Wlacon County  ONO COIN  MACON COUNTY BOARD OF COMMISSIONERS  MAY 8, 2018 - 6P.M. 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 7.2 Additions to agenda  8. Adjustmentsito and approval of the agerda  9. keports/Presentatons 10.Old Business  A. Second reading on revised Animal Control Ordinançe B. Consideration of amendment: to the Cullasaja Community Association Agréement - Commissioner Beale and the County C.Dixdiase/cmadeaton of renewal of lease agreement for the gazebo property with the Town of Franklin = Çounty Attorney A. Public Health- FY 2018-19 Billing and Collection. Policies and Fees Schedules - Public Health Director Jim" Bruckner B. South Macon Elementary School - Finance Director and County (2) Memorandum of lease extension and subordination (3) SetJune 12, 2018 for public hearing on proposed financing  Attorney  11-New Business  Attorney  (1)Interlocal Agreement agreement  MAÇON COUNTY COURTHOUSE ANNEX PHONE 828-349-2000  5WESTI MAIN STREET  FRANKLIN, NORTH CAROLINA: 28734  FAX: 828-349-2400    C. Consideration of Interlocal Agreement with Southwestern Community College regarding new Public Safety Training Center D.I Dacusion/onsideration of resolution regarding "spotlighting"  County Attorney - County Attorney F. Fireworks permit request  E. Discussion regarding dog park - Chairman Tate G. Discussion regarding opioids litigation - County Attorney  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.  A. Minutes of the April 10, 2018 regular meeting B. Budget Amendments #191-194 C. Tax Releases for April in the amount of $295.02  D. Monthly ad valorem tax collection report (no action necessary)  13.Appointments  A. Highlands Tourism Development Commission B. Prankin/Nantahala Tourism Development Commission  14.Closed session (if necessary)  15.Recess until Tuesday, May 15, 2018 at X:XX p.m. (exact time to be determined) in the commission boardroom on the third floor of the Macon County Courthouse, 5 West Main Street, Franklin, NC for the primary purpose of the County Manager's presentation of the recommended Fiscal Year 2018-19 budget and for any other  business that may come before the board.    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: May 8, 2018 DEPARTMENT/AGENCY:  Governing Board/Public Health  SUBJECT MATTER: Revised Animal Control Ordinance  COMMENTS/RECOMMENDATION:  The board voted 3-0 at its April 10, 2018 regular meeting to approve the revised Animal Control Ordinance as presented. However, due to two members being absent, a second vote or "reading" is required to achieve final approval. Attached please find a copy of the revised ordinance.  Attachments Agenda Item 10A  1 Yes  No    AN ORDINANCE OF THE. MACON COUNTY BOARD OF COMMISSIONERS MAKING REVISIONS TO CHAPTER 90. ANIMALS, OF THE CODE OF ORDINANCES OF THE COUNTY WHEREAS, the Macon County Board of Commissioners adopted a revised Macon County Ordinance for  OF MACON. NORTH CAROLINA  the Regulation of Certain. Animals on October 13, 2008; and  WHEREAS, the Board of Commissioners did amend the same on January 10, 2010; and WHEREAS, the Board of Commissioners did again amend the same on June 10, 2010; and WHEREAS, the Board of Commissioners did again amend the same on October 15. 2015; and  WHEREAS, the Board of Commissioners wishes to make certain specific amendments to the Ordinance as WHEREAS, the Board of Commissioners wishes to revise the. Macon County Ordinance for the Regulation WHEREAS, the Macon County Board of Health have indicated that they approve of the revised Ordinance contained hereinafter and would recommend unto the Macon County Board of Commissioners the adoption WHEREAS, the Board of Commissioners finds the same to be in the public interest and to promote the public health, safety and welfare pursuant to authority vested in it by North Carolina General Statutes Sections 153A-121,153A-127,153A-153, and 153A-442 and Chapter 67 of the General Statutes; NOW,THEREFORE, BE IT ORDAINED by the Macon County Board of Commissioners that: Section 1. Chapter 90, Animals, of the Code of Ordinances of the County of Macon, North Carolina, as heretofore amended, is hereby repealed in its entirety, and the following substituted in lieu thereof:  recommended by the Director of the Macon County Health Department; and  ofCertain. Animals as set forth below; and  and passage ofthis Ordinance; and  CHAPTER: 90  ANIMAL CONTROL  Sec. 90-1.TITLE, PURPOSE AND AUTHORITY.  This Ordinance shall be known and may be cited as the Macon County Animal Control Ordinance. The purpose of this Ordinance is to promote the health, safety and welfare oft the citizens of Macon County and to abate conditions detrimental to the peace and dignity oft the County. This Ordinance is adopted pursuant to the authority contained in Sections 153A-121,1 153A-123, ,153A-127, 153A-131, 19A-45, 153A-153, and $153A-442 of the North Carolina General Statutes, Articles 1-5of Chapter 67 of the N.C.G.S.; and Article  6ofChapter 130A of the North Carolina General Statutes, as applicable.    Sec. 90-2. APPLICABILITY TO VETERINARIANS.  Hospitals, clinics and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this Chapter except for the provisions relating to cruelty to  animals and rabies control. Sec. 90-3. DEFINITIONS.  The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to Abandon means to intentionally, knowingly, recklessly or negligently leave an animal at a location Adequate food means the provision at suitable intervals, not to exceed 24 hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain ai reasonable level ofnutrition in each animal. Such foodstuff shall be served in a receptacle, dish or container that is physically clean and in which agents injurious to health have been removed or destroyed to aj practical minimum. Adequate shelter means shelter which will keep a nonaquatic animal dry, out of the direct path of winds and out of the direct sun, at a temperature level that is healthful for the animal. It shall include four walls, aroofa and a solid floor, with an opening entrance large enough to allow access to the animal, but placed in such a way as to keep the animal out of the direct path of winds. The containment area shall be free of accumulated waste and debris sO that the animal shall be free to walk or lie down without coming in contact with any such waste or debris, and a suitable method of draining shall be provided to rapidly eliminate excess water or moisture. For dogs, cats and other small animals, the shelter shall be a windproof and moisture proof structure ofs suitable size to accommodate the animal and allow retention of body heat. Metal barrels do not provide adequate shelter for a dog, cat or other small animal and are Adequate water means a constant access to a supply of clean, fresh water provided in a sanitary manner. Animal means any live, vertebrate creature specifically including but not limited to dogs, cats, farm Animal Control Officer means an individual designated toj perform animal control duties described by this Ordinance. Animal control officers shall be Certified Rabies Vaccinators and Certified Euthanasia Animal shelter means a place provided and operated by the county directly or by contractual agreement, whether jointly with another governmental unit or independently, for the restraint, care, adoption and Attack means to set upon in a forceful, violent, hostile, or aggressive way, with or without provocation. (I).Provoked Attack is considered normal behavior and occur when an animal responds in an aggressive, violent, terrorizing, or threatening manner to aj perceived threat to its body (fear-induced),  them in this section, except where the context clearly indicates a different meaning:  without providing for the animal's care.  prohibited for that purpose.  animals, birds, fish and reptiles.  Technicians. Animal control officers shall not have the power to arrest.  disposition of animals in accordance with this chapter.  Attacks can involve animal tol human or animal to animal interaction.  food, (possessive), territory, or offspring (protective).    (2)Non-provoked. Attack occurs when an animal crosses neutral space and attacks for no reason (without being teased, molested, provoked, beaten, tortured or otherwise harmed). At large means any animal off the property ofi its owner and not under the restraint ofa competent person. Bite means the act of an animal seizing the flesh with its teeth or jaws, sO as to tear, pierce or injure the  flesh.  Board ofCommissioners means the Macon County Board of Commissioners.  Cats means any and all domesticated felines.  Citation means a written notice served by an animal control officer citing a person for a violation oft this Civil penalty means a financial penalty imposed by an animal control officer for a violation of this Competent person means a person of suitable age and discretion to keep an animal under sufficient restraint and control in order to prevent harm to the animal and to persons, other animals, including but  ordinance. ordinance.  not limited to domesticated livestock, or property. County means Macon County, North Carolina.  Cruelty, cruel treatment, and abuse as used in this chapter mean every act, omission or neglect whereby unjustifiable physical pain, suffering or death is caused or permitted or attempted to be caused or permitted against animals, as well as acts or attempted acts of teasing, molesting, baiting or trapping of animals unlawfully. Such acts or omissions shall include but not be limited to beating, kicking, hanging, submerging under water, suffocating, poisoning, setting on fire, and depriving of food, water and medical treatment, or otherwise subjecting the animal to conditions detrimental to its health or general welfare. Such terms, however, shall not be construed to include lawful taking of animals under the jurisdiction and regulation of the wildlife resources commission, lawful activities sponsored by agencies conducting biomedical research or training, lawful activities for sport, or other lawful activities under state law.  