Wlacon County  ON COIA  1828  MACON COUNTY BOARD OF COMMISSIONERS  SEPTEMBER 11, 2018 AGENDA  1. Call to order and welcome by Chairman Tate  2. Announcements 3. Moment of Silence 4. Pledge of Allegiance 5. Public Hearing(s) - None 6. Public Comment Period 7. Additions to agenda  :::  8. Adjustments to and approval of the agenda A. Nantahala Community Library - Ed Trask  9. eports/Presentations 10.Old Business.  A. Class action matter regarding Payment In Lieu of, Taxes (PILT)-  County Attorney 11.New Business  A. Discussion regarding Fire Study. recommendation Emergency. B. Request by William F. Thomas for an exception to the: Macon County Flood Ordinance - Planning, Permitting and C.N Macon County Public Health Billing and Collection Policies and D. Discussion of grant award for purchase of in-car cameras and body cameras for the Macon County Sheriff's Department =  Servicès Director Warrên Cabe Development Director Jack Morgan Fee Schedules - Public Health representative  County Manager  MACON COUNTY COURTHOUSEANNEX PHONE 828-349-2000  5WESTMAIN STREET  FRANKLIN, NORTH CAROLINA28734  FAX: 828-349-2400    E. Discussion and consideration of a resolution of support for Senate Bill 711, the NC Farm Act of 2018 - Commissioner  Gillespie  12.Consent Agenda - Attachment #12  All items below are considered routine and will be enacted by one motion. No separate discussion will be held except on request of a member of the Board of  Commissioners. B. Tax Releases 13.Appointments 14.Closed session  A. Budget Amendments #38-45  C. Monthly ad valorem tax collection report (no action necessary)  15.Recess until Tuesday, September 25, 2018 at 6:30 p.m. in order to hold a joint meeting with the Franklin Town Council and the Town of Highlands Board of Commissioners. The meeting will be held at the Old Edwards Inn Springhouse on Spring Street in Highlands,  NC.    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: September 11,2018 DEPARTMENT/AGENCY:  Macon County Public Library  SUBJECT MATTER: Nantahala Community Library  COMMENIS/RECOMMENDATION:  Per Karen Wallace, Ed Trask, a member of the Macon County Public Library Board of Trustees and a resident of the Nantahala community, would like to give the board a report on the Nantahala Community Library. Based on recent discussion about a possible new facility in the community that could include the library and a community club, the report will share findings from information collected from community input sessions, focus groups and surveys, according to Ms. Wallace, who will be attending with  Mr. Trask.  Attachments Agenda Item 9A  Yes X No    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: September 11, 2018 DEPARTMENT/AGENCY:  Governing Board  SUBJECT MATTER: Class action matter regarding Payment in Lieu  ofTaxes (PILT)  COMMENIS/RECOMMENDATION:  The County Attorney can provide additional information at the meeting. In a nutshell, the issue is whether the county wants to join in a class action lawsuit to recover Payment in Lieu of Taxes (PILT) underpayments by the federal government for the fiscal years of 2015-2017. According to the law firm of Smith Currie, records indicate that Macon County's total underpayment for these three years was at least $13,664 and could be more. Again, the County Attorney can outline the board's options in regard to  "opting-in" or not.  Attachments Agenda Item 10A  Yes X No    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: September 11,2018  DEPARTMENT/AGENCY: Emergency Services  SUBJECT MATTER: Fire Study Recommendation Discussion  COMMENTS/RECOMMENDATION:  Discussion concerning Recommendation #5 of the 2017 Fire Study as it relates to fire department expenditures. Per Emergency Services Director Warren Cabe, this item is for discussion only. The appropriate excerpt from  the Fire Study is attached.  Attachments Agenda Item 11A  1 Yes  No    Recommendation #4 (Policy)  Macon County hasi improved their budget process and financial records collection with the volunteer fire departments considerably over the past several years, but a more detailed examination of the financial health oft the departments is necessary to malntain accountablity of increasingly large sums of public monies spent for fire protection services. Several inconsistencies were noted between what departments indicated their funding sources and percentages were with this study compared to what was submitted with the budget process last year. Thel budget is an ever changing item that' can only be captured at any given moment int time and there are numerous reasons thoenumber/perentages could differ from year to year. There is noi indication of anyl Inappropriate spending noted from the information supplied, but, in an effort to ensure the publicthat funds are adequately managed and any potential future problems discouraged, every effort should be used to maintain the integrity oft the financlal process from all partles involved. Although the intent of thel NC General Statute listed above seems fairly clearwhen first read, some counties in North Carolina have added a section Into their contracts for service with fire departments including provisions for compliance with County budgeting procedures and other procedures provided for by State law and the presentation to the County by the department an annual audit and management letter prepared according to generally accepted accounting principles and generally accepted auditingprocedures for the preceding fiscal year. The existing contract does provide for review of thel financial records but no specificityi is indicated and thet time required for such reviews on ar regular and routine basisis probably not possible with existing staff. At least one county in our region offers toi include  the departments into the annual county audit process.  5. Expenditures  The current contract for services requires the department to notify thel Macon County Fire Marshal's office for concurrence when any new operating expense extends beyond the current  fiscal year. The excerpt from the contract Is as follows:  31    B. TheDEPARIMENT: shall uset the funds subject tot this Contract ins accordance with the annual DBPARTMENT budget. The budget may be amended by the Fire Department Board of Directors within the funds made available by this Contract except that amendments providing for any expenditure that establishes a new operating expense that will extend beyond the current fiscal year shall require the  concurrence ofthe Macon County Fire Marshal'sOffice.  Recommendation #5 (Policy)  Specific guidance should be provided as to what Is speçifically required to meet the definition of"concurrence". The County occasionally receives requests from financial lending institutions when a department entersi into al lending agreement asking ifthe departmentis in' "good standing".The: adoption of recommendation #4 will assist in making that decision but specific guidance should be provided as to what expenditures require such' "concurrence" and to whom such requests for' "concurrence" are addressed. The expenditures may be approved at the annual budget request presentation to the Board of Commissioners or addressed mid-year as necessary. The baseline information necessary for conçurrence could bey presentation of a satisfactory audit or other such financial revlewa and evidence that the purchase meets the strategic goals for fire protection of both the county and the department. The concurrence could be required on all purchases extending beyond the current fiscal year. Itcould bei more specific such as requiring concurrence on all apparatus purchases over a specific dollar amount such as $50,000. It could also bel based an the department's current debt to assets ratio utilizing a percentagei that isi industry specific, or it could be on the department's current debt to income ratio established at a reasonable percentage. Concurrence may require ac combination of both evaluations. A fairlyr new department may have al high debt to asset ratio but can still manage to cover costs with their Income, whereas along established department may have a good debt to asset ratio but could stiil attempt to undertake an expenditure that their debt to income ratio wouldi not: allow enough financlal stability to malntain efficient and effective operations. Whatever method is pursued, Input from a financial expert willl be required to develop a strategy thati is effective for all  stakeholdersinvolved.  32    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: September 11,2018 DEPARTMENT/AGENCY:  Planning, Permitting & Development  SUBJECT MATTER: Request for exception to Flood Ordinance  COMMENTS/RECOMMENDATION:  Per Planning, Permitting & Development Director Jack Morgan, William F. Thomas is requesting an exception to the Macon County Flood Ordinance following a Notice of Violation. A copy of that NOV, dated July 19, 2018, will be included with the agenda packet. In addition, a copy ofMr. Thomas' request will also be included. As both documents contain color photographs, they will be attachments to the packet as the scanned version is black and white only. Mr. Morgan and Mr. Thomas will both be present at the  meeting.  Attachments Agenda Item 11B  2 Yes  No    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETINGDATE: September 11,2018 DEPARTMENT/AGENCY:  Public Health  SUBJECT MATTER: Billing and collection policies and fee schedules  COMMENTS/RECOMMENDATION:  A representative from Macon County Public Health will be available at the meeting to address questions the board members may have in relation to the latest version of the department's Billing and Collection Policies and Fee Schedules, copies of which are attached. These documents were approved  by the Macon County Board ofHealth on August 28, 2018.  Attachments Agenda Item 11C  2 Yes  No    MACON COUNTY PUBLIC  HEALTH  FY1 18-19  Billing and Collection Policies  And  Fee Schedules  Effective  Presented to and Approved by Board ofHealth on Presented to and Approved by Board of Commissioners on  April 24, 2018 May 8, 2018  MACON COUNTY PUBLIC HEALTH    MCPH Billing Guide FY1 18-19  Effective 7/1/18  BILLING AND COLLECTION! POLICIES  RATIONALE  North Carolina law' allows a local board of health to impose a fee for services to be rendered by a local health department, except where the imposition ofai fee is prohibited by statute or where an employee oft the local  health department is performing the services as an agent oft the State. Fees may be based on aj plan recommended by thel Health Director;  The plan must be approved by thel Board of Health and thel Board ofCounty Commissioners; And, fees collected under the authority oft this subsection aret to be deposited to the account oft the local health department sO that they may be expended for public health purposes in accordance with the provisions oft the The State requires local health departments to provide certain services, and no one may be denied these services. Itis  Local Government Budget and Fiscal Control Act. in the best interest of our community for thel Health Center to:  Assure that all residents can get all legally required public health services.  Provide as many other recommended. and needed health services as possible, within thei resources we: still  have available to use.  The Health Director has the right to waive: fees fori individuals who for a good cause are unable toj pay.?  The purpose of charging feesi ist to increase resources and uset them toi meet residents' needs in a fair and balanced way. Fees are necessary to helpi identify and cover the full cost of providing public health services. As much as possible, fees arel based on the true cost of providing aj particular service (calculated: as direct costs plus indirect costs). Throughout the year, ongoing cost analyses are performed and fee schedules shall be adjusted by the Health Director, with approval from thel Board ofHealth and the Board of Commissioners: in the amount oft the increased cost for The information in the document below is the feej plan for FY 16, effective on July 1,2015. This Billing Guide for  prevision of said services. A list ofHealth Center fees is available upon request.  FY161 replaces all earlier plans. COST OF SERVICE DETERMINATION  Costs for services received through the Health Center are based on the actual cost of the service Cost analysis takes into account all of thei resources associated with providing a particular service and calculates the actual cost to provide that service. Cost analysis includes the calculation of direct and indirect costs for services and then adding Calculating direct cost: Direct costs are expenses that can be easily related to the provision ofa specific service, i.e., physician and support staff salaries and benefits, medical supplies, lab tests, and other resources Calculating indirect costs: Indirect costs involve resources that are not directly consumed during the provision of a service, but without them the provision oft that service would not be possible, i.e., administrative staff salaries and benefits, training costs, facility costs, insurance premiums, office equipment and supplies, and recruiting  these figures together to determine the actual cost oft the service.  consumed: at the time oft thes service.  and marketing expenses.  North Carolina General Statue 130A-39(g) ?IAW Title X843(42CFR.592)  Page 2    MCPH Billing Guide FY 18-19  Effective 7/1/18  PAYMENTI BY CONSUMER OR RESPONSIBLETHIRD PARTY (SELFPAY)  Fees are charged for services and collected at the Health Center. See attachment for fee schedule. All fees are the responsibility oft the consumer, consumer or responsible third party and may be subject to the sliding fee scale. No consumer will bei refused services solely on1 their inability to pay for said services. All fees may be paid by cash, check, or major credit card. Full payment is expected: at the time ofs service. Consumers will bei informed oft their account status at each visit. An itemized receipt showing total charges, as well as any discounts willl be provided to individuals at time of payment. Third parties authorized or legally responsible to pay for consumers at or below 100% oft the Federal Poverty Level are properly billed. Fees for adult dental services will be collected before the service is rendered. Prepayment ofco-pays for all services in which co-payments apply will bei required and collected when Fees willl be charged to individuals in families with annual gross incomes exceeding specified levels ofa scale based on current Federal Poverty Income Guidelines. Verification ofi income and family size must bej provided to determine a consumer's eligibility status. Falsification oft this information will permanently disqualify consumers from using sliding fee scale. Eligibility will be reevaluated as consumer'si income and household status changes or at least annually. Ifincome cannot be verified at thet time ofs screening, the charge for all services will be at 100% pay and a Payment Agreement will be presented to the consumer for signature until verification is provided. If verification ofi income is received within thirty days ofas service, the charge will be retroactively: adjusted to reflect percent pay based on verification received. Verification: received after thirty days will be applied only to future services. Eligibility ofl Medicaid willl be determined where applicable. Individuals willl bei requested to provide all social security numbers and names used for employment purposes. Ifan individual refuses to provide information to Customary visit services for mandatory childhood immunizations, community outreach, Tuberculosis (TB), TBi related X-rays, Sexually Transmitted Disease control (STD), and other epidemiological. investigations are provided at no cost to the consumer but may be billed to Medicaid or other third party agent. Separate fees may be charged for drugs, supplies, laboratory services, X-rays and othert technological services, ifa appropriate. The costs of services performed by providers not affiliated with Macon County Public Health are the responsibility oft the consumer. Fees may be charged or waived for educational services provided to individuals or groups, such as  services are: rendered.  