Commissioners' Board Room located in thel Macon County Courthouse at 5 West Main Street, Franklin, NC: 28734, approving the surplus and donation by Macon County ofits 2008 Ford Ranger, VIN# IFTYRIOD28PB13923, unto Central Piedmont Community Action, Inc. in accordance with the provisions ofN.C. Gen. Stat. $ 160A-280 for use by Central Piedmont Community Action, Inc.  Weatherization Assistance Program in Siler City, North Carolina.  This the 25th day of September, 2020. Posted this the 30th day of September, 2020.  BAGaZ Derek Roland, Macon County Manager for the Macon County Board ofCommissioners    MEMORANDUM Date: 10/06/2020  To: Derek Roland, County Manager Cc: Warren Cabe, EMS Director From: Kathy McGaha, Health Director et  Macon County Public Health  RE: Recommendation to establish budget for free flu shots for uninsured individuals  Because of the COVID-19 Pandemic, getting a flu shot is more important than ever. The flu shot protects yourself, your family and your community from flu. Because some of the symptoms of flu and COVID-19 are similar, it may be hard to tell the difference between the two illnesses based on symptoms alone. Getting a flu shot can help reduce the burden on our healthcare system responding to the COVID-19 pandemic and save medical resources for care of COVID-19 patients. We know that there is a national outreach effort to increase the number of people who get vaccinated against the flu this year. Primary Care Physicians, pharmacies, and MCPH are working to vaccinate as many Macon County residents as we can. However, considering the economic downturn and the number of uninsured individuals in the county, I am recommending that Macon County Commissioners appropriate funding to provide flu shots for free to any person living or working in Below is a breakdown of the number of flu shots given by MCPH to self-pay  Macon County that is uninsured.  individuals:  Flu Shots Given to Self-Paying Individuals by MCPH-2019  #of Flu Shots Given 48 76 124  2019 Fee-$32.00 $1,536 $2,432 $3,968  Community Sponsored (Fire Departments, Free Clinics) Self-Pay  Total  MCPH has established the 2020 fee for the flu shot at $36.00 based on the cost of the vaccine. If you estimate that the demand for the flu shot has doubled for 2020 because of the increased outreach efforts, I anticipate that we would need $8,928  (124X2X$3.00) to fund this proposal.  1830L Lakeside Drive Franklin, North Carolina, 28734 * 828-349-2081 www.maconnc.org  Accredited byt thel NCLocal Health! Department. Accreditation Board    : STATE  ROY COOPER Governor ANTHONY M. COPELAND Secretary KENNYE FLOWERS Assistants Secretary  QUAM September 9,2020 Jim" Tate Chairman Macon County 5 West Main Street Macon County Courthouse Franklin, NC28734-3005 Dear Chairman Tate:  Re: Contract Agreement for Grant Number 2021-009-3201-2587; Your Signature and] Reply is Requested Enclosed for your review and signature isa complete set ofcontract documents required to finalize the grant award from thel North Carolina Rurall Infrastructure Authority. Belowi isa a description of the documents enclosed along with  Project Title: Hospice House, Inc."  an explanation ofthes signatures required for each document. Agreement Commerce and the Unito ofLocal Government.  Document: Document Description:  Signed By: Highest] Elected Official Unito ofLocal Government No Signature Required No Signature Required Highest Elected Official- Unit ofLocal Government and] Legal Property Owner listed on the Deed. Legal Property Owner listed ont thel Deed. the project. Highest] Elected Official- - Unit ofLocal Government  Grant  Contract: Outlines the terms of Grant Agreement between the Department of  Exhibit A Scope of Services: Outlines thes scope of the renovation/consnuction project. ExhibitC Reporting Schedule: Outlines the: schedule ofreports that are due from the Unitof ExhibitE Legally Binding Commitment (LBC): Outlines terms and conditions ofthel Loan. Exhibit] F Promissory Note: Defines the repayment terms oft the Loani int the event of default.  ExhibitB Payment Schedule: Outlines the process fort the Unit ofLocal Goverment tor request No Signature Required ExhibitD Closeout/Job Requirements: Outlines the process fort the Unit ofLocal Government to No Signature Required  reimbursements from Department of Commerce.  Local Government tot the Department ofCommerce and whent they are due. report the creation and maintenance ofj jobs to the Department of Commerce.  ExhibitG Limited Waiver of Confidentiality: Contains employment information reported to the Each Businessi involvedi in Execute these documents, scan a quality copy and return to my attention at mcpatsdnsgomecsom Ifyou have any questions ori ifI can be of any assistance, please contact me at (919)814-4671 or  Department ofCommerce's Division of Employment Security.  ExhibitH Deed of Trust Documentation dossadnsoeswN J6eholG.ooo Nichole M. Gross Grant Manager Enclosure  Sincerely,  NorthCarolinal Departmert ofCommercel RuralEconomic' Development! Division 301N Northy Wimington: Streer 4346Mailservicet Center Raleigh.NC274994 4346  919814 4600T    Rural Economic Development Grant Agreement, Private Owner  BUILDING REUSE PROGRAM  2021-09-3201-2587  The North Carolina Department ofCommerce ("Commerce"), an agency of the State of North Carolina ("State"), enters into this Rural Economic Development Grant. Agreement ("Grant Agreement") with Macon County (the "Governmental Unit" and, together with  Commerce, the "Parties").  WHEREAS, the North Carolina General Assembly ("General Assembly") has determined that it is the policy of the State to stimulate economic activity and to create new jobs for citizens oft the State by providing matching grants or loans to specific local governmental units sO as toj productively reuse certain buildings and properties or expand rural health care facilities subject to the requirements ofN.C.G.S. 99143B-472.127 and. .128; and  WHEREAS, under N.C.G.S. $143B-472.128, the General Assembly created the North Carolina Rural Infrastructure Authority ("Rural Authority") to review applications for and, where appropriate, authorize such matching grants or loans, and, underl N.C.G.S. $$143B- 472.126 and. .127, the General Assembly authorized Commerce to administer: such grants or  loans; and  WHEREAS, pursuant to N.C.G.S. $9143B-472.127 and .128, and based on the terms, conditions and representations in this Grant Agreement's Exhibits A (Scope of Project), Exhibit B( (Payment Schedule), Exhibit C (Reporting Schedule), Exhibit D (Closeout Schedule/Job Requirements), Exhibit E( (LBC), Exhibit F (Promissory Note) and Exhibit G (Waiverof Confidentiality ("Waiver"), the Rural Authority has approved a grant (the "Grant") to the  Governmental Unit; and  WHEREAS, without limitation, the Rural Authority awarded the Grant: (1) based on the application filed by the Governmental Unit and any subsequent materials supporting the application that have been approved ofby Commerce in writing, all of which are incorporated by reference herein; (2) based on the representation in the application that Hospice House Foundation of WNC, Inc (the "Owner") owns certain real property located at:  272 Maple St. Franklin, NC28744  inl Macon County, North Carolina (the "Property"); (3) based on Commerce's Grant requirements and guidelines, which are incorporated herein and which may be amended, modified or supplemented and applied accordingly to this Grant Agreement by Commerce in its sole discretion; and for (4) the creation and retention of certain jobs in the course of completing certain renovationsyconstruction work at the Property (altogether, the "Project," as summarized  in] Exhibit A to this Grant Agreement).  NOW,THEREFORE, in consideration of the mutual promises and such other valuable consideration as set out herein, the Parties mutually agree to the following terms and conditions:  Grant Agreement- -1    Rural Economic Development Grant Agreement, Private Owner  BUILDING REUSE PROGRAM  201-009-3201-2587  1. Scope ofl Program/Agreements to be Executed. (a). As conditions oft the Grant Agreement:  The highest elected official oft the Governmental Unit shall execute two originals ofthis Grant Agreement in its exact form (unless Commerce approves ofa change toi its terms in writing) and shall return one ofthem to Commerce; ii. The Governmental Unit shall ensure that its highest elected official and a duly authorized representative oft the Owner execute two originals oft the Rural Economic Development Loan Agreement and Legally Binding Commitment ("LBC") ini its exact form (unless Commerce approves ofa change to its terms in writing) and shall return one such original to Commerce with the one executed iii. The Governmental Unit shall ensure with the Owner that every individual or entity that has any ownership interest in the realj property which is the subject of the Project executes two originals of the Promissory Note attached as Exhibit F ini its exact form and shall return one such original to Commerce with the one iv. Exhibit A refers to the entity (or entities, as applicable) required to create and maintain certain full-time new jobs ("New Jobs") to complete the Project as the "Company," the "Employer" and the "Business" (together and hereinafter, the "Business"). The Governmental Unit shall ensure that an authorized representative of each Business executes a Waiver of Confidentiality ("Waiver"), attached as Exhibit G, and shall return the original of any such Waiver to Commerce with the executed originals oft the Grant Agreement. The Governmental Unit shall also ensure that any additional Business which becomes involved in the Project after the Grant Agreement is finalized executes a Waiver upon its involvement, the original of which the Governmental Unit (b). The Governmental Unit shall provide Commerce with any information obtained pursuant to the LBC and allow Commerce to execute any rights oft the Governmental Unit under thel LBC, including the Governmental Unit's rights ofaccess, review or monitoring and Commerce's rights as a third-party beneficiary thereunder. (c). The Governmental Unit shall exercise all ofi its rights and duties under the LBC ina prudent and timely manner to ensure the use oft the Grant funds for the intended purposes and objectives and to preserve the rights of Commerce in this Grant (d). The LBC specifies how many New. Jobs the Business must create and maintain in the performance oft the Project and, ift the Business fails to do so, those Grant funds that the Owner must repay to the Governmental Unit for return to Commerce or else repay directly to Commerce, upon request and as directed. Ifsuch New Jobs are not created or maintained, then the Governmental Unit shall return to Commerce any Grant funds ith has not already disbursed to the Owner, make ai timely demand for repayment from the Owner and, ifsuch repayment is not forthcoming, initiate and fully litigate legal  original oft the Grant Agreement;  executed originals oft the Grant Agreement; and  shall promptly forward to Commerce.  Agreement and the LBC.  Grant Agreement-2    Rural Economic Development Grant Agreement, Private Owner  BUILDING REUSE PROGRAM  2021-009-3201-2587  proceedings against the Owner to recover: such repayment.  (e). Without limitation, failure by the Governmental Unit to timely demand repayment from and, ifnecessary, initiate and fully litigate such legal proceedings against the Owner may affect the future consideration oft the Governmental Unit for grant programs administered by Commerce. Further, and without limitation, ifthe Governmental Unit fails to timely initiate legal proceedings against the Owner for such repayment and Commerce elects to do soi instead, the Governmental Unit is responsible and agrees to reimburse Commerce for all litigation costs and reasonable  attorneys' fees that Commerce incurs in pursuing repayment.  2. Changes in the Project or Other Conditions.  (a). A "Project Change" is any material alteration, addition, deletion or expansion ofthe Project, including (without limitation) material changes to construction or rehabilitation, the terms or conditions oft the loan under the LBC ("Loan"), the required number ofl New Jobs, the matching investment in the Project, any cessation ofbusiness by the Owner or any Business and any filing ofbankruptcy by the Governmental Unit, the Owner or any Business. There shall be no Project Changes unless expressly approved ofby Commerce in a separate, prior written agreement stating, ifapplicable, the costs and schedule for completing the Project Change. Notwithstanding the foregoing and wherever referred toi in this Grant Agreement, "cessation of business," " "ceasing to do business" and "ceases to do business" shall not include (1) ceasing operations to maintain, service or upgrade real or personal property oft the Owner, (2) seasonal shutdowns of operations as long as such cessation do not exceed a total of four (4) weeks in any calendar year (excluding time attributable to an event of force majeure as described below) and (3) under the circumstances of for thej period oft time described in Paragraph 17 below. (b). Additionally, the Governmental Unit shall immediately notify Commerce ofany change in conditions or local law, or any other event, which may significantly affect its ability to oversee, administer or perform this Grant Agreement, the LBC or the Project. In its sole and unreviewable discretion, Commerce may deem such a change in conditions, local law or other event to constitute al Project Change.  3. Term of Grant Agreement. The effective period oft this Grant Agreement shall commence on 8/20/2020 ("Effective Date") and shall terminate on 8/20/2022 unless terminated on an earlier date under the terms of this Grant Agreement (either one of which dates shall constitute the Termination Date") or unless extended for an express term in writing by the 4. Funding. The Rural Authority grants to the Governmental Unit an amount not to exceed $70,000.00 for expenditures directly relating to the Project. The Governmental Unit hereby represents and warrants that all Grant funds shall be utilized exclusively for the purpose of the Project and consistent with all applicable laws, rules, regulations and requirements, and  Governmental Unit.  Grant Agreement- -3    Rural Economic Development Grant Agreement, Private Owner  BUILDING REUSE: PROGRAM  2021-009-3201-2587  that the Governmental Unit shall not make or approve of any improper expenditure of Grant funds (including Loan funds). Administrative expenses oft the Governmental Unit are not eligible for Grant funding and any such use of Grant funds will violate this Grant  Agreement.  5. Independent Status oft the Governmental Unit.  (a). The Governmental Uniti is an entity independent from thel Rural Authority and Commerce. The Grant Agreement, the LBC, the Project and any actions taken pursuant to them shall not be deemed to create aj partnership orj joint venture between or among Commerce, the Rural Authority, the Governmental Unit or any third party (including, without limitation, the Owner or any Business). Nor shall the Grant Agreement, the LBC or the Project be construed to make the Governmental Unit (including its employees, agents, members or officials) or any third party (including, without limitation, the Owner or any Business) employees, agents, members or officials of Commerce or the Rural Authority. Neither the Governmental Unit nor any third party (including, without limitation, the Owner or any Business) shall have the ability tol bind Commerce or the Rural Authority to any agreement for payment of goods or services or represent to any person that they have such ability. (b). The Governmental Unit shall be responsible for payment ofall ofi its expenses, including rent, office expenses and all forms ofc compensation to employees. The Governmental Unit shall provide worker's compensation insurance to the extent required for its operations and shall accept full responsibility for payments of unemployment tax or compensation, social security, income taxes, and any other charges, taxes or payroll deductions required by lawi in connection with its operations, fori itself and its employees who are performing work pursuant to this Grant Agreement. All expenses incurred by the Governmental Unit are its sole responsibility, and neither Commerce nor thel Rural Authority shall bel liable for the payment ofany obligations incurred in the performance ofthe Project.  6. Method ofF Payment. Commerce shall pay the Grant funds to the Governmental Unit in accordance with the Payment Schedule attached hereto as Exhibit B after receipt ofwritten requests for payment from the Governmental Unit certifying that the conditions for such payment under this Grant Agreement have been met and that the Governmental Unit is entitled to receive the amount SO requested and any other documentation that may be 7. Obligation ofFunds. The Governmental Unit shall not obligate Grant funds prior to the Effective Date or subsequent to the Termination Date ofthis Grant Agreement. All obligations outstanding as oft the Termination Date shall be liquidated within thirty days.  required by Commerce.  8. Project Records.  (a). The Governmental Unit shall maintain full, accurate and verifiable financial records, supporting documents and all other pertinent data for the Project in such ai manner: as to clearly identify and document the expenditure oft the State funds provided under  Grant Agreement 4    Rural Economic Development Grant Agreement, Private Owner  BUILDING REUSE PROGRAM  2021-009-3201-2587  this Grant Agreement separate from accounts for other awards, monetary contributions or other revenue sources for this Project. (b). The Governmental Unit shall retain all financial records, supporting documents and all other pertinent records related to the Project for aj period ofi five (5)years from the Termination Date. In the event such records are audited, all Project records shall be retained beyond the five-year period until the audit is concluded and any and all audit  findings have been resolved.  9. Monitoring, Reports and Auditing.  (a). The Governmental Unit agrees to ensure compliance. and provide its assistance with such monitoring and auditing requirements as the State may request, including following the Termination Date ofthis Grant Agreement. Additionally, the Governmental Unit shall regularly monitor all performance under Grant-supported activities, including activities performed by the Owner and any Business, to ensure that time schedules are being met, New Jobs are being created and maintained and (b). The Governmental Unit shall furnish Commerce detailed written progress reports according to the time periods specified in Exhibit C or as otherwise requested by Commerce. Such reports should describe the progress made by the Governmental Unit, the Owner and any Business toward achieving the purpose(s) ofthe Project, including specifically the goals ofl New. Job creation and maintenance. Such descriptions should include the successes and problems encountered during the reporting period. Failure to submit a required report by the scheduled submission date will result in the withholding of any forthcoming payment until Commerce is in receipt oft the delinquent report and the report meets with Commerce's approval, in (c). The Governmental Unit acknowledges and agrees that, with regard to the Grant funds, it will be subject to the audit and reporting requirements prescribed by N.C.G.S $159-34, Local Government Finance Act - Annual Independent Audit; rules and regulations. Such audit and reporting requirements may vary depending upon the amount and source ofGrant funding received by the Governmental Unit and are (d). Within thirty (30) days after the Termination Date, the Governmental Unit shall submit a final report to Commerce describing the activities and accomplishments of the Project. The final report shall include a review ofperformance and activities over the entire Project period. In the final report, the Governmental Unit should describe the Project, how it was implemented, to what degree the established Project objectives were met and the difficulties encountered, what the Project changed and its (e). The Governmental Unit grants the State and any ofits related agencies, commissions or departments (including, without limitation, Commerce, the North Carolina State Auditor and the North Carolina Office of State Budget and Management) and any of their authorized representatives, at all reasonablei times and as often as necessary (including after the Termination Date), access to and the right to inspect, copy,  other performance goals are being achieved.  