MACON COUNTY BOARD OF COMMISSIONERS  December 10, 2019 AGENDA  1. Call to order and welcome by County Manager Derek Roland  2. Election of Chairman 3. Election of Vice Chairman 4. Announcements 5. Moment of Silence 6. Pledge of Allegiance 7. Public Hearing(s) 8. Public Comment Period 9. Additions to agenda  10.Adjustments to and approval of the agenda  .Reports/Presentations 12.Old Business  A. Fiscal Year 18-19'. Audit Presentation- Martin Starnes A. Amendment to Contract for Medical Services at the Macon County Detention Center- Derek Roland, County Manager, B. Amendment to Memorandum of Transportation Agreement- Derek Roland, County Manager, Chester, Jones, County Attorney A. Resolution declaring old Macon County Jail (current location of Gem and Mineral Society) surplus property and accompanying lease to the Gem and Mineral Society for the period ofJanuary 9,2020- January 8, 2021- Chester. Jones, County Attorney B. Resolution declaring Cowee School Building surplus property and accompanying lease to Cowee School Arts and Heritage Center for the period of January 1, 2020- December 31, 2020-  Chester Jones County Attorney  13.New Business  Chester, Jones, County Attorney    C. Request from VVA Chapter 994 to place and fly POW/MIA flag in unison below the United States Flag at Macon County Courthouse- Vietnam Veterans of America Chapter 994 D. Consideration of Contract with Mountain Area Transportation Services for the transportation of involuntary commitment patients- Derek. Roland, County Manager, Chester Jones, County E. Courthouse Security discussion concerning construction of "Sally Port" at Macon County Courthouse for loading and un-  Leadership  Attorney  loading ofi inmates- Sheriff Robert Holland  14.Consent Agenda - Attachment  All items below are considered routine and will be enacted by one motion. No separate discussion will be held except on request of a member of the Board of  Commissioners.  A. November 12, 2019 Board meeting minutes B. Budget Amendments #117-122 C. Tax Releases for November in the amount of $608.36 D. Tax Office Monthly Report  15.Appointments  A. Macon County Board of Health (2 seats)  16.Closed session (if necessary) 15. Adjourn/Recess    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: December 10, 2019 DEPARTMENT/AGENCY: N/A  SUBJECT MATTER: Fiscal Year 18-19' Audit Presentation  COMMENTS/ECOMMENDATION:  Representatives with Martin Starnes will present the Fiscal Year 2018-2019'  Audit to the Board ofCommissioners.  Attachments Agenda Item 11A  Yes  X No        MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: December 10, 2019 DEPARTMENT/AGENCY: N/A  SUBJECT MATTER: Amendment to Detention Center Medical  Contract  COMMENTS/RECOMMENDATION:  The Detention Center Medical Contract will be amended to reflect additional services that are now being provided by the Medical Contractor at the Macon County Detention Center. A copy of the revised contract will be  made available at the meeting.  Attachments Agenda Item 12A  Yes  X No        MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: December 10, 2019 DEPARTMENT/AGENCY: N/A  SUBJECT MATTER: Amendment to Memorandum of Transportation  Agreement.  COMMENTSRECOMMENDATION:  The Memorandum for Transportation Agreement, concerning the transportation of involuntary commitment patients that was approved by the Board of Commissioners on September 10, 2019, will be amended to incorporate Mountain Area Transportation Services (MATS). A hard copy  ofthe agreement will be provided at the meeting.  Attachments Agenda Item 12B  Yes  X No        MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: December 10, 2019 DEPARTMENT/AGENCY: N/A  SUBJECT MATTER: Macon County Gem and Mineral Society  COMMENTS/RECOMMENDATION:  Macon County Gem and Mineral Society lease renewal for the term of January 9, 2020- January 8, 2021. Also attached, please find a resolution  declaring this property surplus.  Attachments Agenda Item 13A  X Yes  No        RESOLUTION: LEASING PROPERTY FOR A TERM OF ONE YEAR  WHEREAS, the County ofl Macon is the owner ofat tract or parcel ofl land, int the' Town of Franklin, Macon County, North Carolina, on the west side ofPhillips Street, upon which is located the old Macon County Jail Building, including the Sheriff's living quarters, which the Board of  Commissioners finds is currently surplus to the County'sn needs; and  WHEREAS, the GEM & MINERAL SOCIETY OF FRANKLIN, N.C., (GEM & MINERAL SOCIETY OFI FRANKLIN, N.C.,) has previouslyrented the property: fora ai term off five (5) years, during which major improvements to the building including an expenditures of over $25,000in2 2006: fort threei mini-split air conditioning: and! heating units andre-carpeting, painting: and installation ofa a new burglar alarm system at a cost of $5,000: in 2007 were made; and  WHEREAS, the Countya andt the GEM AMINERALSOCIETYOFFRANZINNC.have agreed upon al lease, under which the GEM & MINERAL SOCIETY OF FRANKLIN, N.C., will lease the County'sp property for ai term ofo one (1) year, beginning January9,2020; and  WHEREAS, in consideration of leasing the county's property, the GEM & MINERAL SOCIETYOFFRANKLIN,N.C,has: agreed Itomaintaini the premisesi in good conditionandprovide to the public, free of charge, gem and mineral and Indian artifact displays and will pay the county  an annual rent of$10.00 and other good and valuable considerations; and  WIEREAS,MasonCoumywlncthveaned fort ther real property described int thel Lease tot the GEM & MRBAISIETYOFRANIN N.C., ac copyofwhichi is attached] hereto and incorporated herein byreference for and during the term ofs such lease and does hereby declare the  same to be surplus property.  NOW, THEREFORE, thel Board of Commissioners oft the County of Macon doth resolve 1. That the Board of Commissioners hereby approves the lease oft the county property describedaboveto: the GEM & MINERALSOCETYOFFRANAIN.NC.IeTCNE  as follows:  (1), year, a copy ofv which is attached hereto.  2. That Macon County will not have a need for the real property described int the Lease to the GEM & MINERAL SOCIETY OF FRANKLIN, N.C., a copy of which is attached hereto and incorporated herein byreference for and during the term ofsuch lease and does hereby declare the same to be surplus property; and  3. That thel Board ofCommissioners hereby directs the appropriate County employees  to execute any instruments necessary to the lease.  1    ADOPTED this the 10th day ofI December, 2019.  COUNTY OF MACON  James Tate, Chairman Board of Commissioners  ATTEST:  Derek Roland, Clerk to the Board  2    STATE OF NORTH CAROLINA COUNTY OF MACON  LEASE AGREEMENT  THIS LEASE AGREEMENT, made and entered into as oft the day of by and between COUNTY of MACON, and political subdivision of the State ofNorth Carolina, ("COUNTY"), and GEM & MINERAL SOCIETY OF FRANKLIN, N.C., a North Carolina non-profit corporation with its principal place ofbusiness being in the Town ofFranklin, Macon County, North Carolina, ("GEM & MINERAL SOCIETY OF FRANKLIN, N.C.,").  