Dangerous dog means any animal as defined in N.C.G.S.A. $67-4.1(a)(b). custody ofi its owner, or other competent person having possession thereof.  Direct control means an animal is under restraint (excludes control by voice commands) and in the  Dogs means any and all domestic canines.  Domesticated animal (non-livestock). means any such animal that is accustomed to live in or about the habitation of! humans, including but not limited to cats, dogs, cows, fowl, horses or swine, but not to Domesticated livestock (Farm Animal) means livestock raised for the production of meat, milk, eggs or fiber, or used for draft or equestrian purposes, including but not limited to cattle, sheep, goats, swine,  include any Wild Animal, Farm. Animal or Feral Animal a defined herein.  horses, mules, rabbits and poultry.    Exotic animal means an animal that would ordinarily be confined to a ZOO, or is a species of animal not indigenous to this State. The term specifically does not include animals of a species customarily held in this State as ordinary household pets, animals of species used in the State as a domestic livestock, fish, birds, non-venomous reptiles and species that are deemed inherently dangerous under this Chapter or Feral animal means a wild animal non-domesticated or one, such as a dog or cat that has escaped and returned to live in the wild, but has some contact and experience with humans and/or for which no one Harbor means to feed or shelter an animal by the same person or household for 72 consecutive hours or  regulated by the North Carolina Wildlife Resource Commission.  claims ownership. more.  Health Director means the director oft the Macon County Health Department. which is described the animal owner's name, address and contact information. authorized by an animal control officer and/or the Health Director.  Identified animal means an animal with an identification tag, tattoo, microchip, or other marking on Impoundment means the placement of an animal in the custody of a person or animal shelter duly Lead. Animal Control Officer means that person designated to perform animal control duties described by Microchip refers to a tiny permanent identification system, implanted under the animal's skin and read by a chip scanner which identifies the owners name and address and which is available on regional or national databases. Implantation is done with an injector that places the chip under the loose skin over the  this Ordinance. The Lead Animal Control Officer shall be an Animal Control Officer.  animal's shoulder.  Neutered. male means any male which has been castrated.  Owner means any competent person or group of persons owning, keeping, having charge of, sheltering, feeding, harboring or taking care of any animal. The owner of an animal is responsible for the care, actions and behavior of his or her animal(s). This definition shall also apply to the term ownership" as Owner's property means that area described in a deed of conveyance or the area described in a lease. Ina situation involving townhomes or condominums, Animal Control will treat the common areas as being owned by the homeowners' association. In a situation involving leased apartments, Animal Control will treat the common areas as being owned by the lessor. A motor vehicle is not a part of the owner's property unless it is physically located on the area described in a deed ofc conveyance or the area described in a lease. A motor vehicle that is physically located in or on the common areas of townhomes, condominiums or leased apartments, or other public areas shall be treated as being off of the owner's Person means any individual, family, group ofindividuals, corporation, partnership, organization, trade or professional association, firm limited liability company, joint venture, association, trust, estate, non-profit  used in this chapter.  property.  corporation or any other legal entity ori institution recognized by law as aj person.    Public nuisance means any animal off the owner's property which without provocation habitually or repeatedly chases, snaps at, attacks or otherwise behaves in an aggressive manner to pedestrians, bicyclists or vehicles or turns over garbage cans, damages gardens (vegetable or flower), damages plant Scratch means the act of an animal with its claws which results in and/or causes a narrow or superficial Section Administrator Animal Services means that person responsible for the planning, organizing, coordinating, and directing of all County Animal Services activities (including Animal Control, Animal Shelter, and Rabies Control Programs). The Section Administrator is responsible for the: Enforcement of state laws and this ordinances relating to Animal Services functions; the development of policies and procedures; impounding, care/treatment, and disposition of animals in the county shelter; development and implementation of programs and coordination with rescue groups and interested individuals to maximize the placement of abandoned and surrendered animals; and, minimize euthanasia of adoptable animals. The Section. Administrator Animal Services shall be an Animal Control Officer. Security dog means any dog used, kept or maintained on the premises of its owner for the purpose of protecting any person or property. Any such dog shall be further classified as follows: (1). Patrol dog means a dog that is trained or conditioned to attack or otherwise respond aggressively, (2). Sentry dog means a dog that is trained or conditioned to attack or otherwise respond aggressively (3) Watchdog means a dog that barks and threatens to bite any intruder, but has not been specially Secure enclosure means a place in which an animal is securely confined in order to provide for a safe, healthy, and humane environment for the animal; prevent escape by the animal; and protect and enhances the public's health and safety. A secure enclosure consists of a locked pen or structure suitable to prevent unauthorized entry and designed to prevent the animal from escaping. Such enclosure shall be: Constructed on a concrete pad; have a double entry which protects the person entering and prevents the animal from escaping; have secure sides including the top; provides protection for the animal from the  beds, damages public or private property or damages livestock. wound, scrape or other type ofbreak in the skin of al human or animal.  but only upon command from al handler either off or on lead.  without command.  trained or conditioned for that purpose.  elements; and be ofs suitable size for the type ofanimal.  Spayed female means any female sterilized by removing the ovaries.  Stray means any domestic animal that is wandering at large or is lost and (1) is not an identified animal, (2) the animal control officer does not otherwise know who the owner is, or (3) does not have an owner. Under restraint means that an animal is under sufficient physical restraint such as (1)al leash, cage, bridle, or similar effective and humane device that restrains and controls the animal; (2) sufficiently near the owner to be under his or her control and is obedient to that person's commands (exception: no animal is permitted to run at large within or upon any lands owned by or under the control of Macon County used for recreational purposes with the exception of dogs running within the designated, fenced dog park(s); (3) on or within a vehicle being driven or parked and secured in such a manner as to prevent the animal from escaping or causing injury toj persons approaching or passing by the vehicle; (4) adequately contained by a fence or other secure enclosure; or (5) within the property limits ofi its owner. Ifany unattended animal is    restrained by a chain, leash or similar restraint, it shall be designed and placed to prevent choking or Veterinary clinic and/or hospital means any place or establishment maintained and operated under the supervision ofal licensed veterinarian as a clinic and/or hospital where animals are harbored, boarded and cared for incidental to the treatment, prevention or alleviation of disease processes during the routine practice of the profession of veterinary medicine for surgery, diagnosis and treatment of diseases and  strangulation.  injuries of animals.  Vicious animal means any animal as defined in N.C.G.S. $130A-200.  Wild animal means an animal living in a state ofi nature; not tamed or domesticated  Sec. 04.JURISDICTION.  This chapter shall be effective in all areas ofMacon County, North Carolina.  Sec. 90-5. ANIMAL SHELTER.  The county shall operate and maintain a County Animal Shelter for the purpose of impounding or caring for animals held under authority of state law, this chapter, or any other county ordinance. The county may contract for the operation of the Animal Shelter as it deems appropriate. The same shall be the  responsibility oft the Animal Services Section of the Macon County Health Department.  Sec. 90-6 CREATION OF AN ANIMAL SERVICES SECTION OF THE MACON COUNTY There is created an Animal Services section of the Macon County Health Department which shall be responsible for the Macon County Animal Shelter and. Animal Control Programs hereinafter specified.  HEALTH: DEPARTMENT.  Sec. 90-7.. ANIMAL CONTROL OFFICERS.  