Commerce's: sole discretion.  subject to change from time to time.  cost.  Grant Agreement -5    Rural Economic Development Grant Agreement, Private Owner  BUILDING REUSE PROGRAM  2021-009-3201-2587  monitor, and examine all of the books, papers, records and other documents relating to the Grant Agreement, the LBC or the Project. Likewise, the Governmental Unit shall ensure that the Owner and any Business provide the same access. In addition, the Governmental Unit agrees to comply at any time, including after the Termination Date, with any requests by the State (including, without limitation, the Rural Authority or Commerce) for other financial and organizational materials to permit the State to comply with its fiscal monitoring responsibilities or to evaluate the short- and  long-range impact ofi its programs.  10. Termination: Availability of Funds.  (a). Ifthe Governmental Unit fails to fulfill in at timely and proper manner its obligations or violates any of the covenants or stipulations under this Agreement, ifthe Owner fails to fulfill in a timely and proper manner its obligations or violates any ofits covenants or stipulations under the LBC or ifany Business fails to fulfill those requirements applicable to it in the LBC, the Governmental Unit agrees that Commerce has the right to terminate this Grant. Agreement and/or the LBC by giving, as applicable, the Governmental Unit or the Governmental Unit and the Owner written notice specifying the Termination Date, which Commerce may determine in its sole discretion. Upon such termination, Commerce shall have no responsibility to make additional Grant payments. Upon such termination, the Governmental Unit shall not expend any Grant funds (including Loan funds) without Commerce's express written authorization and shall return all unspent Grant funds to Commerce (b). The obligations oft the Rural Authority and/or Commerce toj pay any amounts under this Grant Agreement are contingent upon the availability and continuation of funds for such purpose. Iff funds for the Grant (and therefore the Loan) become unavailable, the Governmental Unit agrees that Commerce has the right to terminate this Grant Agreement and/or the LBC by giving written notice specifying the Termination Date, which Commerce shall determine in its sole discretion. Upon sucht termination, the State shall have no responsibility to make additional Grant payments. Further, upon such termination, the Governmental Unit shall not expend any Grant funds (including Loan funds) without Commerce's express written authorization and shall return all  upon demand.  unspent Grant funds to Commerce upon demand.  11. Liabilities and Loss. The Governmental Unit hereby agrees to release, indemnify and hold harmless the State (including, without limitation, thel Rural Authority and Commerce), and their respective members, officers, directors, employees, agents and attorneys (together, the Indemnified Parties"), from any claims of third parties (including, without limitation, the Owner and the Business) arising out of any act or omission of the Governmental Unit or any third party (including, without limitation, the Owner and the Business) in connection with the performance ofthis Grant Agreement, the LBC or the Project, and for all losses arising from theirimplementation. Without limiting the foregoing, the Governmental Unit hereby releases the Indemnified Parties from, and agrees that such Indemnified Parties are not liable for, and agrees to indemnify and hold harmless the Indemnified Parties against,  Grant Agreement- -6    Rural Economic Development Grant Agreement, Private Owner  BUILDING REUSE PROGRAM  2021-09-3201-2587  any and all liability or loss, cost or expense, including, without limitation, reasonable attorneys' fees, fines, penalties and civil judgments, resulting from or arising out ofori in connection with or pertaining to, any loss or damage to property or any injury to or death of any person occurring in connection with the Project, or resulting from any defect in the fixtures, machinery, equipment or other property used in connection with the Project or arising out of, pertaining to, or having any connection with, the Project or the financing thereof (whether arising out of acts, omissions, or negligence of the Governmental Unit or ofany third party (including, without limitation, the Owner and thel Business), or ofa any of their agents, contractors, servants, employees, licensees, lessees, or assignees), including any claims and losses accruing to or resulting from any and all subcontractors, material men, laborers and any other person, firm or corporation furnishing or supplying work, 12. Governmental Unit Representations and Warranties. The Governmental Unit hereby  services, materials or supplies in connection with the Project.  represents and warrants that:  (a). The execution and delivery of this Grant Agreement have been duly authorized by all necessary Governmental Unit action and are not in contravention of law orin contravention oft thej provisions of any indenture agreement or undertaking to which (b). There is no action, suit proceeding, or investigation atl law ori in equity or before any court, public board or body pending, or to the knowledge oft the Governmental Unit, threatened against or affecting it, the Owner or the Business, that could or might adversely affect the Project or any oft the transactions contemplated by this Grant Agreement or the validity or enforceability of this Grant Agreement or the abilities of the Governmental Unit or the Owner to discharge their obligations under this Grant Agreement. Ifit is subsequently found that an action, suit, proceeding, or investigation did or could threaten or affect the development of the Project, the Governmental Unit shall be liable to Commerce for repayment of the entire amount of the Grant and this Grant Agreement may be terminated by Commerce effective upon (c). No consent or approval is necessary from any governmental authority as a condition to the execution and delivery oft this Grant Agreement by the Governmental Unit or the performance ofany ofits obligations hereunder, or all such requisite governmental consents or approvals have been obtained. The Governmental Unit shall provide Commerce with evidence oft the existence ofa any such necessary consents or approvals at the time of the execution oft this Grant Agreement. (e). A cash match grant, loan or other funding ("Cash Match") equal to the amount of the Loan shall have been unconditionally committed to the Project. The Governmental Unit shall have procured and contributed at least five percent (5%) ofthis Cash Match, but no part of this 5% contribution can have derived, either directly or indirectly, from any other State or federal source. All Cash Match funds shall be utilized exclusively for the purpose of the Project, and there shall be no improper expenditures of Cash Match funds. All Cash Match funds shall be expended prior to  the Governmental Unit is aj party or by which it is bound.  notice.  (d). The Governmental Unit is solvent.  Grant Agreement-7    Rural Economic Development Grant Agreement, Private Owner  BUILDING REUSE: PROGRAM  2021-009-3201-2587  or simultaneously with and at the same rate as the Owner's expenditure ofLoan (f). Upon the Governmental Unit's reasonable inquiry ofa and receipt ofs supporting evidence from the Owner, both the Owner and any Business are duly authorized to do business under North Carolina law and are not delinquent on any federal, state or  funds.  local taxes, licenses or fees.  13. Cessationlemmination, Bankruptcy, Dissolution or Insolvency.  (a). Under the LBC, the Owner agrees at all times to preserve its legal existence, except that it may merge or consolidate with or into, or sell all or substantially all ofits assets to, any entity that expressly undertakes, assumes for itselfand agrees in writing to bel bound by all of the obligations and undertakings of the Owner contained in the LBC. Ifthe Owner SO merges, consolidates or sells its assets without such an undertaking being provided, it agrees int thel LBC to repay to the Governmental Unit or Commerce, upon request and as directed, all unspent Loan funds. Further, a merger, consolidation or sale without such an undertaking shall constitute a material default under the LBC, and the Governmental Unit or Commerce may terminate the LBC upon written notice to the Owner and hold the Owner liable for any other (b). Other than as provided fori in Paragraph 13(a) above, ifthe Owner or any Business ceases to do business or becomes the subject of any bankruptcy, dissolution or insolvency proceeding prior to the Termination Date, it shall be the sole responsibility ofthe Governmental Unit to () immediately notify Commerce and (ii) pursue any claim for Grant funds owed the State by the Owner or Business, including in any legal proceeding, to obtain the maximum payment allowed by law. To the extent the Governmental Unit fails to pursue repayment oft the Grant funds in such a proceeding and obtain the maximum payment allowed by law, and without limitation, the Governmental Unit shall be liable to Commerce for all amounts that should have been awarded to the Unit in the proceeding ifit had taken the necessary action (notwithstanding whether such amounts would have actually been paid by the Owner or Business). Alternatively, without limitation, ift the Governmental Unit fails to pursue repayment ofthe Grant funds in: such a proceeding and Commerce elects to do sO instead, the Governmental Unit is responsible and agrees to reimburse Commerce for all legal costs and reasonable attorneys' fees that Commerce incurs in pursuing (c). lfthe Governmental Unit fails toj provide Commerce notice of the Owner or any Business ceasing to do business or becoming the subject ofany bankruptcy, dissolution or insolvency proceeding prior to the Termination Date, it shall constitute a material default under this Grant Agreement. Ifthere is such a cessation or such a proceeding, Commerce may terminate the Grant Agreement upon written notice to the Governmental Unit. Ifthere is such a cessation or such aj proceeding, the Governmental Unit agrees that Commerce has the right to terminate this Grant Agreement and/or the LBC by giving, as applicable, the Governmental Unit or the Governmental Unit and the Owner written notice specifying the Termination Date,  repayment provided for under the LBC.  repayment.  Grant Agreement- 8    Rural Economic Development Grant Agreement, Private Owner  BUILDING REUSE PROGRAM  2021-009-3201-2587  which Commerce may determine ini its sole discretion. Upon such termination, the Governmental Unit, the Owner and any Business shall not expend any Grant or Loan funds without Commerce's express written authorization and shall return all unspent Grant or Loan funds to Commerce upon demand and if permissible under applicable  bankruptcy, dissolution or insolvency law.  14. Additional Repayment Requirements and Remedies.  (a). The repayment requirements and remedies addressed in this Paragraph 14 arei in addition to those repayment requirements and other remedies set forth elsewhere in this Grant Agreement, including the requirements to repay unspent Grant funds. No remedy conferred or reserved by or to the State isi intended to be exclusive ofany other available remedy or remedies, but each and every such remedy shall be cumulative and shall bei in addition to every other remedy provided fori in this Grant Agreement, or now or hereinafter existing at law, in equity, or by statute, and any such right or power may be exercised from time to time and as often as may be (b). Ifthere is al breach of any oft the requirements, covenants or agreements in this Grant Agreement or the LBC, or ifthere are any representations or warranties which are untrue as to a material fact in this Grant Agreement, the LBC or in relation to the LBC or the Project (including the performance thereof), the Governmental Unit agrees that Commerce has the sole discretion to require repayment from the Governmental Unit of an amount of Grant funds to be determined in Commerce's sole discretion but not to exceed the amount of Grant funds the Governmental Unit has already received under this Grant Agreement. Such requirements, covenants or agreements include but are not limited to Paragraphs 1, 2(a), 4, 10(a), 12 and 13of this Grant Agreement and include but are not limited to the creation and retention of the New. Jobs and the retention of the Baseline Number of jobs under thel LBC. 15. No Waiver by the State. Failure ofthe State (including, without limitation, the Rural Authority and Commerce) at any time to require performance of any term or provision of this Grant Agreement or the LBC: shall in no manner affect the rights ofthe State at a later date to enforce the same or to enforce any future compliance with or performance of any of the terms or provisions hereof. No waiver of the State of any condition or the breach ofa any term, provision or representation contained in this Grant Agreement or the LBC, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of that or any other 16. Waiver of Objections to Timeliness of] Legal Action. The Governmental Unit knowingly waives any objections it has or may have to timeliness of any legal action (including any administrative petition or civil action) by the State (including, without limitation, the Rural Authority or Commerce) to enforce its rights under this Grant Agreement. This waiver includes any objections the Governmental Unit may possess based on the statutes of  deemed expedient.  term, provision or representation.  limitations or repose and the doctrines of estoppel or laches.  Grant Agreement-9    Rural Economic Development Grant Agreement, Private Owner  BUILDING REOSE PROGRAM  2021-009-3201-2587  17. Force Majeure. If(a) during the term ofthis Grant the real or personal property located on or constituting the Property suffers damage or destruction caused by acts of God, fires, floods, storms, insurrection, riots, acts ofthe public enemy, national catastrophe, or similar unexpected events, (b) such damage or destruction was not principally caused by the negligence, willful misconduct or violation of applicable law by the Owner, (c) the Owner uses reasonable efforts to repair, or to work around, such damage or destruction reasonably promptly, and (d) as a direct result ofs such damage or destruction the Owner cannot satisfy the requirements and obligations of Sections 3 ofthel LBC as and when the LBC requires, then the Owner will be entitled to an extension oftime not to exceed sixty (60) days to satisfy the requirements and obligations of Section 3 ofthe LBC; provided that the Governmental Unit ini its sole discretion with respect to the obligations iti is owed by the Owner, may elect to extend that sixty day period to give the Owner additional time to  satisfy those requirements. 18. Special Provisions and Conditions.  (a). Non-discrimination. The Governmental Unit agrees not to discriminate by reason of age, race, religion, color, sex, national origin or disability related to the activities of (b). Conflict ofl Interest. The Governmental Unit shall adopt and keep on file, along with the executed copies of this Grant Agreement, a copy ofits policy and any ordinance or resolution it has adopted addressing conflicts ofi interest that may arise involving the members of the Governmental Unit's governing body and/or any ofi its employees or officers involved ini the Grant, the LBC or the Project. Such policy, ordinançe or resolution shall address situations in which any oft these individuals may directly or indirectly benefit, other than through receipt of their normal compensation in their capacities as the Governmental Unit'semployees, officers or members ofi its governing body, from the Grant, the LBC or Project, and shall include actions to be taken by the Unit or the individual, or both, to avoid conflicts ofinterest and the appearance ofimpropriety. Additionally, the Governmental Unit certifies that, as of the date it executes this Grant Agreement, no such individuals have such a conflict of interest or will directly or indirectly benefit, except in the capacities described above, from the Grant, LBC or Project. Throughout the duration ofthis Grant Agreement, the LBCand the Project, the Governmental Unit has the duty toj promptly inform Commerce of any such conflict ofi interest or direct or indirect benefit of which it (c). Compliance with Laws. The Governmental Unit shall at all times observe and comply with all laws, regulations, codes, rules, ordinances and other requirements (together, "Laws") of the state, federal and local governments which may ina any manner affect the performance of the Grant Agreement, the LBC or the Project. (d). Non-Assignability. The Governmental Unit shall not assign or transfer any interest in the Agreement without the prior written consent of Commerce; provided, however, that claims for money due to Governmental Unit from Commerce under this  this Grant Agreement.  becomes aware.  Grant Agreement- 10    Rural Economic Development Grant Agreement, Private Owner  BUILDING REUSE PROGRAM  2021-009-3201-2587  Agreement may be assigned to any commercial bank or other financial institution (e). Personnel. The Governmental Unit represents that it has, or will secure at its own expense, all personnel required to monitor, carry out and perform the scope of services ofthis Agreement. Such employees shall not be employees of Commerce. Such personnel shall be fully qualified and shall be authorized under state and local  without such approval.  law to perform such services.  19. Notice. All notices required or permitted to be delivered hereunder and all communications ini respect hereof shall be in writing and shall be deemed given when personally delivered or when deposited in the United States mails, certified, return receipt requested, first class,  postage prepaid and addressed as follows:  Ifto the Rural Authority or Commerce: Attn: Hazel Edmond  Program Manager  North Carolina Department of Commerce Rural Economic Development Division 301 North Wilmington Street 4346. Mail Service Center Raleigh, North Carolina 27699-4346  Ifto the Governmental Unit:  Attn: Jim Tate Chairman Macon County 5 West Main Street Macon County Courthouse Franklin, NC28734-3005  ora addressed to such other address or to the attention of such other individual as Commerce ort the Governmental Unit shall have specified in ai notice delivered pursuant to this  subsection.  Grant Agreement- - 11    Rural Economic Development Grant Agreement, Private Owner  BUILDING REUSE PROGRAM  2021-009-3201-2587  20. Entire Agreement. This Grant Agreement supersedes all prior agreements between or among the Rural Authority and/or Commerce and the Governmental Unit with regard to the Project and expresses their entire understanding with respect to the transactions contemplated herein, and shall not be amended, modified or altered except pursuant to a writing signed by both Commerce and the Governmental Unit. 21. Execution. This Grant Agreement may be executed in one or more counterparts, each of which, when executed, shall be deemed an original, and such counterparts, together, shall constitute one and the same Grant Agreement which shall be sufficiently evidenced by one 22. Construction. This Grant Agreement shall be construed and governed by the laws oft the 23. Severability. Each provision of this Grant Agreement is intended to be severable and, if any provision ofthis Agreement is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect or impair any other provision oft this Grant Agreement, but this Grant Agreement shall be construed as ifsuch invalid, illegal or unenforceable provision had not been contained herein.  