verify income, they will not be eligible for the sliding fee scale and will be at 100% pay.  orientation, preceptorship, field training or classes. Charges not eligible for sliding scale discount include: a. Environmental Health services b. Non-mandated immunization services  Miscellaneous/general. services (seel Miscellancous/General section below) d. Out-of-county residents (see Out-of-County Service Restrictions section below) . Specific insurance situations (see Insurance: section below for details)  Bills will be mailed monthly to individuals who have not paid charges in full for services rendered (exception Family Planning for those that request no mail be sent to their home). All bills will show total charges, as well as any discount that may have been provided.. Arrangements may be made for payment plans when required for good cause.  PAYMENT BY THIRD PARTY  Verification ofe enrollment under Medicare, Medicaid, insurance or other third party payment plani is required by presentation ofa valid card at the time ofs service. The Health Center is required tol bill only participatingi third party payers for services rendered. Services that are billed to third parties are billed at 100% oft the total charge with no discount applied unless there is a contracted: reimbursement rate that must be billed per the third party agreement. When the claim is returned from the third party payer all discounts are applied at that time. (i.e., any applicable sliding fee scale adjustment)! For services rendered to consumers with insurance where the Health Center is not a participating provider, the consumer will ber responsible for full payment ofservice when the service is delivered. The consumer  Page 3    MCPH Billing Guide FY 18-19  Effective 7/1/18  isr responsible for charges not covered by third party payers. Co-pay amounts must bej paid at the time ofs services and  are not subject to1 the sliding fee eligibility scale.  Sliding fee scale discount does not apply ini the following situations:  a. Consumers with insurance in which MCPH: is not participatingprovider. servicesi i.e. Family Planning services and Communicable Disease Services). C. Insurance co-payments (when MCPHisap participatingprovider)  b. Consumers with any insurance who choose not to use their coverage (exception those requesting confidential  ACCOUNT COLLECTIONSAND BAD DEBT  Thel Health Center willi issue all consumers a monthly statement off fees that have been incurred and are due. Consumers are expected to make payment at the time services are rendered. Ifal balance is carried forward consumers whol have not made aj payment on their account for any service(s). received from Macon County Public Health for 120 days shall be required to pay their past due balance before another service shall be rendered (see Service Denial for The Health Center may use the following resources to pursue collection of consumer accounts: billing statements, past due notices, collection agencies or credit bureaus, and the NC Local Government Debt Setoff Clearinghouse (ref: NCGS 105A-1 et seq.) as administered by the NC Department of Revenue  further information).  Accounts will be reviewed annually for bad debt status, and at that time with the approval oft the BOH and the BOCC'st the amounts may be written off for accounting purposes if no further collection is anticipated. Any payments received for write-off debts willl be accepted and credited to appropriate accounts. At no time will a consumer be notified that the account has been written off as al bad debt. Bad debt may be reinstated at time ofs service unless iti is determined uncollectible (i.e. bankruptcy, death), at which time it will be written off permanently.  CONSUMER DONATION! POLICY  A consumer: may choose to make a donation to the agency. The consumer willi never be asked to makea a donation, but ifo offered the donation is accepted. Donations are not required, and are not aj prerequisite for the provision of any service. Billing requirements set out above in thel Payment by Consumer section are not waived  because of consumer donations. (ref: Donation Policy 101.9)  RETURNED CHECKI POLICY  A $25.00 fee willl be charged for ai returned check written to Macon County Public Health (MCPH). The consumer will be notified viai telephone or letter. All returned checks will bei made good via cash, money order, and/or certified check. Ifa consumer has twoi returned checks within a one-year period, he/she will be required to payi for services in advance via cash, money order, or certified check for the period of one year. After the one-year period expires, ifanother returned check occurs, all future bills must be paid with cash, money order, or certified check prior to the provision ofs services. (Exception: Family. Planning, Child Health and Maternal Health services for families with income at or below 250% ofl Federal Poverty should not pay more in co-payments or additional fees than what they otherwise pay when a Schedule of] Discounts is applied. 421 U.S.C.300 et Q/42CFR39509).  REFUNDS  In the event that a consumer or other third-party has overpaid their responsible charges, the credit balance is either: applied to future charges or refunded to the payer within thirty (30) days of discovery or request. Refunds for  Environmental Health services are determined by attached policy and procedure.  Page 4    MCPH Billing Guide FY 18-19 SERVICE: DENIAL  Effective 7/1/18  No individual may be denied Health Center: mandated services e.g. communicable disease services (STD/TB) and immunizations. These services are provided at no charge to the consumer. Individuals who do noti meet program guideline criteria may be denied specific services. Consumers covered by Medicaid who fail to make required cO- payments will not be denied services but may be subject to collections and/or bad debt set-off.. Individuals who have not paid proper charges for previous services (unless state and federal program rules prohibit services restriction or denial) may be required toj pay fees beforehand, be denied access to services (see. Account Collections and Bad Debts), or be denied subsequent services pending demonstration ofag good faith effort to make payment within the  past ninety (90) days.  OUT OF COUNTY SERVICE RESTRICTIONS  Macon County supports its low-income citizens by subsidizing1 the cost for certain health care services. To assure that Macon County citizens have maximum access to Health Center: services only those services mandated by Federal Law, North Carolina General Statues or approved int this plan willl be provided to: non-Macon County residents. Ifan individual moves out of Macon County, they are encouraged to obtain services from another  provider. Consumers are required to report any change ofa address at time ofs service. COMPLIANCE WITHTITLE VI AND VII, OF 42 US CODE CHAPTER21  The MCPH complies with" Title VI and Title VII oft the Civill Rights Act of 1964 and all requirements imposed by or pursuant tot the regulations. Staffwill not discriminate against any consumers because ofa age, sex, race, creed, national origin, or disability. Staffv will ensure consumers with LEP are provided adequate language  assistance SO1 they have meaningful access to the agency'sservices.  PROGRAM: SPECIFIC INFORMATION  COMMUNICABLEDISEASE CONTROL  Deals with the investigation and follow-up of all reportable communicable diseases. Testing, diagnosis, treatment, and referring as appropriate, ofa variety ofSTD's. Provides follow-up and treatment ofTB cases and their contacts. No: fees are charged directly to consumers fori these services as stated in] Program Rules (exception Medicaid or other third party agent can bel billed with the consumerspermssion.  Eligibility:  Nor residency or financial requirements  BREAST. AND CERVICAL CANCER CONTROLPROGROGRAM(BCCCP)  Provides pap smears, breast exams and screening mammograms, assists women with abnormal breast ammatonymammogram, or abnormal cervical screenings to obtain additional diagnostic examinations.  Eligibility:  Must be ar resident ofMacon County; uninsured or underinsured; without Medicare Part B or Medicaid;  Page 5    MCPH Billing Guide FY 18-19  Effective 7/1/18  between ages 40-6 641 for breast screening services and 18- 64 for cervical screening services; No charge for those who qualify fort the program; family size shall be determined as follows: Consumer, spouse of consumer: and all children under 18 years ofage, including step-children who live in  have al household income at or below 250% ofthe federal poverty level.  thel home.  Proofofi income must be provided.  CHILD HEALTH  Well child exams conducted by (appropriate provider); exam includes medical, social, development, nutritional history, lab work, and physical exam. MCPHaccepts: self-pay; most Private Insurances; Health Choice;  Medicaid Eligibility:  Residents ofl Macon County; Birth thru 20 years;  >Discounts are used: fori incomes between 101 -250% ofE Federal Poverty. Consumers whose income exceeds 250% of] Federal Poverty are charged using the departments Schedule ofFees. Consumers whose income is at or below 100% of Federal Poverty are not charged for Child Health services.  EMPLOYEE HEALTH  Provides acute episodic medical care and chronic disease management services. This program is not intended  to replace an individual's primary care] provider.  Eligibility:  Alle employees must participate in the county's "Health Risk Assessment" New employees in the waiting period fort their health insurancet to start Employees and retirees and their dependents on the county health insurance plan Select part-time employees as determined by the county manager.  WORKSITE WELLNESS  Employee health services are available for all employers in Macon County. Employee health services are available on aj per program basis or under and annual contract arrangement. Individual program fees will vary and arel based on salary expense to prepare and deliver the program; current mileage rates iftravel is required; as well as any materials, laboratory, or medical supplies costs. An administrative. supplement of1 10% is added for each individual program. Comprehensive worksite wellness programs are available under contract for organizations. and companies with at least 50 employees. This program, alsol known as the LIFE program, provides employeel health screenings followed by customized programs and consultation services to address the health needs oft the employees. Fees for the LIFE program range from $301 to $50 per employee] per year depending upon the cost toj provide the services, the number of programs provided, as well as the organization's  ability to provide in-kind assistance. IMMUNIZATIONS  Provide all required and recommended vaccines that are available fori infants, school aged children and college bound: individuals. Also provide a wide range of vaccines for adults to include foreign travel vaccinations. MCPH accepts most Private. Insurances, Health Choice, Medicaid, and Medicare. In some instances charges do not  apply (e.g. state supplied vaccine). Sliding fee scale does not apply toi immunizations.  Page 6    MCPH Billing Guide FY18-19  Effective 7/1/18  Eligibility:  Nor residency or financial requirements fori immunizations. CARE COORDINATIONFOR CHILDREN (CC4C)  Case management assists families ini identification ofa and access to services for children with special needs that  will allow them the maximum opportunity to reach their development potential.  Eligibility:  Macon County children birth to age three who are at risk for developmental delay or disability, long term illness and/or social, emotional disorders and children ages birth to five who have been diagnosed with developmental delay or disability, long term illness and/ors social, emotional disorder may be eligible for  the program. FAMILYPLANNING  Clinic designed to assist women inj planning their childbearing schedule; detailed history, lab work, physical exam, counseling and education given by (appropriate provider). MCPH accepts self-pay; most Private  Insurances; Medicaid or potentially Medicaid eligible.  Eligibility:  This can be a "confidential service"  Schedule of] Discounts is used for incomes between 101 -250% of Federal Poverty. Consumers whose income exceeds 250% of) Federal Poverty are charged using the departments Schedule of] Fees. Consumers whose income is at or below 100% of Federal Poverty are not charged for Family Planning Services are provided without regard to residence requirements and without ai referral by aj physician (42 Proof ofi income must be provided. (Exception: for those requesting "Confidential Services" that do not have proofofincome or by producing proof ofincome may put their confidentiality at risk, they may write a statement of declaration ofi income.)Where' legally obligated or authorized to receive third party reimbursement including public or private sources: all reasonable efforts must be made to obtain said payment without application of any discounts. Family Income should' be accessed before determining whether co-payments or additional fees are charged. Families with income at or below 250% ofl Federal Poverty should not] pay more in co-payments or additional fees than what they otherwise pay when a Schedule of] Discounts is applied. (42U.S.C.3 300 et ,2CFR5950,0). AF Family Planning consumer will never be refused al Family Planning service, or asked to: meet with the Health Director due to a delinquent account; however they may be referred tol Debt set-off. Income information reported on the Family Planning financial eligibility screening can be used through other programs rather than re-verification ofincome or relying on the consumer declaration. Pregnancy tests will be charged based on the qualifying Schedule of] Discounts.  services.  U.S.C. 300 et seq./42 CFR59.5 (b)(5)).  