The Health Director may appoint one or more animal control officers. Any such officers shall be Macon County Health Department employees in the Animal Services Section of the Macon County Health Department. The Animal Services Section oft the Macon County Health Department shall be supervised by the Section Administrator Animal Services, who shall also be an employee of the Macon County Health Department, who shall be the supervisor of that Section of the Macon County Health Department. The Section Administrator Animal Services shall report to and be under the authority of the Health Director. County animal control officers and Lead Animal Control Officer shall not have the power to arrest.  Sec. 90-8. ANIMAL CONTROL PROGRAM.  The county animal control program, as described in this chapter and as otherwise described in other county ordinances related to animals and as otherwise described in state laws, shall be administered by the Section  Administrator Animal Services. Specifically:    (1) The Health Director shall designate employees or agents enforcing this Chapter as animal control officers and Lead Animal Control Officer. Animal cruelty investigators may be appointed by the Board of Commissioners as provided by law. In the performance of their duties, animal control officers shall have all the power, authority and immunity granted under this chapter and by the general laws of this state to enforce the provisions of this chapter, and the laws of this state as they relate to the care, treatment, control or impounding of animals. All investigations of reported or observed animal cruelty or (2) Except as may be otherwise provided by law, no officer, agent or employee of the county charged with the duty of enforcing the provisions of this chapter or other applicable laws shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted (3) It shall be unlawful for any person to interfere with, hinder or molest any animal control officer, lead Animal Control Officer, Section Administrator Animal Services, Health Director, Animal Cruelty Investigator, or law enforcement officer while in the performance of any duty authorized by this chapter or the animal control program, or the laws of the state of North Carolina, or to seek to release any animal (4) Animal control officers are not authorized to carry on their person firearms of any kind except as provided in this section. The animal control program may store at the Animal Services Section of the Macon County Health Department and use firearms (as allowed by state law) when necessary to enforce sections oft this chapter or under applicable law for the control ofwild, vicious or diseased animals.  animal abuse shall be the responsibility oft the animal control officers ofthe county.  in the discharge of such duty unless he or she acts with actual malice.  ini the custody ofany of those agents, except in the manner as provided in this section.  (5)7 The Animal Control Program shall:  a. Have the authority, along with the Health Director and law enforcement agencies to enforce all state and local laws, including ordinances, regulations and proclamations of the county pertaining tot the ownership and control of dogs, cats, and other animals, and cooperate with the Health b. Enforce and carry out all laws of the state and all ordinances of the county pertaining to rabies control in cooperation with the Health Director and local law enforcement officers. c.Ber responsible, in consultation with the Health Director or the health directors' designee, for the d. Be responsible, in consultation with the Health Director or the health directors' designee, to issue a quarantine/continement order to the animal owner that would require the owner to confine a biting animal for ten days pursuant to N.C.G.S. $130A-200, and for reporting to the Health Director as e.E Be responsible, in consultation with the Health Director or the health directors' designee, for the quarantinelconfinement of any dog, or other domestic animal exposed to or suspected of having been exposed to another rabid animal and for reporting to the Health Director as soon as practicable the occurrence of any such exposure and the condition of any confined animal pursuant to N.C.G.S.  Director and all law enforcement officers in fulfilling this duty.  investigation ofa all reported animal bites.  soon as practicable the issuance ofs said order.  $130A-200.    f. Be responsible for the investigation of reports or observations of incidents of harassment of or g. Ber responsible for the seizure and arranging for the impoundment, where deemed necessary, ofa any dog or other animal in the county involved in a violation of this chapter or any other county h. Investigate reported or observed animal cruelty or abuse independently or with a duly appointed i. Make such investigations or inquiries as necessary for the purpose of ascertaining compliance with  injuries to domesticated livestock caused by dogs or other animals.  ordinance or state law. Animal Cruelty Investigators.  this chapter or applicable state statute.  j. Keep, or cause to be kept, accurate and detailed records of:  1. Seizure, impoundment and disposition of all animals coming into and/or leaving the custody of 2. Any animal complaints made to Animal Services, and their investigation and disposition. 3. Any animal bite cases, violations and complaints, and their investigation and disposition. 4. Any animal cruelty cases, violations and complaints, and their investigation and disposition. 5. Any violations of county ordinance and any investigation(s) thereof conducted and the 6. - Any other matters deemed necessary by the Health Director or Section Administrator Animal k. Be empowered to issue notices of violation, assess civil penalties for violations of this chapter, and H Have employees who are trained to standards to be established by the Section Administrator Animal Services, which training shall include but not be limited to training as a Certified Rabies Vaccinator, Certified Euthanasia Technician, and in Animal First. Aid taught by al licensed veterinarian. m.Be responsible for monitoring the county animal shelter to ensure compliance with all Health Department policies and procedures, state laws, rules/regulations, and any and all contracts entered n. Administer in consultation with the Section Administrator Animal Services, rabies vaccines to impounded, non-vaccinated animals pursuant to N.C.G.S. $130A-186, and assist the Section Administrator Animal Services in all scheduled rabies control clinics as required by state law. O.Give every person a proof (certificate and metal rabies tag) of rabies vaccination at the time of adoption of a dog or cat ifiti is four (4) months of age or older. The Certificate will be signed by a  the animal control program.  disposition of the investigation.  Services or that may be required by county policy or state law. issue citations when authorized by this ordinance or state. law.  into by the Health Department for the operation oft the Animal Shelter.  licensed veterinarian or Certified Rabies Vaccinator as provided in this chapter.    (6) The premises for all animal shelters operated by or for the County shall meet the standards prescribed  by N.C.G.S. $153A-442.  Sec. 90-9. RELATION TO HUNTING LAWS.  Its shall be unlawful and a violation oft this chapter for any person to fail to comply with the requirements of N.C.G.S. $113, Article 22 et seg. and other laws of the state relating to the use of dogs for hunting.  Sec. 90-10. NOTICE IN CASE OF INJURY.  Its shall be unlawful for any person who causes injury to an animal, including but not limited to running over or hitting the domesticated animal with any vehicle, to fail to notify immediately at least one of the (1)T The owner oft the animal (ifl known or ascertainable with reasonable efforts made tol locate the owner);  following:  (2). An animal control officer; or (3)1 The sheriff's department.  Sec. 90-11. MISTREATMENT OF ANIMALS UNLAWFUL.  The following acts or failure to act relating to the mistreatment of animals are unlawful and violations of (1) It shall be unlawful for any person to subject or cause to be subjected any animal to cruel or abusive treatment or to deprive or cause to be deprived any animal of adequate food and water. With respect to domesticated animals or wild animals in captivity or under restraint, it shall additionally be unlawful to  this chapter:  deprive or cause tol be deprived any such animal of adequate shelter or veterinary care. (2) It shall be unlawful to restrain any animal except in a humane fashion.  (3) It shall be unlawful for any person to entice or lure any animal out of an enclosure or off the property ofi its owner, or to seize, molest or tease any animal while the animal is held or controlled by its owner or  while the animal is on or off the property ofi its owner.  (4) It shall be unlawful for any person to abandon or forsake any animal within the County.  (5) It shall be unlawful for any person to leave an animal in a closed vehicle or other enclosure for such duration or at such temperatures as an animal control officer, Lead Animal Control Officer or Animal  Cruelty Investigators deems harmful or potentially harmful to the animal.  Sec. 90-12. CONTROL OF VICIOUS ANIMALS.  (1) The purpose of this Section is to supplement the state laws governing vicious animals, and more  specifically, N.C.G.S. $130A-200.    (2)I Its shall be unlawful for any person to keep any vicious animal within the county, unless under restraint (3) Upon an animal control officer's observation of a vicious animal at large or off the premises of its owner and not restrained by a competent person, such officer shall immediately impound the animal and (4) Upon an animal control officer's receipt of a complaint that an animal is behaving or has behaved viciously and is at large or off the premises of its owner and not restrained by a competent person, the animal control officer or Lead Animal Control Officer, in cooperation with the Health Director or the health directors designee, shall investigate the complaint and, upon a finding that there is probable cause to believe a violation of this chapter or other applicable law or regulation has occurred, shall take any (5)If an animal is impounded as vicious, authorization for reclamation after any required holding period shall be granted when the Health Director, in consultation with the Section Administrator Animal Services, is reasonably assured that the animal is not vicious or that the vicious animal will be properly  and on the premises oft the owner.  inform the Health Director or the health directors' designee.  action allowed by this chapter or state law as the circumstances may require.  restrained on the premises ofits owner. Sec. 90-13. SECURITY DOGS.  (1) All persons owning security dogs shall register such animals with the Section Administrator Animal Services; the owner of any dog that is classed as a patrol dog or sentry dog under this chapter shall place prominently a sign or placard on his premises noting "Beware of Dog" or other information noting the (2) It shall be unlawful for any person to keep any security dog within the county, unless under restraint and in the control of a competent person or under restraint and on the premises ofthe owner. (3) Security dogs are subject to all other provisions of this chapter while off the premises of their owner. (4) This Section shall not include dogs when exempted pursuant to N.C.G.S. 074.10,0-0)4,  presence of security dogs.  Sec. 90-14. IMPOUNDMENT OF ANIMALS.  (1). All animals required by NCGS 130A-185 to be vaccinated against rabies that do not have a rabies tag at time ofin impoundment will be administered a rabies vaccination along with other necessary vaccinations (2) An animal Control officer, in consultation with the Health Director or the health directors' designee, is authorized to issue a confinement order to the animal owner that would require the owner to confine a dog or other animal pursuant to N.C.G.S. $130A-198 or $130A-200. Failure to thus confine the animal would constitute a further violation subjecting the owner to appropriate criminal or civil penalties pursuant to (3)A domesticated animal impounded under this chapter may be reclaimed by its owner according to the procedures of the animal shelter. The owner of an impounded domesticated animal shall be responsible  as per Macon County Animal Shelter policy.  N.C.G.S $67-4.2 and $130A-196.    for and shall pay all vaccination expenses, boarding costs, redemption or adoption fee(s) and costs associated with such impoundment prior to reclaiming the animal. If an impounded domesticated animal is not reclaimed the impounded domesticated animal may be allowed to be adopted or humanely euthanized according to N.C.G.S $19A-32.1 and animal shelter procedures; provided, however, that domesticated animals impounded pursuant to this Section shall be held by the animal shelter for a period oft ten (10) days prior to adoption or euthanasia, as applicable. Exception to the ten day holding period: If ad domesticated animal impounded under this chapter has been found by the Section Administrator of Animal Services or a veterinarian to be unadoptable due to injury or defects of health or temperament: may be humanely euthanized in accordance with N.C.G.S $19A-32.1 (b)(1) and animal shelter procedures. The owner of an impounded domesticated animal shall also comply with any vaccination and identification directives and be responsible for the payment to the county of all civil penalties and costs imposed or associated with the animal's impoundment as prescribed in any citation or notice issued by the Section Administrator Animal Services or their designee Bite quarantined animals not reclaimed within 72 hours after the end of the quarantine period will be considered abandoned and will become the property of the county animal shelter and disposed of according to standard animal shelter procedures. (4) A feral animal impounded under this chapter that has been found by the Section Administrator of Animal Services or a veterinarian to be unadoptable due toi injury or defects of health or temperament may be humanely euthanized in accordance with N.C.G.S. $19A-32.1 (b)(1) and animal shelter procedures.  Sec. 90-15. HANDLING OF STRAY ANIMALS.  (1) It shall be unlawful for any person, without the consent of the owner, knowingly and intentionally to harbor, keep in possession by confinement or otherwise any animal that does not belong to him, unless he has, within 72 hours from the time such animal came into his possession, notified an animal control (2). Any animal at large may in a humane manner be seized, impounded and confined in the animal shelter and thereafter adopted out or disposed of pursuant to procedures of the animal shelter and applicable state (3) An owner may lawfully permit an animal which is not dangerous to be at large in the course ofa show, obedience school, tracking tests, field training, or other events sanctioned or supervised by a recognized organization. Dogs may be at large in the course ofhunting if under the control of the owner as otherwise provided in this chapter. However, this provision does not exempt an owner from otherwise complying (4) Upon impounding an animal, the Animal Services Section of the Macon County Health Department shall make reasonable effort to identify the animal, notify the owner, and inform such owner of the (5)I Impoundment of such an animal shall not relieve its owner from any penalty that may be imposed for (6) Any animal seized and impounded that is badly wounded or diseased and has no identification may be euthanized pursuant to procedures of the animal shelter and applicable state law. If the animal has rabies or is suspected of having rabies, the body shall be disposed of in accordance with applicable state regulations. If the animal has identification, Section Administrator Animal Services, animal control officers or animal shelter staff shall attempt expeditiously to notify the owner before euthanizing such  officer, Lead Animal Control Officer or the animal shelter.  law.  with the provisions oft this chapter, including identification of animals.  conditions whereby the identified animal may be redeemed.  violation of this chapter.    animal; in any event, and except as may be otherwise provided by law, the animal shelter, animal control program, Health Director and county law enforcement officers shall have no liability for euthanizing wounded or diseased animals when such action is taken upon the advice or recommendation of a  veterinarian who has been advised of the animal's condition.  Sec. 90-16. PUBLIC NUISANCE.  It shall be unlawful for an owner to permit an animal to create or maintain aj public nuisance as defined in (1) When an animal control officer, Lead Animal Control Officer, Section Administrator Animal Services, or law enforcement officer observes a violation, the owner will be provided written notification of such (2) Upon receipt of a written detailed and signed complaint alleging that any person is maintaining a public nuisance, the Section Administrator Animal Services shall cause the owner of the animal in question to be notified that a complaint has been received, and shall cause the situation complained upon (3) If the written findings indicate that the complaint is justified, the Section Administrator Animal Services shall cause the owner of the animal in question to be notified in writing, and shall order abatement of such nuisance within 24 hours or such lesser amount of time, which shall be designated on (4) If, after 24 hours or such lesser time as is designated in the abatement order, the nuisance is not abated, the animal creating the nuisance may be impounded and/or a civil penalty may be issued and/or a criminal  this chapter by an animal. Compliance shall be required as follows:  violation and be given 24 hours or less to abate the nuisance.  to bei investigated and a written report to be prepared.  the abatement order.  summons may be issued. Sec. 90-17.1 RABIES CONTROL.  Its shall be unlawful and a violation of this chapter for any animal owner or other person to fail to comply with the requirements ofN.C.G.S. $130A, Article 6, Sections 184-199. and other laws oft the state relating  to the control ofrabies. Sec. 90-18. BITES.  (1) It shall be unlawful and a violation of this chapter for any person to fail to comply with the (2) Animal control officers and Lead Animal Control Officer shall notify the Health Director or the health (3) An animal that is confined to the animal shelter pursuant to the provisions of N.C.G.S. $130A-196, $130A-197 or $130A-198 shall become the property of the county if the owner does not redeem the animal within 72 hours following the last day ofthe imposed confinement period required by statute. (4) If Animal Control impounds an animal during the course of their investigation the animal control officer shall leave with the owner or affix to the owner's residence ai notice of confinement or an order of confinement from the Health Director, as applicable. The notice of order shall contain the beginning and  requirements ofN.C.G.S. $130A-196 and N.C.G.S. $130A-198.  