ofs such original counterparts. State ofNorth Carolina.  Grant Agreement- 12    Rural Economic Development Grant Agreement, Private Owner  BUILDING REUSE PROGRAM  2021-09-3201-2587  24. Acceptance. Ifthe Governmental Unit agrees to the Grant conditions as stated, please return the executed documents specified in Paragraph 1(a). This Grant may be withdrawn ifCommerce has not received such documents within thirty (30) days from the date of the cover letter from Commerce to the Governmental accompanying this Grant Agreement and IN WITNESSETH WHEREOF, the parties hereto have executed this Grant Agreement as oft the  its Exhibits. date first above written.  Macon County  Signature: Printed Name: Title: Date:  [SEAL]  North Carolina Department of Commerce  Signature:  [SEAL]  Kf  Printed Name: Kenny Flowers  Title: Date:  Assistant Secretary for Rural Economic Development  9/9/2020  Grant Agreement-1 13    BUILDING REUSE: PROGRAM - Health Care  2021-009-3201-2587  Macon County Hospice House, Inc.  EXHIBITA SCOPEOF PROJECT  Summary: Thej project will support the reuse of3,300 SF building located at 2721 Maple Street in] Franklin. The building was constructed: in 1967 and has been vacant for nearly three years. Hospice House Foundation, Inci is al hospice inpatient facility that offers hospice and palliative care, home care, care navigation, and clinical research. The company has nine facilities throughout North Carolina. This project will allow the company to add another facility tol be named Four Season The Care  you Trust.  EXHIBITB PAYMENT SCHEDULE  Eligible Expenditures:  Vacant Building Category: within the existing building footprint Existing Business Building Category: within the existing building and/or additions Rural Health Care Category: within the existing building, additions and/or new construction  Eligible costs under all funding categories include, but are not limited to: materials and labor toi install HVAC, electrical, plumbing, fire alarm/suppression systems, roofing, flooring, carpentry, drywall, paint, etc. Thisi is not an exhaustive list; grantees should contact the Rural Development Division for questions about whether a specific expense is eligible under the Thei following costs are: specifically prohibited under the program and may not be: submitted for reimbursement or the matching funds requirement: building purchase, architectural costs, engineering costs, permit fees, surveys, legal fees, machinery & equipment, telephone hardware ands software, computer hardware and software, furnishings, paving, fencing, kitchen equipment, refrigeration equipment, etc. This is not ane exhaustive list; grantees should contact the Rural Development Any company in which any project partner has an ownership or management interest in may act as a contractor for the renovation project only ift the company holds a valid NC General Contractors license. Ther relationship must) have been disclosed to thel Rurall Development: Division and a copy ofthe company's 's license must have beeni included in the application. Licensed contracting companies owned or operated by any project partner that are used in the renovation project will be required to submit original invoices from the provider for alll labor, materials, services ands subcontracted work plus proofthat Thel DeparmentorCommerce will reimburse. 50% of eligible expenditures up to the total grant amount upon receipt of the  program,  Division for questions about whether a specific expense is eligible under the program.  those invoices have been paid in full. Reimbursement Requirements:  following:  1. A completed financial request form,  2. Evidençe that the 5%1 local government match has been satisfied (first payment request), 3. Copies ofe eligible project invoices that support ther request amount, 5. Satisfaction of reporting requirements according tol Exhibit Cbelow.  4. Evidence that the invoices submitted for reimbursement have been paid-in-full. Evidence may include copies cleared checks, wire transfer or ACH receipts, and/or credit card receipts. Invoices paid with cash andt those not paidi in full will Eligible expenditures may not be incurred prior to the effective date or subsequent to the termination date oft the grant.  not ber reimbursed, and  Payments are subject tot the availability of funds.    BUILDING REUSE PROGRAM-Healh Care  2021-009-3201-2587  Macon County Hospice House, Inc.  EXHIBITC REPORTING SCHEDULE  Progress reports are due on. January 151h and. July 151h for each year that the grant remains open. The final report andj job verification documentation are due at thet time of project completion or nol latert than 30 days after the grant end-date, whichever is sooner. The  reporting schedule remains in effect for the duration oft theg grant including time extensions.  Failure tos submit progress reports as required:  I. Will resulti ini non-payment ofpayment requests, 2. Can resulti in the immediate termination of thes grant,  3., Can result in the demand for immediate repayment of any funds paid by Thel Department of Commerce, and  4. Will negatively impact the grantee's eligibility for future Commerce grants.  EXHIBITD  JOB VERIFICATION. AND CLOSE OUT REQUIREMENTS  Building Reuse and Rurall Health Care loans are eligible for forgiveness once the creation and maintenance oft the full-time jobs committed fort the project, as well as, all reporting requirements: are approved by Commerce. Below are the requirements To be considered eligible, ai full-time jobi must be filled with one employee who works at least 35 hours per week andi is paid at least minimum wage. Part-time, full-time equivalents, or contracticonsulting positions are: not eligible. Grantees should: submit the following as evidence ofj job creation and maintenance: 1. Job Certification Form- both the grantee andt thej participating business are required to complete respective sections of this form that attests to the creation of the number of jobs full-time jobs committed tor receive the grant. The form must bes signed byt the authorized representatives oft the local government, grantee andt the participating business. 2. NCUI 101 Forms-The grantee should: submit copies ofe each company's Employer's Quarterly Tax and) Wage Report (NCUI 101 forms) that! have been submitted tot the North Carolina Employment Security Commission according tot the The forms musti include the appropriate number of quarters to show that the company maintained the required The employment level reported must meet or exceed the baseline number ofe employees reported at the time oft the: Thej jobs created and the baseline must be maintained concurrently during thes same six-month period. Ifthel NCUI 101 forms include employees from other locations in North Carolina, ther names of the employees working in the grant funded project facility should be highlighted, and ar multi-site report should be provided. Ifthel NCUI 101 forms include both full and part-time employees an "P should be written next to the name ofe each full-time employee and a' "p" should be written next toi the name ofeach part-time employee. 3. Final Report- -the grantee must submit the Final Report Form that describes the activities and outcomes of the project. 4. Photos-t the grantee must: submit digital photos that show a variety of views oft the completed project. All forms, including reporting andi request for payment, can be found on the Commerce website at PasRScNe  andj procedure for approval. Job Verification  requirements below.  NCUI 101 Forms should be: submitted to Commerce. employment level for six-consecutive months.  application plus the number of new, full-time jobs committed for the grant.  Email completed forms and reports to mmspuivmcammctsaN.    Rural Economic Development Loan Agreement and Legally Binding Commitment, Private Owner BUILDING REUSE! PROGRAM  EXHIBIT: E 2021-009-3201-2587  Macon County (the "Governmental Unit") enters into this Loan Agreement and Legally Binding Commitment (the "LBC," including the "Loan," defined below with Hospice House Foundation of WNC, Inc (the "Owner" and, together with the Governmental Unit, the  "Parties").  WHEREAS, pursuant to N.C.G.S. $$143B-472.127 and.128, the North Carolina Rural Infrastructure Authority (the "Rural Authority") of the State ofNorth Carolina ("State") has awarded a grant (the "Grant") to the Governmental Unit, and the North Carolina Department of Commerce ("Commerce"), an agency ofthe State, will administer the Grant; and  WHEREAS, the Grant is memorialized in an agreement (the "Grant Agreement") between Commerce and the Governmental Unit, and the Grant Agreement includes Exhibit A (Scope ofProject), Exhibit B (Payment Schedule), Exhibit C (Reporting Schedule), Exhibit D (Closeout Schedule/Job Requirements), Exhibit E (this LBC, which incorporates by reference the Grant Agreement and its other Exhibits), Exhibit F (Promissory Note) and Exhibit G (Waiver of  Confidentiality ("Waiver")); and  WHEREAS, without limitation, the Rural Authority awarded the Grant: (1)based on the application filed by the Governmental Unit and any subsequent materials supporting the application that have been approved ofb by Commerce in writing, all of which are incorporated into the Grant Agreement by reference; (2) based on the representation in the application that the  Owner owns certain real property located at:  272 Maple St. Franklin, NC28744  inl Macon County, North Carolina (the "Property"); (3) based on Commerce's Grant requirements and guidelines, which are incorporated herein and which may be amended, modified or supplemented and applied accordingly to the Grant Agreement and this LBC by Commerce in its sole discretion; and for (4) the creation and retention of certain jobs in the course of completing certain renovationsyconstruction work at the Property (altogether, the  "Project," as summarized in Exhibit A to this Grant Agreement); and acondition oft the Governmental Unit loaning the Grant funds to the Owner.  WHEREAS, the Governmental Unit and the Owner are required to enter into this LBC as NOW,THEREFORE, in consideration of the mutual promises and: such other valuable consideration set out herein, the Parties mutually agree to the following terms and conditions: 1. Third-Party Beneficiary. The Parties agree that the State (including, without limitation, Commerce and the Rural Authority) is an intended third-party beneficiary oft this LBC (including the Loan) and may, at its option, enforce the terms of this LBC or appear as a  party in any litigation concerning the LBC.  Legally Binding Commitment 1    Rural Economic Development Loan Agreement and Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM  EXHIBITE 2021-009-3201-2587  2. Loan.  (a) The Governmental Unit hereby loans to the Owner the sum of $70,000.00 (the "Loan"), which consists entirely of State Grant funds, to fund the Project. Exhibit A tot the Grant Agreement refers toi the entity (or entities, as applicable) required to create and maintain certain full-time newj jobs, as defined in Paragraph 3(a), to complete the Project under this LBC as the "Company," the "Employer" and the "Business" (together and hereinafter, the "Business"). The Owner specifically acknowledges that: it must repay the Loan in accordance with the terms oft this LBCif the Business does not create and maintain the new jobs required by Paragraph 3(a) below; and as evidence ofi its obligation to repay the Loan, the Owner has executed the Promissory Note, Exhibit F to the Grant Agreement, which the Owner represents, acknowledges and agrees has been signed by every individual or entity that has any ownership interest in the Property and is fully binding on the Owner. i. The highest elected official oft the Governmental Unit and a duly authorized representative ofthe Owner shall execute two originals oft the LBCi ini its exact form (unless Commerce approves of a change toi its terms in writing), and the Governmental Unit shall return one such original to Commerce; ii. Every individual or entity that has any ownership interest in the Property shall execute two originals oft the Promissory Note ini its exact form, and the Governmental Unit shall return one such original to Commerce; and iii. The Owner and the Governmental Unit shall ensure that an authorized representative of each Business executes a Waiver, Exhibit Gt tot the Grant Agreement, and the Governmental Unit shall forward the original of any such (c). The Owner hereby represents and warrants that alll Loan funds shall be utilized exclusively for the purpose oft the Project and that it shall not make or approve ofa any  (b). As conditions ofreceiving the Loan:  Waiver to Commerce.  improper expenditures ofLoan funds.  3. New Job Creation. Maintenance of New. Jobs and Baseline Number of Jobs and  Verification.  (a). New. Job Creation and Maintenance ofNew. Jobs and Baseline Number of Jobs. A "New Job" shall mean a full-time job (consisting of at least 35 hours per week of employment and eligibility for all benefits generally available for full-time employees ofthe Business) which is with the Business, is located inl North Carolina, has a wage at least equal to the minimum wage, is created and maintained by the Business in order to complete the Project and is over and above the 181 full-time jobs in North Carolina ("Baseline Number") that the Business reported having at the time of the application for the Project. The Owner agrees that the Business shall be required to create and maintain in existence for six (6) consecutive months 7 New. Jobs prior to the Termination Date, unless this term is extended pursuant to Paragraph 5. Separate and apart from these New Jobs, the Owner agrees that the Business shall be required to maintain in existence its Baseline Number ofj jobs for as long as it takes the Business to create and maintain its required number of New Jobs.  Legally Binding Commitment-2    Rural Economic Development Loan Agreement and Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM  EXHIBITE 2021-009-3201-2587  (b). Verification. When the New. Jobs required by Paragraph 3(a) have been created and maintained for six (6) consecutive months, the Owner shall notify the Governmental Unit sO that it and/or Commerce can verify their creation and maintenance, as well as the maintenance oft the Baseline Number ofjobs and the satisfaction of all other conditions and terms ofthis LBC and thel Project. The Owner shall cause any Business to provide to the Governmental Unit and Commerce, or their respective designees, full and complete access to all records oft the Business necessary to verify the number and types ofjobs created and maintained, the wages paid to employees and all other conditions and terms of this LBC and thel Project. Failure ofany Business to provide such access upon request shall constitute ai material default by the Owner under the terms of this LBC and, in the sole discretion ofthe Governmental Unit and/or Commerce, may subject the Owner to repayment in an amount calculated  under Paragraph 13 below.  4. Changes in the Project or Other Conditions.  (a). A"Project Change" is any material alteration, addition, deletion or expansion oft the Project, including (without limitation) material changes to construction or rehabilitation, the terms or conditions oft the loan under the LBC, the required number ofNew. Jobs, the matching investment in the Project, any cessation of business by the Owner or any Business and any filing of bankruptcy by the Owner or any Business. There shall be no Project Changes unless expressly approved ofby Commerce and the Governmental Unit in a separate, prior written agreement stating, ifapplicable, the (b). Additionally, the Owner shall immediately notify the Governmental Unit of any change in conditions or local law, or any other event, which may significantly affect the ability ofit or any Business to perform the LBC or the Project. In their sole discretion, the Governmental Unit or Commerce may deem such a change in conditions, local law or other event to constitute al Project Change.  costs and schedule for completing the Project Change.  5. Term ofLBC. The effective period ofthis LBC shall commence 8/20/2020 ("Effective Date") and shall terminate 8/20/2022 unless terminated on an earlier date under the terms of this LBC (either one of which dates shall constitute the "Termination Date") or unless extended for an express term in writing by the Governmental Unit.  6. Independent Status oft the GovernmentalUni  (a). The State (including, without limitation, the Rural Authority and Commerce) and the Governmental Unit are independent entities from one another and from the Owner and any third party (including, without limitation, any Business). The Grant Agreement, the LBC, the Project and any actions taken pursuant to them shall not be deemed to create a partnership or joint venture between the State and the Governmental Unit or between or among either of them and the Owner or any third party (including, without limitation, any Business). Nor shall the Grant Agreement, the LBC or the Project be construed to make any employees, agents or members of the Owner or any third party (including, without limitation, any Business) into employees, agents, members or officials of the Governmental Unit or the State or to make employees, agents, members or officials of the Governmental Unit into  Legally Binding Commitment- 3    Rural Economic Development Loan Agreement and Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM  EXHIBIT: E 2021-09-3201-2587  employees, agents, members or officials oft the State. Neither the Owner nor any third party (including, without limitation, any Business) shall have the ability to bind the Governmental Unit or the State to any agreement for payment of goods or services or represent to any person that they have such ability. Nor shall the Governmental Unit have the ability to bind the State to any agreement for payment of goods or serviçes (b). The Owner and any third party (including, without limitation, any Business). shall be responsible for payment ofall their expenses, including rent, office expenses and all forms of compensation to their employees. The Owner and any third parties (including, without limitation, any Business) shall provide worker's compensation insurance to the extent required fort their operations and shall accept full responsibility for payments of unemployment tax or compensation, social security, income taxes, and any other charges, taxes or payroll deductions required by law in connection with their operations, for themselves and their employees who are performing work pursuant to this LBC ort the Project. All expenses incurred by the Owner or any third party (including, without limitation, any Business) are their sole responsibilities, and neither the Governmental Unit nor the State (including, without limitation, Commerce and the Rural Authority) shall be liable for the payment ofany obligations incurred in  or represent to any person that it has such ability.  the performance oft the Project.  7. Project Records.  (a). The Owner shall maintain and cause any Business to maintain full, accurate and verifiable financial records, supporting documents and all other pertinent data for the Project in such a manner as to clearly identify and document the expenditure ofthe State funds provided under this LBC separate from accounts for other awards, monetary contributions or other revenue sources for this Project. (b). The Owner shall retain and cause any Business to retain all financial records, supporting documents and all other pertinent records related to this LBC, the Loan and the Project for aj period off five (5)years from the Termination Date. In the event such records are audited, all such records shall be retained beyond the five-year period until the audit is concluded and any and all audit findings have been resolved. 