MISCELLANEOUS/GENERAL SERVICES/ADULTHEALTH  Include: daycare, DOT, foster care, employment or other specialty physical exams; laboratory services,  women'sh health  Page 7    MCPH Billing Guide FY 18-19  Effective 7/1/18  Eligibility:  18 years and older (exception, laboratory services)  Residents ofl Macon County (exception, colposcopies, pregnancy tests, laboratory services) These services are: not eligible for sliding fee scale payment. Services will be paid for prior to any service being rendered. Any additional fees associated with a visit will be added to the consumers account and  paid ini full at checkout. MATERMALHEALTH  Prenatal care is medical care recommended for women during pregnancy. The aim of good prenatal care is to detect any potential problems early, toj prevent them if possible (through recommendations on adequate nutrition, exercise, vitamin intake etc), and to direct the woman to appropriate specialists, hospitals, etc. if necessary. Visits are: monthly during the first twot trimesters (from week one to week 28 of pregnancy), every two weeks from 281 to week 36 of pregnancy and weekly after week 36 (until the day of delivery that could be between week 38 and 40 weeks). MCPH accepts self-pay; most Private Insurances; Medicaid or potentially  Mediçaid eligible. Eligibility:  Residents of Macon eligibility policy and residency requirements attached Maternal Health consumers will be required tol have proofofresidency  Proofofincome is required.  Schedule of Discounts is used: fori incomes between 101 - 250% ofFederal Poverty. Consumers whose income exceeds 250% of Federal Poverty are charged using the departments Schedule of Fees. Consumers whose income is at or below 100% ofFederal Poverty are not charged for Maternal Health  services.  OB CARE COORDINATIONMANAGEMENTIOBCMD  Case manager assists pregnant women in receiving needed prenatal care and pregnancy related services.  Eligibility:  Residents ofl Macon County  Primary Care  Provides primary care services for Macon County residents between the ages of21-64. Consumers: are required to complete. an application to determine eligibility prior to receiving services. Third party insurance will be billed appropriately. Self-pay consumers: may qualify for sliding fee scale discount based on their family size and household income with the maximum discount of 60%. Sliding fee discount is based  on 250% offederal poverty.  Eligibility:  Resident ofl Macon County between the ages of21- 64  Page 8    MCPH Billing Guide FY 18-19  Effective 7/1/18  WOMEN,INFANTS, AND CHIDRENNUTRITIONPROGRAM (WIC)  Supplemental nutrition and education program toj provide specific nutritional foods and education servicest to Eligibility: WIC is available toj pregnant, breastfeeding, and postpartum women, infants, and children up to age  improve health status of target groups. 5who meet the follow criteria:  amsmeMaCany, Be at medical and/or nutritional risk;  Have ai family income less than 185% oft the US Federal Poverty Level; Medicaid, AFDC, or food stamps automatically meet the income eligibility requirement  CHILDRENS DENTAL PROGRAM  The Macon County Children's Dental Clinic (Molar Roller): provides comprehensive general dental services to children from birth to 20 years of age. Self-pay consumers may qualify for sliding fee scale! based on their family size and household income. Sliding fee discount is based on 250% of Federal Poverty with ai maximum  discount of75%. Eligibility:  Resident of Macon County and/or individuals served by a participating MCO.  ADULTDENTALPROGRAM  The Macon County Adult Dental Clinic provides comprehensive general dental services to adults 21 years of age and above. Self-pay consumers may qualify for a sliding fee discount based on family size and household income. Sliding fee discount is determined on 200% ofi federal poverty with ai maximum discount of50%.  Eligibility:  Residents ofl Macon County and/or individuals served by a participating MCO. Charges note eligible for sliding fee scale discount include: Services not covered by Medicaid or Health Choice and those covered by insurances which. MCPH: is not aj participating gprovider. Fees for adult dental services will be collected before the service is rendered.  COMMUNITY EDUCATION, AND' TRAINING  Health education/health training programs/services are provided to individuals and/or groups.  Eligibility:  No kesinctonskequirememts EXAMPLES  - Cardiopulmonary resuscitation (CPR)  Page 9    MCPH Billing Guide FY 18-19  Effective 7/1/18  Automated external denbrilatorsAED)  First Aid' Training:  EXPLANATION  Various components of American Red Cross Standard First Aid and/or CPR/AED for lay responders are offered on-site at Macon County Public Health Classes are offered fora ai fee Pre-registration and pre-payment are required. Fees for the specific educational components arel based on current  American Red Cross pricing.  NUTRITION SERVICES:  DSME Services:  Macon County Public Health offers Diabetes Self-Management Education/Training: services accredited by the American Diabetes Association The registered dietitians are credentialed: and certified providers with some third party payors.. For consumers with third partyi insurance,, aj physician referral and medical diagnosis of diabetes is required in order for the insurance to bel billed and costs covered accordingly. Self-pay consumers may qualify for a sliding fee discount based on family size and] household income. Sliding fee discount is determined on 250% of federal poverty with a maximum discount of20% in which the consumeri is responsible for payment to the health center prior  tos service being rendered.  Diabetes Prevention Program (DPP)  Macon County Public Health offers Diabetes Prevention Program accredited by' The Center: for Disease Control and Prevention. Because there is no established' billing code for this program accepted by third party payors and to encourage participation, as small program fee willl be established for each participant. Consumers may qualify for sliding fee: scale discount based on their family size and household income with the sliding fee discount is based on 250% of federal poverty. Medicaid or Medicaid eligible consumers may be eligible for a Center for Disease Control and Prevention (CDC)s sponsored scholarship and therefore are not charged a fee for the program, but are  eligible for thei incentives. Eligibility  Declaration of Income  MNT Services:  Macon County Public Health offers Medical Nutrition Therapy services. The registered dietitians are credentialed: and certified providers with some third party payers. For consumers with third party insurance, aj physician referral and a covered medical diagnosis is required in order for the insurance to be billed and costs covered accordingly. Self-pay consumers may qualify for as sliding fee discount based on family size and household income. Sliding fee discount is determined on 250% of federal poverty with a maximum discount of20% in which the consumer is responsible forj payment to the  health center prior to servicel being rendered to consumer.  ENVIRONMENTALHEALTH  Page 10    MCPH Billing Guide FY 18-19  Effective 7/1/18  Unlike other health department fees, Environmental Health fees are determined at the will oft the Boards of Health and County Commissioners. Environmental Health fees from other counties are taken into consideration. Exception, water testing fees are determined based on actual costs for supplies/test kits. Fees  for Environmental Health Services are collected at time ofapplication.  REFUND POLICY: Attached  ANIMALSERVICES  Unlike other health department fees, Animal Service fees are determined at the will ofthe Boards ofHealth and County Commissioners. Animal Service fees from other counties are taken into consideration. Fees for  Animal Services are due at1 time of Service.  Guidelines for) Determining Elements ofthe Sliding Fee Scale  Eligibility screening is required on all new consumers or when family size and/or income changes occur, or at 12 month intervals. A consumer's percentage of payi is documented on the Financial Eligibility Application in the consumer'smedical. record and in HIS. Consumer income information reported can be used to determine eligibility for other sliding feel based programs (i.e. Adult Health, Child Health, Prenatal, Family Planning and Dental).  Definition for Family Size and Countable Gross Income for the following clinics: Primary Care, Nutrition Services, Child Health, Maternal Health, Family Planning and Dental  A family is defined as a group ofr related or non-related individuals who are living together as one economic unit. Individuals are consideredi members ofas single family or economic unit when their production ofi income and  consumption of goods are: related.  An economic unit must have its own source ofi income.  Example: consumer with no income must be considered part ofal larger economic unit that provides support to the household. Groups ofindividuals livingi ini the same house with other individuals may be considered a separate economic unit. For example, ift two sisters and their children live int the samel house and both work and support their  own children, they would be considered a separate household. EXCEPMONSIOECONOMICUNIT  A. Un-emancipated. minors and others requesting confidential services will be considered. a family unit of  one, and fees willl be assessed based on their owni income.  B. A: foster child assigned by DSS shall always be considered ai family of one.  Page 11    MCPH Billing Guide FY 18-19 Determination of Gross Income:  Effective 7/1/18  The dollar amounts represent gross annual income; they refer to total cash receipts before taxes from all sources.  Page 12    MCPH Billing Guide. FY 18-19  Effective 7/1/18  Household income sources include: Salaries and wages, earnings from self-employment (deduct business expenses, except depreciation); interest income, all investment and rental income; public assistance, unemployment benefits, worker's compensation, alimony, military allotments; Social Security benefits, VA benefits; retirement and pension pay; insurance or annuity plans; gaming proceeds and any other income: not represented. here that contributes to the  household consumption ofg goods. This list is not alli inclusive. Documentsacceptable fori income verifications:  Current pay stub (noting the pay timeframe i.e.: weekly, bi-weekly etc.) business name, address and phone number and must be legible.  Signed statement from employer indicating gross earnings for a specified pay period, statement musti include the  W-2] Forms Unemployment: letter/notice 1099's received from IRS  Award letter from Social Security Office, VA or Railroad Retirement Board must bej provided in order to allow deductions for business expenses.  For Self-employment: Accounting records or income tax return fori the most recent calendar year, entire tax return  Page 13    Current Fee  CPT  Description 80177 Levetiracetam 83497 HIAA Hycronyndolaceticacid; 5 Qualitative 88305 Level IV Pathology Read  Proposed Fee $ 38.00 $10 per unit $30 per unit $110 per unit $ 16.00 $ 18.00 $ 16.00 $ 21.00 $ 36.00 $ 46.00 $16.00  mmunohstochemistny per specimen, initial single antibody  88342/stain  90688 Quadravalent Influenza Vaccine 90662 High Dose Influenza  90686 Quadravalent Influenza Vaccine Preservative Free Q2039Medicare Flu Vaccine Adult- Not otherwise Classified Destruction, (eg, laser surgery, electrosurgery, cryosurger, chemosurgery, surgical curettement), of benign lesions other than skin tags or cutaneous vascular proliferative lesions; up  $18.00]  17110to 14 lesions  $ 79.00  Approved by BOH 8/28/2018    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: September 11,2018 DEPARTMENT/AGENCY:  Sheriff's Department  SUBJECT MATTER: Grant award for purchase ofin-car cameras and  body cameras  COMMENTS/RECOMMENDATION:  Please see the attached document entitled "Scope of Work and Annual Budget" as well as a proposed Budget Amendment (#46) to address this item. The County Manager and Sheriff Holland can provide additional  details at the meeting.  Attachments Agenda Item  Yes  No    55  set  Before it will be possible to finalize this award and make any disbursement, you are required to provide to the Agency a description for how the organization will spend the amount of funding allocated for the specific purpose as stated in the grant contract. This will include a scope of work, information related to any potential sub-grants and an annual budget for  the grant funds. Please attach additional sheets as necessary.  Organizaton Organization Name: Tax Identification #: 2 Scopeofworks  Macon County 56-6000930  Organization Fiscal Year End: 6/30/2019  Recipient shall detail below how the organization will spend the amount of funding allocated for the specific purpose as stated int the grant contract. The description should include services to be provided, objectives to be achieved, and expected results. The description should also include anticipated timing oft those services, objectives and expected The funds will be used to purchase in-car cameras as well as body cameras for thel Macon County Sheriff's Department. We will begin purchasing this equipment as soon as the funds are received. This is an endeavor we have been trying to accomplish over the last couple of years and we appreciate the assistance of the State Legislature.  results.  3 Sub-grants another organization? Ifyes, answer the following: b. Name of Sub-recipient  a. Does the Recipient anticipate that it will subgrant or pass down any funds to  Yes X No  C. Program Name  d. Amount to Sub-recipient  Below are general expenditure descriptions that can serve as a guide for preparing the organization's annual budget related to the grant award. Please add or delete expenditure captions for clarity if needed. The annual budget must be  signed by an authorizing official.  The following annual budget is for the time period beginning (July 1,2018 and ending (August31,2019).  EXPENDITURE DESCRIPTION  AMOUNT  OSBM NGO-A Attachment. A Effective: 8/2017  Page 1of2    Employee Expenses (e.g. program related staffing). Utilities Expenses (e.g. utilities, telephone, data, lease $  $  related expenses)  Subcontracts (e.g. construction, services) Goods (e.g. supplies and equipment) Expenses Administration Expenses (e.g. overhead & project Other Expenses (e.g. related charges not assigned above and described by recipient) Total Beginning Balance of the Project Fund  $ $65,000 $ $ $65,000  management)  With regard to the information contained herein, I certify that the annual budget has been approved by the Recipient's  Chief Fiscal Officer, CEO or Board Chair.  Signature  Date  Printed Name  Title  OSBMI NGO Attachment A Effective: 8/2017  Page 2of2    MACON COUNTY BUDGETAMENDMENT AMENDMENT# 46 DEPARTMENT EXPLANATION ACCOUNT!  Sheriff  Appropriate $65,000 revenue and expenditure for grant-in-aid allocation received from the State of NC  for Sherif's Department in-car cameras.  DESCRIPTION  INCREASE  DECREASE 65,000 65,000  113850 4572/NCGRAMT-INAD 114310 569502/CAPITAL EQUIPMENT  REQUESTED BYI DEPARTMENT HEAD Robbie Holland RECOMMENDED BY FINANCE OFFICER osutbl  APPROVED BY COUNTYMANAGER ACTION BY BOARD OF COMMISSIONERS APPROVED & ENTERED ON MINUTES DATED  CLERK    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: September 11,2018 DEPARTMENT/AGENCY:  Governing Board  SUBJECT MATTER: Resolution of support for Senate Bill 711  COMMENTS/RECOMMENDATION:  Commissioner Gillespie has requested time for discussion and consideration of a resolution of support for Senate Bill 711, legislation that he says is aimed at protecting farmers from nuisance lawsuits. By way of background information, attached is a copy of an e-mail from Commissioner Gillespie on this subject, along with a copy of Senate Bill 711 and a draft resolution for  the board's consideration.  