directors' designee as soon as practicable or within 24 hours ofr report of an animal bite.    ending dates of confinement and stating that the owner must redeem the animal within 72 hours of the (5) The owner of an animal confined at the animal shelter pursuant to this section shall be responsible for the costs of caring for the animal while at the shelter and all fees shall be paid at the time of redemption. (6) Surrender of an animal or failure to redeem an animal shall not relieve the owner of responsibility for payment of any outstanding medical costs, penalties, and fees that have accrued as a result of the animal  ending date of confinement stated in the notice.  being confined at the animal shelter.  Sec. 90-19. RABIES TAG; IDENTIFICATION REQUIRED.  Its shall be unlawful and a violation of this chapter for any person to fail to comply with the requirements of  N.C.G.S. $130A-192. Sec. 90-20. PENALTIES.  The following penalties shall pertain to violations of this chapter:  (1) Violation of any provision of this chapter by any person shall be a misdemeanor under N.C.G.S. $14- (2) Enforcement of this chapter may include any appropriate equitable remedy, injunction or order of abatement issuing from a court of competent jurisdiction pursuant to N.C.G.S. $153A-123(d), ( (e). (3) In addition to and independent of any criminal penalties and other sanctions provided in this chapter, a violation ofthis chapter may also subject the offender to civil penalties, costs and fees as follows: a. Unless otherwise provided for in a particular section, Animal Services is authorized to assess civil 1.A civil penalty of $25.00 shall be assessed for the first violation of any provision of this Chapter. 2. A civil penalty of $50.00 shall be assessed for the second or subsequent violation of this Chapter. b. Civil penalties may be assessed for each violation of this chapter. The Section Administrator Animal Services or their designee shall issue to the known owner of any animal, or to any other violator of the provisions of this chapter, a citation giving notice of the violation and of the civil penalty imposed. Citations SO issued may be delivered in person or mailed by first class mail to the person charged if that person cannot readily be found. This civil penalty shall be paid to the Section Administrator Animal Services or their designee within 14 days of receipt of the citation. This civil penalty is in addition to any other fees, costs or fines imposed that are authorized by this chapter. C. Failure on the part of the owner of an animal or other alleged violator to pay the applicable civil penalty within the time period prescribed is unlawful and a violation of this chapter. If an assessed civil penalty is not paid within the time period prescribed, a civil action may be commenced to recover  4.  penalties ini the following manner:  the penalty and costs associated with collection oft the penalty.    Sec. 90-21. REGULATION OF ANIMALS ON COUNTY RECREATIONAL Running at large forbidden. It shall be unlawful for any person to allow a domestic animal, including a dog or cat, within his or her possession, ownership, or direct control, to run at large within or upon any lands owned by or under the control of Macon County used for recreational purposes with the exception of dogs running within the designated, fenced dog park(s). Any domestic animal brought to or allowed to enter upon any county property used for recreational purposes shall, at all times, be kept within the direct control and/or under restraint by the owner or  PROPERTY.  other competent person having the possession thereof.  Sec. 90-22. DANGEROUS DOG.  It shall be unlawful and a violation of this chapter for any person to fail to comply with the  requirements ofN.C.G.S. $67,Article 1A, Sections 4.1 -4.4. Sec. 90-23. ANIMAL CONTROL ADVISORY COMMITTEE.  The Board of Commissioners shall have authority to create and appoint an Advisory Committee of such number and composition as they shall determine. The members shall serve terms as  established by the Board ofCommissioners.  Sec. 90-24. FALSE REPORTS OR FRIVOLOUS COMPLAINTS.  (1). Itshall be unlawful for any person to file a false report with the. Animal Services Section or to knowingly provide false information to an animal control officer or Lead Animal Control Officer (2) It shall be unlawful for any person to repeatedly file frivolous or unfounded complaints with the Animal Services Section of the Macon County Health Department in order to intimidate or harass any member of the Animal Services Section of the Macon County Health Department or any animal owner, or to otherwise hinder or interfere with the animal control program.  involving investigation ofany reported violation ofthis Chapter.  Sec 90-25. EFFECTIVE DATE OF THS ORDINANCE The Ordinance shall become effective on the Upon motion made by Commissioner  day of  2018.  seconded by Commissioner day of  ;this Ordinance was passed, adopted and ordained by the unanimous vote oft the  Macon County Board ofCommissioners: on this the regular meeting of the Macon County Board of Commissioners.  2018, at the    James P. Tate, Chairman  Attest:  Clerk of the Board ofN Macon County Commissioners    MACON COUNTY BOARD OF COMMISSISSIONERS  AGENDA ITEM  MEETING DATE: April10,2018 DEPARTMENT/AGENCY:  Governing Board  SUBJECT MATTER: Cullasaja Community Association Agreement  COMMENTS/RECOMMENDATION:  The County Attorney is preparing another update to the agreement with the Cullasaja Community Association regarding ongoing renovations to the Old Salem Church. The board voted to amend the initial agreement back in August of last year as new items were added to the original scope of work. It appears that sufficient funds remain in the original project budget to complete additional improvements. The County Attorney will likely present  the updated document at Tuesday's meeting.  Attachments Agenda Item 10B  Yes X No    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: April 10, 2018 DEPARTMENT/AGENCY:  Governing Board/ Town of Franklin  SUBJECT MATTER: Renewal of lease agreement for gazebo property  COMMENTS/RECOMMENDATION:  Following the board's extension on April 10th of the existing lease agreement with the Town of Franklin for the gazebo property located on the town square, the County Attorney has provided an updated proposed lease agreement that contains his recommended changes. A copy is attached, and  he will provide further insight at the meeting.  Attachments Agenda Item 10C  1 Yes  No    LEASE by and between  COUNTY OF MACON, NORTH CAROLINA  as Lessor and  THE' TOWN OF FRANKLIN, NORTH CAROLINA  asl Lessee  Dated as ofMay 1, 2018  After recording, please return to: Chester Jones 122 West Boulevard Franklin, NC 28734  This document was prepared by: John F.J Henning, Jr. AI Licensed North Carolina Attorney Campbell Shatley, PLLC 6741 Merrimon Avenue, Suite 210 Asheville, NC 28804  (CS:0051431.DOC)    LEASE  THIS LEASE is dated as of May 1, 2018 and entered into by and between the COUNTY OF MACON, NORTH CAROLINA, a body politic and corporate of the State of North Carolina having its principal offices located at 5 West Main Street, Franklin, North Carolina, as lessor (the "County"), and the TOWN OF FRANKLIN, NORTH CAROLINA, a body politic and corporate of the State of North Carolina having its principal offices at 95 East Main Street, Franklin, North Carolina (the "Town", and collectively  the Parties").  WITNESSETHE  WHEREAS, the County is the owner oft that property known as the "County Square" as described WHEREAS, the County and Town previously entered into al lease agreement dated May 5, 1998 WHEREAS, the Town intends to continue its activities upon and maintenance of the Site, the County is willing to permit the Town to continue the same, and the Parties now wish to restate their NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein  inl Exhibit A, attached! hereto and made aj part hereof, (the "Site"); and  by which the County deed the site to the Town for ai term oft twenty (20)s years; and  rights, duties, and obligations with respect to the Site; contained, the parties hereto agree as follows:  ARTICLEI  DEFINITIONS; RULEOF CONSTRUCTION  All capitalized terms used in this Lease and not otherwise defined herein have the meanings assigned to them in the Contract and the Deed of Trust, unless the context clearly requires otherwise. In addition, the following terms have the meanings specified below, unless the context clearly requires "Town Representative" means the Town's Mayor, Town Manager, Finance Officer or any other person at the time designated, by a written certificate furnished to the County and signed on the Town's behalf by its Mayor or Town Manager, to act on the Town's behalf for the purpose of performing any act "County. Representative" means the Chairman of the Board of Commissioners of the County, the County Manager or the Finance Director or any person at the time designated, by a written certificate furnished to the Town and signed on the County's behalf by its County Manager, to act on the County's  otherwise:  under this Lease.  behalf for the purpose of performing any act under this Lease.  "Lease" means this Lease dated as of May 1, 2018 between the County and the Town, as it may  be duly amended.  "Lease Term" means the term of this Lease as determined under Article IV.  "Lease Year" means, initially, from the Closing Date through June 30, 2018, and, thereafter, means thet twelve-month period ofe each year commencing on July 1 and ending on the next. June 30.  (CS:00051431.DOC) j2    "Leased Property" means, collectively, the Site, as described in Exhibit A, and the improvements All references to articles or sections are references to articles or sections of this Lease, unless the  thereon.  context clearly indicates otherwise.  