Wlacon Counly  CON COL  CAR  MACON COUNTY BOARD OF COMMISSIONERS  APRIL 9, 2019 AGENDA  1. Call to order and welcome by Chairman Tate  2. Announcements 3. Moment of Silence 4. Pledge of Allegiance  5. Public Hearing(s) - 6 p.m. - Proposed names for new roads, to assign a range of road numbers in connection with the same, to consider requests for road name changes and to consider a change NOTE: Following the close of the public hearing, the board may take immediate action to amend the county's ordinance concerning  of range of numbers for certain roads  road names. 6. Public Comment Period 7. Additions to agenda  8. Adjustments to and approval of the agenda  9. eports/Presentations  A. School-based Health Center Grant Award - Carmine Rocco,  Interim Health Director  10.Old Business  A. Courthouse security project update = Sheriff Robert Holland B. Dog park project update - Seth Adams, Parks and Recreation  Director 11.New Business  A. County approval to partner on Interact communications venue Highlands Police Chief Bill Harrell and Simon Hyatt  MACON COUNTY COURTHOUSE, ANNEX PHONE: 828-349-2000  5WEST MAINS STREET  FRANKLIN, NORTH CAROLI INA2 28734  FAX: 828-349-2400    B. Consideration of resolutions and interlocal agreement regarding Satulah Radio Communications Site - Warren Cabe, Emergency C. Occupancy tax penalty waiver request from Michael and Kristin D. Resolution exempting engineering services for landfill leachate system improvements from general statute provisions - Chris Stahl, Solid Waste Director, and County Attorney E. Evaluation of convenience center attendant pay - Mr. Stahl 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 March 12, 2019 regular meeting and the March  Services Director, and County Attorney Koepenick - County Attorney  12.Consent Agenda - Attachment #12  Commissioners.  19, 2019 special called meeting B. Budget Amendments #174-180 C. Tax Releases for March interlocal agreement E. Monthly ad valorem tax report A. Library Board (one seat) 14.Closed session (if necessary) 5.Aqjourn/Recess  D. North Carolina Health Insurance Pool (NCHIP) resolution and  13.Appointments    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: April9,2019 DEPARTMENT/AGENCY: SUBJECT MATTER: matters  Governing Board/911 Addressing Public Hearing on road names and related  COMMENISRECOMMENDATION: Attached please find the following:  Acopy ofthe public notice for this hearing.  An amendment to the Macon County Road Naming and Numbering Exhibit A to the amendment, which lists the new roads and their respective range of road numbers, road name changes and range Angie Kinsland, the county's 911 Addressing Coordinator, will be at the meeting to provide additional details and to answer any questions. As per custom, the board can act to approve the ordinance amendment  System Ordinance.  changes for existing roads.  following the close ofthe public hearing.  Attachments 3 Yes Agenda Item 5A  No    PUBLIC NOTICE  NOTICE OF PUBLIC HEARING  Please take notice that the Macon County Board of County Commissioners will conduct a public hearing on Tuesday, April 9, 2019 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, pursuant to the provisions of N.C. Gen. Stat. $ 153A-239.1, to discuss proposed names for new roads in Macon County, North Carolina, and assign a range ofroad numbers in connection with the same, to consider requests for road name changes and to consider a change of range of The public is invited to attend this public hearing and the Macon County Board of County Commissioners will receive public comment upon the foregoing. Thereafter, it is anticipated that the Macon County Board of County Commissioners will adopt an amendment to its ordinance concerning road names in order to name such new roads and assign a range of road numbers in connection with the same, to establish new ranges for Any person with questions concerning this public hearing may contact the Macon County Addressing Office Monday - Friday between 8:00 A.M. and  numbers for certain roads.  some roads and to change names ofs some existing roads.  5:00 P.M., at (828)349-2547 This the 29th day ofMarch, 2019 Macon County Board of County Commissioners  1    APRILS 9,2019, AMENDMENT TO: MACON COUNTY ROADN NAMING AND NUMBERING SYSTEM ORDINANCE HERETOFORE CODIFIED AS  CHAPTER 14 OF THE MACON COUNTY CODE  WHEREAS, pursuant to Resolution ofthel Macon County Board ofCounty Commissioners, dulya adopted in Regular Session on the 6h day of August, 2001, and after public hearing thereon, Chapters 13 and 14 ofthel Macon County Code were amended by restating the same and codifying them as Chapter 14 of the Maçon County Code, the same being known as the Macon County Road  Naming and Numbering System Ordinance; and  WHEREAS, such Ordinance as originally adopted has been previously amended by WHEREAS, there are: additional newi roads located within the CountyofMacon, the names WHEREAS, there have been requests for road name changes within the County ofMacon; WHEREAS, a request has been made for new ranges ofi numbers for certain roads within WHEREAS, a public hearing concerning the naming oft the newi roads all within the County ofMacon: and not within any cityandt to assigna arange ofroad numbersi inc connection with thes same, to consider requests for road name changes in Macon County, and to consider a changes ofranges ofnumbers for certain roads within Macon County, was duly noticed and was duly held on the gth dayo of April, 2019, at 6:00o'clock, p.m., in accordance with the notice ofpublic hearing which was  Amendments; and  ofwhich were not included in said Ordinance; and  and  the County of Macon; and  posted and published as by lawj provided; and  WHEREAS, the County ofl Macon, pursuant to N.C. Gen. Stat. S 153A-239.1 may: name, rename or assign street numbers on any road within the County, and not within a City; and WHEREAS, the Macon County Board of Commissioners has determined that it will be in the best interests ofi its citizens and will improve their health and welfare, to amend the Ordinance heretofore adopted, as previously amended, as sct forth hereinafter by adding thereto the names of additional roads within the County of Macon and assigning ai range ofroad numbers in connection with the same, making road name changes for certain roads in the County ofMacon, and makinga  new range of numbers for certain roads within the County ofl Macon.  NOW,THEREFORE, BEIT ORDAINED by the Board of Commissioners ofthe Countyof  Macon, State of! North Carolina:    The Ordinance known as the Macon County Road Naming and Numbering System Ordinance, heretofore adopted and codified as Chapter 14 of the Macon County Code is hereby  further amended by: 1.  Adding: all ofthose new road names and by assigningarange ofroadi inumbers in connection with the same as appear on that Section of Exhibit A which is attached hereto and incorporated herein by refcrence, and which is entitled thereon, "New Roads and Range of Making changes oft the road names as the same appear on that Section of Exhibit A which isattached herctioandincorporatedi herein by reference, and which is entitled thereon, "Road Making a new and replacement range of road numbers for those certain roads as the same appear on that Section of Exhibit A which is attached hereto and incorporated herein by Except as sO amended, ther remainderofChapter. 14 ofthc Macon County Code: shall be and  Road Numbers";  2.  Name Changes"; and  3.  reference, and which is entitled thereon "Range Changes".  remain in full force and effect.  Upon Motion by Commissioner  ands secondedbyC Commissioner  thci foregoing Amendment tos saidOrdinancer was approvedattheA April  9,2019, Regular.Meetingo ofthel Macon County BondarCamyCmmisionen byunanimousv vote  and is thereforc enacted.  This the 9th day of April, 2019.  James Tate, Chairman, Macon County Board of Commissioners  ATTEST:  Derek Roland, Macon County Manager, Clerk to the Macon County Board ofCommissioners  (COUNTYS SEAL)  2    1 EMHIBIT A 11    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: April9,2019 DEPARTMENT/AGENCY:  Public Health  SUBJECT MATTER: School-based health grantaward  COMMENTS/RECOMMENDATION:  Interim Public Health Director Carmine Rocco will be at the meeting to discuss the award ofa a $150,000 Community Health Grant to Macon County  from the state Office of Rural Health.  Attachments Agenda Item 9A  Yes X No    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: April9,2019 DEPARTMENT/AGENCY:  Sheriff's  SUBJECT MATTER: Update on courthouse security  COMMENTSRECOMMENDATION: the ongoing courthouse security project.  Sheriff Robert Holland will provide the board with an update on the status of  Attachments Agenda Item 10A  Yes X No    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: April9,2019 DEPARTMENT/AGENCY:  Parks and Recreation  SUBJECT MATTER: Dog park project update COMMENTSRECOMMENDATION:  Seth Adams, Parks and Recreation Director, will provide the board with an  update.  Attachments Agenda Item 10B  Yes X No    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: April9,2019 DEPARTMENT/AGENCY:  Highlands Police Department  SUBJECT MATTER: Interlocal agreement COMMENIS/RECOMMENDATION:  Highlands Police Chief Bill Harrell has requested time on the agenda to discuss an interlocal agreement with the county that would allow the Highlands Police Department to access the county's Virtual Private Network (VPN) for criminal justice information purposes. Simon Hyatt, the county's Information Technology Network Administrator, is the county's liaison with the police department, per Chief Harrell. A copy of the proposed interlocal agreement, which has been forwarded to the County Attorney for his review, is attached for informational purposes. The term of the agreement would be  for two years.  Attachments Agenda Item 11A  1 Yes  No    STATE OF NORTH CAROLINA COUNTY OF MACON THIS AGREEMENT, made this  INTERLOCAL, AGREEMENT 2019, by and between the  day of  COUNTY OF MACON, a body politic and corporate of the State ofl North Carolina (hereinafter sometimes referred to as the "County") and the TOWN OF HIGHLANDS, a body politic and corporate of the State of North Carolina (hereinafter sometimes referred to as the "Town"):  WITNESSETH:  WHEREAS. General Statutes Section 160A-460 etseq. authorizes interlocal cooperation between units oflocal government in the joint exercise of powers as provided therein; and WHEREAS, the Town's Police Department require connections that meet Criminal Justice Information Systems (CJIS) Standards, are required by state law and will enable the Police Department to better ensure the health, safety and welfare of residents of the Town and  County; and  WHEREAS, the County has offered allow the Town to access certain County computer  services in order to ease and speed the Town's process oft making the said upgrades;  NOW THEREFORE, the parties hereto agree as follows:  I.  The County agrees:  A. To allow the Town's law enforcement personnel who hold appropriate certifications access to the County's Virtual Private Network (hereinafter referred to as the VPN), to connect to the County's CAD Mobile server, and to use such other services as is needed to meet CJIS standards and in accordance with such standards, during such days and at such times as are convenient to the County provided that Town at all times duly purchases and maintains at its sole expense B. To authorize its employees, officers and agents to provide such information and technical support as are necessary to allow the Town law enforcement personnel to utilize the County's CAD Mobile service, as described above. C.To perform any and all necessary upkeep and maintenance on equipment that is owned by the County. However, nothing in this Agreement shall be interpreted as requiring the County to perform or pay for any upkeep, maintenance, and/or  any and all appropriate license to access the same.  incidental repairs on any equipment that is owned by the Town.  