20  WITNESSETH:  WHEREAS, the COUNTY; is the owner ofthel hereinafter described tract or parcel ofl land, upon which is located the old Macon County Jail Building, including the Sheriff's living quarters, located at 25 Phillips Street, in the Town of Franklin, Macon County, North Carolina ("the  Premises"); and  WHEREAS, the GEM & MINERAL SOCIETY OF FRANKLIN, N.C., has previously rented the Premises for a term ofone (1): year, during which major improvements to the building were made, and has agreed to maintain the Premises in a good condition and to provide for the  public, free of charge, gem and mineral and Indian artifact displays; and  WHEREAS, in the opinion oft the duly elected Board of Commissioners of the County of Macon, it has been determined that said property, ini its present condition, is not necessary for any public purpose ofthe County, and that therei ist no presently: foreseenneed: for the use ofsaidproperty  for public purposes oft the County during the term oft this Lease; and  WHEREAS, the Board ofCommissioners oft the county ofMacon has found said property  tol be currently surplus to the COUNTY's needs; and    WHEREAS, upon. Resolution duly approved byt thel BoarlofCommisioners ofthe County WHEREAS, the GEM & MINERAL SOCIETY OF FRANKLIN, N.C., desires tol lease the hereinafter described: real estate, and improvements thereupon, and has agreed toi maintain the same and keep it open as a museum, available to the public, pursuant to the terms hereof;  ofMacon, the execution of this Agreement has been approved; and  NOW, THEREFORE, for andi in consideration ofthej premises, and the: further sum ofTen Dollars ($10.00) this day paid by the GEM & MINERAL SOCIETY OF FRANKLIN, N.C., unto the COUNTY, the receipt of which is hereby acknowledged, and the further consideration of the matters and things to be performed by the GEM & MINERAL SOCIETY OF FRANKLIN, N.C., hereinafter enumerated, the COUNTY does hereby let and lease unto the GEM & MINERAL SOCIETY OF FRANKLIN, N.C., and the GEM & MINERAL SOCIETY OF FRANKLIN, N.C., does hereby rent and take from the COUNTY, the following described property, to-wit: All that certain tract of parcel of land, lying and being in the Town of Franklin, Macon County, North Carolina, on the west side of Phillips Street, and being more BEGINNING at a concrete monument near the northwest corner of The Macon County Jailhouse, as the same is shown on the survey and Plat entitled Rankin Square, as surveyed by Gardner v.Holden, Registered! Land Surveyor, under date of August 5, 1976, which plat is recorded in the office of the Register of Deeds for Macon County, North Carolina, in Plat Book 4 at page 128; runs thence from said Point of Beginning, South 18 degrees 55 minutes East 63.40 feet to the northwest corner oft the old Library building; thence with the north wall oft the same, North 71 degrees 05 minutes East approximately 48 feet to the west margin oft the sidewalk alongl Phillips Street; thence withi the westi marginofsaids sidewalk, North 19 degrees 37 minutes 05 seconds East 63.32 feet to aj point near the northeast corner oft the old Jailhouse building; thence South 71 degrees 09 minutes West approximately 481 feet  particularly described as follows:  to the point of BEGINNING.  The terms and conditions of this Agreement are as follows:  1.1 The term of this Lease shalll begin as oft the gth day of] January, 2020, and unless sooner minidalermifepona. shall continue through andincluding the gth dayoflanuary,2021. 2.Asrental for thel Premises, the GEM & MINERALSOCIETY OFI FRANKLIN,N.C. shall pay unto the COUNTY: an annual rental ofTen. Dollars ($10.00), the same tol bej payable in advance  upon the execution hereof.  2    3.The GEM & MINERALSOCIETY OFFRANKLIN, N.C., shall have the right and shall be obligated to perform at its sole cost, all repairs to the interior of said building, and the roof  thereof, as shalll be required tol keep the same in a safe and usable condition.  4. The GEM & MINERAL SOCIETY OF FRANKLIN, N.C., shall, at its sole cost and expense, provide all maintenancei necessaryt to: maintain thel leased. Premises and allj portions thereof  ing good, same and attractive condition.  5. The GEM & MINERAL SOCIETY OF FRANKLIN, N.C., shall make no structural changes or alterations to exterior oft thei improvements upon the Premises without the prior written  approval oft the COUNTY.  6. The GEM & MINERAL SOCIETY OF FRANKLIN, N.C., shall, at its sole cost and expense, further make all improvements which may! be required to insure that the Premises comply walgsmslig.ises including! butnotli limitedtot the. Americans with] DisabilitiesAct. 7.Neither all nor any portion of the leased Premises shall be sub-leased without the prior 8.T The GEM & MINERAL SOCIETY OFI FRANKLIN,N.C., as apart ofthe consideration hereof, expressly agrees toi maintain its presentl levelofservices tot the citizens ofMacon Countyand the Public, in general, all without charge or fee, unless prior written approval to a change thereof  written approval oft the COUNTY.  shall first have been obtained from the COUNTY.  9. The GEM & MINERAL SOCIETY OF FRANKLIN, N.C., shall pay all charges for the furnishings of utilities to the leased Premises, the charges therefor to be billed to the GEM & MINERAL; SOCIETY OF FRANKLIN, N.C., and in no way billed or charged to the COUNTY. 10.7 The COUNTY shall not be liable for any damage to property oft the GEM & MINERAL SOCIETY OF FRANKLIN, N.C., or property of other parties, or for damage to persons, whether employees or customers, having property upon or being upon the leased Premises, nor for the loss of or damage to any property or person, by theft or otherwise. The COUNTY shall not bel liable for any injury or damage to the demised Premises, persons or property resulting from fire, explosion, deficiency in the structure or any other cause of whatsoever nature; and the GEM & MINERAL SOCIETY OF FRANKLIN, N.C., agrees to save the COUNTY harmless from all claims for damages to person or property occurring in or on the leased Premises; nor shall the COUNTY be liable for any such damage caused by other persons in or upon the leased Premises or caused by operation in construction of any private, public or quasi-public works; nor shall the COUNTY be liable for any latent defects in the demised Premises. During the term of this Lease, the respective parties may carry such fire, liability and extended coverage for the benefit of both parties, with minimum limits of$100,000.00 - $300,000.00, and shall carry landlord-tenant standard fire and extended coverage insurance, in the maximum insurable value of the improvements upon the Premises. Allproceeds fromi therespectiveinsurance: policies other thant those required tol be carried  3    by the GEM & MINERAL SOCIETY OFFRANKLIN,N.C, (in the event ofloss) shall bej payable  to the owner thereof, without claim of or by the other party or its insurer.  11. Shouldi the GEM & MINERAL: SOCIETY OFFRANKLIN, N.C., fail toj pay the rent, as herein specified, or otherwise defaulti in its obligation sunder this Agreement, then andi in that event, the COUNTY shalll have the right to take immediate possession ofthe Premises, without prejudice to any and all other rights it may have to collectrent, or otherwise enforce thet terms and provisions  hereof.  12. At the end oft the term, the GEM & MINERAL SOCIETY OF FRANKLIN, N.C., shall return the Premises to the COUNTY, in as good a condition as when the GEM & MINERAL SOCIETY OFI FRANKLIN, N.C., took possession ofthe same, as improved and repaired pursuant  to the prior provisions hereof, ordinary wear and tear expected.  13.This Agreement shalll bet terminable at willl by either part, by the giving ofwritten notice  of the intention to terminate, at least sixty (60) days prior to the date oftermination. 