ARTICLEII  REPRESENTATIONS, COVENANTS AND WARRANTIES  The County and the' Town each represent, covenant and warrant for the other's benefit as follows: (a) Neither the execution and delivery oft this Lease, nor the fulfillment of or compliance with its terms and conditions, nor the consummation of the transactions contemplated hereby, results or will result in a breach of the terms, conditions and provisions of any agreement or instrument to which either is now a party or by which  either is bound, or constitutes a default under any oft the foregoing.  (b) To the knowledge of each party, there is no litigation or proceeding pending or threatened against such party (or against any other person) affecting the rights ofsuch party to execute or deliver this Lease or to comply with its obligations under this Lease. Neither the execution and delivery oft this Lease by such party, nor compliance by such party with its obligations under this Lease, requires the approval of any regulatory  body or any other entity the approval ofwhich has not been obtained.  ARTICLE mT DEMISING CLAUSE  The County hereby leases the Leased Property to the Town and the Town hereby leases the Leased Property from the County, in accordance with the provisions oft this Lease, to have and to hold for  the Lease Term.  ARTICLEIV LEASE' TERM  Section 4.1. Commencement, The Lease Term commences on May 1, 2018. The Parties agree that the prior lease dated May 5, 1998 is terminated and shall be ofn no further effect from the date Section 4.2 Termination. The Lease Term terminates on the earlier oft the following dates or  this Lease Term commences.  events:  (a) at midnight on. May 30, 2048; or  (b) upon 180 days' written notice of termination delivered by either Party to  the other.  ARTICLEV QUIET ENJOYMENT (CS:00051431.DOC) 3  PPAB: 2060352v2    Section 5.1 Quiet Enjoyment; Transfer. The County hereby covenants that the Town shall, during the Lease Term, peaceably and quietly have and hold and enjoy the Leased Property without suit, trouble or hindrance from the County, except as expressly required or permitted by this Lease. The County shall not interfere with the quiet use and enjoyment of the Leased Property during the Lease Term. The County shall, at the Town's request, join and cooperate fully in any legal action in which the Town asserts its right to such possession and enjoyment, or which involves the imposition ofa any taxes or other governmental charges on or in connection with the Leased Property. In addition, the Town may at its own expense. join in any legal action affecting its possession and enjoyment of the Leased Property, and shall be joined (to the extent legally possible, and at the Town's expense) in any action affecting its  liabilities hereunder.  Section 5.2 Entry and Inspection. The provisions of this Article are subject to rights oft the  County to enter upon and inspect the Leased Property at any reasonable time.  ARTICLE VI CONSIDERATION FORI LEASE  Section 6.1 Use ofLeased Property; Assumption of Obligations. The Leased Property shall be used by the' Town as aj public entertainment center ("Pickin on the Square" and other similar projects) and other public purposes. The Town shall not limit the entry or use thereof by the general public on the basis of race, color, creed, gender, national origin, or any other discriminatory basis. In addition, in consideration ofi its rights under this Lease, the Town undertakes the obligations imposed on it hereunder, including those imposed by Section 8.1. There shall be no use or consumption of alcoholic beverages Section 6.2 Payments. In partial consideration fori its acquisition of rights to use the Leased Property during the Lease Term, the Town hereby agrees to pay to the County annual rent in the amount of$1.00 payable in advance on the date the lease Commences (receipt of which is hereby acknowledged)  upon the Lease Property.  and on the first day of each Lease Year thereafter.  ARTICLE VII CERTAIN COVENANTS  Section 7.1 Possession. The Town shall take possession of the Leased Property on the date  ofd delivery oft this Lease.  Section 7.2 Maintenance, Repair, Taxes and. Assessments.  (a) Maintenance; Repair. The Town shall use, or cause to be used, the Leased Property in a careful and proper manner, in compliance with all applicable laws and regulations, and, at its sole expense, shall service, repair, maintain and insure the Leased Property, or cause such to be serviced, repaired, maintained and insured, as applicable. The Town shall continually maintain customary insurance on the Leased Property, to include the following: (1) all-risk, fire, casualty and extended coverage insurance covering the Leased Property in an amount not less than one hundred percent oft the full insurable replacement thereof, as the same may from time to time be determined, including any improvements, alterations, and additions; and (2) comprehensive general liability insurance in an amount customarily maintained by the Town, which policy shall be endorsed to include Macon County, its  officers, employees and agents as Additional Insured.  (CS: 00051431.DOC) )4  PPAB 2060352v2    (b) Taxes and Assessments. The Town shall also pay, or cause to be paid, all taxes and assessments, including, but not limited to, utility charges, of any type or nature levied, assessed or charged against any portion of the Leased Property, provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Town shall be obligated to pay only such installments as are required to be paid as and when the same become (c) Contests. The Town may, at its sole expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, if any such contest occurs, may permit the taxes, assessments or other charges sO contested to remain unpaid during the period of such contest and any appeal therefrom, but before such nonpayment it shall consult with the County and, if the County requires, furnish the County with the opinion of a counsel acceptable to the County, to the effect that, by nonpayment of any such items, the interest of the County in the Leased Property will not be materially endangered and that the Leased Property will not be subject to loss or forfeiture. The County will  due.  cooperate fully in such contest on the request and at the expense ofthe Town. Section 7.3 Modification of Leased. Property, Liens.  (a) Additions, Modifications and Improvements. The Town shall, at its own expense, have the right to make, or cause to be made, additions, modifications and improvements to any portion of the Leased Property if such addition, modifications or improvements are necessary or beneficial for the use of such portion of the Leased Property, provided that the Town secures written approval of the same from the County in advance. The County shall have the absolute discretion to give or withhold such approval. All such additions, modifications and improvements shall thereafter comprise part of the Leased Property and be subject to the provisions of this Lease. The Parties may enter into an agreement by which they provide jointly for the improvement of the Leased Property for public purposes, which may establish rights, responsibilities, or rights of ownership that differ from this section; in such event, the Parties agree (b) Liens. The Town will not permit any mechanic's or other lien to be established or remain against the Leased Property for labor or materials furnished in connection with any additions, modifications or improvements made by the Town under this Section, but if any such lien is filed or established and the Town first notifies, or causes to be notified, the County of the Town's intention to do sO, the Town may in good faith contest any lien filed or established against the Leased Property and in such event may permit thei items sO contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom and shall provide the County with full security against any loss or forfeiture which might arise from the nonpayment of any such item. The County will cooperate fully in  that this section will be amended accordingly.  any such contest on the request and at the expense oft the Town.  Except as provided in this Article and except as the County may consent thereto within its sole discretion, the Town shall: not, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Leased Property. Except as provided in this Article, the Town shall promptly, at its own expense, take such action as may be necessary to duly discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim for which it is responsible, ifthe same shall arise at any time; provided that the Town may contest such liens, charges, encumbrances, or claims ifit desires to do SO. The Town shall reimburse the County for any expense incurred by the County in order to discharge or remove any such mortgage, pledge, lien, charge,  encumbrance or claim.  (CS: 00051431.DOC 5  PPAB: 2060352v2    Section 7.4 County's Cooperation. The County shall cooperate fully with the Town in filing any proof of loss or taking any other action under this Lease. Neither the County nor the Town may voluntarily settle, or consent to the settlement of, any proceeding arising out of any insurance claim with Section 7.5 Advances; Performance of Obligations. If the Town fails to take any action required of it under this Lease, then the County may (but is under no obligation to) perform such obligation. The Town agrees to reimburse the County for its costs incurred in connection with  respect to1 the Leased Property without the other's written consent.  performing such obligation.  