II. The Town agrees:    A. To pay for any of its licensing costs to the vendor for software used by the Town in accordance with this Agreement. Nothing in this Agreement, however, shall be interpreted as requiring the Town to pay for any upkeep, maintenance, or incidental repairs to the County'se equipment and/or systems. B. Toj perform any and all necessary upkeep and maintenance on equipment that is owned by the Town. However, nothing in this Agreement shall be interpreted as requiring the Town to perform or pay for any upkeep, maintenance, and/or incidental repairs on any equipment that is owned by the .1 Toj purchase, have and maintain any and all licenses and approvals required or necessary in order to lawfully use County's VPN and CAD Mobile Serviçes. D.T That it will indemnify and hold harmless the County for any damages suffered by the County for Town's failure to comply with the terms of this Interlocal E. That its law enforcement personnel shall maintain the confidentiality of confidential information accessed by it, subject to the provisions ofthe Public Records Law oft the State ofNorth Carolina and appropriate Court Orders.  County.  Agreement.  III. Both parties agree:  A. This Agreement shall be limited to the use of such equipment, software and B. The County Manager and the Town Manager are authorized to administer this Agreement on behalf oft the County and the Town, respectively, as necessary, .The Town, in entering into this Agreement is acting as an independent contractor and is not an agent or joint venturer of the County in connection with this Agreement or in connection with any other agreement between the D. This Agreement shall be for a term oftwo (2)years from the date ofexecution hereof, Unless sooner terminated as provided herein, this Agreement shall be automatically renewed for successive periods of one (I)year. E. Notwithstanding the foregoing, this Agreement may be terminated upon ninety (90) days written notice by either party without legal consequence, said written notice to be delivered to the manager of the non-cancelling party. The  systems as are necessary to carry outi its intent.  Town and the County, express ori implied.    indemnity provisions set forth in II. 1 D. above shall survive any termination of F. The County and the Town may, from time to time, execute and deliver such amendments to this Agreement and such further instruments as may be required or desired for carrying out the expressed intention of this Agreement. G. County reserves the right to terminate at any time without liability any VPN connection which presents a threat or disruption to the operation of the system  this Interlocal Agreement or any: renewal of the same.  or the County network, as determined in its discretion.  IN WITNESS WHEREOF, the County and the Town have caused this contract to be executed in duplicate originals all as ofthe date and year first above written.  COUNTY OF MACON  By: Name  Title:  ATTEST:  TOWN OF HIGHLANDS  By: Name/Title:  ATTEST:    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: April9,2019  DEPARTMENT/AGENCY: Emergency Management  SUBJECT MATTER: communications site  Resolutions and interlocal agreement for  COMMENTSRECOMMENDATION:  The County Attorney has prepared documents regarding the cooperative arrangement between the Town ofH Highlands and Macon County with regard to radio communications opportunities for each on what is known locally as the Satulah Radio Communications Site owned by the town. He and Emergency Services Director Warren Cabe can provide additional details at the meeting. Copies of the separate resolutions for the town and the county are attached for the board's information, along with a copy of the interlocal  agreement.  Attachments - 3 Yes Agenda Item 11B  No    RESOLUTION CONCERNING APPROVAL OF THE ENTRY AND EXECUTION OF THE INTERLOCAL, AGREEMENT CONCERNING COOPERATION AND JOINT USE  OF THE SATOLAH RADIO COMMUNICATIONS SITE  THATWHEREAS, Macon County, NC, andTownofHighlands, NC, havei indicatedtoone another thate each desires to enteri into an Interlocal Agreement concerning cooperation: andj joint use  oft the Satulah Radio Communications Site; and  WHEREAS, an Interlocal Agreement concerning cooperation and joint use of the Satulah Radio Communications Site has beenj prepared for execution by Macon County, NC, and Town of Highlands, NC, and a copy oft the same is attached hereto and incorporated herein by reference as  ifmore fullys sct forth herein; and  WHEREAS, the Macon County Commissioners desire to by this Resolution authorize the enttyandexecution ofthis Interlocal Agrvementconcemingemingcooperationand joint use ofthe Satulah RadioCommunications: p-aassyses  asi ifmore fully set forth herein. scomdadbyCommisione,  NOW THEREFORE, upon motion of Commissioner  andapproved, beitherebyresolved  that:  1. The Macon County Board of Commissioners do hereby spccifically approve and authorize the entry and thee executionofthel Interlocal Agreement concemingcooperationa andj joint use of the Satulah Radio Communications Site, a copy of which is attached hereto and 2. That the Macon County BoardofCommisioners speciicallyauthorize the Chairmanofthe Macon County BoardofCommisioner: and the Clerk to thel Board to execute thel Interlocal APestcoromigeeprten andj joint use ofthe Satulahl RadioCommunications Site, a copy ofwhich is attached hercto andi incorporated herein by reference as ifmore fully sct 3. That this Resolution and the Attachment hereto shall be included in and spread upon the  incorporated herein by reference as ifmore fully set forth herein; and  forth herein;  minutes oft the Meeting at which this Resolution is approved.  Read and approved by vote oft those members in attendance, and adopted, in this April  2019, Meeting of the Macon County Board ofCommissioners.    Chairman, Macon County Board ofCommissioners  ATTEST:  Clerk to Macon County Board of Commissioners  (County Seal)  2    RESOLUTION CONCERNING APPROVAL OF THE ENTRY AND EXECUTION OF THE INTERLOCAL, AGREEMENT CONCERNING COOPERATION AND. JOINT USE  OF THE SATULAH RADIO COMMUNICATIONS SITE  THATWHEREAS, Macon County, NC, and' Towno ofHighlands, NC, havei indicatedi to one another thate each desires to enteri into anl Interlocal Agreement concerning cooperation andj joint use  ofthe Satulah Radio Communications Site; and  WHEREAS, an Interlocal Agreement concerning cooperation and joint use of the Satulah Radio Communications Site has been prepared for execution by Macon County, NC, and Town of Highlands, NC, and a copy oft the same is attached hereto and incorporated herein by reference as  ifmore fully set forth herein; and  WHEREAS, the Town ofHighlands Commissioners desire to by this Resolution authorize the entry and execution of this Interlocal Agreement concerning cooperation and joint use oft the Satulah Radio Communications Site,acopy ofwhichi isa attachedhereto: and incorporated herein by  reference as ifmore fully set forth herein.  NOW THEREFORE, upon motion of Commissioner  econddbyCommisione,  andapproved, beitherebyresolved  that:  1. The Town of Highlands Board of Commissioners do hereby specifically approve and authorize thee entryandt thee executionofthel Interlocal Agreemento concemingcoopenitionand joint use ofthe Satulah Radio Communications Site, a copyofwhichi is attached hereto and  incorporated herein by reference as ifmore fully set forth herein; and  2. That the Town of Highlands Board of Commissioners specifically authorize the Mayor of the Town ofHighlands and the Clerk for the Town of Highlands to cxecute the Interlocal AEenstcecmigeepitn andj joint use ofthe! SamanaiCommumialions Site, acopy ofwhich is attached hereto andi incorporated herein by reference as ifmore fully set 3. That this Resolution and the Attachment hercto shall be included in and spread upon the  forth herein;  minutes oft the Meeting at which this Resolution is approved.  Read and approved by vote ofthose members in attendance, and adopted, in this April  2019, Meeting of the Town of Highlands Board ofCommissioners.    Mayor, Town ofHighlands  ATTEST:  Town of Highlands Clerk (Town Seal)  2    STATE OF NORTH CAROLINA COUNTY OF MACON  INTERLOCAL AGREEMENT day of April, 2019, by and between the COUNTY  THIS AGREEMENT, made this  OFMACON, al North Carolina Countyand body politic and corporatec ofthe State ofNorth Carolina lhereinafersometimesr referredtoas" "County")a andi the" TOWNOFI HIGHLANDS, ,aNorth Carolina Town: and body politic and corporate ofthe State ofNorth Carolina nereinattersometimes referred  to as "Town"):  WITNESSETH:  WHEREAS, CoumtyandTownhavei foramumborofyears been cooperating with one: another top provide forr radio communications: opportunities for each at what has been known as the Satulah Radio Communications Site owned byTown! locatedon Satulahl Mountaini in the TownofHighlands located at 439 Worley Road, Highlands, NC 28741, said site being more particularly described as the lands described in the Deed recorded in the Office ofthc RegisterofDeeds for Macon County,  North Carolina in Book X-15, at Page 161; and Radio Communications Site is located; and  WHEREAS, Town hasl heretoloreprovided thet use ofther real estate upon which said Satulah WHEREAS, County has heretofore provided the Radio Communications Tower, its radio equipment and related equipment and the Building which are all owned by County and which are  located upon said Satulah Radio Communications Site; and  WHEREAS, County and' Town havel both found such cooerativearangement to bel helpful WHEREAS, County and Town desire to continue to have a cooperative agrecment as hereinafter provided with one another to provide for radio communications opportunities for each at what has been known as thc Satulah Radio Communications Site owned by Town on Satulah Mountain in the Town ofH Highlands located at 439 Worley Road, Highlands, NC 28741, said site being more particularly described as the lands described in the Deed recorded in the Office of the Register ofl Deeds for Macon County, North Carolina in Book X-15, at Pagc 161 ; and  and consistent with the best interest of each and the citizens and residents of each; and  WHEREAS, County and Town now desire to enter this Interlocal Agrcement as a novation tot take the place of any and/or all prior agreements concerning the two parties hereto regarding the joint use oft the Satulah Radio Communications Site owned by Town on Satulah Mountain ini the Town of Highlands located at 439 Worley Road, Highlands, NC 28741, said site being more particularly described as the lands described in the Deed recorded in the Office of the Register of  Deeds for Macon County, North Carolina in Book X-15, at Page 161.    NOW THEREFORE, the parties hereto agree as follows:  I. Purpose of Agreement:  Thej purpose ofthis Agreement is for County and' Town to have a cooperative agreement as hereinafter provided with one another top provide forradio communications opportunities: for each at what has been known as the Satulah Radio Communications Site owned by' Townon Satulah Mountain in the Town of Highlands located at 439 Worley Road, Highlands, NC 28741, said site being more particularly described as the lands described in the Deed recordedi ini thc Office oft the Register of Deeds for Macon County, North Carolina in Book X-15, at Page 161, and to spell out the rights and obligations of each party hereto in  connection with the same. II. Duration of Agreement:  The duration of this Agreement shall be for a term of twenty (20) years from the date of  execution hereof.  