14.. All notices required hereby shall be given by mail as follows:  As to the COUNTY:  County of Macon Attn: County Manager 5 West Main Street, Courthouse Annex Franklin, NC: 28734  As to the GEM & MINERAL SOCIETY OF FRANKLIN, N.C.:  Gem & Mineral Society of Franklin, N.C.  25 Phillips Street Franklin, NC: 28734  INTESTIMONY WHEREOF, the COUNTY: has caused these presents tol be signed ini its name by its Chairman, attested by its County Manager, Ex-Officio Clerk to the Board, and its corporate seal to bel hereunto affixed, allj pursuant to action authorized by its governing Board, and the GEM & MINERAL SOCIETY OF FRANKLIN, N.C., has caused these presents to be signed ini its corporate namel byits President, attested byi its Secretary, andi its corporationsealto! bel hereunto affixed, all pursuant to action of its Board of Directors, in duplicate originals, one of which is  retained by each oft the parties, the date and year first above written.  4    COUNTY OF MACON  By:  James Tate  Chairman, Board of Commissioners  ATTEST:  (CORPORATE SEAL)  Derek Roland, Clerk to the Board, Ex Officio  GEM & MINERAL SOCIETY OFI FRANKLIN, N.C., aNorth Carolina non-profit corporation  By:  President  ATTEST:  CORPORATESEAL)  Secretary  5    NORTH CAROLINA MACON COUNTY I  Notary) Publici for] MaronCounty,North  Carolina, certifyt that Derek Roland, personally came before mei this day and acknowledged that he ist the Clerk of the Board of Commissioners ofl Macon County and that by authority duly given and as the act ofMacon County, the foregoingi instrument was signed ini its name by the Chairman ofits Board of Commissioners, sealed with its seal and attested by himself its Clerk to the Board of  Commissioners.  Witness my hand and official seal, this the  day of  20  Notary Public  (OFFICIALSEAL)  Printed. Name ofNotary My Commission Expires:  NORTH CAROLINA MACON COUNTY I Carolina, certifyt that  Notary. Public forl Macon County,North personallyd came beforei met this day  and acknowledged that he (or she) is secretary of GEM AND MINERAL SOCIETY OF FRANKLIN,N.C,: aNorth Carolinai non-profit corporation, and that by authority duly given and as the act oft the corporation, the foregoing instrument was signed in its name by its president, sealed withi its corporate seal, and attested byl himself(Orhersel): as its secretary foregoing on behalfofthe  corporation.  Witness my hand and official seal, this the  day of  20  Notary Public  (OFFICIAL SEAL)  Printed. Name ofNotary My Commission Expires:  6    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: December 10, 2019 DEPARTMENT/AGENCY: N/A  SUBJECT MATTER: Cowee School Arts and Heritage Center  COMMENTS/RECOMMENDATION:  Cowee School Arts and Heritage Center lease renewal for the term of January 1, 2020- December 31, 2020. Also attached for consideration, a  resolution declaring this county owned property surplus.  Attachments Agenda Item 13B  X Yes  No        STATE OF NORTH CAROLINA COUNTY OF MACON  RESOLUTION OF THE MACON COUNTY BOARD OF COUNTY COMMISSIONERS DECLARING PROPERTY TO BE SURPLUS. AND APPROVING A ONE YEAR LEASE  OF THE SAME BY MACON COUNTY TO COWEE SCHOOL ARTS AND HERITAGE CENTER  THAT WHEREAS, Macon County owns certain realj property being described: in the Lease to Cowee School Arts and Heritage Center, a copy of which they attach hereto; and WHEREAS, Macon County does not presently have a use for the same; and  WHEREAS, Macon County desires to declare the same tol be surplus and authorize the entry ofthel Lease to Cowee School Arts and Heritage Center, a copy ofwhich is attached) hereto, for1 the  period of one year from January 1, 2020; and  WHEREAS, pursuant tol N.C. Gen. Stat. S 160A-272, Macon County is authorized to enter into the Leaset to Cowee School. Arts and Heritage Center, a copy ofwhich is attached hereto, upon  the passing of al Resolution authorizing the same.  NOW THEREFORE, upon Motion of Commissioner  seconded by Commissioner  and duly approved, be it  hereby resolved by the Macon County Board of County Commissioners as follows:  RESOLVED, that Macon County will notl have ai need for the realj property described in the Lease to Cowee School Arts and Heritage Center, a copy of which is attached hereto and incorporated herein by reference for and during the term ofs such lease and does hereby declare the  same to be surplus property; and  RESOLVED, that Macon County does hereby authorize the entry into the Lease to Cowee School Arts and Heritage Center, a copy of which is attached hereto and incorporated herein by reference, for the period of one year from. January 1, 2020, through the end ofDecember: 31, 2020;  and  RESOLVED, that Derek Roland, Macon County Manager, ish herebyauthorized: and directed toi filli ina anyblanks upon the same and execute said] Leaset to Cowee School Arts and] Heritage Center  on behalf ofl Macon County.  1    Adopted at the December 10, 2019, Regular Meeting of the Macon County Board of  Commissioners.  James Tate, Chairman  Macon County Board of County Commissioners  ATTEST:  Derek Roland, Macon County Manager and Clerk to the Board (Official Seal)  2    NORTH CAROLINA MACON COUNTY  LEASE TO COWEE SCHOOL ARTS. AND HERITAGE CENTER  FROM MACON COUNTY  This lease is made this 15 day of January, 2020, by and between MACON COUNTY, a body corporate and politic organized and existing under the laws of the State of North Carolina, hereinafter called the "Lessor," and COWEE SCHOOL ARTS AND HERITAGE CENTER, a North Carolina Non-Profit Corporation, located in Macon County, North Carolina, hereinafter  called the "Tenant."  WITNESSETH:  THAT WHERBAS, the State of] North Carolina by way of N.C. Gen. Stat. $ 160A-351 has established the following as policy for the State ofNorth Carolina concerning recreation: "The lack of adequate recreational programs and facilities is a menace to the morals, happiness, and welfare of the people of this State. Making available recreational opportunities for citizens of all ages is a subject of general interest and concern, and a function requiring appropriate action by both State and local government. The General Assembly therefore declares that the public good and the general welfare of the citizens of this State require adequate recreation programs, the creation, establishment, and operation of parks and recreation programs is a proper governmental function, and that it is the policy of North Carolina to forever encourage, foster, and provide these facilities and programs  for all ofits citizens."  ;and  WHEREAS, N.C. Gen. Stat. $ 160A-352 provides that "Recreation" means activities that are diversionary in character and aid in promoting entertainment, pleasure, relaxation, instruction, and other physical, mental and cultural development and leisure time experiences;  and  WHEREAS, pursuant to N.C. Gen. Stat. $ 153A-444, Macon County is authorized to WHEREAS, pursuant to N.C. Gen. Stat. $ 153A-449, Macon County is authorized to contract with and appropriate money to any person, association, or corporation, in order to carry out any public purpose that Macon County is authorized by law to engage in; and  establish parks and provide recreational programs; and  1    WHEREAS, there is a need for recreation opportunities in the Cowee area of Macon WHEREAS, Macon County, does own a building known as the Old Cowee School, located at 51 Cowee School Drive, Franklin, NC 28734 and being the lands described in the Deed dated January 9, 2013, from Macon County Board of Education to Macon County recorded in Book J-35, at Pages 2206 - 2207, in the Office of the Register of Deeds for Macon County,  County, North Carolina; and  North Carolina; and  WHEREAS, COWEE SCHOOL ARTS AND HERITAGE CENTER, a North Carolina Non-Profit Corporation, is willing to lease such real property in accordance with this Lease Agreement and as consideration for the same it is willing to agree with Macon County as provided for hereinafter that it will use such real property in part for public recreation" as that term is defined by N.C. Gen. Stat. $1 160A-352 and that it will provide recreational opportunities  to the general public at such location; and  WHEREAS Macon County does reserve the right to appropriate and provide funds to COWEE SCHOOL ARTS AND HERITAGE CENTER, a North Carolina Non-Profit Corporation, within its discretion and in accordance with the provisions of N.C. Gen. Stat. $ 153A-449 to further assist in carrying out the public purpose of providing recreation  opportunities to the general public upon such real property.  