Attachments 3 Agenda Item 11E  Yes  No    Mike Decker From: Sent: To: Subject: Attachments:  Derek Roland drolandemacomncorg" Thursday, September 06, 20189:28AM S711v8.pdf; RESOLUTION.docx  Mike Decker FW:S711  From: Derek Roland maltodtrancemacmcon Sent: Wednesday, September 05, 2018 9:53AM To: Mike Decker moeckeremacomncor,  Subject: FW: $711  From: Karl Gillespie malteareargicpecmn Sent: Wednesday, September 05, 2018 8:56 AM To: droand@maconnc.ory: Jimmy Tate amesptate@aol.com)  Subject: S711 Derek &. Jimmy,  Attached is $711 as passed into law and the resolution supporting it. Chester has looked over both.  This bill was passed to help protect farmers from nuisance lawsuits. While Macon County does not have a commercial hog operation, we do have many family farms. Tor my knowledge Polk County is the western most count that has pass  this.  From ncfarmfamles.com  Who is suing North Carolina hog farmers? Michael Kaeske, a successful trial lawyer from Texas, is leading the lawsuits against Smithfield Foods. His partners ini the lawsuit include another Texas firm, Baron and Budd, and Wallace & Graham, a North Carolina law firm. They represent more than! 500 plaintiffs in eastern North Carolina who live near hog How could the lawsuits impact the economy? Hog farming is one of the pillars of eastern North Carolina'se economy, supporting morei than 46,000 jobs and contributing $11 billion annually to the economy. Negative verdicts in the nuisance lawsuits can directly affect thousands of farm families and workers = hogs have been or willl be removed from the farms involved in the first three cases. These verdicts also impact businesses that sell farm equipment and crops to feed mills, as well as local businesses where farmers are customers - such as convenience stores, supermarkets, How did the lawsuits start? Five years ago, a group of lawyers from out of state came to eastern North Carolina and started recruiting clients with a pitch that went something like this: 'Sign here, we'll file the lawsuits, we'll pay the bills, and if we win you'll get part of the money. Some of the original attorneys were thrown off the case amid complaints of  farms associated with Murphy-Brown.  restaurants and other businesses.  unethical behavior, but the cases resumed under Wallace & Graham..    GENERAL ASSEMBLY OF NORTH CAROLINA  SESSION: 2017 SESSION LAW 2018-113 SENATE BILL 711  AN. ACTTOI MAKE VARIOUS CHANGES TO THE. AGRICULTURAL LAWS.  Whereas, frivolous nuisance lawsuits threaten the very existence of farming in North Whereas, in response to the long-standing threat to agriculture, in 1979 the General Whereas, following the 19796 enactment, at least three succeeding General Assemblies  Carolina; and  Assembly enacted the State's first effort to statutorily protect the ability of farms and forestry operations to continue to operate as surrounding development encroached; and in 1992, ,2013, and 2017 tried to perfect a statutory framework that broadly fosters a cooperative relationship between farms and forestry operations and their neighbors across North Carolina; Carolina Right to Farm Act in a way that contradicts the intent of the General Assembly and effectively renders the. Act toothless in offering meaningful protection to long-established North that existing farms and forestry operations in North Carolina that are operating in good faith be shielded from nuisance lawsuits filed long after the operations become established; Now,  and  Whereas, recently a federal trial court incorrectly and narrowly interpreted the North  Carolina farms and forestry operations; and  Whereas, regrettably, the General Assembly is again forced to make plain its intent  therefore,  The General Assembly ofNorth Carolina enacts:  FRUIT. AND VEGETABLE HANDLERS REGISTRATION ACT  SECTION 1.(a) Article 44 of Chapter 106 ofthe General Statutes is repealed. SECTION 1.(b) Chapter 106 of the General Statutes is amended by adding a new  Article to read:  "Article 44A.  "Fruit and Vegetable Handlers Registration Act.  "$106-501.1. Definitions.  The following definitions shall apply when used under this Article:  (1) "Commissioner" means the CommisonerotAralure oft the State ofNorth (2) "Consignment" means any transfer of fruits and vegetables by a seller to the custody of another person who acts as the agent for the seller for the purpose (3) "Department" means the Department of Agriculture and Consumer Services. (4) "Farmer" means any person who produces fruits or vegetables or both. (5) "Handler" means any person in the business of buying, receiving, selling, exchanging, negotiating, processing for resale. or soliciting the sale, resale. exchange, or transfer of any fruits and vegetables purchased from a North Carolina farmer, received on consignment from a North Carolina farmer, or received to be handled on net return basis from al North Carolina farmer.  Carolina.  ofs selling such fruits and vegetables.    (6) "Net return basis" means a purchase for sale of fruits and vegetables from a farmer or shipper at an unfixed or unstated price at the time the fruits and vegetables are shipped from the point of origin, and it shall include all purchases made "at the market price." " "at net worth," and on similar terms, which indicate that the buyer is the final arbiter oft the price to be paid. (7) Processing" means any act or operation that freezes, dehydrates. cans, or otherwise changes the physical form or characteristic ofi fruits and vegetables. (a) Prior to conducting business in North Carolina, a handler shall register with the Department, free of cost, by providing to the Department the following information:  $106-501.2. Registration required.  (1) The handler'sr name.  (2) The handler's principal place of business. (3) The type of fruits and vegetables handled by the handler.  (4) The annual volume, in dollar amount, of fruits and vegetables handled by the (b) A handler shall update the Department within 60 calendar days of any change in (c) A handler shall update the Department of the annual volume required under (d) Information collected under this Article shall be held confidential by the Department  handler in North Carolina.  information required under subdivision (a)(1).(a)2). or (a)3)ofthis section. subdivision (a)(4)ofthis section byl February 1st of each year.  and not subject to public records disclosure. "$106-501.3. Exemptions to registration. This Article shall not apply to:  (1) Af farmer or group of farmers in the sale off fruits and vegetables produced by (2) A handler who pays at the time of purchase with United States cash currency or a cash equivalent, such as a money order, cashier's check, wire transfer, electronic funds transfer,or PIN-based debit transaction, or a credit card. (4) Ar retailer that sells fruits and vegetables to end-use consumers through retail establishments or food stands operated by the company, its affiliates, or  the farmer or group of farmers.  (3) Arestaurant.  subsidiaries.  "$106-501.4. Authority ofthe Board of Agriculture.  The Board of Agriculture may adopt rules to implement this Article.  "$106-501.5. Civil penalties.  (a) The Commissioner may assess a civil penalty of not more than one hundred dollars ($100.00) per violation against any person or business entity who violates a provision of this Article or any rule adopted thereunder. In determining the amount of the penalty, the Commissioner shall consider the degree and extent of] harm caused by the violation. The clear proceeds of civil penalties assessed pursuant to this section shall be remitted to the Civil Penalty (b) Civilp penalties for failure to register or provide updated information under this Article shall only be issued after a 15-calendar-day notice has been provided to the handler and the Ina addition to the remedies provided in this Article and notwithstanding the existence ofa any adequate remedy at law, the Commissioner is authorized to apply to any court of competent jurisdiction, and such court shall have jurisdiction upon hearing and for cause shown to grant, for a temporary or permanent injunction. or both, restraining any person from violating or continuing to violate any of the provisions of this Article or any rule promulgated thereunder.  and Forfeiture Fund in accordance with G.S. 115C-457.2. handler fails to remedy the deficiency within the 15 days.  "$106-501.6. Injunctions.  Such injunction shall be issued without bond."  Page 2  Session Law 2018-113  Senate Bill 711    SECTION 1.(c) This section becomes effective January 1, 2019, and applies to  handlers conducting business in the State on or after that date.  DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES  CONFIDENTIALITY CHANGE  SECTION2. G.S. 106-24.1 reads as rewritten:  "S 106-24.1. Confidentiality ofi information collected and published.  Allinformation published by thel Department of Agriculture and Consumer Services pursuant to this Part shall be classified sO as to prevent the identification of information received from individual farm operators. All information generated by any federal agency received pursuant to this Part-Chapter that is confidential under federal law shall be held confidential by the Department and its mpleyeesemployees. unless confidentiality is waived by the federal agency. All information collected by the Department from farm owners or animal owners, including, but not limited to, certificates of veterinary inspection, animal medical records, laboratory reports received or generated from samples submitted for analysis, or other records that may be used to identify a person or private business entity subject to regulation by the Department shall not be disclosed without the permission of the owner unless the State Veterinarian determines that disclosure is necessary to prevent the spread of an animal disease or to protect the public health, or the disclosure is necessary in the implementation oft these animal health programs." EXEMPT GOTTO! BEI NC. AGRICULTURE MERCHANDISE FROM UMSTEAD ACT (a) Except as may bej provided int this section, it shall bei unlawful for any unit, department or agency of the State government, or any division or subdivision of the unit, department or agency, or any individual employee or employees ofthe unit, department or agency inl his, or her, ort their capacity as employee or employees thereof, to engage directly or indirectly in the sale of goods, wares or merchandise in competition with citizens of the State, or to engage in the operation of restaurants, cafeterias or other eating places in any building owned by or leased in the name of the State, or to maintain service establishments for the rendering of services to the public ordinarily and customarily rendered by private enterprises, or to provide transportation services, or to contract with any person, firm or corporation for the operation or rendering oft the businesses or services on behalf of the unit, department or agency, or to purchase for or sell to any person, firm or corporation any article ofmerchandise in competition with private enterprise. The leasing or subleasing of space in any building owned, leased or operated by any unit, department or agency or division or subdivision thereofofthe State for the purpose of operating or rendering of any ofthe businesses or services herein referred to is hereby prohibited. (b) The provisions of subsection (a) ofthis section shall not apply to:  SECTION3. G.S. 66-58 reads as rewritten:  "S 66-58. Sale of merchandise or services by governmental units.  (13b) The Department of Agriculture and Consumer Services with regard to its (13d) Agricultural centers or livestock facilities operated by the Department of (13e) Thel Department of Agriculture and Consumer Services with regard to its Got  lessees at farmers' markets operated by the Department. (13c) The Western North Carolina Agricultural Center. Agriculture and Consumer Services. tol Be NC Agriculture promotion.  ALLOW DISTRIBUTION OF VERIFIED PROPAGULES BY INDUSTRIAL HEMP  COMMISSION Senate Bill 711  SECTION4. G.S. 106-568.51 reads as rewritten:  Session Law 2018-113  Page 3    "S 106-568.51. Definitions.  The: following definitions apply in this Article:  (1) Certified-seed. néasta-hemp-seedEiied-as-having lasaylnsmmahaie-wdaaspastyiial aa:CiswAwASC4#-aw (2) Commercial use. - The use of industrial hemp as a raw ingredient in the (3) Commission. - The North Carolina Industrial Hemp Commission created by (4) Department. - The North Carolina Department of Agriculture. (5) Grower. - Any person licensed to grow industrial hemp by the Commission (6) Hemp products. - All products made from industrial hemp, including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption, and certified seedverified propagules for cultivation ift the seeds originate from industrial (7) Industrial hemp. - All parts and varieties of the plant Cannabis sativa (L.), cultivated or possessed by a grower licensed by the Commission, whether growing or not, that contain a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis. (7a) Industrial hemp research program. - The research program established (7b) State land grant university. - North Carolina State University and North (8) Tetranydrocannabino. or THC. - The natural or synthetic equivalents of the substances contained in the plant, or in the resinous extractives of, cannabis, or any synthetic substances, compounds, salts, or derivatives of the plant or chemicals and their isomers with similar chemical structure and (9) Verified propagule. - A seed or clone from an industrial hemp plant from which THC concentration samples have been tested bya a qualified laboratory and confirmed as having a delta-9 tetrahydrocannabinol concentration less than that adopted by federal law in the Controlled Substances Act, 21 U.S.C.  production of hemp products. this Article.  pursuant to this Article.  hemp varieties.  pursuant to G.S. 106-568.53(1). Carolina A&T State University.  pharmacological activity.  $801,etseq."  TECHNICAL CORRECTIONS TO FORESTRY STATUTES  SECTION 5.(a) G.S. 106-980(b) reads as rewritten:  "(b) Three or more persons, who associate themselves by an agreement in writing for the purpose, may become aj private limited dividend corporation to finance and carry out projects for the protection and development of forests and for such other related purposes as the Secretary Commissioner shall approve, subject to all the duties, restrictions and liabilities, and possessing all the rights, powers, and privileges, of corporations organized under the general corporation laws of the State of North Carolina, except where such provisions are in conflict with this  Article."  SECTION 5.(b) G.S. 106-981 reads as rewritten:  "$106-981. Manner of organizing.  