III. Manner of appointing the personnel necessary to the execution oft the undertaking:  County will appoint and pay for and provide all of its personnel necessary to perform its obligations as specified by this Agreement. Town will appoint and pay for and provide all ofits personnel nccessary to perform its obligations as specified by this Agreement. IV. Method of financing the undertaking, including the apportionment of costs and revenues: County will pay for and provide all of its personnel, travel, materials and cquipment necessary to perform its obligations as specified by this Agreement. Town will pay for and provide all of its personnel, travel, materials and equipment necessary to perform its  obligations as specified by this Agreement. V. Methods ofamending the. Agreement:  The Parties hereto may, from time to time, execute and deliver such written amendments to this Agreement and such further instruments as may be required or desired for carrying out  the expressed intention ofthis Agrecment. VI. Mcthods for terminating the. Agreement:  This Agreement may be terminated by the written mutual agreement ofboth parties hereto.  2    VII. Town agrees for and during the term ofthis Interlocal Agreement:  A. To provide for the joint use ofeach party hereto of what has been known as the Satulah Radio Communications Sitc owned by Town on Satulah Mountain in the Town of Highlands located at 439 Worlcy Road, Highlands, NC 28741, said site being more particularly described as the lands described in the Deed recorded in the Office of the RegisterofDeedsi for Macon County, North Carolina inl Book X-15, atl Page 161,inorder toj provide for radio communications opportunities for each party hereto and at no cost B. Town shall allow County to continue to locate and maintain the County's Radio Communication Tower and its Building which are presently located upon said Satulah Radio Communication Site in their present locations, as well as all of the equipment owned by County and whichi it presently has located upon said Radio Communications Tower, all ofthe equipment owned by County and which it presently has located within the County'sBuilding, and the County'sstandbyg generatorlocated: ats said Satulah Radio Communication Site. Town hereby acknowledges and agrees that such Radio Communication Tower, Building and equipment is ownedsolelybyCoumty. Town shall also allow County to locate and maintain liquid propane tanks which it leases upon said C. Town shall its sole cxpense repair, replace and/or maintain any ofits equipment that it presently hasl located ons said Radio Communications Towerandorwithin: said Building D. Town shall maintain the presently existing paved access road to said Radio Communication Site in such a manner as to allow radio maintenance vehicles 24 hour access to said Satulah Radio Communication Site for cmergency repairs, weather and  to County; and  Satulah Radio Communication Site; and  located upon said Satulah Radio Communication site; and  acts of God excepted.  VIII. County agrees for and during the term ofthis Interlocal Agreement:  A. County shall continue to locate and maintain the County's Radio Communications Tower and its Building which are presently located upon said Satulah Radio B. County shall allow the Town, at its sole expense, to locate, repair, maintain and/or replace its presently existing cquipment, in its present location, as located upon the County's Radio Communications Tower located at said Satulah Radio Communications Site as well as all of its presently cxisting equipment which it presently has located within the County's Building, in its present locations; and County shall maintain said Satulah Radio Communications Site sO that it will be frcc from trash and junk and otherwise maintained reasonably consistent with properties  Communication Site in their present locations; and  C.  3    adjacent to said Satulah Radio Communications: Site. Nothing herein shall constitute an requirement that County undertake any landscaping other than grass mowing; and D. County shall pay for all utilities provided to its Radio Communications Tower and E. County will provide Town with a key to its Building located on said Satulah Radio  Building located on said Satulah Radio Communication site; and Communications: site sO that it may access the same.  IX. Both parties agree for and during the term of this Interlocal Agreement:  A.  That said Satulah Radio Communications Site shall be jointly used by the parties hereto as a fixedrepeater site for emergency communications forl law, fire and EMS That in the future, any modifications made to, or additions of equipment to the existing Radio Communications Tower located on said Satulah Radio Communications Site shall be made only after the written mutual agrecment to the same by both parties hercto and the same shall be accomplished by amendments to this Interlocal Agreement. Further, the parties hereto specifically contemplate and agree that any: such modifications or additions must include a space oft ten (10): feet with typical wind loading for omni-directional or sector antennae for any use Town Each party hcreto shall, at its own expense, maintain, repair and/or replace the presently existing equipment owned by each which is located at the Satulah Radio  agencies serving the Highlands and Macon County areas; and  B.  deems useful; and  C.  Communications Site  X. E-Verification. avomsyaaN requirementsofArticle2ofChapter 64 of the North Carolina General Statutes. Further, if County and/or Town utilizes a subcontractor, County and/or Town shall require the subcontractor to comply with the IN WITNESS WHEREOF, County and Town have caused this contract to be executed in duplicate  requirements of Article 2 of Chapter 64 ofthc General Statutes.  originals all as of the date and ycar first above written.  4    COUNTY OF MACON  By: Name:  Title: Chairman oft the Macon County Board of  Commissioners.  ATTEST:  (Seal)  TOWN OF HIGHLANDS  By:  Name:  Title: Mayor oft the Town of Highlands  ATTEST:  (Seal)  5    PRE-AUDIT CERTIFICATE  This Instrument has been pre-audited: as required by the Local Budget and Fiscal Control Act.  This the  day of  2019.  Macon County Finance Officer  PRE-AUDIT CERTIFICATE  This Instrument has been pre-audited as required by the Local Budget and Fiscal Control Act.  This the  day of  2019.  Town ofl Highlands Finance Officer  6    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: April9,2019 DEPARTMENT/AGENCY:  Governing Board  SUBJECTN MATTER: Occupancy tax penalty waiver request  COMMENTSRECOMMENDATION:  Michael and Kristin Koepenick are requesting a waiver ofthe penalty arising from the occupancy tax, and the County Attorney and Finance Director will  have more information on this item at the meeting.  Attachments Agenda Item 11C  Yes XNo    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: April 9, 2019 DEPARTMENT/AGENCY:  Solid Waste  SUBJECT MATTER: Engineering services for leachate system  COMMENIS/RECOMMENDATION:  The County Attorney has prepared a resolution that would exempt the engineering services project for leachate system improvements at the landfill from the provisions of state statutes, as the estimated professional fee is less than $50,000. A copy of the resolution is attached for the board's consideration, and Solid Waste Director Chris Stahl will be at the meeting as  well.  Attachments Agenda Item 11D  Yes  No    RESOLUTION EXEMPTING ENGINEERING SERVICES PROJECT FOR LEACHATE SYSTEM IMPROVEMENISIN: CONNECTION WITH THE MACON COUNTY LANDFILL IN FRANKLIN, NORTH CAROLINA, FROMTHE PROVISIONS OF ARTICLE 3D OF CHAPTER1 143OF THE NORTH CAROLINA GENERALSTATUTES  WHEREAS, Article 3D of Chapter 143 of the North Carolina General Statutes establishes a general public policy regarding procurement of engineering services; and WHEREAS, North Carolina General Statutes Scction 143-64.32 provides:  "Units of local government or the North Carolina Department of Transportation may in writing exempt particular projects from the provisions of this Article in the case of proposed projects where an estimated professional fee is in the amount less than fifty thousand dollars  ($50,000)"; and  WHEREAS, Macon County is now in necd of engineering services for the proposed "Leachate System Improvements in connection with the Macon County Landfill in Franklin, NC" in connection with the work contemplated for such Leachate System Improvements by  Macon County; and  WHEREAS, the estimated professional engineering fees for the proposed "Leachate System Improvements in connection with the Macon County Landfill in Franklin, NC" in connection with the work contemplated for such Leachate System Improvements by Macon  County is in an amount less than fifty thousand ($50,000) dollars.  NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF MACON that the proposed engineering services project for the "Leachate System Improvements in connection with the Macon County Landfill in Franklin, NC" in connection with the work contcmplated for such Leachate System Improvements by Macon County is hereby exempted in writing from the provisions of Article 3D of Chapter 143 of North Carolina General Statutes pursuant to the provisions of N.C. Gen.  Stat. $143-64.31.  Adopted this gth day of April, 2019.  James Tate, Chairman  Macon County Board of Commissioners  ATTEST:  Clerk to the Board (SEAL)    MACON COUNTY BOARD OF COMMISSISSIONERS  AGENDA ITEM  MEETING DATE: April9,2019 DEPARTMENT/AGENCY:  Solid Waste  SUBJECT MATTER: Convenience center attendants  COMMENTS/RECOMMENDATION:  Following discussion with the board members earlier in the year, Mr. Stahl will present his evaluation of pay for the part-time employees who staff the  county'srecycling convenience centers.  Attachments Agenda Item 11E  Yes X No    MACON COUNTY BOARD OF COMMISSISSIONERS  AGENDA ITEM  MEETING DATE: April9, 2019  DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Consent Agenda  DEPARTMENT HEAD COMMENTS/RECOMMENDATION: A. Minutes Consideration oft the minutes from the March 12, 2019 regular meeting and the March 19, 2019 special called meeting, per. Attachment 12A.  B. C.  Finance - Consideration of budget amendments #174 through #180, per Tax releases - Consideration of tax releases for March 2019 in the amount of  Attachment 12B.  $38.04, per Attachment 12C.  D. North Carolina Health Insurance Pool (NCHIP) documents - Consideration ofa Resolution Authorizing Participation in the North Carolina Health Insurance Pool" plus an "Interlocal Agreement for a Group Self-Insurance Pool for Benefit  Risk Sharing,' - per. Attachment 12D(1)and 12D(2).  E. Ad valorem tax collection report - Attachment 12E (this item does not require  board approval).  