NOW THEREFORE, IN CONSIDERATION of and subject to the terms and conditions hereinafter set forth, the Lessor does hereby demise and let and the Tenant does hereby rent and hire from the Lessor, those certain premises (hereinafter referred to as the "Premises") and being (1) Premises. Being the Old Cowee School Property, located at 51 Cowee School Drive, Franklin, NC 28734 and being more particularly described as the lands described in the Deed dated January 9, 2013, from Macon County Board of Education to Macon County recorded in Book J-35, at Pages 2206 - 2207, in the Office of the Register of Deeds for Macon County, (2) Term. Subject to the terms below, this lease shall commence January 1, 2020, and shall (3) Rent. The rent payable by the COWEE SCHOOL ARTS AND HERITAGE CENTER, a  more particularly described as follows:  North Carolina.  continue for ai term expiring at the end of] December 31,2020. North Carolina Non-Profit Corporation, shall be as follows:  A. It shall as provided for hereinafter use a substantial part of such real property for public recreation" as that term is defined by N.C. Gen. Stat. $ 160A-352; B. Its shall as provided for hereinafter provide substantial recreational opportunities tot the general public at such location in the nature oft those which it has heretofore provided at such location and which are consistent with definition of "recreation"  2    as that term is defined in N.C. Gen. Stat, $ 160A-352;  C. Tenant agrees to make the Old Cowee School open and available to members of the general public during reasonable days and hours for "recreation" as that term is defined by N.C. Gen. Stat. $ 160A-352 for the period between January 1,2020, and the end of December 31, 2020, and its shall in fact provide substantial provide recreational opportunities to the general public at such location and during such  hours;  D. Tenant agrees to to perform its obligations hereunder in a nondiscriminatory fashion appropriate for public activity and there shall be no discrimination by Sublessee on the basis ofrace, sex, national origin, religion or otherwise; and E. COWEE SCHOOL ARTS AND HERITAGE CENTER, a North Carolina Non- Profit Corporation, shall account to Macon County for its uses of resources provided by Lessor to it and fori its uses of the leased premises in accordance with  paragraph 3 A, B and C above.  (4) Use of Premises. The leased premises shall only be used by Tenant for the operation of the COWEE SCHOOL ARTS AND HERITAGE CENTER, a North Carolina Non-Profit Corporation, consistent with the manner in which it has heretofore operated the same at such location and for also providing substantial recreational opportunities to the general public at such location in the nâture of those which it has heretofore provided at such location and consistent with definition of"recreation" as that term is defined in N.C. Gen. Stat, $ 160A-352. (5). No Assignment, but certain. Subleases allowed. This lease shall not be assigned by Tenant but Tenant may sublet rooms within the buildings located upon the leased premises for purposes consistent with the recreational use of premises allowed unto the Tenant under the terms of this Lease Agreement. Any subleases shall include provisions which read as follows:  A. E-Verification. Sublessee shall comply with the requirements of Article 2 of Chapter 64 ofthel North Carolina General Statutes. Further, if Sublessee utilizes a subcontractor, Sublessee shall require the subcontractor to comply with the requirements of. Article 2 of Chapter 64 ofthe General Statutes;  B. Sublessee agrees to fully cooperate with Sublessor in connection with Sublessor's contractual obligation under its Lease Agreement with Macon County as aforesaid to make the Old Cowee School open and available to members of the general public during reasonable days and hours for recreation as that term is defined by N.C. Gen. Stat. $ 160A-352 for the period between January 1, 2020, and the end of December 31, 2020, and it shall cooperate with Sublessor's efforts toj provide recreational opportunities to the general public at such location; and C. Sublessee acknowledges and agrees to fully cooperate with Sublessor in connection with Sublessor's obligation under its Lease Agreement with Macon  3    County as aforesaid to perform its obligations hereunder in a nondiscriminatory fashion appropriate for public activity and there shall be no discrimination by Sublessee on the basis ofr race, sex, national origin, religion or otherwise.  (6) Repairs and. Maintenance.  Lessor's sole maintenance and repair obligations of the Lease Premises shall be as  follows:  A. The roof, outside walls and other structural parts oft the building;  B. The parking lot, driveways, and sidewalks;  C. The sanitary sewer system, water pipes and other matters relating to plumbing;  D. The electrical wiring; and E. Thel heat and air conditioning.  Except as provided for hereinabove, Tenant shall be responsible for any and all other maintenance and repairs of the Sublease Premises. Tenant agrees to accept the premises in their present condition and to maintain the interior components of the portion of the premises leased to Tenant in a good state of repair during the term of this lease not set forth as part of the Lessor's obligations hereinabove. At termination, Tenant shall surrender the premises to the Lessor in as good condition as they now are, except for ordinary wear and tear incident to the use (7)Abatement of Nuisances and Appearance. Tenant shall comply with all laws, rules and regulations of any governmental jurisdiction applicable to the leased premises and shall take all measures necessary to prevent or abate nuisances or other grievances arising out of the manner of the occupancy of the premises for its business purposes. Tenant shall further maintain the appearance of the premises in manner that is aesthetically pleasing and consistent with other business users in the neighborhood and shall not accumulate trash or debris nor display  ofthe premises.  merchandise on the premises.  (8)Utilities. Lessor will provide utilities for the leased premises.  (9)Alterations. Tenant shall not make any alterations, additions or improvements to the premises without first obtaining written permission from the Lessor and any such alterations, additions or improvements which are permitted shall inure to the benefit oft the Lessor upon expiration of the 10ndemmfication. Tenant shall indemnify Lessor and hold it harmless from and against any and all claims, actions, damages, liability and expense in connection with the loss of life, personal injury or damage to property occurring in or about, or arising out of, the leased  lease and surrender oft the premises by the Tenant,  4    premises, or occasioned wholly or in part by any act or omission of Tenant, its agents, licensees, concessionaires, customers or employees. In the event Lessor shall be made a party to any litigation, commenced by or against Tenant, its agents, licensees, concessionaires, customers or employees, then Tenant shall protect and hold Lessor harmless and shall pay all costs, expenses and reasonable attorneys' fees included or paid byl Lessor in connection with such litigation. Environmenta Matters. With respect to any pollutants, contaminants, chemicals, or industrial, toxic or hazardous substance or material defined as such in, or for purposes of, all applicable environmental laws, rules, regulations and ordinances now or hereafter in effect ("Environmental Laws"), including without limitation, any waste constituents coming within the definition or list of hazardous substances in 40 C.F.R. SS 261.1 through 261.33 ("Hazardous Material"), the Tenant represents, warrants and covenants that it will indemnify and hold Lessor harmless from and against any and all losses, liabilities, damages, injuries, interest, deficiencies, fines, penalties, costs, expenses, attorneys' fees, disbursements, and costs of investigation and clean-up, including without limitation, claims, suits, and proceedings by federal, state, or local government authorities with respect to, or as a direct or indirect result of (i) the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission, discharging or releasing from, the property of any Hazardous Material, if such occurs during the term of the lease, (ii) any other environmental pollution, including without limitation, any contaminant, waste, irritant or pollutant, discharged into or otherwise contained in the environment at or adjacent to the property if such occurs during the term of the lease, (ii) non-compliance relating to the Tenant's business or the property with any Environmental Law or any other federal, state or local statute, law, ordinance, rule, regulation, order or decree, or (iv) the inaccuracy, misrepresentation or violation or default of or under any matter set forth in this section unless any such loss, liability, damage, injury or the like is directly caused by negligent acts of the Lessor. In addition, the Tenant shall at all times keep on file with the Macon County Fire Marshall a list of any of the materials, substances, or chemicals described in this paragraph and stored or kept on the leased (12)Incidents of Default. Each and every term of this lease is a material part of this lease and continuation of the lease is conditioned on the parties' adherence to its terms. The breach or threatened breach of any of the lease terms by the Tenant shall be deemed an incident of default. A declaration of insolvency or the filing of a petition of bankruptcy by the Tenant shall also be deemed an incident of default. In the event Tenant defaults as defined in this paragraph, Lessor may declare the lease terminated and retake possession of the premises upon allowing Tenant a reasonable time to vacate the premises and remove its personal property: from the premises. (3)E-Verfcation. Tenant shall comply with the requirements of Article 2 of Chapter 64 oft the North Carolina General Statutes. Further, if Tenant enters into one or more subleases, Tenant shall require the sublessee(s) to comply with the requirements of Article 2 of Chapter 64 of the  premises.  General Statutes.  In testimony whereof, the parties have signed this lease on the date first written above in  duplicate originals, one ofwhichi is retained by each oft the parties.  5    COUNTY OF MACON  By:  Macon County Manager  COWEE SCHOOL ARTS AND HERITAGE CENTER, a  North Carolina Non-Profit Corporation  By:  Authorized Representative  PRE-AUDIT CERTIFICATE  This instrument has been pre-audited in the manner required by the Local Government  Budget and Fiscal Control. Act. This the dayof_  2019.  Macon County Finance Officer  6    STATE OF NORTH CAROLINA COUNTY OF MACON  SUBLEASE AGREEMENT WITH  COWEE SCHOOL ARTS AND HERITAGE CENTER  THISSUBLEASEAGREEMENTisI made ande enteredi intoe efiahelmmyl,20lym4 between Cowee School. Arts and Heritage Center, aNorth Carolinal Non-ProftComporation, located in Macon County, North Carolina, hereinafter referred to as "Sublessor" and  hereinafter referred to as "Sublessee";  WITNESSETH:  THATMIEREASSabisorddemermbaleas Agreement with] Macon County, ,aNorth Carolina County and body politic for the lands and improvements known as the "Old Cowee School", located in the Cowee Township of Macon County, North Carolina, and being more particularly described ini the Deed dated. January 9,2013, from Macon County Board ofEducation tol Macon County recorded in BookJ-35, at Pages 2206-2207, int the Officeofthel Register ofDeeds  for Macon County, North Carolina; and  WHEREAS, Sublessor operates the Cowee School Arts and Heritage Center, a North Carolina Non-Profit Corporation, located in Macon County, North Carolina, upon said lands  described hereinabove; and  WHEREAS, pursuant to the terms of such Lease Agreement, Sublessor has the right to WHEREAS, Landlord desires to sublease room space to Sublessee and Sublessee desires to NOW THEREFORE, IN CONSIDERATION OF the sublease payments from Sublessee to Sublessor as provided for herein, Sublessor does sublease unto Sublessee and Sublessee does sublease from Sublessor thei following Sublease Premises upon the following terms and conditions:  sublease room space upon said lands described hereinabove; and  sublease from Sublessor certain room space upon said lands described hereinabove.  1.  Sublease Premises.  The Sublease Premises under this Sublease shalll be Room #  in the Cowee School  Arts and Heritage Center, a North Carolina Non-Profit Corporation located at 51 Cowee School Drive,F Frankim,NC28734, beingaportion ofthe lands describedi ini thel Deed datedJamuaty9,2013, from Macon County Board of] Education to Macon County recorded in Book J-35, at Pages 2206- 2207, in the Office of the Register of Deeds for Macon County, North Carolina.  1    2. Term.  Theterm ofthis Sublease shalll bei fom/amuayl,2020lhoughandimeluding December31, 2020. THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LESSOR MAY END THIS LEASE UPON 30 DAYS NOTICE TO TENANT  MITHOUTLEGAL CONSEQUENCE.  3.  Holdover.  Should Sublessee maintain possession oft the Sublease! Premises for any period aftert the end of the Term oft this Sublease, then Sublessee shall become a Sublessee at sufferance and shall pay  Sublessor for any holdover period at1 the monthly Sublease Payment rate.  4.  Lease Payment.  Sublessee shall make monthly Sublease payments to Sublessor as follows:  The: room sublease rate for the Sublease Premises is $  per month, payable on the  first day of each month during the' Term ofthis Sublease, with the first suchi monthlypayment being due and payable on Janmary1,2020. Sublease payments shall be made by Sublessee to Sublessor  at 51 Cowee School Drive, Franklin, NC 28734.  Tenant shall upon execution hereofalso] payt tol Landlorda a' "Security Deposit" int the amount  of$  the same being equal to one: month ofi rent hereunder.  5. Late Sublease Payments.  In the event that Sublessee fails to make a Sublease payment specified by this Sublease Agreement in at timely manner, Sublessee shall pay a late feei in the amount of1 10% ofthe required Sublease payment. However, nothing contained herein shall require Sublessor to reinstate this Sublease Agreement upon Sublessee's breach of the same for failing to make Sublease payments  required herein in at timely manner. Returned Checks.  6.  Int the event that Sublessee pays a Sublease payment by check and such check is returned for insufficient funds or because Sublessee did not have an account at thel bank upon which check was drawn, then Sublessor may, pursuant to N.C. Gen. Stat. $ 25-3-506, collect from Sublessee a processing fee of $25.00 and the fees authorized by N.C. Gen. Stat. $ 6-21.3(a).  7.  Possession of Sublease Premises.  Sublessees shalll be entitled toj possession ofthe Sublease! Premises ont the first dayofthe' Term  2    ofthis Sublease, ands shall yieldandr retumpossessiont to Sublessor on1 thel last day ofthe Term ofthis  Sublease. 