8. Monitoring, Reports and Auditing. The Owner agrees to generate and to cause any Business to generate such reports regarding the LBC or the Project as may be requested by the Governmental Unit or the State (including, without limitation, the Rural Authority or Commerce) in such form as they may request, including after the Termination Date. The Owner further grants and shall cause any Business to grant the Governmental Unit or the State (including any ofits agencies, commissions or departments such as Commerce, the North Carolina State. Auditor and the North Carolina Office of State Budget and Management) and any oft their authorized representatives, at all reasonable times and as often as necessary (including after the Termination Date), access to and the right to inspect, copy, monitor and examine all oft the books, papers, records and other documents relating tot the LBC or the Project. In addition, the Owner agrees to comply and to cause any Business to comply at any time, including after the Termination Date, with any requests by the State (including, without limitation, the Rural Authority or Commerce) for other financial and organizational materials to permit the State to comply with its fiscal  Legally Binding Commitment- 4    Rural Economic Development Loan Agreement and Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM  EXHIBIT: E 2021-009-3201-2587  monitoring responsibilities or to evaluate the short- and long-range impact ofits programs. (a). Ifthe Owner fails to fulfill in a timely and proper manner its obligations or violates any ofits covenants or stipulations under the LBC or ifany Business fails to fulfill those requirements applicable to it ini the LBC, the Owner agrees that the Governmental Unit or Commerce has the right to terminate thel LBC by giving the Owner written notice specifying the Termination Date, which shall be determined by the Governmental Unit or Commerce int theirs sole discretion. Upon such termination, neither the State nor the Governmental Unit shall have any responsibility to make Loan payments. Further, upon such termination, the Owner shall not expend any Loan funds without the express written authorization oft the Governmental Unit and Commerce and shall return all unspent Loan funds to either the Governmental Unit or (b). Ifthe Governmental Unit fails to fulfill in a timely and proper manner its obligations or violates any oft the covenants or stipulations under its Grant Agreement with Commerce, the Owner agrees that Commerce has the right to terminate its Grant Agreement with the Governmental Unit and/or terminate this LBC by giving, as applicable, the Governmental Unit or the Governmental Unit and the Owner written notice specifying the Termination Date, which Commerce may determine ini its sole discretion. Upon such termination, neither the State nor the Governmental Unit shall have any responsibility to make Loan payments. Further, upon such termination, the Owner shall not expend any Loan funds without the express written authorization of the Governmental Unit and Commerce and shall return all unspent Loan funds to either the Governmental Unit or Commerce, upon request and as directed. (c). The obligations of the Rural Authority and/or Commerce to pay any Grant funds to the Governmental Unit and for the Governmental Unit toj pay any Loan amounts to the Owner under this LBC are contingent upon the availability and continuation of funds for such purpose. Iffunds for the Grant and therefore thel Loan become unavailable, the Owner agrees that either Commerce or the Governmental Unit has the right to terminate this LBC by giving written notice specifying the Termination Date, which either the Governmental Unit or Commerce may determine in their sole discretion. Upon such termination, neither the State nor the Governmental Unit shall have any responsibility to make Loan payments. Further, upon such termination, the Owner shall not expend any Loan funds without the express written authorization of the Governmental Unit and Commerce and shall return all unspent Loan funds to the  9. Termination: Availability of Funds.  Commerce, upon request and as directed.  Governmental Unit or Commerce, upon demand and as directed.  10. LiabilitiesandLoss. The Owner hereby agrees to release, indemnify and hold harmless the Governmental Unit and the State (including the Rural Authority and Commerce), and their respective members, officers, directors, employees, agents and attorneys (hereinafter collectively referred to as "Indemnified Parties"), from any claims of third parties (including, without limitation, any Business) arising out ofa any act or omission of the Owner or any third party (including, without limitation, any Business) in connection with the performance of this LBC or the Project, and for all losses arising from implementation oft this LBC or the Project. Without limiting the foregoing, the Owner hereby releases the  Legally Binding Commitment -5    Rural Economic Development Loan Agreement and Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM  EXHIBITI E 2021-009-3201-2587  Indemnified Parties from, and agrees that such Indemnified Parties are: not liable for, and agrees to indemnify and hold harmless the Indemnified Parties against, any and all liability or loss, cost or expense, including, without limitation, reasonable attorneys' fees, fines, penalties and civil judgments, resulting from or arising out of ori in connection with or pertaining to, any loss or damage toj property or any injury to or death of any person occurring in connection with the Project, or resulting from any defect in the fixtures, machinery, equipment or other property used in connection with the Project or arising out of, pertaining to, or having any connection with, the Project or the financing thereof (whether or not arising out ofacts, omissions or negligence of the Owner or ofany third party (including, without limitation, any Business), or ofa any oftheir agents, contractors, servants, employees, licensees, lessees, or assignees), including any claims and losses accruing to or resulting from any and all: subcontractors, material men, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or 11. Owner Representations and Warranties. The Owner hereby represents and warrants that: (a). The Owner and every Business are duly authorized to do business under North Carolina law and are not delinquent on any federal, state or local taxes, licenses or (b). This LBC has been entered into and executed on behalf of the Owner by an individual with full actual and apparent authority to bind the Owner to the terms hereto, and the execution and delivery of this LBC have been duly authorized by all necessary action, and are not in contravention ofl law nori in contravention ofany certificate of authority, bylaws or other applicable organizational documents oft the Owner, nor are they in contravention oft the provisions of any indenture, agreement or undertaking to (c). The Promissory Note has been executed by every individual or entity that has any ownership interest in the Property and is fully binding on the Owner. (d). There is no action, suit, proceeding or investigation at law ori in equity before any court, public board or body pending, or, to the Owner's knowledge, threatened against or affecting the Owner, that could or might adversely affect the Project, the creation oft the New. Jobs or any of the transactions contemplated by this LBC, or the validity or enforceability ofthis LBC or the Owner'sability to discharge its (e). Upon the Owner's reasonable inquiry ofany Business, there is no action, suit, proceeding ori investigation at law ori in equity before any court, public board or body pending, threatened against or affecting any Business that could or might adversely affect the Project, the creation oft the. Jobs or any oft the transactions contemplated by this LBC or the validity or enforceability oft this LBC or the ability ofany Business to (f). No consent or approval is necessary from any governmental authority as a condition tot the execution and delivery ofthis LBC by the Owner or the performance ofany of its obligations hereunder, or else all such requisite governmental consents or approvals have been obtained. The Owner shall provide the Governmental Unit or Commerce with evidence of the existence of any such necessary consents or  supplies in connection with the Project.  fees.  which the Owneri is a party or by which it is bound.  obligations under this LBC.  create the Jobs specified herein.  approvals at the time oft the execution oft this LBC.  Legally Binding Commitment -6    Rural Economic Development Loan Agreement and Legally Binding Commitment, Private Owner BUILDING REUSE: PROGRAM  EXHIBIT E 2021-009-3201-2587  (g). The Owneri is solvent and has inquired of and received reasonable evidence from any (h). A cash match grant, loan or other funding ("Cash Match") equal to the amount ofthe Loan shall have been unconditionally committed to the Project. The Governmental Unit shall have procured and contributed at least five percent (5%) oft this Cash Match, but no part oft this 5% contribution can have derived, either directly or indirectly, from any other State or federal source. The Owner hereby represents and warrants that all Cash Match funds shall be utilized exclusively for the purpose ofthe Project and that it shall not make or approve ofimproper expenditures ofCash Match funds. The Owner shall expend all Cash Match funds prior to or simultaneously with  Business oft the solvency of that Business.  and at the same rate as its expenditure of Loan funds.  12. Cessation/fTermination. Bankruptcy, Dissolution or Insolvency.  (a). The Owner shall at all times preserve its legal existence, except that it may merge or consolidate with or into or sell all or substantially all ofi its assets to any entity that expressly undertakes, assumes for itselfand agrees in writing to be bound by all of the obligations and undertakings oft the Owner contained in this LBC. Ifthe Owner so merges, consolidates or sells its assets without such an undertaking being provided, ita agrees to repay to the Governmental Unit or Commerce, upon request and as directed, all unspent Loan funds. Further, any merger, consolidation or sale without such an undertaking shall constitute a material default under this LBC, and the Governmental Unit or Commerce may terminate the LBC upon written notice to the Owner and hold the Owner liable for any other repayment provided for under this (b). Other than as provided for in Paragraph 12(a), ift the Owner or any Business ceases to do business or becomes the subject of any bankruptcy, dissolution or insolvency proceeding prior to the Termination Date, the Owner shall give the Governmental Unit immediate notice ofthe event, shall not expend any Loan funds without the express written authorization oft the Governmental Unit and shall return all unspent Loan funds to the Governmental Unit or Commerce, upon demand and as directed and if permissible under applicable bankruptcy, dissolution ori insolvency law. (c). Ifthe Owner fails to provide the Governmental Unit notice oft the Owner or any Business ceasing to do business or becoming the subject of any bankruptcy, dissolution or insolvency proceeding prior to the Termination Date, it shall constitute ar material default under this LBC. Ift there is such a cessation or such a proceeding, the Governmental Unit or Commerce may terminate the LBC upon written notice to the Owner. Upon such termination, the Owner shall not expend any Loan funds without the express written authorization oft the Governmental Unit and shall return all unspent Loan funds to the Governmental Unit or Commerce upon demand and as directed and if permissible under applicable bankruptcy, dissolution or insolvency d). Notwithstanding the foregoing and wherever referred to in this LBC, "ceases to do business" shall not include (1)o ceasing operations to maintain, service or upgrade real or personal property ofthe Owner, (2) season shutdowns of operations as long as such cessation does not exceed a total of four (4) weeks in any calendar year (excluding time attributable to an event off force majeure as described below) and (3) under the  LBC.  law.  Legally Binding Commitment-7    Rural Economic Development Loan Agreement and Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM  EXHIBIT E 2021-009-3201-2587  circumstances for the period oftime described in Paragraph 22 below.  13. Additional Repayment Requirements and Remedies.  (a). The repayment requirements and remedies addressed in this Paragraph 13 are in addition to those repayment requirements and other remedies set forth elsewhere in this LBC, including the requirements to repay unspent Loan funds. No remedy conferred or reserved by or to the State or the Governmental Unit is intended to be exclusive ofa any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy provided fori in this LBC, or now or hereinafter existing at law, in equity, or by statute, and any such right or power may be exercised from time to time and as often as may be deemed (b). The Owner acknowledges that the Grant by the Rural Authority and the Loan by the Governmental Unit are prediçated upon the creation and maintenance ofthe New Jobs and maintenance of the Baseline Number ofjobs required by Paragraph 3(a) and that failure to create and/or maintain them will constitute a material default oft this i. Ifthe Business fails to create and maintain such New Jobs, then the Owner shall repay to the Governmental Unit or Commerce, as directed, an amount equal to the product of()$10.000 (the amount ofLoan funds divided by the number of New Jobs required to be created in Paragraph 3(a) and (ii) the number ofl New Jobs required to be created in Paragraph 3(a), minus the number ofl New Jobs actually created, above the Baseline Number reported, that have been in ii. Additionally, in the event that the Business fails to maintain its Baseline Number ofjobs as required under Paragraph 3(a), the Business shall lose credit for any qualifying New Jobs under this LBC by the same number ofj jobs that the Baseline Numberi is short. For example, ift the Baseline Number ofjobs falls short by three (3)jobs as of the date the Business has created and: maintained all required New Jobs, the number ofNew. Jobs deemed created and maintained shall be reduçed by three (3). The amount the Business must repay shall then iii. Either Commerce or the Governmental Unit shall notify the Owner in writing of the amount to be repaid and direct the Owner whether to repay such amount to the Governmental Unit for return to Commerce or repay the amount directly to Commerce. Allsuch amounts shall be due immediately upon demand by the Governmental Unit or Commerce. Ifnot paid within thirty (30) days following demand, the unpaid amount due hereunder and under the Promissory' Note shall bear interest at the rate of 10% per annum after demand until paid. Upon default in such payment, the Governmental Unit or Commerce may employ an attorney to enforce their respective rights and: remedies, and the Owner hereby agrees to pay the legal costs and reasonable attorneys' fees oft the Governmental Unit and Commerce plus all other reasonable expenses incurred by such party in exercising any ofi its rights and remedies upon such defaults.  expedient.  LBC.  existence for six (6) consecutive months.  be calculated in accordance with Paragraph 13(b)i.  Legally Binding Commitment-8    Rural Economic Development Loan Agreement and Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM  EXHIBITI E 2021-009-3201-2587  (c). Ifthere is al breach ofany oft the requirements, covenants or agreements in this LBC (including, without limitation, ai failure to repay the amount required under Paragraph 13(b) within the time required), or ifthere are any representations or warranties which are untrue as to a material facti ini this LBC ori in relation to thel LBC or the Project (including the performance thereof), the Owner agrees that the Governmental Unit or Commerce may require repayment from the Owner ofa an amount ofLoan funds to be determined in their sole discretion but not to exceed the amount ofLoan funds the Owner has already received under thisLBC. Such requirements, covenants or agreements include but are not limited to Paragraphs s2,3,4,9, 1land 12 ofthis LBC. 14. No Waiver by Governmental Unit or the State. Failure of the Governmental Unit or the State (including, without limitation, the Rural Authority and Commerce) at any time to require performance of any term or provision oft this LBC: shall in no manner. affect the rights oft the Governmental Unit or the State at a later date to enforce the same or to enforce any future compliance with or performance ofany of the terms or provisions hereof. No waiver oft the Governmental Unit or the State ofany condition or the breach of any term, provision or representation contained in this LBC, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or ofthel breach ofthat or any other term, provision or representation. 15. Waiver of Objections to Timeliness ofLegal Action. The Owner knowingly waives any objections it has or may have to timeliness ofany legal action (including any administrative petition or civil action) by the Governmental Unit or the State (including Commerce) to enforce their rights under this LBC. This waiver includes any objections the Owner: may possess based on the statutes ofl limitations or repose and the doctrines of estoppel or  laches.  16. Special Provisions and Conditions.  (a). Nondiscrimination. The Owner agrees that it will not, and will ensure that the Business will not, discriminate by reason of age, race, religion, color, sex, national origin or disability related to the activities oft this LBC or the Project. (b). Compliance with Laws. The Owner shall at all times, and shall cause any Business at all times to, observe and comply with all laws, regulations, codes, rules, ordinances and other requirements (together, "Laws")ofthe state, federal and local governments which may in any manner affect the performance of thel LBC or the Project. (c). Non-Assignability. The Owner shall not assign or transfer any interest in the LBC without the prior written consent oft the Governmental Unit and Commerce; provided however, that claims for money due to the Owner from the Governmental Unit under this LBC may be assigned to any commercial bank or other financial institution (d). Personnel. The Owner represents that it and any Business have or will secure at their own expense all personnel required to monitor, carry out and perform the scope of services ofthis LBC: and the Project. Such employees shall not be employees of the State (including, without limitation, thel Rural Authority or Commerce) or the Governmental Unit. Such personnel shalll be fully qualified and shall be authorized  without such approval.  under state and local law to perform such services.  Legally Binding Commitment- 9    Rural Economic Development Loan Agreement and Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM  EXHIBITE 2021-009-3201-2587  17. Notice. All notiçes required or permitted hereunder and all communications in respect hereof shall bei in writing and shall be deemed given when personally delivered or when deposited in the United States Mail, certified, return receipti trequested, postage prepaid, and  addressed as follows: Ifto the Governmental Unit:  Attn:  To the Owner:  Attn:  or addressed to such other address or to the attention ofsuch other individual as either party 18. Entire Agreement. This LBC: supersedes all prior agreements between the Governmental Unit and the Owner with regard to the Loan and the Project and expresses their entire understanding with respect to the transactions contemplated herein, and: shall not be amended, modified or altered except pursuant to a writing signed by both Parties. 