COUNTY MANAGER'S COMMENTS/RECOMMENDATION:  Attachments  X Yes  No  Agenda Item 12 (A)(B)(O(D)and (E)    MACON COUNTY BOARD OF COMMISSIONERS  MARCH 12, 2019 MINUTES  Chairman Tate called the meeting to order at 6:02 p.m. and welcomed those in attendance. All Board Members, the County Manager, Finance Director, County Attorney, members of ANNOUNCEMENTS: Commissioner Shields announced that on March 30, 2019 there will bei two celebrations. The Vietnam Veterans of America Chapter 994 will hold a celebration oft the ending of the Vietnam War at the square at 11:00 a.m. and at 1:30 p.m. at the Memorial Methodist Church there will be ceremony for the dedication oft the 4.9 miles of Wayah Road to Colonel Tom McNish. Commissioner Gillespie informed thel board that the Planning Board took thel Doarlsrecommendations and they have aj plan inj place to start going outi in communities, beginning with Nantahala on March 21, 2019. The Planning Board will use the comprehensive plan as a basis for what they are doing. Chairman Tate announced that the Board of Health had adjourned their February meeting until tonight. The Board ofHealth is looking for a new health director for Macon County andi isi in the process ofinterviewing potential candidates for the position. Chairman of thel Board of Health, Melissa Bell, called their meeting to orderand the Board ofH Health went into closed session for the purpose ofc discussing a personnel matter under the provisions ofNCGS 143- 318.11(a)(6). Commissioner Gillespie asked the County Manager for an update on the comprehensive plan in regards to setting a date for a public hearing. After discussion the board would like to add the public hearing for the comprehensive plan to the. April agenda. MOMENT OF SILENCE: Chairman Tate asked those in attendance to all rise and observea PLEDGE' TOTHE FLAG: Led by Commissioner Higdon, the pledge to the flag was recited. PUBLIC COMMENT PERIOD: Sandra Swisheraddressed the board about areas of concern in Macon County. Ms. Swisher is concerned about the appearances of areas such as those on Highway 441 from the Georgial line to Franklin, scenic byway route 28, Lyle Downs Road, and Cowee Valley. She said there. are vacant buildings, closed motels, and overall clutter. Ms. Swisher told thel board that she plans on coming back next month to present them with a collage of pictures of what those areas lookl like. She thanked the ADDITIONS, ADJUSTMENTS TO. AND APPROVAL OF THE. AGENDA: Upon a motion by Commissioner Gillespie and seconded by Commissioner Shields, the board voted  thei news: media and interested citizens were present.  moment of silence.  board for their patience and for listening tol her.  unanimously to approve the agenda as adjusted, as follows: To remove item 10E, per the County Manager.  To add aj presentation of a resolution in recognition ofl Macon County Crawford Senior Center volunteers as new Item 9D, per the County Manager.  Minutes 03.12.19 Page1 1of8    Commissioner Higdon asked the County Managert tol have Chris Stahl, Director of Solid Waste, on the April agenda for discussion oft the salary issues for the Chairman Tate asked the County Manager to have Seth Adams, Recreation Director, on the April agenda regarding proceeding with the dog park. The County Attorneyinformed the board that there will be a need for a closed session for the purpose of consulting with the attorney to preserve the attorney/client privilege and further to establish or instruct the public body staff or negotiating agents concerning position to be taken on behalf oft the County in connection with aj prospective purchase ofr real property under NCGS 143-  convenience center. staff.  318.11(a)(3) and 143-318.11(a)(5).  SAFE ROUTES1 TOSCHOOL PROGRAM: Justin Setser, Town Planner, introduced Jackie Moore, Safe Routes to School Coordinator, to the board. Ms. Moore's position is grant funded and covers all the K-8 schools ini the eight western counties. The grant was funded from 2013-2019. There are ten regional coordinators that cover all 100 counties and focus onT non-nfrastructure strategies. However, with the program, it has led to infrastructure in many situations. Ms. Moore presented the board with a PowerPoint presentation highlighting the success oft the programs. The Nantahala students participated in a walk to school event, and all fourth grade students at East Franklin participated in a bike: safety program and received free helmets. Ms. Moore told the board that their goal is to keep the students safe, but to keep them active and fit. She showed data that supported active living by design changes students' behavior, and improves grades. Ms. Moore said that sustainability ofthe program is so important, and that Macon County is doing a greatj job having students participate in on-going programs. Ms. Moore said that the grant is no longer being funded. However, there is a new safe routes to school non-infrastructure transportation alternative grant ini the amount of $100,000 for three years that she is applying for that is an 80% federally funded with a 20% local match. Jackson County will most likely be the lead agency, and has already given a $5,000 match. Ms. Moore said she would like toi include four counties this time (Swain, Macon, Haywood, and Jackson). She said with only four counties in thej program she can do more and even expand into the middle schools. Ms. Moore said they are also looking at using this grant to build an advocacy for more active communities and continue working on the trials and greenways. Ms. Moore asked the board for a$ $5,000 per year for a three year commitment. Commissioner Beale asked Ms. Moore if the other counties have committed. Ms. Moore said that Jackson County and Swain County has, and they are working on Haywood County. Commissioner Beale asked what the timeline for applying for the grant is. She said that the grant application is due by March 29, 2019. Commissioner Beale asked ifthey needed the money then, orj just the commitment. Ms. Moore said they just need the commitment. Commissioner Shields made the motion to commit to the program and: show the funds in next year's budget. Commissioner Beale seconded the motion. Chairman Tate said he did not have a problem committing to the program, but before he could vote "yes" for this program he would like tol know that the Macon County School Board wants to see this program continue. Chairman Tate said that, inl his opinion, it was not the board's  Minutes 03.12.19 Page 2of8    responsibility to direct the School Board in what direction they should take for the students. Chairman Tate: said thatift the School Board was in favor of this, then he would be too. Commissioner Shields changed his motion to commit tot the program, contingent on the Macon County School Board's approval of the program, and show the funds in next year's budget. Commissioner Beale seconded that motion, and thel board approved  unanimously to approve.  NIKWASI INITIATIVE UPDATE: Barbara McCrae, co-chair of Nikwasi Initiative and vice- mayor of Franklin, presented thel board with a Nikwasi Initiative update. Ms. McCrae told the board that the County has helped establish the Initiative through contributions and through thei involvement ofN Mr. Tommy Jenkins, Economic Development Director. Ms. McCrae said that Mr. Jenkins' service reflects the economic development potential of proposed involvements to the mound area. Ms. McCrae gave the board a briefhistory of the mound. She stated that the citizens of Franklin and friends from across the country raised $1,200 in 1946 to purchase the mound and turned it over to the Town of Franklin forsafekeeping. The Town has maintained it for 76 years, but has never been in a financial position to do more than keep iti mowed and clean. She said through the efforts of Mainspring Conservation Trust, and through the partnership with the Eastern Band of Cherokee Indians, they are moving toward a new chapter for that section oftown. Mainspring has done, and will do brownfields work on the contaminated parcels. The Eastern Band has recently purchased the old Dan's Auto building, adjoining the mound, and they plan to convert it to a Visitors Center/Annex oft the Museum of Cherokee History. The Women's History Trail plans to place al large public sculpture for an area: near the river, and the' Town of Franklin, Macon County, and Duke Energy are working together to open a trail under the town bridges that will create a safe connection for the Greenway, with a pocket park in the space between the bridges. Ms. McCrae said that these efforts coincide with the Cherokee Heritage Trail thati is under development. On the trail there willl be an information kiosk near the mound that will tell the public about its history. Ms. McCrae thanked the board for being a part oft this Initiative, and for their help on everything they have done to help improve this area. Ms. McCrae pointed outhow much of an asset the Greenway ist to the County and that the efforts to highlight the mound and improve the area around it will only make it better. She said that the transfer oft the mound will create. an equal partnership with the Town and the Tribe, giving the Cherokee a parti in any future decisions concerning the mound. Ms. McCrae emphasized that they are not giving the mound away, instead they are: sharing it. Ms. McCrae said that she is proud that they are finally ready to put up: a "welcome" sign for our Native American neighbors, 200 years after they were: forced away. Ms. McCrae thanked thel board for being a part ofthis and said she would like to keep them updated as this proceeds. Commissioner Beale asked Ms. McCrae what the next steps were and she said that the Town's attorney is preparing a deed and the Town board will have to vote on it and sign it and then the Town and Eastern Band will have to work together and decide onl howi it will be maintained. Commissioner Higdon asked Ms. McRae ifthere has been any discussion in this Initiative about taking out the Lake Emory dam. She said that it has not been discussed, buti from her personal experience  she knows that the silt would be an issue. No: action was necessary.  Minutes 03.12.19 Page 3of8    PRESENTATION OF PROGRAM IMPACT REPORT FOR: 2018: Allen Durden, Director of Cooperative Extension, along with three of his extension staff, Carol Pitts, Joel Deal, and Julie Sawyer shared with thel board some of the highlights of their programs for 2018. Mr. Durden gave the board an update of Cooperative Exetension as a whole. He said thati in 2018, staffmembers conducted or participated in 209 meetings, workshops, demonstrations, lectures, and tours in the delivery of educational information to the citizens of Macon County. He said that 4,919 people attended 960 hours ofd classroom and field instruction. Mr. Durden said extension personnel in Macon County reported 20,977 face to face educational contacts. He: said that Macon County Cooperative Extension received $23,138 from supporters through donations, fundraisers, user fees, and in-kind donations. Volunteers assisted Cooperative Extension by giving 3,972 volunteer hours valued at $98,069, which is the equivalent of1.9 full-time employees. Mr. Durden said that in addition to being the County Extension Directorl he is also responsible for programming inl horticulture, both commercial and urban. Hel highlighted three programs to the board: the Master Gardener Program, Landscape Contractors Continuing Education Program, and Pesticide Disposal Day. Carol Pitts presented the board with an update on the Expanded Food and Nutrition Education Program (EFNEP). Ms. Pitts said that 95% of EFNEP participants improved dietary intake, 66% now) practice daily physical activity, 57% practice better food resource management, and 69%1 have improved their food safety habits. She thanked the board for continuing to allow her to work with the youth ofMacon County. She also briefly gave the board a 4-H youth development update. She said they have 13 clubs that they focus on now including shooting sports, livestock, small animals, sewing, chess, cooking, crafts, woodworking, and leadership. Ms. Pitts said they received $17,000 in community donations from businesses and individuals for youth enrichment. Joe Deal told thel board that 2018 was a good year for the livestock program. He highlighted programs such as Farm Safety Day, pesticide applicators continuing education, and youth livestock programs. Julie Sawyer gave the board an update on the Family and Consumer Science program. Ms. Sawyer said she focuses on food safety and nutrition and healthy lifestyle. She said that she offers NC Safe Plates certification and does home food preservation demonstrations. Ms. Sawyer said they started 2019 off on a really good note. She had an opportunity to partner with North Carolina Radon Program where she was able to distribute free radon test kits. Commissioner Beale said that Macon County has the strongest community development organization in the West. Commissioner Beale said that the Community Garden has also been a huge success. Commissioner Beale said that he feels that Cooperative Extension does not: always get the credit they deserve. Commissioner Gillespie thanked Mr. Durden and his staff for all that they do. No action was RESOLUTION IN RECOGNITION OF MACON COUNTY CRAWFORD SENIOR CENTER VOLUNTEERS: Jennifer Hollifield, Director of Senior Services, addressed the board to recognize all the work that the dedicated volunteers do for Senior Services. She said that the volunteers teach Zumba, assist with the community: resource center, play musicin the adult daycare, serve congregate meals, and deliverl hot meals to thel homebound. She said  necessary.  