A corporation formed under this Article shall be organized and incorporated in the manner provided for organization of corporations under the general corporation laws ofthe State ofNorth Carolina, except where such provisions are in conflict with this Article. The certificate of organization of any such corporation shall contain a statement that it is organized under the  Page 4  Session Law 2018-113  Senate Bill 711    provisions of this Article and that it consents to be and shall be at all times subject to the rules and: supervision of the SeerelaryCommisioner. and shall set forth as or among its purposes the protection and development off forests and the purchase, acquisition, sale, conveyance and other dealing in the same and the products therefrom, subject to the rules from time to time imposed  by the eerelayCommisione: "S 106-982. Directors.  SECTION5.) G.S. 106-982 reads as rewritten:  There shall not be less than three directors, one ofwhom shall always be aj person designated  by the erelayCommisionet. which one need not be a stockholder." "S 106-1003. Deposit of receipts with State treasury.  SECTION: 5.(d) G.S. 106-1003 reads as rewritten:  All moneys paid to the Seereiay-Commisione: for services rendered under the provisions ofthis Article shall be deposited into the State treasury to the credit oft the Department."  SECTION 5.(e) G.S. 106-1012(2) reads as rewritten:  "(2) "Approved practices" mean those silvicultural practices approved by the Seriany-Commisioner. for the purpose of commercially growing timber through the establishment off forest stands, ofinsuring the proper regeneration of forest stands to commercial production levels following the harvest of mature timber, or of insuring maximum growth potential of forest stands to commercial production levels. Such practices shall include those required to accomplish site preparation, natural and artificial forestation, noncommercial removal ofresidual stands fors silvicultural purposes, cultivation of established young growth of desirable trees for silvicultural purposes, and improvement ofimmature forest stands for silvicultural purposes. In each case, approved practices will be determined by the needs oft the individual forest stand. These practices shall include existing practices and such practices as are developed in the future to insure both maximum forest productivity and environmental  protection."  DIRECT DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES TO ADDRESS MISLABELING OF. PLANT-BASED PRODUCTS AS "MILK" isn necessary to take steps to assure the continued viability of dairy farming and to assure consumers of an adequate, local supply of pure and wholesome milk. The dairy industry is an essential agricultural activity and dairy farms, and associated suppliers, marketers, processors, and retailers, are an integral component of the region's economy. The North Carolina General Assembly finds that the United States Food and! Drug Administration has not provided consistent guidance to the Department of Agriculture and Consumer Services, dairy farms, associated suppliers, marketers, processors, retailers, and consumers as to the application oft the established standard of identity of milk as defined in 21 C.F.R. $ 131.110. The North Carolina General Assembly seeks to be a national leader in the preservation of the dairy industry while balancing  SECTION 6.(a) Iti is declared to be the policy oft the State ofNorth Carolina that it  the need to maintain interstate commerce.  SECTION 6.(b) The following definitions apply to this section: (I) "Department" means the Department of Agriculture and Consumer Services. (2) "FDA" means the United States Food and Drug Administration. (3) "Milk" means the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy hooved mammals. Hooved mammals include, but are not limited to, the members of the Order Cetartiodactyla, such as: Family Bovidae (cattle, water buffalo, sheep, goats, yaks, etc.), Family Camelidae (llamas, alpacas, camels, etc.), Family Cervidae (deer, reindeer, moose, etc.), and Family Equidae (horses, donkeys, etc.).  Senate Bill711  Session Law 2018-113  Page 5    SECTION 6.(c) In accordance with the established standard of identity for milk  defined in 21 C.F.R. $ 131.110 and the Pasteurized Milk Ordinance, the Department shall immediately develop an enforcement plan to enforce FDA's standard of identity for milk as adopted in the North Carolina Administrative Code to prohibit the sale ofj plant-based products Department shall begin toi implement its enforcement plan, which shall include, but ist not limited to, notification of the Department's intent to embargo all mislabeled products offered for sale in this State. All plant-based products displayed for sale in this State shall be labeled in accordance with FDA's standard of identity for milk and the Pasteurized Milk Ordinance no later than six law of a mandatory labeling requirement to prohibit the sale of plant-based products mislabeled asi milk that is consistent with this section by any 11 ofthe group ofstates composed ofAlabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia. The remainder of this section is  mislabeled as milk.  SECTION 6.(d) No later than 90 days after the effective date oft this subsection, the  months after the effective date oft this section.  SECTION 6.(e) Subsection (d) of this section is effective upon the enactment into  effective when it becomes law. authority to enforce its laws and regulations.  SECTION 6.(f) Nothing in this section shall be construed to limit the Department's  SET QUORUM FOR AGRICULTURE AND FORESTRY AWARENESS STUDY  COMMISSION  SECTION7. G.S. 120-150: reads as rewritten:  "S 120-150. Creation; appointment of members.  There is created an Agriculture and Forestry Awareness Study Commission. Members ofthe Commission shall be citizens of North Carolina who are interested in the vitality of the agriculture and forestry sectors ofthe State's economy. Members shall be as follows:  (I) Three appointed by the Governor. (2) Three appointed by the President Pro Tempore of the Senate. (3) Three appointed by the Speaker ofthe House. (4) The chairs of the House Agriculture Committee.  (5) The chairs ofthe Senate Committee on Agriculture, Environment, and Natural (6) The Commissioner of Agriculture or the Commissioner's designee. (7) At member ofthe Board of Agriculture designated by the chair of the Board of (8) The President of the North Carolina Farm Bureau Federation, Inc., or the (9) The President of the North Carolina State Grange or the President's designee. (10) The Secretary of Environmental Quality or the Secretary's designee. (11) The President of the North Carolina Forestry Association, Inc., or the Members shall be appointed for two-year terms beginning October 1 of each odd-numbered year. The Chairs of the House Agriculture Committee and the Chairs of the Senate Committee on Agriculture, Environment, and Natural Resources shall serve as cochairs. The President Pro Tempore of the Senate and the Speaker of the House of Representatives may each appoint an additional member oft the Senate and House, respectively, to serve as cochair. Ifappointed, these cochairs shall be voting members of the Commission._ A quorum of the Commission is nine AGRICULTURE AND FORESTRY AWARENESS STUDY COMMISSION STUDIES  Resources. Agriculture. President's designee.  President's designee.  members."  Page 6  Session Law 2018-113  Senate Bill 711    SECTION 8.(a) The Agriculture and Forestry Awareness Study Commission shall (I) Requiring the holders of unused rights-of-way and utility easements to offer the easements to the underlying property owners for fair market value. (2) The advisability of excluding property enrolled inj present use value taxation from rural fire protection district and county service district taxes. SECTION 8.(b) The Agriculture and Forestry Awareness Study Commission shall  study all oft the following matters:  complete the studies required by subsection (a) of this section and report its findings and recommendations, including any legislative proposals, to the General Assembly by January 1,  2019.  MANDATORY RECORD NOTICE OF PROXIMITY TO FARMLANDS  SECTION9. G.S. 106-741 reads as rewritten:  "$106-741. Record notice of proximity to farmlands.  (a) AyyhsawPawt-yidwAl counties shall require that land records include some form ofnotice reasonably calculated to alert aj person researching the title of a particular tract that such tract is located within one-half mile ofaj poultry, swine, or dairy qualifying farm or within 600 feet of any other qualifying farm or (b) Inr no event shall the county or any ofi its officers, employees, or agents be held liable in damages for any misfeasance, malfeasance, or nonfeasance occurring in good faith in connection with the duties or obligations imposed by any ordinance adopted under subsection (c) In no event shall any cause of action arise out of the failure of a person researching the title ofap particular tract to report to any person the proximity oft the tract to a qualifying farm (d) Inr no event shall any cause ofaction arise out oft the failure ofap person licensed under Chapters 93A or 93E of the General Statutes for failure to report to any person the proximityof atract to a qualifying farm or voluntary agricultural district as defined in this Article."  within one-halfr mile ofa voluntary agricultural district.  (a).  or voluntary agricultural district as defined int this Article.  AMEND NORTH CAROLINA RIGHT TO FARM: LAW  SECTION 10.(a) G.S. 106-701 reads as rewritten:  "S 106-701. WAeEEMeaNd rymt,w-w, changedeendtiemsineahetielalityousiefheperasien-iphttofarm (a) Noagiculumelorferstyepesionerayeefis-p-stemaesesshallbeerbasemee RsaRee/PHvAe-eFPpabis,lymnyahangst-comditoms-inorahet-helseality-iiside-efthe peratiemaertheepeaehateinemineperaio-ermoretharoneyewwhersueh-eperation we-moHamenanseatthe-meiepenten.egw-Nonuisance action mayb be filed againsta an  defense; nuisance: actions.  agricultural or forestryoperation unless all ofthe following apply:  (1) Thep plaintiffisal legal possessor ofther real property affected byt the conditions (2) The real property affected by the conditions alleged tol be ar nuisance is located within one half-mile of the source of the activity or structure alleged to bea (3) The action is filed within one year of the establishment of the agricultural or forestry operation or within one year of the operation undergoing a (al) The Prevsies-eFsabsestiet/dFHHresienshal-metepPy-wher-the-plainif derenststesthattheagisahimaerfouretyepeatioharumdergemea-amdementa-ehange-A  alleged to be a nuisance.  nuisance.  fundamental change.  Senate Bill711  Session Law 2018-113  Page 7    For the purposes ofsubsection (a)ofthiss section, a fundamental change tot the operation does not  include any of the following:  (1) Ac change in ownership or size. (4) Employment of new technology.  (2) An interruption ofi farming for aj period ofr no more than three years. (3) Participation in a goverment-sponsored agricultural program. (5) A change int the type ofagricultural orf forestry product produced. (a2) Theprevisiemsefsubseotofaiaasomashalmstepytwhemeveramuisanse a-om-aenepigmimpprpaseeypsphulmerkaermsyepesioneris (b) For the purposes ofthis Article, "agricultural operation" includes, without limitation, any facility for the production for commercial purposes of crops, livestock, poultry, livestock (b1) For the purposes of this Article, "forestry. operation" shall mean those activities (c) Thej provisions ofs subsection (a) shall not affect or defeat the right ofany person, firm, or corporation to recover damages for any injuries or damages sustained by him on account of any pollution of, or change in condition of, the waters of any stream or on the account of any (d) Any and all ordinances of any unit of local government now in effect or hereafter adopted that would make the operation of any such agricultural or forestry operation or its appurtenances a nuisance or providing for abatement thereof as a nuisance in the circumstance set forth in this section are and shall be null and veitprevided,"heweyet,thatthe-previsins-ef Hisshsion-haikastePbhwwiawede-mgigmte-impepe peratien-oany-suehageatumalorfereseyepemsienerrayefiseppurennanees-Previded further,void. Provided, however, that the provisions shall not apply whenever: a nuisance results from an agricultural or forestry operation located within the corporate limits of any city at the (e) This section shall not be construed to invalidate any contracts heretofore made but insofar as contracts are concerned, it is only applicable to contracts and agreements to be made (f) In a nuisance action against an agricultural or forestry operation, the court shall award (1) The agricultural or forestry operation when the court finds the operation was not ai nuisance and the nuisance action was frivolous or malicious; or (2) The plaintiff when the court finds the agricultural or forestry operation was a nuisance and the operation asserted an affirmative defense in the nuisance  appurtenanees  products, or poultry products.  involved in the growing, managing, and harvesting oft trees.  overflow of lands of any such person, firm, or corporation.  time ofe enactment hereof. in the future.  costs and expenses, including reasonable attorneys' fees, to:  action that was frivolous and malicious." SECTION 10.(b) G.S. 106-702 reads as rewritten:  "S 106-702. Limitations on private nuisance actions against agricultural and forestry (a) The compensatory damages that may be awarded to a plaintiff for a private nuisance action where the alleged nuisance emanated from an agricultural or forestry operation shall be as  operations.  follows:  (1) If the nuisance is a permanent nuisance, compensatory damages shall be measured by the reduction in the fair market value of the plaintiff's property caused by the nuisance, but not to exceed the fair market value ofthe property. (2) If the nuisance is a temporary nuisance, compensatory damages shall be limited to the diminution of the fair rental value of the plaintiff's property  caused by the nuisance.  Page 8  Session Law 2018-113  Senate Bill 711    (al) Aplaintiff may not recover punitive damages foray private nuisance action where the alleged nuisance emanated from an agricultural or forestryo operation that has not been subjectto acriminal conviction or a civil enforcement action taken by a State or federal environmental regulatory agency pursuant to a notice of violation for the conduct alleged tol be the source ofthe nuisance within the three years prior to the first act on which the nuisance action is based. (b) Ifany plaintiff or plaintiffs successor ini interest brings a subsequent private nuisance action against any agricultural ori forestry operation, the combined recovery from all such actions shall not exceed the fair market value ofhis or her property. This limitation applies regardless of whether the subsequent action or actions were brought against a different defendant than the (c) This Article shall apply to any private nuisance claim brought against any party based on that party's contractual or business relationship with an agricultural or forestry operation. (d) This Article does not apply to any cause of action brought against an agricultural or forestry operation for negligence, trespass, personal injury, strict liability, or other cause ofaction for tort liability other than nuisance, nor does this Article prohibit or limit any request for  preceding action or actions.  