8.  Use of Sublease Premises.  Sublessee may use the Sublease Premises only for the following purpose(s):  and no other purposes whatsoever.  9. Keys.  Sublessor shall provide Sublessee with the key code to the outside door to the building in which the Sublease Premises is located and al keyt to the room Sublessee subleased. Sublessee shall paya $25.00 deposit for such key ands shall forfeits such deposit unto Sublessor should Sublessee fail  to return such key to Sublessor at the end ofthe' Term oft this Sublease. 10. Remodeling and/or Structural Improvements.  Sublessee shall, at Sublessee's 's own expense, havet the obligation to conducta anyo construction orremodelingthat: mayber reasonab.yrequiredt tou uset the Subleasel Premises as specifedhereinabove and may do so] provided thati it first secures written permission from Sublessor fort the same, second thats such construction orremodeling doesi not in anywayl harm thel historical characterofthel building or otherwise undermine the structural character of thel building andt third that Sublessee shall ati the end of the Term oft this Sublease and upon request of Sublessor restore the Subleased Premises to substantially the same condition ofthe Subleased Premises at the commencement oft this Sublease. Notwithstanding anything to the contrary contained herein, Sublessor shall have the sole and absolute discretion to give or withhold permission for Sublessee's requested construction or  remodeling.  Any additions or improvements' to the Sublease Premises which are permitted by Sublessor shall, within thes sole discretion ofthe Sublessor, inure to1 thel benefitofthe Sublessorupone expiration  of the lease and surrender oft the premises by the Sublessor.  11. Maintenance and Repairs.  Sublessor's sole maintenance and repair obligations of the Sublease Premises shall be as  follows:  A. Theroof, outside walls and other structural parts oft the building;  B. The parking lot, driveways, and sidewalks;  C. The sanitary sewer system, water pipes and other matters relating to plumbing;  3    D. The electrical wiring; and E. The heat and air conditioning.  Except as provided for hereinabove, Sublessee shall be responsible for any and all other Sublessee agrees to and does hereby: accept the Sublease Premises int their present condition and agrees to: repair and maintain the interior components of the Sublease Premises in a good state  maintenance and repairs of the Sublease Premises.  ofrepair during the term of this Sublease. 12. Access by Sublessor to Sublease Premises.  Sublessor shall have the right to enter the Sublease Premises at reasonable times to make inspections, provide necessary services and/or show the unit to prospective buyers, mortgagees, subtenants or workers. Sublessor shall work with Sublessee regarding the same.  13. Utilities.  Sublessor shall be responsible for providing the utilities presently provided in connection  with the Sublease Premises. 14. Property Insurance.  Sublessor and Sublessee shall eachl ber responsible toi maintain appropriatei insurance: fort their respective interests int the! Sublease Premises and their respective properties located at or within the  Sublease Premises.  15. Dangerous Materials and Environmental Matters.  Sublessee shall not keep or have upon the Sublease Premises any article or thing which is dangerous, flammablet cor explosivei in chancterwhichmglitsalstantalyineras. the danger offire on the Sublease Premises or the Cowee School Arts and Heritage Center, a North Carolina Non- Profit Corporation, or that may be considered hazardous, unless prior written consent of the Sablessorisobtainedby: Sublesseea and Sublesse presentsunto: Sublessorp pooformsurancecovenge  satisfactory to Sublessor within its sole discretion.  With respect to any pollutants, contaminants, chemicals, or industrial, toxic or hazardous substance or material defined as suchi in, or forj purposes of, all applicablee environmental laws,rules, regulations and ordinances now or hereafter in effect ("Environmental Laws"), including without limitation, any waste constituents coming within the definition or list ofhazardous substances in 40 C.F.R. SS 261.1 through 261.33 ("Hazardous Material"), the Sublessee represents, warrants and covenants that it will indemnify and hold Sublessor harmless from and against any and all losses,  4    liabilities, damages, injuries, interest, deficiencies, fines, penalties, costs, expenses, attorneys' fees, disbursements, and costs ofinvestigation and clean-up, including without limitation, claims, suits, and proceedings by federal, state, orl local government authorities with respect to, or as a direct or indirect result of(i) the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission, discharging or releasing from, the property of any Hazardous Material, if such occurs during thet term ofthel lease, ()anyothere environmental pollution, including without limitation, any contaminant, waste, irritant or pollutant, discharged into or otherwise contained int the environment atora adjacent tot thej propervylfsuchoccurs: during thet term ofthel lease, Gi)soncomplamcerehaing to the Sublessee's business or thej property with any Environmental Law or any other federal, state or local statute, law, ordinance, rule, regulation, order or decree, or (iv) the inaccuracy, misrepresentation or violation or default of or under any matter set forth in this section unless any such loss, liability, damage, injury or the like is directly caused by negligent acts of the Sublessor. In addition, the Sublessor shall at all times keep on file with thel Macon County Fire Marshall a list of any of the materials, substances, or chemicals described in this paragraph and stored or kept on  the leased premises.  16. Destruction or Condemnation of Sublease Premises.  Ift the Sublease Premises are partially or totally destroyed in a manner which prevents the Sublessee from conducting Sublessee's use of the Leased Premises as contemplated by the parties int this Sublease, or ift the Subleased Premises are condemned, this Sublease shall terminate.  17. Default.  Each and every term oft this Sublease is a material part oft this Sublease and continuation of the Sublease is conditioned on the parties' adherence to its terms. The breach or threatened' breach ofany oft the Sublease terms by the Sublessee shall be deemed an incident ofdefault. A declaration ofi insolvency or the filing of a petition of bankruptcy by the Sublessee shall also be deemed an incident of default. In the event Sublessee defaults as defined in this paragraph, Sublessor may declare this Sublease terminated and retake possession of the premises upon allowing Tenant a reasonable time to vacate the premises and: removei its personal property from thej premises. Upon termination oft this Subleasel by Sublessor, the Sublessee shall immediatelys surrender, possession of the Sublease. Premises unto Sublessor.Nolwihsanddinganytemmination ofthis Sublease, Sublessee's  obligations hereunder shall survive. 18. Usability of Sublease Premises.  Sublessee has inspected the Sublease Premises and acknowledges and agrees that the same are in a reasonable and acceptable condition of usability for its intended uses and that Sublessor makes no warranties, express or implied, unto Sublessee regarding the usability, suitability or appropriateness of the Sublease Premises for the intended use of the Sublessee hereunder.  5    19. Assignment or Sub-Subletting.  Sublessee mayneither assign nor sublet any interest oft the Sublessee in and to the Sublease  Premises. 