Minutes 03.12.19 Page 4 of8    that in 2018. alone, the volunteers donated 8,346 hours valued at over $206,000. She said that two oft the largest areas ofi impact were the congregate meals and home delivered meals. In 2018, volunteers served over 12,000 congregate meals and delivered 18,258 meals and smiles to 131 homebound seniors. Ms. Hollifield said that knowing how much the volunteers contribute, they would like to recognize their contributions with a resolution declaring April 7-13, 2019 as Macon County Volunteer Week. A copy oft the resolution is attached (Attachment: 1) and is hereby made a part of these minutes. Commissioner Beale proudly made the motion to adopt the resolution as presented. Commissioner Shields seconded the motion, and the board voted unanimously to approve. RENEWAL OF LEASE. AGREEMENT BETWEEN MACON COUNTY AND NCI DEPARTMENT OF COMMERCE FOR NC WORKS CAREER CENTER: The County Manager gave the board a copy oft the agreement that the County is currently under. He reminded the board that the County has been providing NC Works Career Center office space free of charge since the State stopped funding their rent in 2016. In 2017 the County entered into a two yearlease with the NC Department of Commerce and iti is now time fort thel lease to be renewed. The County Manager asked thel board to authorize him to execute a new two year lease with the NC Works Career Center. The County Attorney informed the board that! he had reviewed the proposed extension to the lease agreement and did not find any issues with it. A copy oft the lease agreement is attached (Attachment 2) andi is hereby made aj part oft these minutes. Commissioner Gillespie made the motion to approve the renewal oft thel lease agreement. Commissioner Higdon seconded the motion, and the board voted unanimously ASSUMPTION OF LEASE. AGREEMENT BETWEEN NORTH CAROLINA COMMUNITY CARE NETWORKS, INC. AND MACON COUNTY PUBLICHEALTH: The County Attorney informed thel board that he has prepared a recommended resolution and a new. lease. He said the board will need to authorize the County Manager to discontinue the present lease with Community Care ofWestern North Carolina and authorize the Chairman to enteri into al new lease with North Carolina Community Care Networks, Inc. The County Attorney said this will be a three month lease thatwill get the County through the remainder oft this fiscal year and he will come back to the board in June toj present an annual lease agreement. A copy oft the resolution is attached (Attachment: 3) and a copy oft thel lease is attached (Attachment 4) and both are hereby made aj part oft these minutes. Commissioner Gillespie made the motion to approve the resolution and thel lease agreement as presented. Commissioner Beale seconded the motion, and the board voted unanimously to approve. RESOLUTION CONFIRMING AND RATIFYING THE EXISTENCE OF THE MACON COUNTY COMMUNITY FUNDING POOL: The County Attorney told the board that years ago the Macon County Board of Commissioners saw the need for an advisory committee to assist in funding various community organizations that came before the board seeking some sort of an appropriation to aid and assist in their operations. At that time a Community Funding Pool Board was organized and that group. has since done a great service to the Board of Commissioners for Macon County in assisting in evaluating various proposals to receive  to approve.  Minutes 03.12.19 Page5of8    limited funds. The County. Attorney told the Board thatl heand the County Managerhave looked into the history oft this group and noticed that there have never been any bylaws for this organization. He: said they were given a task, but never: really given any direction on how to operate. The County Attorney said he has prepared a set ofl bylaws and a resolution that will basically acknowledge that board and confirm and ratify the board that has been appointed, and adopt a set of bylaws. A copy oft the resolution is attached (Attachment5) and the bylaws are attached (Attachment 6) and both are hereby made a part oft these minutes. Commissioner Shields stressed howi important the Community Funding Pool is forn non-profit organizations in our area. The County Manager pointed out that when the County Attorney was preparing this resolution and bylaws that he tried to mirror them as close as possible to how business is currently being conducted by the Community Funding Pool sO there should be a very smooth transition. Commissioner Shields made the motion to approve the adoption oft the resolution and bylaws as presented. Commissioner Beale OCCUPANCY TAX PENALTY WAIVER REQUEST FOR BETH! STRICKLAND: The County Attorney told thel board that under the Occupancy Tax Local Bill for Macon County, that the Commissioners are specifically authorized under that bill to look at: requests for waivers of penalties. The County Attorney said that if someone comes to the board and, for good cause, shows you that they really should not be penalized that the board has the authority to excuse that penalty. The County. Attorney said that Ms. Strickland resides in Gainesville, Georgia and could not attend the meeting, but has provided some information tol Lori Hall, Finance Director, and would like the board to use thati information when considering her penalty waiver. Ms. Hall told thel board that the told amount of Ms. Strickland's penalties is $1,101.92, of which $1,090 is penalties and $11.92 is interest. Ms. Hall said that Ms. Strickland has paid and is current on her taxes. Ms. Hall reminded the board that in the past they have waived the $10 per day penalty but have imposed the interest penalty. The Chairman said that this is a tough situation because you are penalizing the people that are trying to do the right thing, and he made the recommendation to do what the board has done in the past on waiving the penalties but enforcing the interest penalty. Commissioner Beale made the motion waive the $1,090 in penalties as allowed under the Occupancy Tax Local Bill for Macon County. Commissioner Gillespie seconded the motion, and the board LETTER IN SUPPORT OF THE SMOKY MOUNTAIN RELAY: The County Manager told the board that Sourwood Running, LLC is requesting acknowledgment and approval for the portion oft the Smoky Mountain Relay which will be held in a portion of Macon County on April 26-27,2019. The County Manager said that the North Carolina Department of Transportation is requesting that each Board of Commissioners for each county that the Smoky Mountain Relay will be held in acknowledge and approve the race. Commissioner Higdon made the motion to approve that a portion oft the Smoky Mountain Relay would be held in Macon County. Commissioner Shields seconded the motion, and thel board voted  seconded the motion, and thel board voted unanimously to approve.  voted unanimously to approve.  unanimously to approve.  Minutes 03.12.19 Page 6of8    ACKNOWLEDGMENT LETTER REQUEST FROM BURNINGTOWN-OTLA VOLUNTEER FIRE DEPARTMENT CONCERNING THEI PURCHASE OF 1998 FREIGHTLINER PUMPER/TANKER: Mike Yacks, Board Chairman Burningtown-lotta Volunteer Fire Department, told the board that they have submitted a request to the board for letters of approval tol be able to acquire an additional apparatus for their department. A copy oft the acknowledgment letteri is attached (Attachment 7) and is hereby made a part of these minutes. Mr. Yacks said they currently have eight trucks in the fleet. He said they do not have al backup pumper and that is what they are. looking toj purchase. Mr. Yacks said they found one in Clay County which is a sister truck to one that they purchased a couple years ago. He said that at $35,000 this truck is well within their budget. Mr. Yacks said that this will help lower their ISO rating. Commissioner Shields made a motion to approve as presented. Commissioner Beale seconded the motion. Chairman Tate said he wanted to reiterate what Warren Cabe, Emergency Management Director, said in an email and thanked them for doing this the correct way. The board voted unanimously to approve. CONSENT AGENDA: Commissioner Gillespie made a motion to approve the consent agenda. Commissioner Higdon seconded the motion, and thel board voted unanimously to approve the items on the consent agenda as follows: the minutes oft the February 12, 2019 regular meeting; budget amendment #157 for the Sheriff's Office to appropriate $1,296 from an insurance settlement (a copy of the amendment is attached - Attachment 8); the tax releases in amount of $1,637 for February 2019; a taxi refund request approval for Mike Davis per NCGS 105-381; monthly ad valorem tax collections report; and the Macon County APPOINTMENTS: Commissioner Beale made the motion to approve the reappointment of Bill Dyar to the Macon County Library Board. Commissioner Shields seconded the motion, CLOSED SESSION: Upon a motion by Commissioner Beale, seconded by Commissioner Shields, the board voted unanimously to go into closed session at 7:43 p.m. for the purpose of preserving the attorney/client privilege and toi instruct the staffand agents oft the County concerning the negotiation of possible acquisition oft real property under NCGS 143- 318.11(a)(3) and NCGS143318110)6). At 8:28 p.m., upon a motion by Commissioner Beale, seconded by Commissioner Shields, the board voted unanimously to come out of LAWSUIT: The County Attorney outlined the discussion that took place in closed session regarding the request by Macon County Sheriff's Office for assistance by the County under statutory law to commence al lawsuit dealing with some nuisance issues. He: said the case would be filed against three individuals; Randy Collins, William Stephen Sheppard, and Dusty Collins. The County Attorney said he would need authority to bring that lawsuit on behalf of the County and ultimately the County bringing it on behalf oft the State ofN North Carolina. The County Attorney said he would need the authority oft the County to be given to Derek Roland as the County Manager to verify the complaint that would be filed in court.  Board of Public Health proposed changes/additions.  and thel board voted unanimously to approve.  closed session and return to open session.  Minutes 03.12.19 Page7of8    Commissioner Beale, as the liaison ofthe Sheriff's Office on the recommendation oft the County Attorney and the Sheriff made the motion to approve the County proceedingas presented. Commissioner Shields seconded the motion, and thel board voted unanimously ADJOURN: With no other business, at 8:37 p.m., upon a motion by Commissioner Beale, seconded by Commissioner Shields, the board voted unanimously to adjourn.  toa approve.  