ARTICLE VIII  DISCLAIMER OF WARRANTIES; OTHER COVENANTS  Section 8.1 Disclaimer of Warranties. THE COUNTY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS: FOR. AI PARTICULAR PURPOSE OR FITNESS FORAE PARTICULAR USE OF THE LEASED PROPERTY OR ANY PART THEREOF OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE. LEASED PROPERTY OR ANY PART THEREOF. The County is not liable for any direct or indirect, incidental, special or consequential damage in connection with or arising out oft this Lease or the existence, furnishing, functioning or use by anyone of any item, product or service provided for herein. Section 8.2 Further. Assurances; Corrective Instruments. The Town and the County agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Leased Property hereby leased or Section 8.3 Town and County Representatives. Whenever under the provisions hereof the approval of the Town or the County is required to take some action at the request of the other, unless otherwise provided, such approval or such request is to be given for the Town by the Town Representative and for the County by the County Representative, and the Town and the County are Section 8.4 Compliance with Requirements. During the Lease Term, the Town and the County shall observe and comply promptly with all current and future orders of all courts having jurisdiction over the Leased Property or any portion thereof (or be diligently and in good faith contesting such orders), and all current and: future requirements of all insurance companies' written policies covering  intended sO1 tol be, or for otherwise carrying out the intention hereof.  authorized to act on any such approval or request of such representative of the other.  thel Leased Property or any portion thereof.  ARTICLE: IX  TITLETO LEASED ROPERTELIMITATIONS ON. ENCUMBRANCES  Except for personal property purchased by the Town at its own expense, any and all additions and modifications to or replacements of any portion of the Leased Property shall become a part of the said property, except as the Parties may agree to the contrary in a future written agreement. This section shall apply notwithstanding (a) the occurrence of any event of damage, destruction, condemnation or construction or title defect; or (b) the violation by the County of any provision ofthis Lease. The County will not voluntarily create any liens or encumbrances on any portion oft the Leased Property without the  Town's consent. PPAB2060352V2  (CS: 00051431.DOC )6    The Town has no right, title or interest in the Leased Property or any additions and modifications to or replacements of any portion oft the Leased Property, except as expressly set forth in this Lease or as  the Parties shall hereafter agree in ai future written agreement.  ARTICLE. X  SUBLEASINGA AND INDEMNIFICATION  Section 10.1 Town's Subleasing. The Town may not assign or sublease the Leased Property, Section 10.2 Indemmification. To the extent permitted by law, the Town agrees to indemnify and save the County, its officers, employees and agents harmless against and from all claims by or on behalf of any person, firm, corporation or other legal entity arising from the operation or management of the Leased Property by the Town during the Lease Term, including any claims arising from: (a)any condition of the Leased Property, (b) any act of negligence of the Town or of any of its agents, contractors or employees or any violation of law by the Town or breach of any covenant or warranty by the' Town hereunder; or (c) the incurrence of any cost or expense in connection with the construction and other accomplishment of the renovations to the Property. The Town further agrees to investigate, handle, respond to, provide defense for, and defend the same ati its sole expense and agrees to bear all other costs and expenses related thereto. The Parties agree to notify each other promptly upon notice obtained by either Party of any action or proceeding brought in connection with any claims arising out of  in whole or inj part, without thej prior written consent oft the County.  circumstances described in (a),(b) or(c)above.  ARTICLE: XI EVENTS OF DEFAULT  Section 11.1 Events of Default. Each of the following is an "Event of Defaul" under this Lease and the term "Defaul" means, whenever it is used in this Lease, any one or more ofthe following  events:  (a) The Town's or the County's failure to observe and perform any covenant, condition or agreement on its part to be observed or performed for a period of 30 days after written notice specifying such failure and requesting that it be remedied has been given to the defaulting party by the non-defaulting party, unless the non-defaulting party agrees in writing to an extension ofs such time before its expiration; but ift the: failure stated in such notice cannot be corrected within the applicable period, the non-defaulting party shall not unreasonably withhold its consent to an extension of such time if corrective action is instituted by the defaulting party within the applicable period and diligently pursued until such failure is corrected and, further, ifby reason of any event or occurrence constituting force majeure the defaulting party is unable in whole or inj part to carry out any of its agreements contained herein (other than its obligations contained in Section 6.2 or 8.1 hereof), the defaulting party shall not be deemed in default during the  continuance ofs such event or occurrence.  (b) The dissolution or liquidation of the Town or the County or the voluntary initiation by the Town or the County of any proceeding under any federal or state law relating to bankruptcy, insolvency, arrangement, reorganization, readjustment of debt or any other form of debtor relief, or the initiation against the Town or the County of any such proceeding which shall remain undismissed for 60 days, or the entry by the Town or  CS:00051431DOC)7  PPAB 2060352v2    the County into an agreement of composition with creditors or the Town's or the Section 11.2 Remedies on Default. Whenever any Event of Default has happened and is continuing, the non-defaulting party may terminate this Lease or take whatever action at law or in equity may appear necessary or desirable, including the appointment of a receiver, to collect the amounts then due, or to enforce performance and observance of any obligation, agreement or covenants under this Section 11.3 No Remedy Exclusive. No remedy herein conferred on or reserved is intended to be exclusive, and every such remedy is cumulative and in addition to every other remedy given hereunder and every remedy now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing on any default impairs any such right or power, and any such right and power may be exercised from time to time as may be deemed expedient. Iti is not necessary to give any notice in order to be entitled to exercise any remedy reserved in this Article XI, other than such notice as may be  County's failure generally to pay its debts as they become due.  Lease.  required in this Article XI.  Section 11.4 Waivers. If any agreement contained herein is breached by either party and thereafter waived by the other party, such waiver is limited to the particular breach sO waived and will not be deemed to waive any other breach hereunder. A waiver of an event of default under the Contract shall constitute a waiver of any corresponding Event of Default under this Lease; provided that no such waiver shall extend to or affect any subsequent or other Event of Default under this Lease or impair any right Section 11.5 Waiver of Appraisement, Valuation, Stay, Extension and Redemption Laws. The Town and County agree, to the extent permitted by law, that int the case ofat termination oft the Lease Term by reason of an Event of Default, neither the' Town nor the County nor any one claiming through or under either oft them shall or will set up, claim or seek to take advantage of any appraisement, valuation, stay, extension or redemption laws now or hereafter in force in order toj prevent or hinder the enforcement ofa any remedy provided hereunder; and the Town and the County, for themselves and all who may at any time claim through or under either of them, each hereby waives, to the full extent that it may lawfully do  consequent thereon.  SO, the benefit ofs such laws.  ARTICLE XII MISCELLANEOUS  Section 12.1 Notices. All notices, certificates or other communications hereunder are sufficiently given if given by United States mail in certified form, postage prepaid, and will be deemed to have been received five Business Days (as defined int the Indenture) after deposit in the United States mail  inc certified form, postage prepaid, as follows:  (a) Ifintended: for the County, addressed to it at the following address:  County of Macon, North Carolina 5 West Main Street Courthouse Franklin, North Carolina 28734 Attention: Finance Director  (CS:0051431.DOC8  PPAB 2060352v2    (b) Ifintended for the Town, addressed to it at the following address:  Town ofI Franklin 95. E. Main Street Franklin, North Carolina 28734 Attention: Town Manager  Section 12.2 Binding Effect. This Lease is binding on and inures to the benefit oft the Town Section 12.3 Net Lease. This Lease is a "net lease," and the Town shall pay absolutely net during the Lease Term all other payments required hereunder, free of any deductions, and without Section 12.4 Payments Due on Non-Business Days. If the date for making any payment or the last day for performance of any act or the exercising of any right, as provided in this Lease, is not a Business Day, such payment may be made or act performed or right exercised on the next succeeding day that is a Business Day with the same force and effect as if done on the nominal date provided in this Section 12.5 Severability. If any provision of this Lease, other than the requirement of the County to provide quiet enjoyment of the Leased Property, is held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision  and the County, subject, however, to the limitations contained in Article XI.  abatement or setoff.  