19. Execution. This LBC may be executed in one or more counterparts, each of which, when executed, shall be deemed an original, and all such counterparts, together, shall constitute one and the same LBC which shall be sufficiently evidenced by one of such original 20. Construction. This LBC shall be construed and governed by the laws oft the State ofNorth 21. Severability. Each provision ofthis LBC is intended to be severable and, if any provision ofthis LBC is held to bei invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect or impair any other provision oft thisl LBC, but this LBC shall be construed as ifsuch invalid, illegal or unenforceable provision had not  above shall specify in ai notice pursuant to this subsection.  counterparts. Carolina.  been contained herein.  Legally Binding Commitment- 10    Rural Economic Development Loan Agreement and Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM  EXHIBIT E 2021-009-3201-2587  22. Force Majeure. If(a)during the Grant Term the real or personal property located on or constituting thel Property suffers damage or destruction caused by acts ofGod, fires, floods, storms, insurrection, riots, acts of the public enemy, national catastrophe, or similar unexpected events, (b) such damage or destruction was not principally caused by the negligence, willful misconduct or violation of applicable law by the Owner, (c) the Owner uses reasonable efforts tor repair, or to work around, such damage or destruction reasonably promptly, and (d) as a direct result of such damage or destruction the Owner cannot satisfy the requirements and obligations of Sections 3 of this Agreement as and when this Agreement requires, then the Owner will be entitled to an extension of time not to exceed sixty (60) days to satisfy the requirements and obligations of Section 3 oft this Agreement; provided that the Governmental Unit ini its sole discretion with respect to the obligations it is owed by the Owner, may elect to extend that sixty day period to give the Owner additional time to satisfy those requirements. IN WITNESS WHEREOF, the parties hereto have executed this LBC as of the date first  above written,  Governmental Unit Name:  Signature: Printed Name: Title:  [SEAL]  Owner Name: Signature: Printed Name: Title:  [SEAL]  Legally Binding Commitment- 11    Promissory Note, Private Owner BUILDING REUSE PROGRAM  EXHIBITI F 2021-009-3201-2587  For VALUEI RECEIVED and subject to the terms ofa and secured by thel Rural Economic Development Loan Agreement and Legally Binding Commitment - Private-Owner Building Reuse Program, Reference Number 2021-009-3201-2587 ("LBC," which is incorporated by reference herein), the undersigned borrower(s] (the "Owner")jointly: and severally promise(s] to pay to lender Macon County or its assigns (together, the "Governmental Unit") or to the intended third-party beneficiary ofthis Promissory Note, the North Carolina Department of Commerce ("Commerce"), upon demand and as directed by either the Governmental Unit or Commerce, an amount of principal loan ("Loan") funds under the LBC up to and including $70,000.00 Dollars but which amount shall not exceed the amount ofLoan funds the Owner has actually received under the LBC, plus interest and attorney's fees as addressed below. Unless otherwise specified herein, capitalized terms in this Promissory' Note shall have the: same  meaning as those set forth in the LBC.  The Owner acknowledges and represents that: ()t the undersigned is or are the only person(s), entity or entities who or that have any ownership interests in the certain real property  located at:  272 Maple St. Franklin, NC: 28744  inl Macon County, North Carolina (the "Property"); and (ii) the undersigned shall bej jointlyand  severally liable for any and all debts secured by this Promissory Note.  The Owner further acknowledges that: (i)i in order for the Owner to receive the Loan, the LBC requires the Owner to complete a "Project"; (ii) in order fort the Owner to receive the Loan, what the LBC identifies as the "Business" must maintain certain jobs and create and maintain certain other jobs in working with the Owner to complete the Project; (ii) the Loan from the Governmental Unit to the Owner under the LBC consists entirely ofa grant from the State of North Carolina to the Governmental Unit, subject to certain clawback provisions; (iv) Commerce is an intended third-party beneficiary to the LBC and to this Promissory Note; and (v) the LBC specifies those circumstances in which the Governmental Unit or Commerce can terminate the LBC and require the Owner to repay an amount ofLoan funds according to a formula or else in an amount to be determined in the sole discretion of the Governmental Unit or Commerce but which amount shall not exceed the amount ofLoan funds the Owner has actually received under  the LBC.  Upon default, the Governmental Unit and/or Commerce may employ attorneys to enforce their rights and remedies under this Promissory Note and the LBC, and the Owner agrees toj pay their reasonable attorneys' fees, plus all other reasonable expenses they incur in exercising their rights and remedies upon default. The rights and remedies oft the Governmental Unit and Commerce, as described in this Promissory Note and the LBC, shall be cumulative and may be pursued singly, successively or together against the Owner (including each oft the undersigned), the Property, or any other funds, property or security held by the Owner for payment or security, int the sole discretion oft the Governmental Unit and Commerce. The failure to exercise any such right or remedy shall not be a waiver or release of such rights or remedies or the right to exercise  any oft them at another time.  Promissory Note 1    Promissory Note, Private Owner BUILDING REUSE PROGRAM  EXHIBITF 2021-009-3201-2587  The Owner hereby waives protest, presentment, notice ofdishonor and notice of acceleration and maturity and agrees to remain bound for the payment of principal, interest and all other sums due under this Promissory Note and the LBC, notwithstanding any change or changes by way ofrelease, surrender, exchange, modification or substitution ofa any security for this Promissory Note, or by way of any extension or extensions oftime for the payment of principal and interest; and the Owner waives all and every kind ofr notice ofs such change or changes and agrees that the same may be made without notice of or consent to any of them. This Promissory Note may not be amended, changed or altered except in writing Ifnoti repaid within 30 days following demand hereunder, the Loan funds demanded by the Governmental Unit or Commerce under this Promissory Note shall bear interest at the rate of 10% per annum after demand until repaid. Ifeither the Governmental Unit or Commerce initially demands Loan repayment from the Owner ("First Demand") in an amount less than the Loan funds the Owner has actually received under the LBC but, failing to receive repayment and, in its discretion under the LBC, increases the Loan repayment demand ("Second Demand") to the full amount the Owner has received under the LBC, then such interest on the difference between the First and Second Demands shall begin to accrue as of the date of the Second  executed by the Owner, the Governmental Unit and Commerce.  Demand.  For example, ifu under the terms oft thel LBC, a Business engages in an improper expenditure ofLoan funds, the Governmental Unit has the discretion to require in a First Demand the partial repayment ofLoan funds received by the Owner. Interest will begin to açcrue at 10% per annum on whatever portion of the sum is not repaid as of the 315 day after the First Demand. Further, ifthe Owner fails to repay thel First Demand in full, the Governmental Unit retains the discretion under the LBC to terminate the LBC and issue a Second Demand for the full repayment by the OwnerofallLoan funds. Interest will continue accruing at I0% per annum on the original principal amount still unpaid from the First Demand and, following the expiration of30 days from the Second Demand, interest will begin to accrue at 10%] per annum  on the additional unpaid principal Loan amount in the Second Demand.  Payment shall be made in lawful money ofthe United States of America via United States Mail First Class, Federal Express or UPS to the attention oft the person at the address or in person at the address oft the Governmental Unit or Commerce as directed in writing.  This Note shalll be governed by, and construed in accordance with, the laws oft the State  ofNorth Carolina.  Promissory Note- -2    Promissory Note, Private Owner BUILDING REUSE PROGRAM  EXHIBITF 2021-009-3201-2587  IN WITNESS WHEREOF, the undersigned has (have) caused these presents to be executed under seal, pursuant to authority duly given, the day and year first above written. EVERY SIGNATORY BELOW EXPRESSLY REPRESENTS THAT ALL INDIVUDALS OR ENTITIES WITH ANY OWNERSHIP INTERESTS IN THE PROPERTY  HAVE: EXECUTED THIS PROMISSORY NOTE.  Dated as of: Ifby Individual:  20  Signature: Printed Name:  [SEAL]  Dated as of: Ifby Entity: Signature: Printed Name:  20  SEAL]  Promissory Note -3    Limited Waiver of Confidentiality Unemployment Tax and Wage Records BUILDING REUSE PROGRAM  EXHIBITG 2021-009-3201-2587  Name ofTaxpayer Address: City:  State:  Zip:  Phone: Fed' Tax ID#:  NC Unemployment Insurance Acct #:  Ihereby waive any right to contidentiality, as found in N.C.G.S. 96-4 or otherwise, for the limited purpose ofa authorizing disclosure of certain information contained in the quarterly unemployment insurance tax records of the above-named taxpayer (hereinafter, "Company") filed with the Division of Employment Security ("DES") ofthe North Carolina Department of Commerce to Macon County ("Governmental Unit") and to the employees oft the Rural Economic Division of thel North Carolina Department of Commerce ("Rural Division") and members ofthel North Carolina Rural Infrastructure Authority ("Rural Authority") for the limited purpose ofevaluating the issuance of and, in the event ofs such issuance, administering and ensuring compliance with, a grant and loan pursuant to N.C.G.S. 143B-472.127 and.128. Irecognize that DES is authorized to provide this information to the public officials of the Governmental Unit, the Rural Division and thel Rural Authority in the performançe oft their public duties and that the verification of employment information: for the purpose of administering the grant and loan at issue is within the scope oft the public duties oft the Governmental Unit, thel Rural Division and the Rural Authority. Ihereby authorize DES to disclose information contained ini the Company's quarterly unemployment insurance tax records (the NCUI-101 or successor form) to the Governmental Unit, the Rural Division and/or the  Authority for these purposes.  Irecognize that unemployment insurance tax information provided in the aggregate to DES and disclosed to the Governmental Unit, the Rural Division and/or the. Authority, and the Company's aggregated tax and wage information provided to or otherwise inj possession oft the Governmental Unit, thel Rural Division and/or the. Authority, may be treated as public information. This waiver is not intended to release the Governmental Unit, the Rural Division and/or the Authority from any obligation they may have under North Carolina law to maintain the confidentiality ofany and all information which could reveal or permit someone to ascertain the identity of any individual employee or that employee's line item unemployment insurance  tax or other tax or wage. information.  Signature Chief Financial Officer or Other Authorized Company Official  Print Name  Title  Waiver ofConfidentiality- 1    Deed ofTrust Documentation BUILDING REUSE PROGRAM  EXHIBITH 2021-009-3201-2587  The Department of Commerce strongly encourages, but does not require, the Governmental Unit secure the funds loaned to the property owner, Hospice House Foundation ofWNC,Inc, with a Please check the appropriate box below indicating the intention of the Governmental Unit:  Deed ofTrust on the property.  The Governmental Unit will secure the funds with a Deed ofTrust listing Macon County  as the beneficiary in the amount of $70.000.00.  Macon County "Governmental Unit") has elected NOT to secure with a deed oft trust on the subject property the $70,000.00 in grant funds awarded by the North Carolina Department of Commerce ("Commerce"): for a building reuse grant. Governmental Unit acknowledges and agrees that it is liable to the State for any grant funds that must be repaid under the Grant Agreement orl Legally Binding Commitment, including (without limitation), any required repayments due to the property owner's failure to create and maintain jobs, which could include the full amount oft the grant. Governmental Unit acknowledges that its liability to Commerce arises whether or noti it is able to collect any repayment from the property owner under the Legally Binding Commitment, but still  elects not to obtain a deed oft trust on the subject property.  Please fill in the box below:  Governmental Unit Name: By (Signature): Printed Name: Title: Date:  Macon County  Deed ofTrust Documentation - 1    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - CONSENT AGENDA  MEETING DATE: October 13, 2020  Item 12A. Minutes from the July 14, 2020 regular meeting and the August 11, 2020 regular meeting are attached for your review and approval. (Mike Item 12B. Budget Amendments #76-90 are attached for your review and Item 12C. Tax releases in the. amount of $2,135.55 for the month of September. A detail copy of those releases is attached for your review and Item 12D. The Settlement Report for 2019 Taxes. This report includes an item for "Relief of the Taxing Unit for Collection of Real Estate Taxes that are Ten Years Past Due" in the amount of$30,565.02. (Teresa McDowell): Item 12E. A recommendation from Tax Administrator Abby Braswell to refund $354.03 in 2019 taxes to Phil Scruggs. The house located at 512 Cowee Creek Road was destroyed by fire on September 10, 2018 and was not rebuilt. Therefore, Mrs. Braswell is basing her recommendation on the fact that the house was not there on January 1, 2019 and that the tax levied Item 12F. A copy of the ad valorem tax collections report for the month of October. The report shows a collection rate of4 43.04 percent as of September 30, 2020. No action is required on this item. (Teresa McDowell)  Decker)  approval. (Lori Carpenter)  approval. (Teresa McDowell)  was illegal.    MACON COUNTY BOARD OF COMMISSIONERS  JULY 14, 2020 MINUTES  Vice-Chairman Beale called the meeting to order at 6:00 p.m. and welcomed those in attendance. He explained that Chairman Tate was out of town and would not be in attendance. Due to Gov. Roy Cooper's Executive Order limiting the number of people at a mass gathering to 10 due to COVID-19, physical participation at the meeting in the boardroom was limited to that number. Four of the five commissioners. were physically present and practiced social distancing. County Manager Derek Roland was also present, as was Finance Director Lori Carpenter and County Attorney Chester Jones. Deputy Clerk Mike Decker watched the meeting via live stream. A reduced number of members of  the media were allowed to attend.  ANNOUNCEMENTS: There were no announcements.  MOMENT OF SILENCE: Vice-Chairman Beale asked those in attendance to PLEDGE TO THE FLAG: Led by Commissioner Shields, the pledge to the flag PUBLIC COMMENT PERIOD: Debbie Westerman addressed the board regarding a situation in what she referred to as Teem Hollow. She explained to the board that she was speaking on behalf of her parents, who live at 291 Ellijay Road, with Teem Hollow located behind their property. Mrs. Westerman described the conditions of this property as horrible and dilapidated, noting there is no electricity and no plumbing on the property and a creek is being used as a source of water. She said the initial concerns arose over some pets, which led to a conversation with Commissioner Gillespie, which then led to conversations with a number of county departments, including animal control, environmental health and solid waste. She told the board that she and her parents are "at a loss for what to do," and thus her reason for speaking to the board. She said that "nobody seems to be able to do anything about" the conditions on this property, adding that there are "health hazards" and that "clothing is an option back there." She said they were here "to find out what our next steps are," and that it is "deplorable to know that anybody in Macon County lives in this situation," and that her parents can do nothing about it. Vice-Chairman Beale responded  observe a moment of silence.  was recited.  Minutes 07.14.20 Page 1 of8    that he and Commissioner Gillespie had been involved, and al lengthy discussion ensued that included questions from Mr. Jones. Commissioner Gillespie outlined efforts by county departments, including the sheriff's department, to address the situation but noted that, "We. just kind of got to the dead end of the road" where legal remedies available to the county were concerned. Mr. Jones mentioned the possibility of a private action bring brought by the adjacent property owners, and also pointed out that any action would require "admissible evidence" to be presented. Vice-Chairman Beale suggested that Mr. Jones could look into the matter further. Mr.Jones noted he can represent the county, but not the property owners. Vice-Chairman Beale also asked Mr. Roland to "pursue ADDITIONS, ADJUSTMENTS TO AND APPROVAL OF THE AGENDA: Upon a motion by Commissioner Gillespie, seconded by Commissioner Shields, the board voted unanimously to approve the agenda, as adjusted, as follows: To add budget amendments numbered 25, 26 and 27 to the Consent To add comments from Macon County Schools Superintendent Dr. Richard Baldwin under Reports and Presentations as Item 9D, per Vice-  the situation." No formal action was taken.  Agenda as part of Item 12B, per Mr. Roland.  Chairman Beale.  PRESENTATION BY CHIEF RICHARD SNEED OF THE EASTERN BAND OF CHEROKEE INDIANS: Richard Sneed, the Principal Chief of the Eastern Band of Cherokee Indians, spoke to the board regarding the impact of the Harrah's Cherokee Casino on western North Carolina's economy and his tribe's opposition to plans by the Catawba Indian Nation to build a casino in the Charlotte area. Chief Sneed began with some background information, pointing to the casino's $750 million impact on the region. He noted that 90 percent of the direct employees of the casino are not members of the tribe, and he wanted to "remind everyone what happens to the Eastern Band happens to this region," and that, "What is good for the tribe is good for the region." He then provided information on the Catawba's effort to build their own casino, first in South Carolina and now in Kings Mountain, NC. "This is a Western North Carolina issue," he told the board, stating that the Cherokee casino is a "driving industry in the off season" that stabilizes unemployment in the region. He then reviewed the legislative and legalissues involved, as the Cherokee have asked Gov. Roy Cooper and the state General Assembly to oppose the Catawba project and for state Attorney General Josh Stein to weigh in on the legality. Vice-Chairman Beale asked Mr. Roland to read into the record a proposed Resolution of the Macon County Board of Commissioners Opposing a Catawba Indian Nation Casino in North Carolina," and he did SO. Chief Sneed requested an amendment to the resolution, and Mr. Jones said he would prepare an amended version. Upon a motion by Commissioner Gillespie, seconded by Commissioner Shields, the  Minutes 07.14.20 Page 2 of8    board voted 4-0 to approve the resolution as amended, a copy of which is attached (Attachment 1and is hereby made a part of these minutes. INTRODUCTION OF NEW NANTAHALA NATIONAL FOREST DISTRICT RANGER: Vice-Chairman Beale introduced Troy Waskey, the new District Ranger for the Nantahala National Forest, and invited him to make some comments. Mr. Waskey said he has been on the job for about a month now, and he updated the board on the U.S. Forest Service's operations stemming from COVID-19. As to the agency's forest management plan revisions, he noted that the board's comments were received and that "the next big task is to review all comments," and that will take several months. He encouraged the board to use him "as your local conduit" on the plan as it is finalized and then released for public comment. He pointed out that it would likely be near the end of calendar year 2021 before the plan was in place. "T do want to keep an open door with you all," he told the board, and Vice-Chairman Beale welcomed him to Macon County and told him, "You couldn't have chosen a better place." No action was  taken.  