Derek Roland Ex Officio Clerk to the Board  Jim Tate Board Chairman  Minutes 03.12.19 Page 8 of8    MACON COUNTY BOARD OF COMMISSIONERS  SPECIAL MEETING MARCH 19, 2019 MINUTES  Chairman Tate called the special meeting to order at 6 p.m. as noticed and welcomed those in attendance. All of the board members (with the exception of Commissioner Gillespie), the County Manager, Deputy Clerk, Finance Director and County Attorney were present. Also present were members of the news Melissa Bell, the chair of the Macon County Board of Health, called the health Chairman Tate stated that the purpose of the meeting was to hold a joint meeting with the Macon County Board of Health for the purpose of the board of health members consulting with the commissioners regarding the selection ofa The County Attorney recommended that the commissioners go into closed session under NCGS 143-318.11(a)3) to preserve the attorney-client privilege and also under NCGS 143-31811)0)5) to consider the qualifications, etc. of a Upon a motion duly made and seconded by its members, the Board of Health voted unanimously to go into closed session as recommended by the County Attorney. Upon a motion by Commissioner Beale, seconded by Commissioner Higdon, the commissioners voted 4-0 to go into closed session at 6:02 p.m. as recommended by the County Attorney. The County Attorney stated that no At 6:34 p.m., upon a motion by Commissioner Higdon, seconded by Commissioner Beale, the commissioners voted 4-0 to come out of closed session and return to open session, as did the Board of Health. No action was  media and members of the Macon County Board of Health.  board's meeting to order at 6 p.m.  new health director.  prospective public officer or employee.  action was anticipated.  taken.  Minutes 03.19.19 Page 1 of2    With no other business, at 6:37 p.m., upon a motion by Commissioner Beale, seconded by Commissioner Shields, the board voted unanimously to adjourn.  Derek Roland  Jim Tate Board Chairman  Ex Officio Clerk to the Board  Minutes 03.19.19 Page 2 of2    MACON COUNTY BUDGET AMENDMENT  March 13,2019  AMENDMENTE FROM: FINANCE DEPARIMENT: EXPLANATION: 11-5831-5675-26 11-3584-4389-22  J74  SOCIALSERVICES DESCRIPTION SHIPP SHIPP  Acifitiomatratiocation MIPPA Grant  INCREASE $2,175 $2,175  DECREASE  REQUESTED BY DEPARIMENTHEAD. A RECOMMENDED BY FINANCE OFFICER APPROVED! BY COUNTY MANAGER  2N AR    ACTION BY BOARD OF COMMISSIONERS 4/9l9 machlg  APPROVED AND ENTERED ON MINUTESI DATED  CLERK    MACONCOUNIYBUDGET AMENDMENT AMENDMENTA # FROM: LindsayLeopard DEPARTMENT: Sheriff'sOffice  175  EXPLANATION: Appropriate Safe Kids donations and K9 donations.  ACCOUNT 113850-445404 114310-556054 113850-4 445800 114310-556009 114310-556603  DESCRIPTION Macon Co Safe Kids Donations Macon Co Safe Kids Donations Uniforms  INCREASE $3,900.00 $3,900.00 $2,006.00 $598.00 $1,408.00  DECREASE  Property/Building Improvements  REQUESTED BY DEPARTMENIHEAD. noa  RECOMMENDEDBYF FINANCEOFFICER APPROVEDBY COUNTY MANAGER ACTION BY BOARD OF COMMISSIONERS APPROVED ANDI ENTERED ON MINUTES DATED  Gewnb.  4919muin  CLERK    MACON COUNTY BUDGET. AMENDMENT  AMENDMENT! # FROM: M.CHRIS STAHL DEPARTMENT: SOLID WASTE  17lo  (BALER REPAIR OF COMPUTER)  EXPLANATION: MOVING MONEY AS Al RESULT OF ANI INSURANCE SETTLEMENT  ACCOUNT 6038394 485000  DESCRIPTION  INCREASE 1po000  DECREASE  INSURANCESETIEMENT  604725569506 CAPITAL IMPRoVements 1000.00  REQUESTED BY DEPARTMENTH HEAD RECOMMENDED BY FINANCEOFFICER APPROVED BY COUNTY MANAGER  Flb  TA  Remdbee  ACTION BY BOARDO OF COMMISSIONERS 49k9 metins  APPROVED AND ENTERED ON MINUTES DATED  CLERK    Date:  3/27/2019  MACON COUNTY BUDGET. AMENDMENT DEPARTMENT: HBALTH/Animal Control EXPLANATION: Insurance proceeds received  AMENDMENT!  17  INCREASE $ 1,315.00 $ 315.00 $ 1,000.00  DECREASE  ACCOUNT 113839-485000 114380-556503 114380-552200  DESCRIPTION Insurance Settlements AC Vehicle Repairs & Maintenance Food & Provisions  REQUESTED BY DEPARTMENTHEAD RECOMMENDED BY FINANCEOFFICER APPROVED BY COUNTY MANAGER  Benoa  ACTIONJ BY BOARDOF COMMISSIONERS WlAmerty  APPROVED. AND) ENTERED ONMINUTESDATED  CLERK    MACON COUNTY BUDGET AMENDMENT  Date:  3/27/2019  AMENDMENT! DEPARTMENT: HEALTH  178  EXPLANATION: Highlands Police to PREpay for 61 Rabivert vaccines at $319 each  ACCOUNT 115145-565002 113511-438521  DESCRIPTION Disease Control Other Vaccines Communicable Disease Fees  INCREASE $ 1,914.00 $ 1,914.00  DECREASE  REQUESTEDBY DEPARTMENTHEAD RECOMMENDED BY EINANCEOFFICER APPROVED BY COUNTY MANAGER  boupon  ACTION BY BOARDOFC COMMISSIONERS 419/12 meeting  APPROVED. AND] ENTERED ON MINUTESDATED  CLERK    MACON COUNTY BUDGET AMENDMENT  Date:  4/1/2019  AMENDMENT; # DEPARTMENT: HEALTH the increase in Labcorp expenses.  179  EXPLANATION: Surplus Employee Health revenues will be used to supplement Lab Contracted Services to buffer  ACCOUNT 113511-438563 115148-555106  DESCRIPTION Employee Health Revenues Lab Contracted Services  INCREASE # 1,810,00 $ 1,810.00  DECREASE  REQUESTED BY DEPARTMENT HEAD RECOMMENDED BY FINANCEOFFICER APPROVED BY COUNTY MANAGER  Ceme Bier  ResinAaig  ACTION BY BOARDOF COMMISSIONERS Wa mehy  APPROVED AND ENTERED ON MINUTES DATED  CLERK    MACON COUNTY BUDGET AMENDMENT  Date:  4/1/2019  AMENDMENT # DEPARFMENT: HEALTH  18D  EXPLANATION: Received funding for startup expenses for ECU Telepsych Grant  ACCOUNT 113511-438549 115168-565008  DESCRIPTION ECU Telepsych Grant ECU Telepsych Grant  INCREASE $ 27,000.00 $ 27,000.00  DECREASE  REQUESTED BY DEPARIMENTHEAD Codbc  RECOMMENDED BY FINANCEOFFICER APPROVED BY COUNTY MANAGER  Xlnabaee  ACTION BY BOARD OF COMMISSIONERS 4/9119 APPROVED AND ENTERED ON MINUTES DATED  -  merhig  CLERK    SIATE  Macon County" Tax Office 5 West Main Street Franklin, NC 28734  Phone: (828)349-2149 Fax: (828)349-2564 mcdoel@maconneorg  TO: FROM: DATE: RE:  MACON COUNTY COMMISSIONERS Macon County Tax Office Teresa McDowell, Tax Collections Supervisor April 4,2019 Releases for March, 2019  Attached please find the report of releases for real estate for March, 2019. Please feel free  to contact me: ifyou should have any questions.  AMOUNT OF RELEASES:  $38.04    5 ai 10 B# : - o o 90 3 8 88  00  : 00 888888  : 00  a  a    RESOLUTION AUTHORIZING PARTICIPATION IN THE  NORTH CAROLINA HEALTH INSURANCE POOL  WHEREAS, North Carolina local governments, including any North Carolina county, city, or housing authority, may enter into contracts or agreements under Article 23 ofC Chapter 58 oft the North Carolina General Statutes (the "Local Government Risk Pool Act") to establish pools providing for life or accident and health insurance for their employees on a cooperative or  contract basis with one another;  WHEREAS, the North Carolina Health Insurance Pool (NCHIP) is aj pool providing for accident and health insurance for employees of North Carolina local governments in accordance  with the Local Government Risk Pool Act; and  WHEREAS, this local government wishes to become a member oft the NCHIP; NOW,THEREFORE, BEI ITI RESOLVED BY THE BOARD OF COMMISSIONERS  OF THE COUNTY OF MACON, as follows:  SECTION1 - As ofJuly 1, 2019, this local government will become al Member oft the North Carolina Health Insurance Pool (NCHIP), an intergovernmental cooperative toj pool health insurance risks with other North Carolina local governments. The terms and conditions of membership in NCHIP will be such terms and conditions as are imposed by the board oftrustees ofNCHIP and pursuant to the terms of applicable contracts and by-laws ofNCHIP, as such may  be amended from time to time.  SECTION2 - In accordance with N.C.G.S. $ 58-23-5(e), the County Manager ofthis local government, or such other officer, as shall be authorized, is directed to give notice (or cause notice to be given) to the North Carolina Commissioner of Insurance no later than June 1,2 2019,    in ai form prescribed by the Commissioner that this local government intends to participate in  NCHIP as ofJuly 1,2019.  SECTION3 -- The County Manage of this local government, or such other officer, as shall be authorized, is directed to execute any documents necessary to complete the membership  oft the local government in NCHIP.  SECTION4 - This Resolution shall be in full force and effect upon its passage,a approval  and publication inj pamphlet form, ifr required by law. PASSED this gth day of April, 2019.  AYES: NAYS: ABSENT:  Chairman oft the Board of Commissioners  ATTEST:  Clerk  2    INTERLOCALAGREEMENT FOR A GROUPS SELF-INSURANCEPOOL  FORI BENEFIT RISKSHARING  This Interlocal Agreement for a Group Self-Insurance Pool for Benefit Risk Sharing ("*Agreement"), made and entered into in duplicate originals this day of April 24, 2018 by and between all the parties who are. now, or may hereafter become, members oft the North Carolina Health Insurance Pool  (hereinafter' "Trust"):  WITNESSETH:  WHEREAS, certain municipalities and other units of local government of the State of North Carolina have agreed to pool the risks associated with the provision of benefits for their designated benefit plan participants (hereinafter "participants"): pursuant to, and to be governed by, the provisions of North Carolina General Statutes S 160A-460 et. seq. (Part 1 of Article 20 of Chapter 160A), S 153A-445, WHEREAS, the members of the Trust have agreed upon designation ofa Board of Trustees, in accordance with North Carolina General Statutes $ 58-23-10 and pursuant to Article V of the Bylaws of the North Carolina Health Insurance Pool dated as of the date hereof (the "Bylaws"), to direct the affairs of the Trust; to adopt rules, regulations, and policies, and maintain Bylaws for implementing and administering the Trust; and to pass upon the admissibility of future members ofthe Trust; and  and $ 58-23; and  WHEREAS, by this Agreement the Trust will undertake to discharge, solely from the assets of this Trust, by payment, any claims for benefits covered by the Trust's plan of insurance and benefits, which awards shall have been authorized by the rules of the Trust, and when claims are otherwise  determined tol be due as a result ofa court judgment or settlement agreement; and  WHEREAS, the members of the Trust agree to pay premiums and/or contributions based upon appropriate classifications, rates, loss experience, and other criteria adopted by the Board of Trustees in accordance with the Bylaws, out of a portion of which the Trust will establish and maintain ai fund for the payment oft the claims of participants of members, and further, that the members covenant and agree there will be no disbursements out of this fund by way of dividends or distribution of accumulated reserves to the respective members, except at the discretion of the Board of Trustees or as otherwise expressly  permitted by the Bylaws.  WHEREAS, the members oft the Trust, through action of their respective governing bodies, have NOW, THEREFORE, for and in consideration of the mutual covenants, promises, and obligations herein contained, which are given to and accepted by each member hereof to the other, the parties hereto SECTIONI. PURPOSE OF AGREEMENT; COMPOSITION OF BOARD OF TRUSTEES The purpose of the Trust established by the signatories hereto is to allow members to jointly provide health benefits, including but not limited to life, medical, accident, and other related insurance benefits, for their participants and to provide for the risk sharing associated therewith. To this end, the Trust shall be governed by a Board of Trustees which shall be elected and act in accordance with  elected to comply with the conditions oft this Agreement;  agree as follows:  Article Vofthe Bylaws.    SECTION II. TRUSTEES' POWERS, DUTIES, LIABILITY AND INDEMNITY  The Trustees shall have the following powers and duties, in addition to those set forth elsewhere  int this Agreement and in the Bylaws:  1. 2. 3. 4. 5. 6.  