injunctive elieferpunitivedemedemages-thatarethat is otherwise available."  SECTION 10.(c) This section is effective when it becomes law and applies to causes  ofaction commenced on or after that date.  AMEND SOIL AND WATER CONSERVATION DISTRICT SUPERVISOR  CONTINUING EDUCATION REQUIREMENTS  SECTION 12. G.S. 139-7.2 reads as rewritten:  "S 139-7.2. Training ofe elective and appointive district supervisors. six clock hours oft training annually-per term ofservice. duties and responsibilities of district supervisors.  (a) All district supervisors, whether elected or appointed, shall complete a minimum of (b) The training shall include soil, water, and natural resources conservation and the (C) Thetraining may bej provided by the School ofGovernment: at thel University ofNorth Carolina at Chapel Hill, or other qualified sources as approved by the Soil and Water. PROVIDE UNIFORMITY TO ASSESSMENT OF FARM: MACHINERY "S 105-317.1. Appraisal of personal property; elements to be considered.  SECTION 14.(a) G.S. 105-317.1 reads as rewritten:  (a) Appraisal Elements. - Whenever any personal property is appraised it shall be the duty oft the persons making appraisals to consider the following as to each item (or lot ofs similar  items):  (1) The replacement cost of thej property; (2) The sale price of similar property; (3) The age ofthe property; (4) The physical condition oft the property; (5) The productivity oft the property; (6) The remaining life ofthe property; (7) The effect of obsolescence on the property; industrial, commercial, or other purposes; and (9) Any other factor that may affect the value oft the property.  (8) The economic utility oft the property, that is, its usability and adaptability for (b) Business Property. - In determining the true value of taxable tangible personal property held and used in connection with the mercantile, manufacturing, producing, processing, or other business enterprise ofany taxpayer, thej persons making the appraisal shall consider any information as reflected by the taxpayer's records and as reported by the" taxpayer to the North Carolina Department of Revenue and to the Internal Revenue Service for income tax purposes,  Senate Bill 711  Session Law 2018-113  Page 9    taking into account the accuracy of the taxpayer's records, the taxpayer's method of accounting, (b1) Farm Equipment. - In determining the true value of taxable farm equipment, the person making the appraisal may use any oft the appraisal methods listed ins subsection (a) ofthis section and must consider relevant taxpayer information as required under subsection (b)ofthis section. The Department must publish a depreciation schedule for farm equipment to assist counties that use the cost approach to appraise this equipment. The Department must make the schedule available electronically on its Web site. A county that uses a cost approach method to appraise this equipment must use the depreciations schedule published pursuant to this subsection. (c) Appeal Process. - A taxpayer who owns personal property taxable int the county may appeal the value, situs, or taxability of the property within 30 days after the date of the initial notice of value. Ifthe assessor does not give separate written notice oft the value to the taxpayer at the taxpayer's last known address, then the tax bill serves as notice oft the value oft the personal property. The notice must contain a statement that the taxpayer may appeal the value, situs, or taxability of the property within 30 days after the date of the notice. Upon receipt of a timely appeal, the assessor must arrange a conference with the taxpayer to afford the taxpayer the opportunity to present any evidence or argument regarding the value, situs, or taxability of the property. Within 30 days after the conference, the assessor must give written notice to the taxpayer of the assessor's final decision. Written notice of the decision is not required if the taxpayer signs an agreement accepting the value, situs, or taxability of the property. If an agreement is not reached, the taxpayer has 30 days from the date of the notice oft the assessor's final decision to request review oft that decision by the board of equalization and review or, if that board is noti in session, by the board ofcounty commissioners. Unless the request for review is given at the conference, it must be made in writing to the assessor. Upon receipt ofa timely request for review, the provisions of G.S. 105-322 or G.S. 105-325, as appropriate, must be  and the level oftrade at which the taxpayer does business.  followed."  SECTION 14.(b) This section is effective for taxes imposed for taxable years  beginning on or after. July 1,2019.  CLARIFY CEMETERY PROPERTY TAX. EXEMPTION  SECTION 15. G.S. 105-278.2(a) reads as rewritten:  "(a) Real property set apart for burial purposes shall be exempted from taxation unless it is owned and held for purposes of (i) sale or rental or (ii) sale of burial rights therein. No application is required under G.S. 105-282.11 for property exemptunder this subsection., Acounty cannot deny the exemption provided under this subsection to a taxpayer that lacks a surveyor LAWENFORCEMENT MUTUAL AID AND VETERINARIAN COMITY. FOR WORLD  plat detailing the exempt property." EQUESTRIAN GAMES by adding a new section to read:  SECTION 15.1.(a) Article 10 of Chapter 153A oft the General Statutes is amended  "S 153A-212.5. Mutual aid assistance by out-of-state law enforcement officers for (a) Any law enforcement agency may request and enter into intergovernmental law enforcement mutual aid agreements with out-of-state law enforcement agencies or out-of-state law enforcement officers to aid in enforcing the laws ofNorth Carolina within thej jurisdiction of the requesting law enforcement agency for maintaining security and safety for an international (b) Ayintergovermenta. law enforcement mutual aid agreement entered into under this  international equestrian event.  equestrian event.  section shall be in writing and may be comprised of any ofthe following:  Page 10  Session Law 2018-113  Senate Bill 711    (1) Allowing out-of-state law enforcement officers to work temporarily with officers ofthe requesting law enforcement agency, including in an undercover (2) Furnishing, lending, or exchanging supplies. equipment, facilities. personnel, (3) Reciprocal law enforcement mutual aid and assistance between law (c) Anyi intergovernmental law enforcement mutual aid agreement entered into under this (1) Standards of conduct for the out-of-state law enforcement officers, including the requesting law enforcement agencies' policies regarding the use off force. (2) Training requirements, as prescribed by the requesting law enforcement (3) Reimbursement of costs and expenses for supplies, equipment, facilities. personnel, services, and similar items iffurnished, lent, or exchanged as part ofthe intergovernmental law enforcement mutual aid agreement. (4) Protocols for processing claims made against or by the out-of-state law (5) Approval oft the governing body, ift the law enforcement agency is a sheriff or (d) While working with the requesting law enforcement agency under the authority of this section, an out-of-state law enforcement officer shall have the same jurisdiction, powers, rights, privileges, and immunities. including those relating to the defense of civil actions and payment ofjudgments. as the officers of the requesting law enforcement agency. While on duty with the requesting law enforcement agency, the out-of-state law enforcement officer shall be subject tot the lawful operational commands oft the requesting law enforcement agency. (e) Notwithstanding the provisions of Chapter 17C and Chapter 17E of the General Statutes, out-of-state law enforcement officers certified and sworn in the officers' home jurisdiction and subject to the provisions of an intergovernmental law enforcement mutual aid agreement under this section shall be deemed to have met the certification requirements oft this State for the purposes of being sworn as a law enforcement officer with the requesting law (f) Notwithstanding the provisions of G.S. 128-1 and G.S. 128-1.1(c1), out-of-state law enforcement officers shall be authorized to hold dual offices when one oft the appointive offices held is that ofa out-of-state law enforcement officer and the other appointive office is that ofa law enforcement officer for a law enforcement agency authorized to enter into an intergovernmental law enforcement mutual aid agreement under this section. (g) This section in no way reduces the jurisdiction or authority of State law enforcement (h) As used in this section, the following definitions apply:  capacity.  and services as may be needed. enforcement agencies.  section shall address all oft the following:  agency.  enforcement officer. municipal police force.  enforcement agency.  officers.  Law enforcement agency,- Any oft the following:  a.  The Highway Patrol, as established by Article 4 of Chapter 20 oft the b. As sheriff serving a county sharing a border with another state and which county is the site of an equestrian event with worldwide C. Amunicipal police department for a municipality located, in wholeor part, in a county sharing a border with another state and which municipality is the site of an equestrian event with worldwide  General Statutes. participants.  participants.  Senate Bill 711  Session Law 2018-113  Page 11    (2) Out-of-state law enforcement agency. - Ane employer whichi isag governmental agency outside oft this State that meets all oft the following criteria: a. Isa assigned primary duties and responsibilities for prevention and detection of crime or the general enforcement of the criminal laws of the home jurisdiction or serving civil processes. b. Has employees who possess the power of arrest by virtue of an oath administered under the authority oft the home jurisdiction. (3) Out-of-state law enforcement officer. - A full-time paid employee of a governmental employer who meets all of the following.criteria: a. Isa actively serving in a position with assigned primary duties and responsibilities for prevention and detection of crime or the general enforcement oft the criminal laws of the officer's home jurisdictionor Possesses the power ofarrest by virtue of an oath administered under C. Ising good standing and has no pending civil, criminal, or departmental action that would disqualify the officer ift the officer were certified by  serving civil processes.  b.  the authority oft the home jurisdiction.  this State."  SECTION 15.1.(b) Article 11 of Chapter 90 of the General Statutes is amended by  adding a new: section to read:  "$90-187.3A. Comity for out-of-state veterinarians and international veterinarians for (a) Any nonresident veterinarian validly licensed in another state, territory, or district of the United States or a foreign country may submit to the Board an application for a licensure to (b) The Board shall issue, without written examination, a license to practice veterinary medicine in this State to a nonresident veterinarian validly licensed in another state, territory.or district of the United States or a foreign country who submits an application for licensure. The Board shall not charge the fee authorized in G.S. 90-186(6)e. for the issuance ofal license under  international equestrian event.  practice veterinary medicine in this State.  this section." October 1, 2018.  SECTION 15.1.(c) This section is effective when it becomes law and expires  ALLOW THE DISPENSING OF RAW MILK AND RAW MILK PRODUCTS TO INDEPENDENT OR PARTIAL OWNERS OF LACTATING ANIMALS FOR  PERSONAL USE OR CONSUMPTION "S 106-266.35. Sale or dispensing of milk.  SECTION 15.2.(a) G.S. 106-266.35 reads as rewritten: (a) Except as provided ins subsection (d) ofthis section:  (1) Only milk that is Grade "A" pasteurized milk may be sold or dispensed 2) Raw milk and raw milk products shall be sold or dispensed only to aj permitted milk hauler or to a processing facility at which the processing of milk is permitted, graded, or regulated by al local, State, or federal agency.  directly to consumers for human consumption.  (b) The Board of Agriculture may adopt rules to provide exceptions for dispensing raw milk and raw milk products for nonhuman consumption. Any raw milk or raw milk product dispensed as animal feed shall include on its label the statement "NOT FOR HUMAN CONSUMPTION" in letters at least one-half inch in height. Any raw milk or raw milk product dispensed as animal feed shall also include on its label the statement "IT IS NOT LEGAL TO SELL RAW MILK FOR HUMAN CONSUMPTION IN NORTH CAROLINA." "Sale"This  Page 12  Session Law 2018-113  Senate Bill 711    labelingrequirement does not apply to raw milk or raw milk products dispensed for personal use orconsumption to the independent or partial owner ofac COW, goat, or other lactating animal. (c) As used in this section, the term "sale" or "sold" shall-meanmeans any transaction that involves the transfer or dispensing of milk and milk products or the right to acquire milk and milk products through barter or contractual arrangement or in exchange for any other form of emgesisminahdimghamtwisdwaefawriaiawgesersle actatingamimalerherécompensation. The térm "sale" or' "sold" doesn not include the transfero or dispensing of raw milk or raw milk products to. or the right to acquire raw milk or raw milk products by, the independent or partial owner ofa COW, goat, or other lactatinganimal. (d) Nothing int this section shall prohibit the dispensing ofr rawmilk or raw milk products for personal use or consumption to, or the acquisition of raw milk or raw milk products for personal use orc consumption by,ani independent or partial owner ofac cow.goat, or otherlactating  animal."  SECTION 15.2.(b) This section becomes effective October 1,2018.  SEVERABILITY CLAUSE AND EFFECTIVE DATE  SECTION1 16.(a) Ifany provision ofthis act or1 the application thereoft to any person  or circumstances is held invalid, such invalidity shall not affect other provisions or applications ofthis act which can be given effect without the invalid provision or application, and, to this end,  the provisions ofthis act are declared to be severable.  SECTION16.() Except as otherwise provided, this act is effective when it becomes Int the General Assembly read three times and ratified this the 15th day of] June, 2018.  law.  s/ Philip E. Berger  President Pro Tempore oft the Senate  s/ Tim Moore  Speaker oft the House of] Representatives  VETO Roy Cooper Governor  Became law notwithstanding the objections of the Governor at 11:13 a.m. this 27th  day ofJune, 2018.  