20. Notices.  Notices under this Sublease shall be deemed valid and given upon posting in the United States Postal Service, by First Class U.S. Mail, postage prepaid and addressed as follows:  For Sublessor: Cowee School Arts and Heritage Center 51 Cowee School Drive Franklin, NC 28734 For Sublessee:  Such addresses of either party may be changed from time to time by such partybyprovidingi notice  oft the same as set forthl hereinabove. 21. Entire Agreement and Amendments.  This Sublease contains the entire agreement of the parties hereto and there are no other promises or conditions in any other agreement whether written or oral. This Sublease may be  modified or amended only in writing duly executed by both parties hereto.  22. Severability.  If any part oft this Sublease shall be held to be invalid or unenforceable for any reason the  remaining provisions oft this Sublease shall continue to be valid and enforceable.  23. Cumulative Rights.  The rights oft the parties under this Sublease shall be cumulative and shall not be construed  as exclusive unless otherwise required by applicable law.  6    24. Indemnification.  Sublessee shall indemnify Sublessor and hold it harmless from and against any and all claims, actions, damages, liability and expense in connection with the loss oflife, personal injury ord damage to] propertyoccurringi inc orabout, orarisingo outo of, the Subleased. Premises, or occasioned wholly or in part by any act or omission of Sublessee its agents, licensees, concessionaires, customers or employees. Int the event Sublessor shall bei made a party to anyl litigation, commenced by or against Sublessee, its agents, licensees, concessionaires, customers or employees, then Sublessee shall protect and! hold Sublessorharmless: and shall paya all costs, expenses andreasonable attorneys' fees included or paid by Sublessor in connection with such litigation.  25. Abatement of Nuisances and Appearance.  Sublessee shall comply with alll laws, rulesandregulations. ofany governmental; jurisdiction applicablet tot the leased premises and shalli take all measures necessary toj prevent or abate nuisances or other grievances arising out of the manner of the occupancy of the premises for its business purposes. Sublessee shall further maintain the appearance of the premises in manner that is aesthetically pleasing and consistent with other business users at the Cowee School Arts and Heritage Center and shall not accumulate trash or debris on the Sublease Premises.  26. Security Deposit.  The Security Deposit shalll be held by Sublessor without liability for interest and as security for the performance by Sublessee of Sublessee's covenants and obligations under this Sublease, it being expressly understood that the Security Deposit shall not be considered an advance payment of rental or a measure of Sublessor's damages in case of default by Sublessee. Unless otherwise provided by mandatory non-waivable law or regulation, Sublessor may commingle the Security Deposit with Sublessor's other funds. Sublessor may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any arrearages ofrent ortosatislyanyothere covenant or obligationofSublesseeh hereunder. Followinga anysuch application ofthe Security. Deposit, Sublessee shall payt to Sublessor on demand the amount sO applied in order to restore the Securityl Deposit toi its original amount. IfSublessee is not in default att thet termination oft this Sublease, the balance oft the Security Deposit remaining after any such application shall be returned Iby Sublessorto! Sublessee. IfSublessor transfersi its interest int the Sublease! Premises during thet term ofthis Sublease, Sublessor mayassign the Securityl Deposit to thet transferee. and thereafter  shall have no further liability for the return of such Security Deposit.  27. Governing Law.  This Sublease shalll be construed: in accordance with thel laws oft the State ofNorth Carolina.  7    28. Miscellaneous Terms and Conditions.  A. Subleases of any portions of Cowee School Arts and Heritage Center, a North Carolina Non-Profit Corporation, are generally for one year, within the sole discretion ofthel Board: for Cowee School. Arts and Heritage Center,aNorth Carolina Non-PloftComporation, and mayl bei renewedu upon agreement ofthe parties ands such agreement may be withheld by Sublessor within its sole discretion;  B. Sublessee and its uses of the Sublease Premises shall at all times be subject to and shall comply with the overall rules and procedures of Cowee School Arts and Heritage Center, a North Carolina Non-Profit Corporation, then in effect and Sublessee acknowledges that Cowee School Arts and Heritage Center, a North Carolina Non-PloftComporation, has ther right to change, amend, addtoortake: away from such overall rules and procedures from time to time within its sole discretion; C. Sublessee: acknowledges: and agreest thati its use ofthe Sublease Premises shall reflect the overall mission ofthe Cowee School Arts and Heritage Center, al North Carolina D. Sublessee shall cause its Sublease Premises to be open to the general public atl least 16 hours per week during normal operating hours for the Cowee School Arts and Heritage Center, al North Carolina Non-Profit Corporation, and those hours shall be consistently scheduled. and appropriatelyposted for the benefit ofthe public and the Cowee School Arts and Heritage Center, al North Carolina Non-Profit Corporation; E. Sublessee shalll have the Sublease Premises open to the Public during all events of F. Sublessee agrees that it will make space in the Sublease Premises available to the Cowee School Arts and Heritage Center, al North Carolina Non-Profit Corporation, during Cowee School Arts and Heritage Center, a North Carolina Non-Profit Corporation, events including but not limited to Cowee Christmas, Folk Festival, G. Sublessee agrees that any change ini the decor ofthe Sublease Premises shall be first approved in writing by the Cowee School Arts and Heritage Center,, a North Carolina Non-Profit Corporation, located in Macon County, North Carolina, within  Non-Profit Corporation;  Cowee School Arts and Heritage Center;  Concerts and School Children Visits;  its sole discretion; and  H. Sublessee Agrees that upon vacating the Sublease Premises, that Sublessee shall restore the samet toi its original state unless otherwise authorized and agreed tol by the Board fort the Cowee School Arts and Heritage Center, al North Carolina Non-Profit  Corporation, located in Macon County, North Carolina;  8    I.  E-Verification. Sublessee shall comply with the requirements of Article 2 of Chapter 64 oft the North Carolina General Statutes. Further, if Sublessee utilizes a subcontractor, Sublessee shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 oft the General Statutes; Sublessee agrees to fully cooperate with Sublessor in connection with Sublessor's contractual obligation under its Lease Agreement with Macon County as aforesaid to make the Old Cowee School open and available to members oft the general public during reasonable days and hours forr recreation as that term is defined byl N.C. Gen. Stat. $ 160A-352 for thej period between January 1, 2020, and the end ofI December 31, 2020, and it shall cooperate with Sublessor's efforts to provide recreational  J.  opportunities to the general public at such location; and  K. Sublessee acknowledges and agrees to: fully cooperate with Sublessor in connection with Sublessor's obligation under its Lease Agreement with Macon County as aforesaid to perform its obligations hereunder in a nondiscriminatory fashion appropriate for public activity and there shall be no discrimination by Sublessee on  thel basis ofrace, sex, national origin, religion or otherwise.  