To establish guidelines for membership in the Trust;  To establish the terms and conditions of coverage, including underwriting criteria and  exclusions from coverage;  Toe ensure that all valid claims are promptly paid;  Tot take all necessary precautions to safeguard the assets oft the pool;  Maintain minutes ofi its meeting and make those minutes available to the Commissioner; To establish, operate, and enforce rules, regulations, policies, and bylaws as between the 7. To enter into agreements with such persons, firms, or corporations as it deems appropriate to adjust claims; promote membership in the Trust; provide actuarial and underwriting services; defend against claims and lawsuits; provide accounting services; effect stop-loss coverage in such aggregate and specific amounts as is deemed appropriate; invest the assets of the Trust; provide wellness services and other risk management services for the Trust and member units; maintain records and accounts; and provide any other service necessary or desirable for the sound operation ofthe Trust; To lease or rent real and personal property it deems to be necessary;  individual members oft the Trust and the Trust;  8. 9.  To borrow or raise monies for the purpose of the Trust and in the ordinary course of operation oft the Trust (or otherwise in accordance with North Carolina General Statutes $58-23-10(b)) to the extent that the Trustees shall deem desirable upon such terms and conditions as the Trustees in their absolute discretion may deem desirable or proper, and for any sum sO borrowed to issue their promissory note as Trustees and to secure the repayment thereof by pledging all or any part of the pool; and no person or entity lending money to the Trustees shall be bound to see to the application of the money lent or to inquire into the validity, expediency, or propriety ofany such borrowing; 10. To rate individually any member unit with rates different from the group rates when the loss experience of the unit warrants such individual rating, in the discretion of the 11. To take measures to maintain claim reserves equal to known incurred losses and loss adjustment expenses and to maintain an estimate ofincurred but not reported losses; and  Trustees;  12. To take all necessary precautions to safeguard the assets of the Trust.  The Trustees shall use ordinary care and reasonable diligence ini the exercise oft their powers and in the performance oftheir duties hereunder. The members agree that the Trustees shall not be liable for any mistake of judgment or other action made, taken, or omitted by any employee, agent, contractor, subcontractor, or independent contractor selected with ordinary care and reasonable diligence; nor for loss  2    incurred through investment ofTrust money or failure to invest. No Trustee shall be liable for any action taken or omitted by any other Trustee. The Trustees shall not be required to give a bond or other security The members of the Trust agree that, for the payment of any claim against the Trust or the performance ofa any obligation oft the pool hereunder, resort shall be had solely to the assets oft the Trust, and the Trustees shall not be liable therefor. Further, the Trust shall indemnify and hold harmless the Trustees against any and all claims, suits, actions, debts, damages, costs, charges, and expenses (including but not limited to court costs and attorneys' fees) and against all liability, losses, and damages of any nature whatever, that the Trustees shall or may at any time sustain, or be put to, by reason oft the exercise oft their power and in the performance of their duties hereunder, or by reason of any mistake ofj judgment or other action made, taken, or omitted by any employee, agent, contractor, subcontractor, or independent contractor, or forl loss incurred through investment ofTrust money or failure to invest.  tog guarantee the faithful performance oft their duties hereunder.  SECTION I.PAYMENT OF CLAIMS  The members of the Trust agree that, for the payment of any claim against the Trust or the performance of any obligation arising hereunder, resort shall be had solely to the assets of the Trust, and the Trustees shall not be liable therefor. Accordingly, lawful claims will be paid from the assets of the Trust pursuant to the types and levels of coverage established by the Board of Trustees. The Board of Trustees shall establish a schedule oft types and monetary levels of coverages for which the Trust shall be responsible on behalf of its members, including provisions for levels of coverage for which the members shall be individually responsible. Such types and levels of coverage may vary according to population classifications of members, mutual agreement oft the Trust and a member, or such other criteria as may be established by the Trustees. The types and level of coverage shall be shown on a plan of insurance and benefits provided to each member. The Trust shall pay all claims (less the applicable co-pays or CO- insurance) for which each member incurs liability during each member's period of membership except where a member has individually retained the risk or where the risk is not covered, and except for amount of claims above the coverage provided by the Trust. The schedule SO established may, from time to time, be amended by the Trustees (but not during any coverage period) to sustain the financial integrity of the  Trust or to reflect the desires oft the members as determined by the Trustees. SECTION IV.MUTUAL COVENANT OF RISK SHARING  The members intend this Agreement as a mutual covenant of risk sharing and not as a partnership. No member by reason of being a member of the Trust and contributing to the pool shall be liable to the Trust, to any other member, or to any claimant, except for the payment of the premiums and/or contributions provided for in its application for membership and joinder in this Trust and for any necessary additional assessments levied by the Trustees to offset a claims fund deficiency.  SECTION V. ADMINISTRATOR  The Executive Committee of the North Carolina Health Insurance Pool shall oversee day-to-day management of the Trust and shall have the authority to contract with third parties for provision of services to carry out the functions of the Trust. The Executive Committee may establish offices where necessary within the State of North Carolina and employ staff to carry out the Trust's purpose. The Executive Committee or its delegate shall deposit to the account oft the Trust at any financial institutionor financial institutions designated by the Trustees all premiums and/or contributions as collected and such monies shall be disbursed and/or invested only as provided by the rules, regulations, policies, and bylaws of the Trust. The Executive Committee may enter into financial services agreements with financial  institutions and issue checks int the name of the Trust.  3    SECTION VI.ADMISSION TO MEMBERSHIP; EXPULSION  All members oft the Trust hereby agree that the Trustees may admit as members of this Trust only the units of local government set forth in North Carolina General Statutes 160A-460 et seq. (Part 1 of Article 20 of Chapter 160A). The Board of Trustees or Executive Committee shall determine whether or not an applicant shall be admitted to membership, in accordance with. Article V ofthe Bylaws. Except as otherwise provided in Section VII(g) of this Agreement and in accordance with Article XVII of the Bylaws, a member may be expelled by the Trustees from the Trust only with the concurrence ofat least  two-thirds (2/3) oft the entire membership of the Board ofTrustees.  SECTION VII. RESPONSIBILITIES  RULES, REGULATIONS, POLICIES, AND BYLAWS; MEMBERS'  The rules, regulations, policies, and bylaws for the administering oft the Trust and the admission and expulsion of members shall be promulgated by the Board of Trustees. In addition, each member of  the Trust agrees as follows:  a) To make prompt payment of all premiums and/or contributions as required by the Board of Trustees pursuant to this Agreement, the Bylaws and any rules or policies of the Board of b) To (and they do hereby) appoint the Board of Trustees and the Executive Committee as its agent and attorney-in-fact, to act in its behalf and to execute all contracts, reports, waivers, agreements, stop-loss contracts, and service contracts; to make or arrange for payment of claims and all other things required or necessary, as covered by the terms of this Agreement and the rules, regulations, policies, and bylaws as now provided or as hereafter promulgated c) To permit the Trust to defend in the name of and on the behalf of the members any suits or other proceedings which may at any time be instituted against them for which the Trust may be obligated to make payment. It is agreed that the Trust shall make all final decisions regarding the legal defense of claims, and shall have absolute and conclusive authority with regard to defense, settlement, and payment of claims. It is agreed that the independent settlement or payment of any claim by or on behalf of a member without approval of the d) To cooperate in all respects with the Trust, the Board ofTrustees, the Executive Committee, and any contractors ofthe Trust in carrying out the purposes ofthis Agreement; e) To pay any assessment duly levied by the Board of Trustees under the terms of this Agreement. If a member cancels or withdraws from the Trust, the member shall pay its pro rata share ofa any assessment relating to the member's period ofenrollment; In the event of the payment of any loss by the Trust under this Agreement, the Trust shall be subrogated to the extent of such payment to all the rights oft the member against any person or other entity legally responsible for damages for such loss, and in such event the member g) Risk sharing by the Trust under the terms of this Agreement shall begin upon payment oft the premium and/or contributions by the member to the Trust. Risk sharing and insurance purchased from this Trust under the terms of this Agreement shall expire and be cancelled  Trustees adopted in accordance therewith;  by the Trustees;  Trust shall be grounds for expulsion oft the member from the Trust;  agrees to render all reasonable assistance to affect recovery;  4    automatically for nonpayment of premiums and/or contributions, and a member may be expelled from the Trust following the expiration ofa fifteen (15) day cure period and written notice by the Board of Trustees, the Executive Committee, or their designee delivered to the member in accordance with Section XVI oft this Agreement and Article XVII of the Bylaws specifying the date that cancellation shall be effective. In accordance with Article XIX ofthe Bylaws, no payment shall be required of the Trust as a result of any covered loss of a participant of the expelled member occurring after the date of expulsion; and h) Ino order that an adequate reserve may be maintained, the members further agree that the Board ofTrustees shall have the right to assess the members pro-rata in such amounts as will be sufficient to maintain at all times a minimum reserve, equal to at least twice the monthly premium and/or contributions for the insurance and benefits provided by the plan. Should a member fail to pay any assessment as provided for in this Section within thirty (30) days of the assessment date, all interest and claim ofs such defaulting member in and to the Trust shall  automatically cease.  SECTION VIII.  