s/ James White House Principal Clerk  Senate Bill 711  Session Law 2018-113  Page 13    RESOLUTION  WHEREAS, agriculture and agribusiness is the number one industry in North Carolina WHEREAS, we enjoy at food supply that is abundant, affordable and among the world's safest, thanks in large part to the efficiency and productivity of North Carolina's farmers; and WHEREAS, our farmers provide the food, fuel and fiber for our state and our country; WHEREAS, agriculture touches the life of everyoneAwhether it be in our daily meals or WHEREAS, farming supports other community businessesnd the local economy; and WHEREAS, it is estimated that we are going to need to increasefood production by at WHEREAS, we are losing farmland at an alarming rateand it is gettingprogressively WHEREAS, we need to magrNiget our farmers, and encourage  contributing $85 billion to our State's economy; and  and  the clothes we wear; and  least 70 percent by 2050 to meet the growing world food demands; and more difficult to recruit and retain farmers willing to workpurs state's land; and  asafe and abundant food supply.  -  NOW, THEREFORE, BEYAESOUVEDAPEMe support the pasageas871l,teNC Farm Actof2018.  do hereby    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETINGDATE: September 11, 2018 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Consent Agenda  DEPARTMENT) HEAD COMMENTS/RECOMMENDATION: A. Finance - Consideration of budget amendments #38 through #45, per B. Tax releases - Consideration of tax releases for August 2018 in the amount of C. Ad valorem tax collection report - Attachment 12C (this item does not require  Attachment 12A.  $9,075.88, per. Attachment 12B.  board approval).  COUNTY MANAGER'S COMMENTS/RECOMMENDATION:  Attachments  X Yes  No  Agenda Item 12 (A)(B) and (C)    MACONCOUNTY BUDGET AMENDMENT  August 23,2018  AMENDMENTE FROM: FINANCE DEPARTMENT: EXPLANATION: 11-5314-5675-19 11-3561-4389-25 11-5314-5675-30 11-3561-4389-30  38  SOCIAL: SERVICES Foster Care donation, daycare subsidy allowance DESCRIPTION FOSTER CARE-GENERAL FOSTER CARE-GENERAL DAYCARE SUBSIDY DAYCARE SUBSIDY  INCREASE $ 500 $500 $5,000 $5,000  DECREASE  REQUESTED BY DEPARIMENTHEAD RECOMMENDED EYFINANCEOFHICER APPROVEDBY COUNTY MANAGER ACTIONBYI BOARDOF COMMISSIONERS APPROVED AND] ENTERED ON MINUTESDATED  L A LK  gluhg merby  CLERK    MACON COUNTY BUDGETAMENDMENT  AMENDMENT FROM: M.CHRISSTAHL DEPARTMENT: SOLID WASTE EXPLANATION:  39  INSURANCESETIEMENT FROM A VEHICLE ACCIDENTY AT  THEHIGHLANDSROAD CONVENIENCE ÇENTER. FENCE  REPLACEMENT DESCRIPTION INSURANCE SETTLEMENT OPERATING  ACCOUNT 603839 485000 60 4715.556011  INCREASE 5368. 5368,  DECREASE  REQUESTED BY DEPARIMENTHEAD RECOMMENDED BYI FINANCEOFFICER APPROVED BY COUNTY MANAGER  2Ahic Reundhaer  ACTION BY BOARD OF COMMISSIONERS quis mhy  APPROVED AND ENTERED ONI MINUTESDATED  CLERK    MACON COUNTY BUDGET AMENDMENT  AMENDMENT! FROM: M. CHRIS STAHL DBPARTMENT: SOLID WASTE  4o  EXPLANATION: FY 18-19, INSURANCE SETTLEMENT FROMHIGHLANDS RD CENTER  VEHICLE. ACCIDENT DESCRIPTION OPERATING  ACCOUNT 604715:556011 603839 485000  INCREASE 275 275  DECREASE  INSURANCE SETTLEMENT  REQUESTED BY DEPARTMENT HEAD APPROVED BY COUNTY MANAGER ACTION! BY BOARD OF COMMISSIONERS APPROVED ANDI ENTERED! ON MINUTES DATED  dhlt Cd  RECOMMENDED BY FINANCE OFFICER Aaunor  glidhis meby  CLERK    MACON COUNTY BUDGET AMENDMENT  AMENDMENT; # FROM: FINANCE DEPARTMENT: TRANSIT  AI  EXPLANATION: Appropriate: insurance. settlement funds reçeived for" Transit van:  ACCOUNT 11-3839-4850-00 11-4935-5565-03  DESCRIPTION Insurance Settlement Vehicle Repairs & Maintance  INCREASE DECREASE $ 1,814.00 $ 1,814.00  REQUESTED BY DEPARTMENT HEAD:_Kim Angel  RECOMMENDED BY FINANCE OFFICER: Reabl  APPROVED BY GOUNTY MANAGER:  ACTION BY BOARD OF COMMISSIONERS glihe mefns  APPROVED AND ENTERED ON MUNIS DATED:  CLERK    MACONICOUNTY BUDGET AMENDMENT  F19  AMENDMENT: # DEPARTMENT: HEALTH EXPLANATION:  Aa  Need to roll unexpended grant money to current FY  ACCOUNT 115125-558901 113511-426001  DESCRIPTION Travel  INCREASE  DECREASE 90 90  Tobacco Grant  REQUESTED BY DEPARTMENT HEAD RECOMMENDED BY FINANCEOFFICER APPROVEDI BY COUNTY MANAGER ACTION BY BOARDOF COMMISSIONERS APPROVED AND ENTERED ON MINUTES DATED  F  gluis mu-fing  CLERK    MACON COUNTY BUDGET. AMENDMENT  AMENDMENT #. DEPARIMENT: HEALTH EXPLANATION:  F419  43  Need to roll unexpended grant money to current FY.  ACCOUNT 115128-565025 115128-565026 115128-565027 115128-565028 113511-438560  DESCRIPTION Lifestyle Change Strategies Community Clinic Linkage Health System Interventions Environmental Strategies 1422 Grant Revenue Account  INCREASE  DECREASE 725 345 43 33 1146  REQUESTED BY DEPARTMENT HEAD RECOMMENDED BY INANCEOFFICER APPROVED BY COUNTY MANAGER  FR  ACTION BY BOARDOF COMMISSIONERS glula metbny  APPROVED AND ENTERED: ON MINUTES DATED  CLERK    MACON COUNTY BUDGET AMENDMENT  A"  Date:  8/9/2018  AMENDMENT# DEPARTMENT: HEALTH  44  Need. to. roil unexpendedEvergreen Foundation Grant Money tow current FY.  ACCOUNT 113840-417900 115168-565007  DESCRIPTION Fund Balance Appropriated Evergreen Foundation Grant  INCREASE $ 8,767.00 $ 8,767.00  DECREASE.  REQUESTEDI BYJ DEPARTMENT HEAD RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNTY MANAGER  LA  Keurdae  ACTIONBY BOARD:OF COMMISSIONERS gluig meriny  APPROVED. AND. PTIREDONMNUITESDATD  CLERK    MACON-COUNTYBUDGET: AMENDMENT AMENDMENT# DEPARTMENT EXPLANATION ACEOUNT  Special Appropriations Carrytorward unexpended funds to new FY.  DESCRIPTION:  INCREASE  DECREASE 11,622 11,622  119200 575071 CULLASAJA COMMUNITY. ASSOCIATION 113840 417900FUND! BALANCE: APPROPRIATED  REQUESTED BY DEPARTMENT HEAD RECOMMENDED BYF FINANCE: OFFICER asANgRLE APPROVED BY COUNTY MANAGER ACTION BY BOARD OF COMMISSIONERS AlI8 APPROVED & ENTERED: ON MINUTES DATED  mebny  CLERK,    Maçon County Tax Office 5 West Main! Street Franklin, NÇ 28734  Phone: (828)349-2149 Fax: (828)3 349-2564- inctoelgmacomcerg  TO: FROM: DATE: RE:  MACON COUNTYCOMMISIONERS Macon County Tax Office Teresa McDowell, Tax Collections! Supervisor September 5, 2018 Releases  Attached please find the report ofr releases for real estate that require your approval in order to continue with the process of releasing these amounts from. the tax accounts. Please feel free to contact mei ifyou should have any questions regarding these releases. The report of releases formatted in  alphabetical order is attached.  AMOUNT OF RELEASES FOR. AUGUST,2018: $9,075.88    Tax Collections 09/04/18 Group Number REL*18*08 Seq Date Account Taxbill Nbr Number Number 08/15/18 93003 BALDNIN, SHIRLEY BRADSHAW KEITH a BURKBTT, HARTING T TR CLARK, EDDIE CLARK, EDDIE CLARK, EDDIE 22 08/23/18 40399 15A40399.11 CLARK, EDDIE 23 08/23/18 40399. 14A40399.11 CLARK, EDDIE 18 OB/23/18 18458 18A6583689565 COOR, LOUISE M 08/02/18 141402 1BA6593753486  Detail. Transactione by Groupi Abatement Tax Transaction Code Amount. Go1 208.17- 208.17- 0.00 F09 38..35- G01 1029.55- 1029.55- 0.00 G01 275.38- 275.38- 0.00 F02 60.36- G01 7.77- F08 2.45- LO1 95.00- 105,22- G01 7.49- FO8 2.37- L01 95.00- 104.86- G01 B.89- FO8 2.81- LO1 95.00- 106.70- G01 9.54- FO8 3.02- LO1 72.00- 84.56- G01 8.00- F08 2.41- LO1 72.00- 82.41- F01 32.75-  RTC020303 Page  Effective Date 08/01/18  Levy Penalty Addl Interest Discnt Trn Check Trans Amount Amount Chgs Amount Amourt Cde Number Descriptn. Rev  0.001 0.00' 0.00 0.00 0.00. 0,00 0.00 0.00 0.00 0,00 0..00 0.00 0.00 0.00 0.00 0.00 0.00: 0.00  38.35- 0.00  246.52- 246.52- 0.00 0.00 0.00 0.00 R CLERICA 1029.55- 1029.55- 0.00 0.00 0:00 0.00 R CLERICA 335.74- 335.74- 0.00 0.00 0,00 0.00 R CLERICA  12 08/17/18 96058 18A96058.01 29 08/28/18 118133- 18A6592994491 19 08/23/18 40399 18A40399.11 20 08/23/18 40399 17A40399.11 21 08/23/18 40399  60.36- 0.00 7.77- 0.00 2.45- 0.00 7.49- 0.00 2.37- 0.00 8.89- 0.00 2.81- 0.00 9.54- 0.00 3.02- 0.00 8.00- 0.00 2.41- 0.00 32.75- 0,00  0.00 95.00- 0.00 10.22- 0.00 95.00- 0.00 0.00 R CLERICA 0.00 95.00- 0.00 9.86- 0,00 95.00- 0.00 0.00 R CLERICA 0.00 95,00- 0.00 11.70- 0.00 95.00- 0.00 0.00 R CLERICA. 0.00 72.00- 0.00 12.56- 0.00 72.00- 0.00 0.00 R CLERICA 0.00 72.00- 0.00. 10.41- 0.00 72.00- 0.00 0.00 R CLERICA  GO1 209..71- 209.71- 0.00 GO1 100.09- 100.09- 0.00  242..46- 242.46- 0.00 0.00 0.00 0.00 R CLERICA    Tax Collections 09/04/18 Group Number REL*18*0B Seq. Date. Acçount: Taxbill Nbr Number Number *** DONCAN, FINLEY J: 25 08/24/18 142165 18A142165.05 E-Z-GO A DIVISION OF TEXTRON 27 08/27/18 21499 18A6594074511 FRANKLIN CHAMBER OF COMMERCE 08/01/18 60263 18A7408595540 HARMON, JACK C  Detail Traneactions by Group Abatement Tax Transaction Code Amount F10 L02  RTC020303 Page Effective Date 08/01/18  Levy Penalty Add1 Interest Discnt Check Ampunt. Amount Chgs Amoynt Amount Tm Cde Number Trans Descriptn Rev  122.03- 122.03- 0.00 0.00 0.00 0.00 R CLERICA 187.14- 187.14- 0.00 0.00 0.00 0.00 R CLERICA 1658.88- 1563.88- a.00 95..00- 0.00 0.00. R. CLERICA 418.18- 418.18- 0.00 Q.00 0.00 0.00 R CL.ERICA 261.90- 261.90- 0.00 0.00 0.00 0.00 R CLERICA 115.41- 115.41- 0.00 0.00 0.00 0.00 R CLERICA 126.90- 115.36- 11.54- 0.00 0.00 0.00 R CLERICA. 126.90- 115.36- 11.54- 0.00 0.00 0.00 R CLERICA 1253.19- 1253.19- 0.00 0.00 0.00 0.00 R CLERICA  G01 181.52- 181.52- 0.00 G01 1352.65- 1352.65- 0.00 F01 211.23- 211.23- 0.00 G01 367,07- 367.07- 0.00 E06 51.11- 51.11- 0.00 G01 174.50- 174.50- 0.00 F10 5.40- HO1 82.00- G01 111.95- 111.95- 0.00 F10 3.46- G01 123.10- 111.91- 11.19- Fi0 3.80- G0I 123.10- 111.91- 11.19- F10 3.80- G01 834.98- 834.98- 0.00 F10 25.84- HO1 392.37- 392.37- 0.00 G01 F05  0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00  5.62- 95.00-  5.62- 0.00  0.00 95.00- 0.00  11 08/17/18 42094  5.40- 0.00 82.00- Q.00 3.46- 0.00 3.45- 0.35- 3.45- 0.35- 25.84- 0.00 5.20- 0.00 1.01- 0.00  COUNTRY CLUB, ING  13 08/20/18 95987 16A95987.05 14 08/20/18 95987 17A95987.05 15 08/20/18 95987 18A95987.05 ** 31. 08/31/1B 138950  HIGHLANDS MEDICAL HIGHLANDS. MEDICAL HIGHIANDS MEDICAL  HIGHLANDS PERPORMING ARTS: CTR JOHNSON, NANCY SUE  26 08/24/18 119264 18A119264.08  5.20- 1.01- 6.21-  6.21- 0.00 0.00 0.00 0.00 R CLERICA    08/08/18 133547 18A7506707173  Go1 109.27- 109,27- 0.00  0.00    Tax Collections 09/04/18 Group Number REL*18*08 Seq Date- Account Taxbill Nbr  Detail Transactions by Group Abatement. Tax Transaction Code Amount F01 17.06- G01 3.87- F01 0.-60- LO1 95,00- 99.47- LO2 95.00- 95.00- G01 168.20- 168.20- 0.00 F06 23.42- G01 172.09- 172.09- 0.00 F03 32..05- G01 756.14- 756.14- 0.00 F10 23.40- H01 355.32- 355.32- 0.00 G01 333.81- 333.81- G.00 F07 96.51- Go1 15.36- F03 2.86- 18.22- G01 14.96- F06 2.08- 17.04- GO1 12.28- F02 2.69- 14.97-  RTC020303 Page 3  Effective Date 0B/01/18  Levy Penalty Addi Interest: Discnt Trn Check Aount Amount Chgs. Amount Amount Cde Number Trans Deecriptn Rev  Number Number KOVAC, TERESA GAIL 08/09/18 97365 18A97365.12 MCDANIEL, WAYNE. 2 08/01/18 139157 18A139157.01 MEDVED, CATHY 08/08/18 7472 18A7419279136 MILLER, RICHARD & ALICE 28 08/28/18 6310 18A6590109520 NEWMAN, CARL EJR 30 08/31/18 139660 18A7540419987 PERFORMING ARTS CENTER, INC. 08/16/18 15583 18A6555779039 RADECKI, JOSEPH J JR & MELISSA 16 08/21/18 66628 18A66628.07 STANLEY, ROBERT HUGH II 17 08/21/18 104410 SUMNER, ROGER 3 08/01/18 17064 18A17064.01 WICE, DOUGLAS C & AUDREY L  17.06- 0.00 3.87- 0.00 0.60- 0.00  a.00 0,00 0.00  126.33- 126.33- 0.00 0.00 0.00: 0.00 R CLERICA  0.00 95.00- 0.00 4.47- 0.00 95.00- 0.00 0.00 R CLERICA 0.00 95.00- 0.00 0.00. 0.00 95.00- 0.00 0.00 R CLERICA  0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00.  23.42- 0.00 32.05- 0.00 23.40- 0.00 96.51- 0.00 15.36- 0.00 2.86- Q.00 14.96- 0.00 2.08- 0.00 12.28- 0.00 2.69- 0.00  191.62- 191.62- 0.00 0.00 0.00 0.00 R CLERICA 204.14- 204.14- 0.00 0.00 0.00 0.00 R CLERICA 1134.86- 1134.86- 0.00 0.00 0.00 0.00 R CLERICA 430.32- 430.32- 0.00 0.00 0..00 0.00 R CLERICA  18.22- 0.00 0.00 0.00 0.00 R CLERICA. 17,04- 0.00 0.00 0.00 0.00 R CLERICA. 14.97- 0.00 0.00 0.00 0.00 R CLERICA    Tax Collections 09/04/18 Group Number REL*18*08 Seq Date Account: Taxbill Nbr 24 08/23/18 54415 18A54415.07  Detail Transactions by Group Abatement Tax Transaction Code Amount F01 4.05- 30.01- G01 3.49- FO3 0.65- LO1 95.00- 99,14- 84.99- 35..56- 1.01- 76,61- 96,51- 2.41- 3,02- 2,81- 2.37- 2.45- 38..35- 3.46- 3..80- 64.06- 8.00- 9.54- 72.00- 72.00- 95.00- 95.00- 285.00- 190.00-  RTC020303 Page  Bffective Date 0B/01/18  Levy Penalty Add1 Interesti Discnt Trn Check Trans Rev Amount Amount Chgs Amount Amount Cde Number Descriptn 30.01- 0.00 0.00 0.00 0.00 R CLERICA 0.00 95.00- 0.00 4.14- 0.00 95.00- 0.00. 0.00 R CLERICA 84.99- 0.00 0v00 0,00. 0.00 35.56- 0.00 0.00 0.00 0.00 1.01- 0.00 0.00 0.00 0.00- 76.61- 0.00 0.00 0.00 0.00 96.51- 0.00 0.00 0.00 0.00 2.41- 0.00 0.00 0,00 0.00 3.02- 0.00 0.00 0.00 0.00 2.81- 0.00 0.00 0.00 0.00 2.37- 0.00 0.00 0.00 0.00 2.45- 0.00 0.00 0.00 0.00 38.35- 0.00 0.00 0.00 0.00 3.46- 0.00 0.00 0.00 0.00 3.45- 0.35- 0.00 0.00 0.00 63.71- 0.35- 0.00 0.00 0.00 8.do- 0.00 0.00 0.00 0.00 9.54- 0.00 0.00 0.00 0.00 0.00 0.00 72.00- 0.00 0.00 0.00 0.00 72.00- 0.00 0.00 0.00. 0.00 95.00- 0.00 0.00 0.00 0.00 95.00- 0.00 0.00 0.00. 0.00285.00- 0.00 0.00 0.00 0.00 190.00- 0.00 0.00  Number Number WNC LONGTERM CARE INC WOOD, GLENDA DIANNE  4.05- 0.00 3.49- 0.00 0.65- 0.00  0.00 0.00 0.00  Tax Code Totals F01*18- FR FIRE P02*18- CL CH FR F03*18- OTTO FR P05*18- WM PIRE P06*18- SCALY FR F07*18- BT FIRE F08*14- COWEE FR P08i5- COWEE FR F08*16- COWER FR F08*17- COWEE FR F08*18- COWEE FR F09*18- NANT FR F10*16- HLDS FR F10*17- HLDS FR F10*18- HLDS FR G01*14- GEN TAX: G01*15- GEN TAX G01*16- GEN TAX G01*17- GEN TAX H01*18- HLD CITY L01*14- RES FÉE LO1*15- RES FEE L01*16- RES FEE L01*17- RES FRE LO1*18- RES FEE LO2*18- COM FEE REL*18*08 Cycle A  265.69- 265.69- Q.00 dv00 0.00 0.00  120.84- 120.84- 0.00 0.00 0.00 0.00 130.59- 119.40- 11.19- 0.00 0.00 0.00 829.69- 829.69- 0.00 0.00 0.00 0.00  G01*18- GEN TAX 6485.12- 6473.93- 11.19- 0.00 0.00 0.00  Total for Group 9075.88- B243.80- 23.08-809.00- 0.00 0.00  Totals By Tax Cycle ******* Current Delinquent 8455.04- 620.84-    MACONCOUNTYMONTWIY ADVALOREMT TAXC COLECTIONSREPORT Aug-18 Generall Tax Fire Districts Totals  Beginning Levy Less Less Equals Gross Less  Outstanding  Month toDate Balance Added Releases Write-Offs Adjlewy Payments Refunds Misc Dr/Gr NetPayments Balance  23803042.02 2865801.4.  -17976.49 -15.19 23785050.34 6266482.63 6119.05 679.01. -6259684.52 17525365.77  -2834.1 -2.53. 2862964,77 -647284.6  0 100.9 -647183.7 2215781.07 0 190 -526730.45 1801132.34  Landfllu User Fee 2295660.82 32680 -475 -3.03 2327862.79 -526920.45  28964504.24 32680 -21285.59 20.75 28975877.9 -7440687.68 6119.05 969.91 -7433598.72 21542279.18  Beginning Levy Less Less Equals Gross Less  Outstanding Collection Percentage  Yeart toDate Balance Added Releases Write-Offs Adjlevy Payments Refunds MiscDr/Cr Net Payments Balance  GeneralT Tax: FireD Districts Landfil User Fee Totals  26551977 -17975.49 -1164 26532836.99 -9018393.51 9524.5 1397.79 9007471.22 17525365.77 33.95 32261753 -21285.59 -1344.35 32239123.08 -10708186.87 9524:5 1818.47 -10696843.9 21542279.18 33.18  3156365.5 2834.1 -176.29 3153355.15 -937709.76 2553410 -475 -4.06 2552930.94 -752083.6  0 135.68 -937574.08 2215781.07 29.73 285 751798,6 1801132,34 29.45  339KCOLECTEDON2 20180 COUNTY GENERAL TAXES,LATEL LISTING PENAITV,DISCOVERES/ ANDD DEFERREDT TAXESA ASOFE 8/31/2018AS COMPAREDT TO3 32.33%0 COLLECTEDO ON2 20171 TAXESA ASOF 8/31/2017    MIACON  MACON COUNTY 1834 Lakeside Dr.  