UPDATE ON COUNTY'S RESPONSE TO COVID-19:  (A)Kathy McGaha - Macon County Public Health: Mrs. McGaha reported that the county had 340 cases of COVID-19, 116 of which were active with 223 recovered and one death. She also shared other demographics with the board, noting that 76 percent of those who tested positive for the virus were. Hispanic, 51 percent of the overall total were female, 25 percent were in the 0-17 age bracket, and 43 percent were in the 25-49 age group. She also noted that 7.53 percent of the tests performed by health department staff came back positive. Mrs. McGaha told the board she was stressing" over the fact that the department's school nurses, all of whom had spent their summer helping perform those tests, would be returning to the school system in about four weeks, leaving her with the need to quickly hire nurses to fill those gaps. The board members, Mr. Roland and Mrs. McGaha briefly discussed options to fill those positions, including (B)Warren Cabe = Macon County Emergency Services: Mr. Cabe began by noting the state remains under Gov. Cooper's most recent executive order, and Mr. Cabe said he has no plans "to do anything more stringent." He also mentioned staffing concerns, saying there is a shortage of employees (C)Sheriff Robert Holland: Following a brief report, Sheriff Holland focused his comments on his staffing concerns. He stated that the "pay issue has been beat to death," but pointed out he has 11 vacancies for deputies as officers have left for other types of jobs. He said it is a hard time to be in law enforcement, adding that he has become discouraged," but told the board members, "You guys can fix this." He went on to say that it is "time  reaching out to staffing agencies.  wanting to go into public health or public safety.  Minutes 07.14.20 Page 3 of8    that we fix it" and that his employees deserve it. He told the board he has detention officer positions to fill, and that he needs experienced officers to fill School Resource Officer (SRO) slots. He repeated his request for the board to "fix it" numerous times. Vice-Chairman Beale responded by saying the only thing the board can do now is to have a complete budget reviewin six months, and this led to further discussion between the sheriff and the board members. At the end of the discussion, Sheriff Holland referenced COVID-19 and told the board, "You've got a good excuse this (D)Derek Roland - Administration: During his report, Mr. Roland explained to the board that prior to the Families First Coronavirus ReliefAct (FFCRA) going into effect on April 1, 2020, eight county employees from seven different departments had to use personal sick leave due to COVID-19. Combined, those employees used 186.75 hours of sick leave - leave that would have been covered on a paid basis by the FFCRA. He requested that the board allow the personal leave used by those employees prior to April 1to be reimbursed to their individual accrued leave balances. Following questions, and upon a motion by Commissioner Higdon, seconded by Commissioner Shields, and following further discussion, the board voted 4-0 to approve the request as presented. In another related COVID-19 matter, Mr. Roland explained that due to delays in getting test results, and in cases where a department such as public health requires two negative tests before an employee can return to work, he said that some employees quickly use up the 80 hours of Emergency Paid Sick Leave (EPSL) provided under the FFCRA. Following discussion, and upon a motion by Commissioner Shields, seconded by Commissioner Gillespie, the board voted to grant Mr. Roland the authority to reimburse the employee sick hours used over and above the 80 paid hours after examining each request  year."  on a case-by-case basis.  UPDATE ON MACON COUNTY SCHOOLS:  Dr. Chris Baldwin, the  superintendent of Macon County Schools, outlined plans to open school on August 17, 2020. He explained that the state had initially come up with four possibilities - and thus four plans for administrators to prepare for. He said local officials learned today that school would start under what is known as "Plan B." That plan will restrict schools to 50 percent capacity, although systems have the option to start under "Plan C," which is all virtual learning. Dr. Baldwin then reviewed what would be needed to make the various scenarios work, as well as some of the complicating factors, and Vice-Chairman Beale responded, "On behalf of the board, we don't envy your position." No action was taken. RESOLUTION TO ABANDON A PORTION OF STATE ROUTE 1140 MCCONNELL ROAD): Vice-Chairman Beale read a letter from Andy Russell, the District Engineer for the North Carolina Department of Transportation,  Minutes 07.14.20 Page 4 of8    asking the board to consider adoption of a resolution to abandon the final 2,680 feet of McConnell Road (SR 1140) from the State Maintained Road System at the request of the property owners.. Mr. Jones explained that he had prepared the appropriate resolution, and upon a motion by Commissioner Higdon, seconded by Commissioner Shields, the board voted 4-0 to approve the resolution as presented, a copy of which is attached (Attachment2) and is hereby made a part NEW FEES FOR MACON COUNTY PUBLIC HEALTH: Following a brief explanation by Mrs. McGaha, and upon a motion by Commissioner Higdon, seconded by Commissioner Shields, the board voted 4-0 to approve a list of new fees at Macon County Public Health related to telephonic services and COVID- 19. A copy of that list is attached (Attachment 3) and is hereby made a part of MACON COUNTY COMMUNITY NEEDS ASSESSMENT REPORT: Justin Setser, the chairman ofthe Macon County Planning Board, presented the Macon County Community Needs Assessment Report to the commissioners, and a copy of the report is attached (Attachment 4) and is hereby made a part of these minutes. Mr. Setser began by noting that at the February 21, 2019 meeting of the planning board, Commissioner Gillespie, the liaison to the planning board, charged the group with performing a community needs assessment by going throughout the county and assessing the needs ofi individual communities. The planning board voted to use sections of the revised comprehensive plan for the county to initiate discussion for these meetings, with the topics covering public service, housing, recreation, education, healthcare, transportation and economic development. These topics, and another labeled "other," were written on easel pads and placed on walls throughout the meeting room in each community, with those attending each given three differently-colored sticky notes on which to write one community need, with red ones being the most important, yellow second and blue third. In March of 2019, he said the planning board began the process with a meeting in Nantahala and visited 11 other communities throughout the county. The report lists the results from each individual meeting. Mr. Setser told the board that "10 most frequently appearing community needs"  of these minutes.  these minutes.  were as follows:  Broadband Internet/Cell Phone Coverage  NCDOT Road Maintenance (Paving, Mowing and Trash)/Road  Improvements  Healthcare/More Doctors and specialists/Hospita. New Library/Community Center in Nantahala  Need Minimum Housing Standards/Garbage, Debris and Run-Down  Houses  Recycling Center improvements Affordable Housing Options  Little Tennessee: River Access Point and Picnic Area on Riverside Road  Minutes 07.14.20 Page 5 of8    Law Enforcement Presence Stationed within Communities  Promote Business and Job Growth  Following general discussion on the report and other planning board topics, the CONTRACT FOR "NO WRONG DOOR" FOR FISCAL YEAR 2020-21: Following an explanation by Mr. Jones, and upon a motion by Commissioner Gillespie, seconded by Commissioner Shields, the board voted 4-0 to approve an Agreement to Provide Substance Abuse and Mental Health Services" between the county and No Wrong Door for Support and Recovery, Inc. An unexecuted copy of the agreement is attached (Attachment5) and is hereby made a part of DESIGNATION OF VOTING DELEGATES FOR NCACC ANNUAL CONFERENCE: Following discussion, and upon a motion by Commissioner Higdon, seconded by Commissioner Gillespie, the board voted 4-0 to designate Vice-Chairman Beale as the voting delegate - with Commission Shields to serve as the alternate - for Macon County for the annual conference of the North Carolina Association of County Commissioners (NCACC). The business session DISCUSSION REGARDING UNDERGROUND STORAGE TANK REPLACEMENT AT MACON COUNTY SCHOOL BUS GARAGE: Vice-Chairman Beale told the board that the school/county liaison committee had met regarding replacing the underground storage tank at the school bus garage, and the committee's recommendation is to finish the project. Mr. Roland said he had spoken with companies regarding the installation of a new 12,000-gallon double-walled diesel tank, which would allow the school system to buy diesel in bulk and save up to $75,000 a year. Mr. Roland said the cost of this tank would be $108,175, and suggested passing this project to the school board, along with the funding to buy and install the tank. Following questions and discussion, upon a motion by Commissioner Shields, seconded by Commissioner Gillespie, the board voted 4- Oto approve Mr. Roland's recommendation as presented, and to take $110,000 from the county's fund balance to pay for the project, with the Macon County Board of Education to be responsible for the project going forward. CONSENT AGENDA: Upon a motion by Commissioner Shields, seconded by Vice-Chairman Beale, the board voted unanimously to approve the consent agenda as presented, which includes: (A) the minutes of the May 12, 2020 regular meeting; (B) budget amendment #9 for the Sheriff's Department to appropriate $20,875 for a fingerprintmachine that was not delivered prior to end of the previous fiscal year (06.30.20); #10 for Emergency Services to appropriate $19,844 from the Nantahala Health Foundation Grant for computer supplies; #11 for Emergency Management to appropriate $5,000 from the Dogwood Health  board took no action.  these minutes.  oft the conference will be held virtually on August 6, 2020.  Minutes 07.14.20 Page 6of8    Trust "PPE Distribution" Grant; #12 for Emergency Management to appropriate $5,000 from the Dogwood Health Trust "Strike Team Innovation". Grant; #13 for Emergency Management to appropriate $9,500 from a NCDEM Tier II Grant; #14 for a non-departmental amendment to carry forward $833,421 in funds received from the State Coronavirus Relief Fund (through the CARES Act); #15 for a non- departmental amendment to carry forward $41,636 in Disaster Relief Funds for expenses related to COVID-19; #16 for the Health Department to carry forward $48,054 in funds from CARES Act provider relief funds to cover school nurses working on COVID-19; #17 for the Health Department to carry forward $29,244 in unexpended grant money from the Community Foundation of WNC; #18 for the Health Department to carry forward $1,571 in unexpended grant money from MountainWise Services; #19 for the Maintenance Department to carry forward $8,620 in funds for repair of the town square clock, as the vendor was unable to perform the work prior to 06.30.20 due to COVID-19; #20 for the Tax Department to carry forward $3,750 in funds for an appraisal of Lake Emory Dam; #21 for the Transit Department to move $14,245 from an insurance settlement for vehicle repairs; #22 for the Transit Department to roll over $30,470 in funds from Fiscal Year 2019-20 to complete a parking lot project; #23 for the Health Department to carry over $21,078 in unspent funds for COVID AA from Fiscal Year 2019-20 to the current fiscal year; #25 for Senior Services to appropriate new allocations for eight line items; #26 for Education to carry forward $25,910 in funds for the removal of underground storage tanks at the school bus garage; and #27 for the Department of Social Services to carry forward $41,007 in adoption funds (copies of the amendments are attached); (C) approval of tax releases for the month of June in the amount tof$513.36; (D) approval of a refund stemming from a Property Tax Commission appeal in the amount of $415.28 (memo from Tax Administrator attached); (E) ratification of Mr. Roland's email poll of the board members regarding approval of the Town of Franklin's July 4th fireworks display and (F) received the monthly ad valorem tax collections report for the month of June (no action necessary), which shows a collection rate of 98.35 percent collected on 2019 general taxes, late listing penalties, discoveries APPOINTMENTS: Highlands Tourism Development Commission (one seat): Upon a motion by Commissioner Gillespie, seconded by Commissioner Shields, the board voted 4-0 to appoint John Woods as a member of the Highlands Tourism Development Commission (TDC) representing the Highlands Chamber of Commerce. The term of office will be for three years and will expire July 14, CLOSED SESSION: At 9:17 p.m., upon a motion by Commissioner Gillespie, seconded by Commissioner Shields, the board voted 4-0 to go into closed session as allowed under NCGS 143-318.11(a)3) in order to preserve the attorney-client privilege and as allowed under NCGS 143-318.11(a)5) regarding real property.  and deferred taxes as of 06.30.20.  2023.  Minutes 07.14.20 Page 7 of8    Upon a motion by Commissioner Higdon, seconded by Commissioner Beale, the board voted to come out of closed session and return to open session at 10:55 CONSOLIDATED CLAIM AUTHORIZATION: Upon a motion by Commissioner Gillespie, seconded by Commissioner Higdon, the board voted 4-0 to authorize Mr. Jones to fill out the Consolidated Claim Authorization Form in the case against Purdue Pharma and to submit that form on the county's behalf. An unexecuted copy of that form is attached (Attachment 6) and is hereby made a  p.m.  part of these minutes.  ADJOURN: With no other business, at 10:57 p.m., upon a motion by Commissioner Higdon, seconded by Commissioner Gillespie, the board voted 4-  01 to adjourn.  Derek Roland  Jim Tate Board Chairman  Ex Officio Clerk to the Board  Minutes 07.14.20 Page 8 of8    MAÇON COUNTY BOARD OF COMMISSIONERS  AUGUST 11, 2020 MINUTES  Chairman Tate called the meeting to order at 6:02 p.m. and welcomed those in attendance. Due to Gov. Roy Cooper's Executive Order limiting the number of people at a mass gathering to 10 due to COVID-19, physical participation at the meeting in the boardroom was limited to that number. All five commissioners were physically present and practiced social distancing. County Manager Derek Roland was also present, as was Finance Director Lori Carpenter and County Attorney Chester Jones. Deputy Clerk Mike Decker watched the meeting via live stream. Areduced number of members of the media were allowed to attend.  ANNOUNCEMENTS: There were no announcements.  MOMENT OF SILENCE: Chairman Tate asked those in attendance to observe a PLEDGE TO THE FLAG: Led by Mr. Roland, the pledge to the flag was recited. PUBLIC COMMENT PERIOD: Robert Cook spoke in support for an increase in pay for members of the Macon County Sheriff's Department. Mr. Cook said he was a retired law enforcement officer, and described the sheriff's department as a "top-notch, professional organization." He said the department is down 11 deputies, and with an average base salary of about $39,000, he cited the low pay as the reason sO many officers move. He said older members of the staff leave for better pay and benefits, leaving a younger force. He told the commissioners that if you want the best and brightest, you need to pay, and asked the board to please consider raising their pay. Debbie Westerman asked if any progress had been made regarding the situation in Teem Hollow that she spoke about in the public comment period at the July board meeting. Mr. Jones said she left the meeting without him obtaining her contact information, and once he has that, he would set up an appointment with her. Hilda Jones told the board that she and her husband are the closest neighbors to the property in question on Teem Hollow. She said they moved here about eight and half years ago. She said the neighbors have moved in six "bashed up" campers in the last four years. She said the property has no weeds, no grass and trash everywhere. She said there is a stench coming from the property in the summer, and she and her husband  moment of silence.  Minutes 08.11.20 Page 1 of7    can't do yardwork because ofit. She said they also burn rubber on the property and that she and her husband "gag in our house due to the smell." She said there is a lot of traffic going to and from this property, usually a car every 15 to 30 minutes, adding that the visitors stay less than five minutes. In addition, she said there is a woman who lives on the property who screams and yells all the time and goes around with only a thong on. She told the board that we feel like prisoners in our home, adding that the neighbors have no electricity and no water, and "stole our electricity off the front porch." She described the situation as embarrassing and told the board, "We don't know what to do about this." In closing, she said her adult children will not bring their children to her house due to the circumstances. When she finished speaking, Mr. Jones asked her to sign his contact list. Heath Higdon said he was at the meeting to represent Betty Norris, who he said lives on the "other side" from Mrs.Jones. He said Mrs. Norris is 75 and a widow who comes to her property her four or five times a year. However, he said she is now afraid to come here, and he added that "nobody wants to live next door to a meth lab." He told the board Mrs. Norris is paying taxes on something she can't use. He said the adjoining property has at least seven vehicles that don'trun, septic has been seen running across the road, and there have been one or two explosions. "It's ruined people's property values," he said, and told the board that the neighboring homes are "useless" and worthless" due to the circumstances. He also signed Mr. Jones' contact list. Anita Lewis told the board she has lived in the Teem Hollow area all her life, and while it used to be beautiful, she would not invite anyone up there. She said the residents on the property in question dump sewer in the branch and burn tires and mattresses. She said the property should be condemned, and told the board something has to be done. In regard to the woman who goes around on the property partially dressed, Ms. Lewis said, "I hope the lady doesn't get run over," adding that somebody's gonna get her." Chairman Tate told her that the board has "a good gist" of the situation. Ms. Lewis began speaking directly to Mr. Jones, and Sheriff Robert Holland told the board that "everything you are hearing is accurate," saying he and his officers have been to the property lots of times and have arrested lots of people. Following several different conversations throughout the boardroom, John McCall spoke next. He told the board he does not live in the Teem Hollow area, but has seen the property and spoke to sewage running across the road and to rotting bags of trash. "I concur with everything these people have said," he told the board members, and offered to "load" them up in his truck and take them to the property. He also signed Mr. Jones' contact list. Tracy Rowland also spoke in regard to Teem Hollow, and told the board, "It's sad what has happened, , adding that she has called the health department about the situation, which she described as ridiculous." She signed Mr. Jones' contact list. Elaine Marshall told the board she lives on Ellijay Road on property that backs up to Teem Hollow. She spoke about sewage from a creek going into her yard, and added, "It's awful," and told the board members we are not exaggerating. She said the garbage and the vermin are bad and asked the board,  Minutes 08.11.20 Page 2 of7    "Please, please do something to protect the property owners." At this point, several people in the room left the meeting and others came up to Mr. Jones and ADDITIONS, ADJUSTMENTS TO AND APPROVAL OF THE AGENDA: Upon an motion by Commissioner Higdon, seconded by Commissioner Beale, the board voted unanimously to approve the agenda, as adjusted, as follows: To add consideration of a "Satisfaction of Security Instrument" under New  signed his contact list.  