ALLOCATION OF MONIES  The Board of" Trustees is authorized to set aside from the contributions collected from members a reasonable sum for the operating and administrative expenses of the Trust. Monies in excess of those required to fulfill the purposes, costs, and other obligations of the Trust will be accumulated in the Trust or distributed to the members at the discretion ofa and in the manner provided by the Board ofTrustees. SECTION IX.FISCAL YEAR; CONTINUING CONTRACT; WITHDRAWALOF MEMBERS SUBJECTTO PROVISION OF 901 DAYS' WRITTEN NOTICE  The Trust shall operate on a fiscal year from 12:01 a.m., July Ist to midnight on June 30 oft the succeeding year (the "Trust Year"). Application for membership, when approved in writing by the Trustees or their designee, shall constitute a continuing contract for each succeeding Trust Year unless cancelled by the Board ofTrustees, or unless the member shall have resigned or withdrawn from the Trust by having written notice delivered to the Executive Committee or its designee on or before March 31 (i.e., the written notice must be delivered to the Chair of the Trust in accordance with Article XVIII of the SECTION X. MEMBERS BOUND BY. AGREEMENT; TERMINATION PERMITTED  Bylaws, at least ninety (90) days prior to the last day, June 30, of the Trust Year). ONLY ATI END OF FISCAL YEAR; FINAL ACCOUNTING  Any member who formally applies for membership in this Trust and is accepted by the Board of Trustees shall thereupon become a party to this Agreement and be bound by all of the terms and conditions hereof, and such application shall constitute a counterpart of this Agreement. Cancellation of the Agreement on the part of any member, or withdrawal from membership, shall be permitted only at the end of a fiscal or Trust Year except as specifically permitted by the Bylaws. A terminating member is  entitled to a final accounting when all incurred claims are concluded, settled, or paid. SECTION XI. EXTENT OF INSURANCE BENEFIT TO PARTICIPANTS  No participant of ai member or any person claiming by or through or under such participant shall have any right, title, or interest in or to the Trust or any part thereof: provided, however, that any participant who shall be actually covered by the policies of insurance of any person claiming by or through such participant shall, subject to the terms and conditions of the plan of insurance and benefits  5    under which the coverage is afforded, be entitled to the insurance benefits int the amount and to the extent  provided. SECTION XII. TERMINATION  INTENTION OF INDEFINITE OPERATION; RESERVATION OF  RIGHT TOTERMINATETRUST; REVERSION OF MONIES OR OTHER ASSETS UPON  This Trust has been established with the bona fide intention that it shall be continued in operation indefinitely and that the premiums and/or contributions to the pool shall continue for an indefinite period. However, the Board of Trustees reserves the right at any time to terminate the Trust by a written instrument to that effect executed by the Board of Trustees. In the event of such termination, member premiums and/or contributions (other than duly authorized assessments) shall cease as of the date of termination and the assets then remaining in the pool shall continue to be used and applied, to the extent  available, for the:  a) payment of benefits toj participants with respect to claims arising prior to such termination and administrative and other expenses and obligations arising prior to such termination; and b) payment of reasonable and necessary expenses incurred in such termination.  Any monies or other assets thereafter remaining in the pool shall revert to the members of the Trust as of the date of termination pro-rata to the annual premiums and/or contributions of said members paid in the year of termination. Upon such termination, the Board ofTrustees shall continue to serve for  such period oft time and to the extent necessary to effectuate termination oft the Trust.  SECTION XIII.  AMENDMENT OF AGREEMENT  This Agreement may be amended by the concurrence of at least two-thirds (2/3) of the entire membership of the Board of Trustees. Written notice of any amendment proposed for adoption by the Board ofTrustees shall be delivered to each member in accordance with Section XVI of this Agreement not less than 30 days in advance. Written notice ofamendments finally adopted by the Board of Trustees shall be delivered to each member in accordance with Section XVI of this Agreement not more than 30  days after adoption. SECTION XIV.  HEADINGS  The headings of various sections and subsections of this Agreement have been inserted for the convenience of reference only and shall not be construed as modifying, amending, or affecting in any way  the express terms and provisions ofthis Agreement.  SECTION XV.  INTERPRETATION  This Agreement shall be governed and interpreted under the laws of the State ofl North Carolina. This Agreement is intended to: serve as an interlocal agreement, for purposes of executing the undertaking described in the preceding sections and paragraphs, under North Carolina General Statutes 160A-460 et seq. (Part 1 of Article 20 of Chapter 160A). The terms of this Agreement do not constitute a coverage document or form applicable to any specific claim. The liability of the Trust to the participants of any member is specifically limited to such obligations as are imposed by the plan of insurance and benefits as  approved by the Trustees.  Should any clause, sentence, provision, paragraph, or other part oft this Agreement be adjudged by  6    any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder oft this Agreement. Each of the parties declares that it would have entered into this Agreement irrespective of the fact that any one or more of this Agreement's clauses, sentences, provisions, paragraphs, or other parts have been SO declared invalid. Accordingly, iti ist the intention of the parties that the remaining portions of this Agreement shall remain in full force and effect without regard to the Failure of the Board of Trustees, the Executive Committee, or their designees to insist in any one or more instances upon the performance of any of the covenants, agreements, and/or conditions of this Agreement, or to exercise any right or privilege herein conferred, shall not be construed as a waiver of This Agreement together with the Bylaws (as the same may be amended from time to time) contains the entire agreement between the parties, whom shall not be bound by any verbal statement or  clause(s), sentence(s), provision(s), paragraph(s), or other part(s)ir invalidated.  any such covenant or condition. agreement made heretofore. SECTION XVI.  MEMBER REPRESENTATIVES: NOTICES  There shall be al Member Representative for each member of the Trust who shall be the agent of the member for purposes of giving and receiving notices required or permitted pursuant to this Agreement. Each member shall designate a Member Representative and provide the member's postal mailing address and, ifapplicable, a facsimile number and electronic mail address to which the Executive Committee may provide notices hereunder. The Executive Committee shall provide forms, as needed, for use by the member in designating its Member Representative and providing its address information. Such information may be updated at any time there is a change in the information provided thereon. Until such time as different information is provided, the Member Representative shall be the member's chief administrative official as shown on the records of the Trust, and the member's postal mailing address, facsimile number and electronic mail address also shall be that as shown on the records oft the Trust. For purposes of illustration and not limitation, a chief administrative official shall be considered to be a manager, administrator, clerk or executive director as may apply with respect to aj particular member. Any notices required or permitted by this Agreement shall be in writing and may be given: in person, by United States Postal Service, by facsimile, or by electronic mail. Notices shall be deemed delivered: (a) when received ifdelivered inj person, (b) three business days after being deposited with the United States Postal Service, postage prepaid, properly addressed to the party to whom such notice is intended to be given at the address established under this Section, (c) on the date sent if given by facsimile, provided that an electronic confirmation ofc delivery has been received by the sender and that a copy of such notice was also sent on such date by mailing, or (d) on the date sent if given by electronic mail, provided a copy of such notice was also sent on such date by mailing and receipt of the electronic mail is acknowledged by the receiving party by return electronic mail. Notices provided to the Trust shall be delivered, addressed or directed as follows, or to such other address as designated by the Executive Committee in written notice to the member provided in accordance with this paragraph:  North Carolina Health Insurance Pool Attention: Chair of Board of Trustees C/o: Kelsey Mayo, Esq. 301S S. College Street, Suite 2900 Charlotte, NC: 28202  7    EXECUTION  IN WITNESS WHEREOF, the municipal entities listed below, each having already authorized its membership in the Trust by an authority duly authorized in such municipality, acknowledge the creation ofand their membership in the Trust and their acceptance of obligations hereunder, by the due execution  hereof by its duly authorized official. ALLEGHANY COUNTY  BRUNSWICK COUNTY  By: Name: Title:  By: Name: Title:  CATAWBA COUNTY  HILLSBOROUGH, TOWNOF  By: Name: Title:  By: Name: Title:  MORRISVILLE, TOWN OF  ORANGE COUNTY  By: Name: Title:  By: Name: Title:  WAKE. FOREST, TOWNOF  By: Name:_ Title:_  8    EXECUTION  IN WITNESS WHEREOF, the municipal entity listed below, having already authorized its membership in the Trust by an authority duly authorized in such municipality, acknowledges its membership in the Trust and its acceptance of obligations hereunder, by the due execution  hereof by its duly authorized official.  MACON COUNTY  By: Name: Title:  PREAUDIT CERTIFICATE Budget and Fiscal Control Act.  This instrument has been preaudited in the manner required by the Local Government  Finance Officer Macon County        MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: April 9, 2019 DEPARTMENT/AGENCY:  Governing Board  SUBJECT MATTER: Appointments COMMENTS/RECOMMENDATION:  (A) Library Board: Per Karen Wallace, the Macon County Library Board of Trustees has an opening created by the expiration of Kathy Tinsley's term in March, and Debbie Tallent has expressed an interest in  serving. Her application is attached.  Attachments Agenda Item 13(A)  Yes  No    Print Form  Application for Appointment to Macon County Authorities, Boards, Commissions and Committees The Macon County Board of Commissioners believes all citizens should have the opportunity to Participate in governmental decisions. The Board wants to appoint qualified, knowledgeable and dedicated people to serve on authorities, boards and committees. Ifyouhave an interest in being considered for an appointment to any advertised vacancy, please thoroughly complete the form below before the advertised deadline and choose from the following options.  Mail to: County Manager's Office 5 West Main Street Franklin, North Carolina 28734  or FAX to: 828-349-2400  Any Questions, please call the County Manager's Office at (828)349-2025 Name of Authority, Board or Committee applying for: Macon Coukey Address YDLSE Ciy! lr  Name  Librany NCZip 58734  Debbi TClent  Telephone: Home ce Occupation Business Address Email Address  Work  704-4758290 Ktived  d-allent12Q yahop.com  Briefly explain any anticipated conflict ofinterest you may! have ifa appointed:  NeCoRict Educational Background  AosacD. ComAt  Business and Civic Experiences/Skills:  Kohaig Club-Naluterw- Dauqoud  Areas of Expertise  and Interest/Skills:  Aivtangi  fladdg  Ai/soynmpdatyg  List any Authorities, Boards, Commissions or Committees presently serving on:  Kwmpawd-lys. SIGNATURE: Dua Tallut  DATE: g