PLANNING PERMITTING & DEVELOPMENT Franklin, N.C, 28734 Phone: 828-349-2072  NOTICE OF VIOLATIONS  OFTHE: FLOOD ORDINANCE OF MACON COUNTY  Date: 7/19/2018  RE: SFHAActivity Property Identification #6578268146  William F. Thomas 514 Americas Way, #6075 Box Elder SD 57719 Return Receipt # 7005 0390 000532127385  Mr. Thomas,  On 7/19/2018 personnel of this office inspected your property located at 82 Woodchuck Ln pin#6578268146. This inspection was in response to a complaint received by thel Macon County Planning Department stating that fill dirt and gravel for new driveway had been placed in the Special Flood Hazard. Area as determined by FEMA (see enclosed). Upon visiting site personnel from this office determined that fill and gravel have been added to SFHA (see enclosed). tp/www.maconnc.or/maespamingOrinancesMasonk0Counys20Fpodk20Oninanceass'm20amended.pdf Ify you do not have access tot this online please come by Macon County's Planning Department located at 18341 Lakeside Dr. Article 3. Section C. of this ordinance establishes that a permit shall be obtained before any activity can commence. Permit  Here is al link to Macon County's Flood Ordinance Franklin, NC and one will be provided for you. Applications can be obtained from this office.  Article 3. Section D. requires compliance with this ordinance. Article 3. Section H. establishes penalties for violations of this ordinance. Article 5. Section A.(17) prohibits placement off filli in any SFHA in Macon County  Article 5. Section F. specifically states that noi fill shall be placed in the Floodway or Non-EncroachmentAlea    Mr. Thomas it appears that you are olation of the Flood Ordinance of Macon vounty by:  1) Failing to obtain aj permit before undertaking fill activity. (At which time you would have been notified fill was not  allowed in the SFHA)  2) Placing filli in an area prohibited byt this ordinance Ino order to be in compliance of this ordinance you will need to:  1) Remove alli fill dirt and gravel that has been placed on the referenced property thati is within the SFHA within 30 days of the date on this letter. Failure to comply will result in penalties as set forth in Section H of Macon  County's Flood Ordinance.  Please be advised that ify you fail to take prompt corrective action tor remedy these violations, any action necessary to ensure  compliance with this ordinance willl bei taken by Macon County.  Sincerely,  Joe Allen Assistant Planner, Macon County (828)3 349-2518 alen@maconnc.org  2    gas                    Mr. Jack Morgan, Floodplain Administer  Mr. Derek Roland, Clerk Macon County Board of Commissioners  July27,2018 Dear Sirs:  Please consider this letter as our request for an appeal of the decision ofJuly 19, 2018 requiring the removal of all fill dirt used in the construction ofa new driveway on our property.  Please advise us on our next stepsi int this process.  Thank You. Sincerely;  hsk  William Thomas    Macon County Board Of Commissioners  Franklin, NC 28734  Dear Commissioners:  We have been issued a citation fort the violation of adding fill dirt for the construction ofa a driveway in the flood plain. Wel hereby request an exemption to the ordinance based on thet following allowances Under Article 4A1 there would be no danger to other persons or property from the construction of the driveway. There are no residences down stream from the construction. The property is adjacent to Article 4B. The only danger to life and property from this development is to the owners.  for exemptions listed in section E article 4 of the requirements.  State of North Carolina public greenbelt land.  Article 4C. The proposed drivewayi in no wayi increases the possibility of flood damage to our property. The direction of the river flow would impact the owners (our) house and garage before coming into contact with the driveway. No other properties are in danger from the proposed development other  than our own.  Article 4D. This is not applicable. Article 4E. This is not applicable.  Article 4F. There is no other location not subject to flooding on the property and no other practical location for placement oft the driveway. The reason for the construction of the driveway is to provide: a safe access and egress from the property in times of flooding. The only current access to the propertyi is ina an area that ist first toi flood andi is highly susceptible to flooding in cases of even small amounts of water. The proposed driveway would be much slower and less likely to flood and would allow time for occupants to safely! leave the property. In addition as a private driveway vehicles could be located strategically on the drivewayi for quick exit. This is not possible with the current property access because it is part of a shared roadway with 3 other houses upstream from our property.  Article 4G. This is not applicable. management plan.  Article 4H. The proposed use of the driveway is not a detriment to the comprehensive floodplain Article 41. The proposed driveway would provide improved access and: safety for emergeneyresponders such as EMS ort the Cowee Fire District int the event of ai flood. Using the current access to the property occupants could potentially have to be removed by boat, a much less safe method for emergency  personel.    Article 4J. This isr not applicable. the event of at flood. Board for this exemption  Article4K. There would be no additional costs to Governmental services because of this development in Article 6. The owners would be amenable to certain conditions, such as culverts if needed, to satisfy the  Article! 9A. This modification will not violate other regulations.  Article 9C. This exception is the minimum that can be donei to address the concerns listed in Article 4 Article 9E. The necessity oft the driveway is to correct a dangerous situation not caused by the owner  and: should be a benefit to public safety.  Thank You.  hbeh - William and Kay Thomas 82 Woodchuck Lane Franklin, NC28734    or local Iaw may also be revoked.  (17) Make periodic inspections throughout the Special Flood Hazard Areas within the jurisdiction of the community. The Floodplain Administrator and each member of! his or her inspections department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable  hour for the purposes ofinspection or other enforcement action. (18) Follow through with corrective procedures of Article 4, Section! D.  (19) Review, provide input, and make recommendations regarding requests for exceptions.  (20) Maintain a current map: repository to include, but not limited to, the FIS Report, FIRM and other official flood and studies adopted in accordance with Article 3, Section B of this ordinance, including any revisions thereto maps including Letters ofMap Change, issued by) FEMA. Notify State and] FEMA ofmapping needs. (21) Coordinate revisions to FIS reports and FIRMS, including Letters of Map Revision Based on Fill (LOMR-F) and  Letters ofMap Revision (LOMR).  SECTION. D.  CORRECTIVE PROCEDURES.  (1) Violations to be Corrected: When the Floodplain Administrator finds violations of applicable State and local laws, it shall be his or her duty to notify the owner or occupant of the building ofthe violation. The owner or occupant shall (2) Actions in Event ofFailure to Take Corrective Action: Ifthe owner ofal building or property shall fail to take prompt corrective action, the Floodplain Administrator shall give the owner written notice, by certified or registered mail to  immediately remedy each of the violations ofI law cited in such notification. the owner's last known address or by personal service, stating:  (a) that the building or property is in violation oft the floodplain management regulations;  (b) that al hearing willl be held before the Floodplain Administrator at a designated place and time, not later than ten (10) days after the date of the notice, at which time the owner shall be entitled to be heard inj person or by (c) that following the hearing, the Floodplain Administrator may issue an order to alter, vacate, or demolish the (3) Order to Take Corrective Action: If, upon a hearing held pursuant to the notice prescribed above, the Floodplain Administrator shall find that the building or development is in violation of the Flood Damage Prevention Ordinance, they shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than sixty (60) calendar days, nor more than 180 calendar days, Where the Floodplain Administrator finds that there is imminent danger to life or other property, they may order that corrective action be taken in such (4) Appeal: Any owner who has received an order to take corrective action may appeal the order to thel Local Governing Board by giving notice of appeal in writing to the Floodplain Administrator and the clerk within ten (10) days following issuance of the final order. In the absence of an appeal, the order of the Floodplain. Administrator shall be final. The local governing body shall hear an appeal within a reasonable time and may affirm, modify and affirm, or (5) Failure to Comply with Order: If the owner ofal building or property fails to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order oft the governing body following an appeal,  counsel and to present arguments and evidence pertaining to the matter; and  building; or to remove fill as applicable.  lesser period as may be feasible."  revoke the order.  the owner shalll be guilty ofar misdemeanor ands shalll be punished at the discretion ofthe court.  SECTIONE E.  PROCEDURES FOR: DETERMINING EXCEPTIONS: TO THE REQUIREMENTS.  (1) The Local Governing Board, hereinafter referred to as the "appeal board", shall hear and decide requests for  exceptions to the requirements oft this ordinance.  12    (2) Any person aggrieved by the decision of the appeal board may appeal such decision to the Court, as provided in  Chapter 7A oft thel North Carolina General Statutes. (3) Exceptions to ther requirements may be issued: for:  (a) thet repair or rehabilitation of1 historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and that the exception is the (b) functionally dependent facilities if determined to meet the definition as stated in Article 2 of this ordinance, provided provisions of Article 4, Section E(9)(b), (c), and (e) have been satisfied, and such facilities are protected by methods that minimize flood damages during the base flood and create no additional threats to  minimum necessary toj preserve thel historic character and design of the structure;  public safety; or  (c) any other type ofd development, provided it meets the requirements of this Section.  (4) Inj passing upon requests for exceptions, the appeal board shall consider all technical evaluations, all relevant factors,  alls standards specified in other sections oft this ordinance, and:  (a) the danger that materials may be swept onto other lands tot thei injury ofothers; (b) the danger tol life andj property due to: flooding or erosion damage;  (c) thes susceptibility of the proposed facility and its contents to flood damage and the effect ofs such damage on the  individual owner;  (d) thei importance oft the services provided by the proposed facility to the community;  (e) the necessity to the facilityofa a waterfront location as defined under. Article 2 oft this ordinance as a: functionally (f) the availability ofa alternative locations, not subject to flooding or erosion damage, for the proposed use;  dependent facility, where applicable;  (g) the compatibility of the proposed use with existing and anticipated development;  (h) the relationship of the proposed use to the comprehensive plan and floodplain management program for that  area;  () the safety ofaccess to the property in times of flood for ordinary and emergency vehicles;  G) the expected heights, velocity, duration, rate ofr rise, ands sediment transport of the floodwaters and the effects of (k) the costs of providing governmental serviçes during and after flood conditions including maintenance and repair ofpublic utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. (5) A written report addressing each oft the above factors shalll be submitted with the application for an exception. (6) Upon consideration of the factors listed above and the purposes of this ordinance, the appeal board may attach such conditions to the allowance of exceptions as it deems necessary to further the purposes and objectives of this (7) Any applicant to whom an exception is allowed shall be given written notice specifying the difference between the Base Flood Elevation (BFE) and the elevation to which the structure is to be built and that such construction below the Base Flood Elevation increases risks to life and property, and that the issuance ofa an exception to construct: a structure below the Base Flood Elevation will result in increased premium rates for flood insurance up to $25. per $100d of insurance coverage. Such notification shall be maintained with a record of all such exceptions, including. justification  wave action, ifapplicable, expected at the site; and  ordinance.  for their issuance.  13    (8) The Floodplain Administrator shall maintain the records of all appeal actions and report any actions to the Federal  EmsgeneyMamagement Agency and the State ofl North Carolina upon request.  (9) Conditions forl Exceptions:  (a) Exceptions shall not be issued when the modification will make the structure in violation of other Federal,  State, or local laws, regulations, or ordinances.  (b) Exceptions shall not be: allowed within any designated floodway or mon-encroachment area.  (c) Exceptions shall only be issued upon a determination that the modification is the minimum neçessary,  considering the flood hazard, to afford relief.  (d) Exceptions shall only be issued prior to development permit approval.  (e) Exceptions shall only be issued upon: (i) as showing ofgood and sufficient cause;  (ii) a determination that failure to grant the exceptions would result in unusual hardship to the owner oft the (iii) a determination that the granting of an exception will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of  property that was not caused, in whole or in major part, by the property owner; and  the public, or conflict with existing local laws or ordinances. PROVISIONS FOR FLOOD) HAZARD: REDUCTION.  ARTICLE5. SECTION A.  GENERAL: STANDARDS.  In all Special Flood! Hazard. Areas the following provisions are required: prevent flotation, collapse, and lateral movement ofthe structure.  (1) All new construction and substantial improvements shall be designed (or modified) and adequately anchored to (2) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant (3) All new construction and substantial improvements shall be constructed by methods and practices that minimize flood (4) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding to the Regulatory Flood: Protection Elevation. These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, hot water heaters, (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters (7) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from (8) Any alteration, repair, reconstruction, or improvements to a structure, which is in compliance with the provisions of  to flood damage. damages.  and electric outlets/switches. into the system.  intot the systems and discharges from the systems into flood waters.  them during flooding.  this ordinance, shall meet the requirements of"new construction" as contained in this ordinance.  14        88