Business as Item 111, per Mr. Jones.  MACON COUNTY HOMELESS TASK FORCE PROPOSAL: Bob Bourke, the President of Macon New Beginnings, presented the board with a proposal to establish a homelessness task force in the county. A copy of background information that Mr. Bourke supplied to the board is attached (Attachment 1) and is hereby made a part of these minutes. He explained that the impetus for the project came from the Town of Franklin following his appearance at a town council meeting, where town officials asked him to return with a proposal. He said the community has to come up with a solution to the homeless problem and he wanted to involve as many people as possible in order to form "a cohesive Macon County response." He noted that the faith-based community is involved. He told the board that it is "about time we start taking some steps." Commissioner Beale suggested that Mr. Bourke might want to review the results of a study on homelessness prepared by the Macon County Health Department some years ago. During the ensuing discussion, Mr. Bourke pointed out that he is "not a proponent of government," saying he wants to fix things, not talk about it. He also noted his belief that Jesus is the solution, and that relationship is very important, sO no government funding. In the meantime, he said Macon New Beginnings would "continue to do the things we do." No action was taken.  UPDATE ON COUNTY'S RESPONSE TO COVID-19:  (A)Kathy McGaha - Macon County Public Health: Mrs. McGaha told the board the county's number of cases stood at 481, as the number of new cases has decreased over the last two weeks, and said the biggest question now is getting students back into the school system. She said North Carolina as a whole is seeing a leveling off in the number of cases as well. She did note that the county had recently experienced its fourth COVID- (B)Warren Cabe - Macon County Emergency Services: Mr. Cabe's remarks centered on testing, as he first noted there would be a community testing event on Thursday, August 13th at Macon Middle School, and he also noted that Macon County Schools' staff members would be tested (C)Sheriff Robert Holland: Sheriff Holland reported that none of the inmates at the Macon County Jail have the virus, and that in general,  19 related death.  prior to the start of the new school year.  Minutes 08.11.20 Page 3 of7    "things seem to be going well." The discussion then turned to salary issues in the sheriff's department, including the amount of overtime worked by (D)Derek Roland -Administration: Mr. Roland briefly addressed the salary issues in the sheriff's department and told the board that a report on that would be forthcoming. He: also addressed the impending start of the school year and the potential impact on employees who may need COVID-19 related leave as some students will attend class physically two days per  some officers.  week and do virtual learning on the other three.  Macon County Public Health Fee Plan for Fiscal Year 2020-21: Following brief comments from Mrs. McGaha, and upon a motion by Commissioner Higdon, seconded by Commissioner Shields, the board voted unanimously to approve the Macon County Public Health Fee Schedule for the current fiscal year. A copy of the schedule is attached (Attachment 2) and is hereby made a part of TRANSIT FARE STRUCTURE CHANGE: Transit Director Kim Angel told the board that her department has had to make changes to the transit system in order to adapt to changes caused by COVID-19. A copy of Mrs. Angel's memorandum to the commissioners is attached (Attachment 3) and is hereby made a part of these minutes. Those changes have included reduced staff, changes in routes, limiting the numbers of passengers on board and installing plexiglass barriers in all vehicles and implementing cleaning protocols. She explained that the system's ridership numbers were down 74 percent at one point. However, she explained that CARES Act funds are available to help system recoup expenses due to the pandemic. But, due to the need to modify the system's trip scheduling and reporting process to use the CARES funds, she said it has been necessary to modify the fare structure. She shared the current and proposed fare structures with the board, requested approval of the. new fares, and said she anticipates using the new rates for the remainder of the fiscal year and will re-evaluate at budget time. Upon a motion by Commissioner Higdon, seconded by Commissioner Shields, the board voted unanimously to approve the RESOLUTION REGARDING SURPLUS DENTAL EQUIPMENT: Mr. Jones explained that he had prepared a resolution in connection with the need to declare as surplus equipment used at the former Macon County Public Health Adult Dental Clinic and to authorize the sale of that equipment at public auction. He explained that the county will need to advertise this, and that each item involved will be sold separately. The equipment from the clinic is currently stored at the former National Guard Armory and will be sold on the courthouse steps. Upon a motion by Commissioner Higdon, seconded by Commissioner Beale the board voted unanimously to approve a "Resolution of the Macon  these minutes.  proposed fare structure as presented in the memorandum.  Minutes 08.11.20 Page 4 of7    County Board of Commissioners Declaring Property to be Surplus and Authorizing the Sale of the Same by Public Auction," and to allow Mr. Roland and Mr. Jones to set the date for the sale. A copy of the resolution is attached (Attachment 4) and is hereby made a part of these minutes. A list of the surplus REQUEST FOR PROPOSALS FOR HIGH-SPEED INTERNET ACCESS PROJECT: Mr. Jones told the board that a draft copy of the Request for Proposal (RFP) for the Macon County High-Speed Internet Access Service Expansion Project was in the board's agenda packet, and he and Mr. Roland explained how the RFP was developed. Mr. Jones said this would be the first in a series of steps  equipment is attached to the resolution as Exhibit. A.  in expanding high-speed internet in the county. Chairman Tate declared a recess at 7:45 p.m. Chairman Tate called the meeting back to order at 7:50.  Upon a motion by Commissioner Shields, seconded by Commissioner Beale, the board voted unanimously to move forward with the RFP as presented. REVISED EMERGENCY MANAGEMENT ORDINANCE: Mr. Cabe provided the board with a brief summary of the revised Emergency Management Ordinance, which is Chapter 31 of the county's code of ordinances. He pointed out that the ordinance has not been updated since 1977, and was due for a refreshing." He noted that Mr. Jones had updated the ordinance, and it makes very clear the delegation of authority, including Mr. Cabe's duties and responsibilities as Emergency Management Director. It clarifies who can declare an emergency, and he added that one of the more important things it addresses is that it requires a state ofemergency be published in accordance with state law, as some counties had been doing sO verbally. Mr. Jones told the board members that a draft of the revised ordinance was in their agenda packets, and he pointed out that only sections of the ordinance needed to be repealed and replaced. Following further explanation by Mr.. Jones, and upon a motion by Commissioner Beale, seconded by Commissioner Shields, the board voted unanimously to approve an "Ordinance of Macon County Updating, Repealing and Replacing Chapter 31, Emergency Management, of the Macon County Code and the Emergency Management Ordinance for the County of Macon, Both of Which Were Passed on September 12, 1977." A copy of the ordinance is attached (Attachment 5) and is hereby made a part of these minutes. It was stated that RENEWAL OF NON-EMERGENCY TRANSPORTATION SERVICES CONTRACT: Following a brief explanation by Mr. Roland, and upon a motion by Commissioner Beale, seconded by Commissioner Shields, the board voted unanimously to approve the renewal of a non-emergency transportation services  the updated ordinance is effective immediately.  Minutes 08.11.20 Page 5 of7    contract with Mountain Area Transportation Services for the transport of MACON MIDDLE SCHOOL RENOVATION: Mr. Roland outlined a request for additional services regarding the Macon Middle School renovation project. He explained that the county had received a proposal through SGA NarmourWright, the architect on the project, concerning additional design service fees relating to an additional scope. of work involving information technology items. Mr. Roland said the extra work is "strictly related to security" and alsoincludes an expansion of data outlets in the school. The overall cost of the additional work was approximately $400,000, but at. this point, the cost of the design phase is $16,600. Following discussion, and upon a motion by Commissioner Beale, seconded by Commissioner Shields, the board voted unanimously to approve the request as presented, and the motion includes approval of a budget amendment SATISFACTION OF SECURITY INSTRUMENT: Following an explanation from Mr. Jones, and upon a motion by Commissioner Beale, seconded by Commissioner Shields, the board voted unanimously to approve a "Satisfaction of Security Instrument" for Tina M. Thorne, a copy of which is attached CONSENT AGENDA: Upon a motion by Commissioner Shields, seconded by Commissioner Higdon, the board voted unanimously to approve the consent agenda as presented, which includes: (A) the minutes of the May 26, 2020 continued session, the minutes of the June 2, 2020 continued session and the minutes of theJune 9, regular meeting; (B) budgetamendment #34 for the Solid Waste Department to move $232,516 from Fiscal Year 2010-20 to Fiscal Year 2020-21 for projects not completed in the last budget year; #35 for the Department of Social Services (DSS) to appropriate $18,206 in COVID related social work funds; #36 for DSS to carry forward $1,641 in donations from the prior fiscal year; #37 for the Health Department to carry forward $1,545 received as prepayment for Rabies vaccine in Fiscal Year 2019-20 that will be received and administered in Fiscal Year 2020-21; #38 for the Health Department to roll $1,250 in Animal Control donations into Fiscal Year 2020-21; #39 for the Health Department to carry forward $7,188 in unexpended contributions from MountainWise Services to Fiscal Year 2020-21; #40 for the Health Department to appropriate a $5,239 decrease in a RCORP grant; #41 for the Health Department to carry, forward $2,153 in unexpended GusNIP grant money to Fiscal Year 2020-21; #42 for the Health Department to carry forward $31,634 in unexpended grant money from the Appalachian Regional Commission; #43 for thel Health Department to carry forward $5,852 in CARES Act provider relief funds; #44 for a non-departmental amendment regarding the CARES Act to adjust the carry forward of funds in the amount of $696,715 received from the.  involuntary commitments.  to take the $16,600 from the county's fund balance.  (Attachment 6) and is hereby made a part of these minutes.  Minutes 08.11.20 Page 60 of7    State Coronavirus Relief Fund (through the CARES Act) to account for expenditures claims between March 1, 2020 and June 30, 2020; #45 for a non- departmental amendment regarding the CARES Act to appropriate additional funds in the amount of $695,930 received from the State Coronavirus Relief Fund (through the CARES Act); #46 for the Sheriff's Department to appropriate $3,048 from an insurance settlement for vehicle repairs; and #47 for the Transit Department to carry forward $15,158 in CARES Act funds into Fiscal Year 2020- 21 (copies of the amendments are attached); (C) approval of tax releases for the month of July in the amount of $1,558.98; and (D) received the monthly ad valorem tax collections report for the month ofJuly (no action necessary), which shows a collection rate of 0.96 percent collected on 2020 general taxes, late CLOSED SESSION: At 8:08 p.m., upon a motion by Commissioner Beale, seconded by Commissioner Higdon, the board voted unanimously to go into closed session as allowed under NCGS 143-318.11(a/3) in order to preserve the attorney-chent 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 Higdon, seconded by Commissioner Shields, the board voted unanimously to authorize Mr. Roland to obtain an appraisal of property in the Nantahala community, with the costr not to exceed $5,000, and the motion also approves the appropriate budget amendment to take the money for the appraisal from the contingency fund. ADJOURN: With no other business, at 10:01 p.m., upon a motion by Commissioner Beale, seconded by Commissioner Shields, the board voted  listing penalties, discoveries and deferred taxes as of07.31.20.  to open session at 9:58 p.m.  unanimously to adjourn.  Derek Roland  Jim Tate Board Chairman  Ex Officio Clerk to the Board  Minutes 08.11.20 Page 7 of7    MACONCOUNTYE BUDGET AMENDIMENT AMENDMENTH DEPARTMENT EXPLANATION ACCOUNT  6 Rec Park  Carryf forward pathway connecting sidewalk on Bridge No. 22tothe greenway.  DESCRIPTION  INCREASE  DECREASE 67,500 47,250 20,250  116120 569506/CAPITAL IMPROVEMENTS 113850 435132/NCDOT GREENWAYCONNECT4227132 113840 417900FUNDI BALANCE APPROPRIATED  REQUESTED BY DEPARTMENTI HEAD APPROVEDI BY COUNTY MANAGER ACTION BY BOARD OF COMMISSIONERS APPROVED: & ENTERED ON MINUTES  RECOMMENDEDI BYF FINANCE OFFICER EualpaZs  10/13/20  mletng  DATED  CLERK    MACONCOUNTYBUDGETAXEMPMENT AMENDMENTH DEPARTMENT EXPLANATION ACCOUNT  Sheriff  Carryforward balance of donation for meals.  DESCRIPTION  INCREASE  DECREASE 708 708  113840 417900FUNDI BALANCE APPROPRIATED 114310 568300MEALS  REQUESTED BY DEPARTMENT HEAD RECOMMENDEDI BY FINANCE OFFICER APPROVED BY COUNTY MANAGER ACTION BYE BOARD OF COMMISSIONERS APPROVED: &E ENTERED ON MINUTES DATED  Aualagcte In/2/20  mebay  CLERK    MACON COUNTY BUPGET AMENDMENT  Date:  10/5/2020  AMENDMENT! #  DEPARTMENT: HEALTH  Receiving additional funding for Immunization Action Plan per AA 715 Revl.  ACCOUNT 113511-438520 115145-565015  DESCRIPTION Immunization- State Immunization Action Plan  INCREASE $ 14,492.00 $ 14,492.00  DECREASE  REQUESTED BY DEPARIMENTHEAD, Fak Mefale  RECOMMENDED BY FINANCEOFFICER APPROVED BY COUNTY MANAGER ACTION BY BOARDOF COMMISSIONERS APPROVED. ANDI ENTERED ON MINUTES DATED  Recagak  10/13/20 mehy  CLERK    MACONCOUNIYBUDGET: AMENDMENT AMENDMENTH DEPARTMENT EXPLANATION ACCOUNT  79 Elections election expenses. DESCRIPTION  Appropriate $82,571 of CARES Act Funds awardedt tot the Board of Elections for COVID related  INCREASE DECREASE 82,571 82,571  113850 445717 CARESACT-SBOE 114170 561102/CARES ACT-SBOE  REQUESTED BY DEPARTMENTI HEAD RECOMMENDED BY FINANCE OFFICER APPROVED BYC COUNTY MANAGER ACTION BY BOARD OF COMMISIONERS APPROVED &E ENTERED ONI MINUTESDATED  hihault molbly  Hilwckn  ERALApAt  10/13/20  CLERK    MACON COUNIYPLDOELANENONENT AMENDMENT# DEPARTMENT 114375  50  EXPLANATION FY20 HSGP MACON COUNTY MOA2040040  ACCOUNT  DESCRIPTION  INCREASE DECREASE $ 140,000.00 $ 70,000.00 $ 70,000.00  113850 435526 HOMELAND: SECURITY GRANT-HSGP 114375 560906 HOMELAND SECURITY GRANT-HSGP  114375 56950CAPITAL  REQUESTED BY DEPARTMENT HEAD RECOMMENDED BYF FINANCE OFFICER APPROVEDI BY COUNTYI MANAGER ACTION BY BOARD OF COMMISSIONERS  a 10/13/20  iprts mehay  APPROVED CLERK  & ENTERED MINUTES DATED  ONI    MACON COUNTYBVPGETAMENDMENT AMENDMENTE SL FROM: Lindsay Leopard DEPARTMENT: Sheriff'sOffice  EXPLANATION: Appropriate K9 donationf funds for purchase of K9 and trailer.  ACCOUNT 113840-417900 114310-569502  DESCRIPTION Fund Balance Appropriated Capital Equipment  INCREASE $21,083.00 $21,083.00  DECREASE  REQUESTED! BY DEPABIMENTHEAD, RECOMMENDED BYI FINANCEOFFICER APPROVEDI BY COUNTY MANAGER ACTION BY BOARDOF COMMISSIONERS APPROVEDANDENTEREDONMINMINUTESDATED,  llndpao  Jola/2e muhy  CLERK    MACON COUNIYEVOqETAMEMOMENT AMENDMENTES2 FROM: LindsayLeopard DEPARTMENT: Sheriff'sOffice  EXPLANATION: Appropriate drug buy money that was: seized andi returned tot the County by court  order. DESCRIPTION Miscellaneous Income Drug Buy Money  ACCOUNT 113839-444300 114310-561000  INCREASE $1,500.00 $1,500.00  DECREASE  QUISTPARCEPAIMERTILAO APPROVEDBYCOUNTYMANAGER, ACTION BYBOARD OF COMMISSIONERS APPROVEDAND! ENTEREDONI MINUTESDATED  RECOMMENDED BY FINANCE OFFICER eupsb  10/3/20 mebryg  CLERK    MACON COUNTY BVDgETAMENDMENT AMENDMENTE 53 FROM: Lindsayl Leopard DEPARTMENT: Sheriff'sOffice EXPLANATION: Appropriate funds forr riotg gear.  ACCOUNT 113840-417900 114310-560920  DESCRIPTION Fund Balance Appropriated Special Response Team  INCREASE $9,232.00 $9,232.00  DECREASE  QUISIDICOEANIDMEBTIL, APPROVEDI BY COUNTY MANAGER ACTION BY BOARD OF COMMISSIONERS APPROVEDANDENTEREDOMMINUIESDAIED  RECOMMENDEDI BYFINANCEOFFICER Benlupeto  lo/3/20 methny  CLERK    MACON COUNTY BUDGET AMENDMENT  AMENDMENT; # 54 DEPARTMENT: HEALTH EXPLANATION:  Need to decrease Appalachian Mtn Comm. Hlth grant for current FY: 21. Only should have rolled over amount for. July and August 2020 expenses. Decrease expenses and revenues from $29,966 to $3402.  ACCOUNT 115128-555124 113511-426010  DESCRIPTION  INCREASE  DECREASE 26,564.00 26,564.00  Appalachian Mtn Community Hlth Centers Appalachian Mtn Community Hlth Centers  REQUESTED BY DEPARTMENT HEAD Eurba  ona - Pak  RECOMMENDED BY FINANCE OFFICER aremcupsto  APPROVED BY COUNTY MANAGER ACTIONBYI BOARDOF COMMISSIONERS APPROVED AND ENTERED ON MINUTES DATED  lo/i3,o mabg  CLERK    MACON COUNTY BUDGET. AMENDMENT  AMENDMENT 85 DEPARTMENT: HEALTH EXPLANATION:  Received Year2 grant monies from Appalachian Mountain Community  Hlth Centers. Need toi increase budget in expenditures and revenues.  ACCOUNT 115128-555124 113511-426010  DESCRIPTION  INCREASE  DECREASE  Appalachian Mtn Community Hlth Centers Appalachian Mtn Community Hlth Centers  68,250 68,250  REQUESTED: BY DEPARIMENTHEAD, batalke  vas  RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNTY: MANAGER ACTION BY BOARDOF COMMISSIONERS APPROVED AND ENTERED ON MINUTES DATED  bacpto  lo/3/ao meebg  CLERK    MACON COUNTY BUDGET AMENDMENT AMENDMENTE Sh FROM: LindsayLeopard DEPARTMENT: Sheriff'sOffice EXPLANATION: Calendar Sales/ Appropriation  ACCOUNT 113344-435015 114310-556024  DESCRIPTION Calendar Sales Special Fund Expenses  INCREASE $4,810.00 $4,810.00  DECREASE  AEQUISTIDBYDIPARTAENT HEAD  RECOMMENDEDBYI FINANCE OFFICER APPROVEDI BYCQUNIYMANAGER, ACTION BY BOARDOF COMMISSIONERS APPROYEDANDENIREDOMMINUIESDAIED  KenCupso lo/iefzs mutins  CLERK    MACON COUNTY BUDGET AMENDMENT  Date:  9/16/2020  AMENDMENT; # %7 DEPARTMENT: HEALTH  Receiving additional funding for WIC Client Services per AA 403 Revl  ACCOUNT 113511-438502 115152-556806  DESCRIPTION WIC Revenue WIC Client Services  INCREASE $ 2,508.00 $ 2,508.00  DECREASE  REQUESTEDI BY DEPARTMENTHEAD IpuLAéka  RECOMMENDED BY FINANCEOFFICER APPROVEDI BY COUNTY MANAGER ACTION BY BOARDOF COMMISSIONERS APPROVED. AND ENTERED ONI MINUTES DATED  cklnCayrto  1ofs20 meebny  CLERK    MACON COUNTY BUDGET. AMENDMENT AMENDMENT! 