Cowee School Arts and Heritage Center, a North  Carolina Non-Profit Corporation  By:  Duly authorized Representative of Cowee School Arts and Heritage Center, a North Carolina Non-Profit Corporation  Name By:  Representative Capacity:  9        MACON COUNTY BOARD OF COMMISSISSIONERS  AGENDA ITEM  MEETING DATE: December 10, 2019 DEPARTMENT/AGENCY: N/A  SUBJECT MATTER: POW/MIA Flag Request COMMENTS/RECOMMENDATION:  Leadership from the Vietnam Veterans of America Chapter 994 will request for the Board of Commissioners to place and fly the POW/MIA flag in unison below the United States Flag at the Macon County Courthouse 24/7  365 days per year, permanently.  Attachments Agenda Item 13C  Yes  X - No        MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: December 10, 2019 DEPARTMENT/AGENCY: N/A  SUBJECT MATTER: Mountain Area Transportation Services  COMMENTS/RECOMMENDATION:  A contract with Mountain Area Transportation Services (MATS) will be presented to the board for consideration. MATS is a third party transportation provider that upon contract execution will be begin assisting the Macon County Sheriff's Department with the transportation of Involuntary Commitment patients. A contract will be presented for  consideration at the meeting.  Attachments Agenda Item 13D  Yes X  No        MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: December 10, 2019  DEPARTMENT/AGENCY: Macon County Sheriff  SUBJECT MATTER: Courthouse Security "Sally Port" construction.  COMMENTS/RECOMMENDATION:  Sheriff Robert Holland will discuss the need to a construct, a "Sally Port" or secure portal for inmates entering and exiting the Macon County Courthouse. Further details will be provided by Sheriff Holland at the  meeting.  Attachments Agenda Item 13E  Yes X  No        MACON COUNTY BOARD OF COMMISSISSIONERS  AGENDA ITEM  MEETING DATE: December 10, 2019 DEPARTMENT/AGENCY: N/A SUBJECTMATTER: Consent Agenda COMMENTS/RECOMMENDATION:  14A. Minutes ofthe November 12, 2019 Regular meeting  14B. Budget Amendments # 117-1 122  14C. Tax Releases for November in the amount of $608.36  14D. Tax Office Monthly Report  Attachments Agenda Item 14A-14D  X Yes  No        MACON COUNTY BUDGET AMENDMENT AMENDMENT# FROM: Lindsay Leopard DEPARTMENT: Sheriff'sOffice  17  EXPLANATION: Move money to covert the cost of: 12 week K9 and Handler training coursei in  Pennsylvania, DESCRIPTION Travel Donations  ACCOUNT 114310-5 558901 113850-445800  INCREASE $17,500.00 $17,500.00  DEÇREASE  REQUESTED BY DEPARIMENTHEAD) E - -  RECOMMENDED! BY FINANCEOFFICE Alupintr  APPROVED BY COUNTY MANAGER ACTION BY BOARD OF COMMISSIONERS APPROVEDAND MIFREDONMIRNUTESDAITD  I2/10/19 muting  CLERK    MACON COUNTY. BUDGET AMENDMENT  Date:  11/19/2019  AMENDMENT; # DEPARTMENT: HEALTH repair invoices. Per Kim Camp.  118  EXPLANATION: Insurance settlement from. June/July claim for vaccine refrigerator losses, less deductible, used to pay  ACCOUNT 113839-485000 115145-555106  DESCRIPTION Insurance Settlement  INCREASE $ 1,065.00 $ 1,065.00  DECREASE  Communicable Disease/Contracted Services  REQUESTED. BY DEPARTMENTH HEAD RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNTY MANAGER ACTION BY BOARDOFCOMMISIONERS APPROVED. AND ENTERED ONI MINUTES DATED  Loolar  bwh Capastn  2le/s meehny  CLERK    MACON COUNTY BUDGET AMENDMENT  Date:  11/19/2019  AMENDMENT DEPARTMENT: HEALTH medicaid, population..  A9  EXPLANATION: Using Medicaid Cost Settlement funds to pay back reserves for CC4C, a program that serves the  ACCOUNT 113511-438551 115147-556011  DESCRIPTION Medicaid Cost Settlement Funds CC4C/Operating  INCREASE $ 8,734.00 $ 8,734.00  DECREASE  REQUESTED BY DEPARTMENT HEAD RECOMMENDBD BY FINANCE OFFICER APPROVED BY COUNTYMANAGER ACTION BY BOARD OF COMMISSIONERS APPROVED. AND ENTERED. ON MINUTES DATED  Laalae  Ehnwlpub  ho!9 meibng  CLERK    "MACON COUNTY BUDGET AMENDMENT  Date:  11/19/2019  AMENDMENT# DEPARTMENT: HEALTH  120  EXPLANATION: Using Medicaid Cost Settlement funds to cover the enrollment costs. for CCPN confract. This contract  ist to support our Medicaid Transformation efforts.  ACCOUNT 113511-438551 115111-555106  DESCRIPTION  INCREASE $ 2,500.00 $ 2,500.00  DECREASE  Medicaid Cost Settlement Funds Operatons/Contracted Services  7-1.  REQUESTED BY DEPARTMENT HEAD RECOMMENDEDI BYI FINANCE OFFICER APPROVED BY COUNTYI MANAGER  Cesianhr  Bulpekr  ACTION BY BOARD'OF COMMISSIONERS 12/0/19 mering  APPROVED. AND ENTERED. ONI MINUTES DATED  CLERK    MACON COUNTY BUDGET AMENDMENT  AMENDMENT # DEPARTMENT: HEALTH EXPLANATION:  ia!  Received new grant monies from Community Foundation of WNG.  Need to increase budget in expenditures and revenue.  ACCOUNT 115128-555113 113511-436016  DESCRIPTION  INCREASE  DECREASE  Community Foundation Expenses. Community Foundation of WNC  50,000 50,000  REQUESTED BY DEPARTMENTHEAD RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNTY MANAGER ACTION BY BOARD OF COMMISSIONERS APPROVED ANDI ENTEREDONI MINUTES DATED.  L  Hudptu  falolig muhng  CLERK    MACON COUNTY BUDGET AMENDMENT  Date:  11/25/2019  AMENDMENT # DEPARTMENT: HEALTH in year lof3.  123  EXPLANATION: New subaward monies being received. NC State University subaward #2019-0812-03 for $9935  ACCOUNT 113511-438562 115153-565029  DESCRIPTION Nutrition Education Nutrition Education/DPP  INCREASE $ 9,935.00 $ 9,935.00  DECREASE  REQUESTED. BY DEPARTMENTHEAD. RECOMMENDED BY FINANCE OFFICER APPROVED: BY COUNTY MANAGER  Comoleste  Bualpintw  ACTIONBYBOARDOF COMMISSIONERS /elloh merbng  APPROVED. ANDI ENTERED ON. MNUTESDATED  CLERK    & A e 0 o 88 e e o o o  R 8 3 88 8 > o o  o 688 00000 88888 8 00000 8888 88888 0o  o o  08 o 88 o > o o  e  88  8 e  8E  3  i.i. *                MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: December 10, 2019 DEPARTMENT/AGENCY: N/A SUBJECT MATTER: Appointments COMMENTSRECOMMENDATION: A. Macon County Health Board (2 Seats)  Attachments X Yes Agenda Item 15A  No        Derek Roland From: Sent: To: Cc: Subject: Importance:  Carmine Rocco crocco@maconncorg> Wednesday, December 4, 2019 12:39PM Derek CI Roland; Mike Decker Commissioner Paul Higdon; Melissa Bell Recommendations for Board of Health  High  The Board of Health at their November 26th meeting and after careful consideration reached consensus on recommendations for the 2 currently vacant seats on the Board of Health. There were several excellent applicants to consider and the Board appreciates the opportunity to provide their recommendations to the Commissioners.  The Board of Health recommends thet following: January 1, 2020 to December 31, 2023.  Dr. Foley would be appointed toi the General Public Member slot previously held by Gena Futral for a term of Ms. Gosia Tiger would be appointed, in lieu of an Optometrist previously held in 2016 by Dr. Frank Killian, asa General Public member allowed by NC General Statute 130A-35 (b). Ms. Tiger'st term would be. January 1, 2020 to December 31, 2023, unless a qualified Optometrist comes forward to serve on the Board of Health before the  end of Ms. Tiger'sterm.  Please let me knowi ift there are any questions. The original applications should be available through Mike Decker.  Thanks Carmine  Mr. Carmine F. Rocco, MS Interim Health Director Macon County Public Health 1830 Lakeside Drive Franklin, NC28734 Voice (828)349-2420 Fax (828)349-2501 malo.rocoemsomcars  ttp://www.maconncor/neatr-department.htm!  Macon Local Priorities' Video: ttps//VIdeo214.com/pay/H2hwwnsZ7B4UDLhPUXIYA/S/dark  North Carolina Publici Health  Accredited with Honors by the NCI Locai Health Department. Accreditation Board  1