88 FROM: FINANCE DEPARTMENT: EXPLANATION: 1I-3839-4850-00 11-5300-5565-03  September 14, 2020  DSS  Car insurance settlement DESCRIPTION Insurance Settlement Vehicle Repair  INCREASE $964 $964  DECREASE  REQUESTED BY DEPARTMENT HEAD RECOMMENDED BY FINANCEOFFICER APPROVEDBY COUNTY MANAGER  ACTION BY BOARDOF COMMISSIONERS pofrs/20 mecbny  APPROVED AND ENTEREDON MINUTES DATED  CLERK    MACON COUNTY, BUPGETA AMENDMENT  AMENDMENT # 89 DEPARTMENT: HEALTH EXPLANATION:  Need to carry forward unexpended Contributions money to current FY21.  Check for FY21 was deposited to FY20.  ACCOUNT 113840-417900 115128-555126  DESCRIPTION Fund Balance Appropriated Mountainwise Services Local  INCREASE  DECREASE 125 125]  REQUESTED BY DEPARTMENT HEAD hgle  Sla  RECOMMENDED BY FINANCEOFFICER APPROVED BY COUNTY MANAGER ACTION BY BOARD OF COMMISSIONERS APPROVED, AND ENTERED ON MINUTES DATED  BemCuprs  10(13/20 mubny  CLERK    MACONG COUNTY BUDGET AMENDMENT  AMENDMENT! # 90 FROM: Robert LHolland DEPARTMENT: ACCOUNT 11-3839-4850-00 1I-4310-5565-03  Sheriff DESCRIPTION Insurance Settlement Vehicle Repairs  EXPLANATION: Insurance Settlement  INCREASE $9,597.00 $9,597.00  DECREASE  REQUESTED BY DEPARTMENTI HEAD RECOMMENDED BY FINANCEOFFICER APPROVED BY COUNTY MANAGER ACTION BY BOARDOF COMMISSIONERS APPROVED, AND ENTEREDONI MINUTES DATED  a  10/13/20 meetiy  CLERK    5 R  &  R  &  &  R  & A  88 e 88 00 08 00 88 d8 88 o 80  o oo e  o o o  o  o  o  50 00 o o o  00 o 88 o o  s   :  A  : : : - :    00    TATE  Macon County Tax Office 5West Main Street Franklin, NC 28734  Phone: (828)349-2149 Fax: (828)349-2564 incdowel@macome-ors  TO: FROM: RE: DATE:  Macon County Board of Commissioners Macon County Tax Collections Supervisor Settlement Report for 20191 Taxes October 4, 2020  Teresa McDowell  Each year North Carolina General Statute $105-373 dictates that a series of reports be made available to the Macon County Commissioners as a part of the annual settlement for the Tax Collector. The reports 1. As summary of the collection practices and remedies employed by the tax collector. 2. A financial report for the most recent fiscal year'staxes that balances all of the amounts charged tot the tax collector for collection, including taxes, discoveries, penalties, fees and interest, 3. As sworn statement that states that diligent effort has been made by the Collector to collect any 4. AI list of delinquent property taxes from the most recent year owed by taxpayers who ownr real property int the jurisdiction. This list is further identified as the same list that was provided as the advertising list for publication in the local paper. Please note that this list was generated in May of 2020 for advertisement purposes, and many of the accounts on this list have been paid int full at this time. This listi is on file in the Macon County Tax Collector's Office and will be 5. Al list of delinquent property taxes from the most recent fiscal year owed by taxpayers who do not own real property int the jurisdiction (personal property.) This listi is on file in the Macon  that are attached are identified as follows:  against the amounts actually collected. (Settlement Report) taxes due by reasonable means available for collection procedures.  provided if needed.  County Tax Collector's Office and will be provided ifr needed.    Settlement for Current Taxes for Fiscal Year 2019-2 2020 General Taxes G01*19  Charges: Original Levy Discovery Levy Corporate Utility Levy Interest Credits: Deposits Releases Refunds Write-Offs Misc Debits/Credits Uncollected  28,226,951.61 114,749.97 634,535.08 58,664.81 29,034,901.47  28,721,012.42 -17,074.37 150,268.36 -1,239.70 33,610.51 -479,453.85 -29,034,901.47  Collection percentage for 2019 general taxes  98.35%  ymhue  Luuse Teresa McDowell Tax Collections Supervisor  SWORN TO AND SUBSCRIBED BEFORE ME, this 5th day of ctober, 2020  S A Smell  Notary/Public  My Commission Expires: Saplember 24,2035    TO: FROM: DATE:  Macon County Board of Commissioners Teresa McDowell Tax Collections Supervisor October! 5, 2020  Ina accordance with A65M13Pe0AIpa, submit thet following Statement: Thet following lists are on file and available for review in the Tax Collections Office. (1) al list of the persons owning real property whose taxes for 2019 remain unpaid, along with the principal amount owed by each person (the advertisement list which was developed and made available in May, 2020); and (2) al list oft the persons not owning real property whose personal property taxes for 2019 remain In compliance with N.C.G.S. $105-373(a) (3), a report entitled "Macon County Settlement Report-2019 setting forth my full settlement for allt taxes in my! hands for collection oft the 2019 taxes, as well as any Further, Ihereby certify that I have made diligent efforts to collect thei taxes due from the persons listed  unpaid, along with the principal amount owed by each person.  delinquent taxes owed will be provided. in: such a manner that is reasonably necessary.  Respettulysubmites,  Luuaa ymhuce Teresa McDowell, Tax Collections Supervisor CB AAilt  SWORN TO ANDS SUBSCRIBED BEFORE ME, this 5th day ofOctober,2020.  Notary Public  My Commission Expires: Saplember 24,2025    DATE: TO: FROM: RE:  October 4, 2020  MACON COUNTY COMMISSIONERS Macon County Tax Collector's Office Teresa McDowell, Tax Collections Supervisor  Relief of the Taxing Unit for Collection of Real Estate Taxes that are Ten Years  Past Due  Dear Commissioners: Statute $105-378.  Iti is the practice in North Carolina that the tax collections staff be relieved of collecting any taxa accounts that are a minimum oft ten( (10) years old. This procedure is allowed under North Carolina General Based on this statute, lam asking the Commissioners to only charge this office with the collection of  taxes that are ten (10) years delinquent.  2009:  $30,565.02  Thank you and please contact my office ify yous should have any questions.  Respectfully, Rersa Teresa McDowell  mnuee    MACON COUNTY Tax Collection Procedures 10/4/2020 TAX COLLECTIONS:  The Tax Collections Office staff consists of a Tax Collection Supervisor, and two (2) Deputy Tax Collectors, all of whom are certified through the North Carolina Association of Tax Collectors. The collection procedure involves processing payments through checks, cash and electronic payments. Property owners may payt their taxes through the mail, phone- based transactions, on-line, in person and through a secure drop-off box located inf front oft the annex building. Many accounts are also paid through an electronic process utilized by escrow companies, service companies and by Auto-Agent, whichi isa as software program that mortgage/escrow, companies utilize in order to eliminate 98% of The collections office staff utilizes diligent effort to collect both the current year taxes and any delinquent taxes. Collection oft the current year taxesi involves the processes as mentioned above as well as al lockbox: service which is provided through the Wells Fargo bank. This service involves Wells Fargo staff electronically processing payments, with a report provided to the office staff daily, with payments processed and balanced by the collections staff on the same day. Also, this staff works closely with escrow companies, service companies, and Auto-Agent to electronically process payments that are forwarded each year. As always, we, process payments on-site, and service many property owners who We have increased the use of enforced collections through this officei in recent years. Enforced collections involve processes utilized to collect delinquent taxes. These processes include: garnishment of bank accounts, garnishment of Department of Revenue returns, garnishment of rents or other dollars held by at third party, and as a last resort, the foreclosure process. Unfortunately, during 2020, enforced collections were not utilized as much as theyl have been in previous years based on the onset of the The collections office staffi is involved in the installation of new software at the present time. Our new process should' "go live" on November 1, 2020. The new: software was chosen throughac committee which included tax collections staff, taxa appraisal staff, and the IT department. The provider is Bi-Tek. We are excited int that this software is going to successfully meet our needs and provide ar more As noted above, thet foreclosure process is now utilized in this office with successful results. We contract with attorney Kelly Ball, of Ridenour & Goss to handle our foreclosures. The mortgage style foreclosure process is utilized, resulting in a much more efficient process, with attorney involvement throughout. This process is initiated with a demand letter for payment, which regularly results in payment without any other part oft the process being utilized. In my opinion, the inclusion of this process is necessary to insure that the tax collections rate is kept at the maximum amount achievable. Prior to enforced collections being utilized, a property owner is notified by billings in. July of eachy year, second notices which are mailed in. January of each year, advertisement int the newspaper whichis scheduled for March (Advertisement took place in May of 2020, a delay caused by the COVID: 19 pandemic) ofeachy year, and various other communications which are mailed directly from this office.  refunds.  pay directly through our office.  COVID-19 pandemic.  organized approachi in processing delinquent taxes.    Processes for payment alsoi include pre-payments, which allow a property owner to divide his or her tax bill into twelve (12)" "pre-payments" priort to the bill beingi issued or partial payments after the bills are Processing and balancing off fund collection reports are issued to the finance office on a daily, monthly, The increase int the use of enforced collections and other collection procedures has resulted in the tax collection rate being over 98% or overt the last three (3) years, with the 2019 collection rate being  issued and prior to the delinquency date.  and yearly basis.  98.35%.    MACON COUNTY TAX OFFICE 5 WEST MAIN STREET  FRANKLIN, NC 28734  MEMORANDUM TO: FROM: cc: Date: Re:  Macon County Board of County Commissioners Abby Braswell, Macon County Tax Administrator Refund ofTaxes for 512 Cowee Creek Rd.  Derek Roland, Mike Decker October 5, 2020  Arefund was requested by Phil Scruggs for the 2019 taxes on the old house at 512 Cowee Creek Rd. On September 10, 2018 a fire destroyed the house at 512 Cowee Creek Rd. This dwelling was not removed from the tax rolls for 2019 and the taxes were paid. N.C.G.S 105-381 (a)(1)a. state a valid defense for refund shall include: A.a a tax imposed through clerical error. B. An illegal tax C. A tax levied for an illegal purpose. Ido: not believe this is a clerical error since North Carolina Courts have ruled that clerical errors only apply to a transcription error. Ibelieve this is an illegal tax since Mr. Scruggs is asking for a $96 as his refund but the total refund for the house is $354.03. Please consider my recommendation that the amount of $354.03 be refunded based on the fact that the house was not there as of. January 1, 2019 and that tax levied was an illegal  it was a tax on a structure that was not there as of. January 1,2019. This includes general tax, fire fee, landfill fee and interest.  tax.  Thank you for your consideration. Macon County Tax Administrator  Abby Braswell    88   5  - vuw $ $S S  00000  65 6 o 0    To Whom It May Concern,  In September of 2018 my grandmothers (Leobelle Gibson) house at! 514 Cowee Creek Road, Franklin, NC, was struck by lightning and was burnt beyond repair. Whentpaidi the taxes of $96.00, this year in: 2020, for1 the year 2019, Idid not remember that the total included, both the house and the farm property. At this time, Iwould like to request a reimbursement of $96.00 from whatl paid in taxesi for  the year 2019.  Thanky you,  FRbr  Phil Scruggs, propertyowner    Location: 514 COWEE CREEK RD Franklin NC: 28734 Lat/Long: N350 15' 45.78" W83024/15.67" Zone: Central Area Central Area Location Type: 1- Street address Population Density: Rural  Incident Type: 111-Building fire FDID: 05705 Incident #: 2018-138 Exposure ID: 34464128 Exposure #: 0 Incldent Date: 09/10/2018 Dispatch Run #:2018-00031789  EVOLN ,R  Cowee Volunteer Fire/Rescue Station: All  Inc  Report Completed by: Pendergrass, ,Dustin Lucas Report Reviewed by: Pendergrass, Dustin Lucas  ID: 1801 ID: 1801 ID: 1801  Date: 09/16/2018 Date: 09/16/2018 Date: 5/28/2020 Time: 19:13  Report Printed by:  Pendergrass, Dustin Lucas  Structure Type: Enclosed building Property Use: 419-1or2family: dwelling Automatic xtinguishment System Present: a Detectors Present: Cause of Ignition: Act of nature Aid Given or Received: Automatic aid received Primary action taken: 10-F Fire control or extinguishment, other Property: $20,000.00 Property: $24,370.00 Civilian Injuries: 0 Fire Service Injuries: Contents: $5,000.00 Contents: $15,000.00 Civilian Fatalities: 0 Fire Service Fatalities: Total: $25,000.00 Total: $39,370.00 Total Casualties: 0 Total Fire Service Casualties: 0  Additional actions: Losses  12-Salvage & overhaul, 86 Investigate  Pre-Incident Values  0 0 22  Total # ofa apparatus on call: Neighboring Agencies Agency Name: Bumingtown-lotia Fire/Rescue Agency ID: 05707 Agency Type: Fire Agency Name: Franklin Fire/Rescue Agency ID: 05702 Agency' Type: Fire Agency Name: Macon County EMS Agency ID: 05752 Agency Type: EMS Mutual Aid  7 Total # of personnel on call:    NARRATIVE (2) Narrative' Title: Narrative Narrative Author: Pendergrass, Dustin Narrative Date: 09/16/2018 15:12:14 Narrative Apparatus ID: E18-3 Narrative:  1800 UNITS WERE DISPATCHED TO THIS LOCATION IN REFERENCE TO AI RESIDENTIAL STRUCTURE FIRE. 1100, 1500, AND SQUAD 4 PROVIDED. AUTOMATIC. AID. MACON EMS STAGED ANDI PROVIDED SCENE REHAB. ENGINE 18/ ARRIVED ON SCENE 1ST/ AND REPORTED: SMOKE SHOWING, ADDING THAT THE FIRE WAS THROUGHTHE ROOF. TWO (2)1"3/4A ATTACK LINES WERE DEPLOYED, ALONG WITHA A2 2" ATTACK LINE. TWO CREW MEMBERS FROMI ENGINE 18 MADE THE INITIAL ATTACK THROUGH THE DOOR ON THE "D" SIDE OF THE HOME. 1802 (LPICKENS) HAD COMMAND. 1850 ARRIVED ON SCENE AND DEPLOYED, A SUPPLY LINE TO ENGINE 18. 1853 AND 1851 ARRIVED ON SCENEAT THE SAME TIME. ADRAFT SITE WAS ESTABLISHED AT THE BRIDGE. JUST BELOW THE HOME WITH 1853. 1801 (DI PENDERGRASS) ANDI MEMBERS FROM: 1100 ENTERED AS THE SECONDARY ATTACK CREW, WHILE MEMBERS FROM 1800 AND 1500 PROVIDED R.I,TS STANDBY ANDI EXTERIOR OPERATIONS, ONCE THE FIRE WAS" "KNOCKED DOWN", UPONI INTERVIEWING THE CALLER, SHE REPORTED, ALARGE LIGHTENING STRIKE: IN THIS AREA: JUST PRIOR TO: SEEING THE SMOKE. BURNT AND CHARRED ELECTRICAL LINES WERE NOTED AT THE' "C" "D" CORNER, WHERE THE POWER ENTERED THE HOME. THIS WASI DETERMINED TO BE THE AREA OF ORIGIN WITHI LIGHTENING BEING THE CAUSE. THE FIRES SPREAD WAS VERY OBVIOUS FROM1 THIS POINT: INTO1 THE CEILING AND THEN THROUGHOUT THE ATTIC SPACE. CREWS FROM 18, 11, AND SQ 40 COMPLETED SALVAGE AND OVERHAUL. ONCE THEF FIRE MARSHAL (525-J.TEEM) COMPLETED HISI INVESTIGATION, AL LARGE FOAM BLANKET WAS APPLIED TO THE ENTIRE AREA. ONCE COMMAND WAS COMFORTABLE WITH THE OPERATIONS, AUTOMATIC: AID WAS RELEASED. 1800 REMAINED ON SCENE FOR SEVERAL MINUTES TO ENSURE THAT THE FIRE WAS COMPLETELY! EXTINGUISHED. COMMAND WAS THEN TERMINATED, AND ALL  SUPPLY LINES WERE THEN DEPLOYED FROM. 1853 TO: 1850. EXTENSIVE. SALVAGE AND OVERHAUL OPERATIONS BEGAN.  UNITSF REPORTED BACK TO THE STATIONS.  NARRATIVE (3) Narrative Title: AUTOMATIC AID Narrative Author: Pendergrass, Dustin Narrative Date: 09/16/2018 15:17:16 Narrative Apparatus ID: IMPRT Narrative: 1151,1152,1160 E15,1554 SQ4 MEDIC6    APPARATUS Fire Controlled Date /Time: Unit Type: Use: # of People Alarm Dispatched Enroute Arrived Cancelled Cleared Scene Inc Quarters In Service Unit Type: Use: # of People Alarm Dispatched Enroute Arrived Cancelled Cleared Scene Inc Quarters Ins Service Unit Type: Use: Response Mode: # of People Alarm Dispatched Enroute Arrived Cancelled Cleared Scene In Quarters In Service Unit Type: Use: #of People Alarm Dispatched Enroute Arrived Cancelled Cleared Scene In Quarters In Service  9/10/2018 4:42:00PM Unit Type: Use: Response Mode: 0 # of People Alarm Dispatched: Enroute Arrived Cancelled Clearèd Scene InQuarters InService Unit Type: Use: Response Mode: #of People Alarm Dispatched Enroute Arrived Cancelled Cleared Scene InQuarters In Service Unit Type: Use: Response Mode: #of People Alarm Dispatched Enroute Arrived Cancelled Cleared Scene In Quarters Ins Service  1852 Tanker & pumper combination Suppression 09/10/2018 16:04:14 09/10/2018: 16:08:13 09/10/2018 16:08:14 09 /10/2018 16:15:55 1-/- 09/10/2018: 18:22:42 /-/-- 09/10/2018 18:22:42. 1851 Tanker & pumper combination Suppression 2 09 /10/2018 16:04:14 09/ /10/2018 16:13:02 09 /10/2018 16:13:03 09 /10/2018 16:17:01 -1-/- -:-:- 09/10/2018 18:22:42  1-/-- ::- 09/10/2018 18:22:42 E-18 Engine Suppression Lights and Sirens 4 09/10/2018 16:04:14 09/10/2018: 16:05:00 09/10/2018: 16:05:00 09/ /10/2018 16:09:00 1- 09/10/2018 18:22:42 1 1-/- -::- 09/10/2018 18:22:42 1854 Tanker & pumper combination Suppression 2 09/ /10/2018 16:04:14 09 /10/2018 16:05:00 09 /10/2018 16:15:00 09/ /10/2018 16:20:00 1-l :--:-- 09 /10/2018 18:22:42 1--1 : : 09/10/2018 18:22:42  1853 Tanker & pumper combination Suppression 1 09/ /10/2018 16:12:08 09 /10/2018 16:12:34 09/ /10/2018 16:12:35 09 /10/2018 16:16:51 +-/-- -:- 09/10/2018 18:22:42 1-/-- - - 09 /10/2018 18:22:42. 1862 Chief officer car Other Lights and Sirens 2 09/10/2018 16:04:14 09/10/2018 16:24:35 09/ /10/2018 16:24:36 09/10/20181 16:24:37 1-- --:--: 09/10/2018: 18:22:42 -/- 09/ /10/20181 18:22:42 1850 Tanker or ténder Suppression Lights and Sirens 1 09/ /10/2018 16:04:14 09 /10/2018 16:05:00 09/ /10/2018 16:06:00 09/ /10/2018 16:10:00 -/-- -:-:- 09/10/2018: 18:22:42 L-- :: : 09/ /10/2018 18:22:42  Response Mode: Lights and Sirens  Response. Mode: Lights and Sirens  Response Mode: Lights and! Sirens  Number Of People not on apparatus: 9    FIRE Acres Burned Area Of Fire Origin Item First Ignited Type Of Material Factor Contributing' To Storm Ignition Human Factors Contributing STRUCTURE FIRE Structure' Type # Of Stories At Above Grade Square Feet Width Fire Spread Minor Damage Heavy Damage PEOPLE = PERSON1 Is Owner Telephone Number Name Address  None or Less Than One Wall surface: exterior Structural: member orf framing lumber None-  Acres Burn! From Wildland False Form Heat Source Fire Is Confined' To Object Of Origin  Lightning discharge Act ofr nature  Sawn wood, including allf finished Cause Of1 Ignition  Enclosed building 1156 0 0  Building Status #Ofs Stories Below Grade 0 Length Floor Of Origin Significant Damage Extreme Damage Business Name Involvement Date of Birth  Vacant and secured  Confined to building of origin  0 1  False 828-421-4962 Frankabelle! Scruggs 11711HUCKLEBERRY CREEK RDSYLVA  Saw the Smoke and Dialed 9-1-1    PERSONNEL ON CALL Name Balmer, William (Bill): John Branson, John Carpenter, Killian Pierce Davis, James Merreil Golding, Bob C Greenwood, Charles Edward Johnson, Autumn Mariah Johnson, Benjamin (Benji) Allen Johnson, Bradsher Lanier Johnson, Thomas (Tom) Lloyd Killian, Bryan Stephen McDonald, Andre T McWilliams, Richard (Alan). Alan Peavy, Chad Robert Pendergrass, Brett Alan Pendergrass, Brooklynn Monique Pendergrass, Dustin Lucas Pickens, Larry Henry Price, Joshua: Jordan Rowland, William (Seth) Seth Scruggs, John (Phil) Phil Trammel, Eric Dylan  Personnel Rank Firefighter2 Junior Firefighter 2nd-Lleutenant Maintenance Officer Rescue Captain Safety Officer Firefighter 2 2nd Assistant Chief Junior Firefighter Swiftwater Team Leader Firefighter Firefighter Training Officer Firefighter2 Junior Firefighter 1st-Lieutenant Chief 1st Assistant Chief Fire Captain 1st-Lieutenant Safety Officer Probationary  Role(s)  Apparatus Other Other E-18 1850 Other 1853 E-18 Other 1854 1854 Other E-18 1852 Other Other 1862 1851 E-18 1862 Other Other 1851  Member Making Report (Chief Dustin Lucas Pendergrass): Incident Reviewer (Chief Dustin Lucas Pendergrass):        MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - CLOSED SESSION  MEETING DATE: October 13, 2020  14.  The need for a closed session is warranted under NCGS  143.318.11()(3): in order to preserve the attorney/client privilege.