Lease.  hereof.  Section 12.6 Execution in Counterparts. This Lease may be simultaneously executed in several counterparts, each of which is an original and all of which constitute but one and the same Section 12.7 Applicable Law. This Lease is governed by and to be construed in accordance Section 12.8 Captions. The captions or headings herein are for convenience only and in no Section 12.9. Amendments and. Further Instruments. The County and the Town may, from time to time, execute and deliver such amendments to this Lease and such further instruments as may be Section 12.10 Memorandum of Lease. The County and the Town shall, on or before the Closing Date, file this Lease or a memorandum ofthis Lease legally sufficient to comply with the relevant provisions oft the North Carolina General Statutes with thel Macon County Register of Deeds. Section 12.11 E-Verification. The Parties shall comply with the requirements of G.S.  instrument.  with the laws of the State of North Carolina.  way define, limit or describe the scope or intent ofa any provisions or sections ofthisLease.  required or desired for carrying out the expressed intention ofthis Lease.  Chapter 64, Article 2(i.e., E-Verify Requirements).  (CS: 00051431.DOC)9  PPAB 2060352v2    IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed in their  corporate names by their duly authorized officers, all as ofthe day and year first above written.  COUNTY OFI MACON, NORTH CAROLINA  By:  [SEAL] Attest: Derek Roland  James P. Tate  Chairman, Board of Commissioners  Clerk tot the Board of Commissioners STATE OF NORTH CAROLINA ) COUNTY OF MACON  ) )  I,al Notary Public oft the County and State aforesaid, certify that Derek Roland (the "Signatory") personally came before me this day and acknowledged that he is the Clerk to thel Board of Commissioners for the County of Macon, North Carolina and that by authority duly given and as the act of said County, the foregoing instrument was signed in its name by the Chairman oft the Board of Commissioners of the County of Macon, North Carolina and attested by him as Clerk to said Board of Commissioners.  Icertify that the Signatory personally appeared before me this day, and  (check one ofthe following)  (I have personal knowledge oft the identity oft the Signatory); or (I have seen satisfactory evidence of the Signatory's identity, by a current state or federal identification with the Signatory's photograph in the form of:  (check one ofthej following) a driver's license or int the form of  J;or  (a credible witness has sworn to the identity oft the Signatory).  The Signatory acknowledged to me that he voluntarily signed the foregoing document for the  purpose stated therein and int the capacity indicated.  Witness my hand and official stamp or seal, this the  day of  2018.  Notary Public  Print: Name:  [Note: Notary Public must sign exactly as on notary. seal] 6 [NOTARY SEAL] (MUST BE: FULLY LEGIBLE)  My Commission Expires:  COINTERFAAISONATUREN PAGETOTHE LEASE]  (CS: 00051431.DOC)    TOWN OF FRANKLIN  By:  [SEAL] Attest:  ROBERT S.S SCOTT, MAYOR  Travis Tallent, Town Clerk STATE OF NORTH CAROLINA COUNTY OF MACON  Lal Notary Public of the County and State aforesaid, certify that Travis Tallent (the "Signatory") personally came before me this day and acknowledged that hei is the Town Clerk for the Town ofl Franklin and that by authority duly given and as the act of said Town, the foregoing instrument was signed in its  name by the Mayor ofs said Town and attested by him as Secretary of said Town. Icertify that the Signatory personally appeared before me this day, and  (check one ofthej following)  (I have personal knowledge oft thei identity of the Signatory); or (I have seen satisfactory evidence of the Signatory's identity, by a current state or federal identification with the Signatory's photograph in the form of:  (check one ofthefollowing) a driver's license or int the form of  ); or  (ac credible witness has sworn to the identity ofthe Signatory).  The Signatory acknowledged to me that he voluntarily signed the foregoing document for the  purpose stated therein and in the capacity indicated.  Witness my hand and official stamp or seal, this the  day of  2018.  Notary Public  Print: Name:  [Note: Notary Public must sign exactly as on notary. seal] de [NOTARY SEAL] (MUST BE FULLY LEGIBLE)  My Commission Expires:  (CS: 00051431.DOC PPAB 2060352v2    EXHBIT A  LEGALDESCRIFTION OF THELEASED PROPERTY  Lands lying and being in the Town of Franklin, Franklin Township, Macon County, North Carolina, and being more particularly described as the "County Square" within the Town of Franklin, and said property BEGINNING at aj point on the North edge of the sidewalk on the North side ofl Main Street in the Town of Franklin where the same intersects with the East line of the square; runs thence with the North side of said sidewalk in a Westerly direction to the East margin of Iotla Street; thence Northerly with the East Margin of Iotla Street to its point of intersection with the South margin of the service road leading to the parking lot behind Outdoor 76; thence in an Easterly direction with the South margin of said access road to the Northeast Corner of the square; thence with the east line of the square property in a Southerly  being more particularly described as follows:  direction to the point of BEGINNING.  (CS:00SLSIDOC)A-1  PPAB: 2060352v2    PREAUDIT CERTIFICATE  This Instrument has been pre-audited as required by thel Local Budget and Fiscal Control Act.  This the  day ofl May, 2018.  Macon County Finance Officer  PREAUDIT CERTIFICATE  This instrument has been pre-audited as required by the Local Budget and Fiscal Control Act..  This the  day of May, 2018.  Town of Franklin Finance Officer  (CS: 00051431.DOC) JA-2  PPAB 2060352v2    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: April 10, 2018 DEPARTMENT/AGENCY: policies and fee schedules  Public Health  SUBJECT MATTER: Fiscal Year 2018-19 billing and collection  COMMENTS/RECOMMENDATION:  Attached please find three documents: (1) the Billing and Collection Policies for Public Health for Fiscal Year 2018-19, (2) the agency's fee schedule and (3) an internal policy regarding the refund of fees charged by the Environmental Health Department. Public Health Director Jim Bruckner will be at the meeting to present these documents and to answer questions.  Attachments 3 Agenda Item 11A  Yes  No    MACON COUNTY PUBLIC  HEALTH  FY - 187-  198  Billing and Collection Policies  And  Fee Schedules  Effective  Presented to and Approved by Board of Health on Presented to and Approved by Board of Commissioners on    MACON COUNTYPUBLICI HEALTH    MCPH Billing Guide FY 18-19  Effective 7/1/18  BILLING. AND COLECTIONPOLICIES  RATIONALE  North Carolina law' allows a local board of health to impose a fee for services tol 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 of County Commissioners; And, fees collected under the authority oft this subsection are to be deposited to the account of 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. int thel best interest of our community for thel Health Center to:  Assure that all residents can get alll legally required public health services.  Provide as many other recommended and needed health services as possible, within the 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.?  Thej purpose of charging fees ist to increase resources and use them to meet residents' needs in a fair and balanced way. Fees are necessary to help identify and cover the full cost of! providing public health services. As much as possible, fees are based on the true cost of providing a 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 the Board of Health and the Board of Commissioners in the amount oft thei increased cost for The information in the document below is the fee plan for FY 16, effective on July 1,2015. This Billing Guide for  prevision ofs said services.. A list of Health Center fees is available upon request.  FY161 replaces all earlier plans. COST OF SERVICEDETERMINATION  Costs for services received through the Health Center are based on the actual cost of the service Cost analysis takes into account all oft 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 fors services and then adding Calculating direct cost: Direct costs are expenses that can be easily related tot the provision ofas specific service, i.e., physiçian and support staffs salaries and benefits, medical supplies, labi 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 bej 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 of the service.  and marketing expenses.  North Carolina General Statue 130A-39(g) ?IAWTitle X843(42CFR.S92)  Page 2    MCPH Billing Guide FY 18-19  Effective 7/1/18  PAYMENT: BY CONSUMER OR RESPONSIBLE THURD PARTY (SELFPAY)  Fees are charged for services and collected at the Health Center. See attachment for fee schedule. All fees aret the responsibility oft the consumer, consumer or responsible third party and may be subject to the sliding fee scale. No consumer will be refused services solely on 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 of service. Consumers will be informed oft their account status at each visit. An itemized receipt showing total charges, as well as any discounts will be provided to' individuals at time of payment. Third parties authorized or legally responsible toj pay for consumers at or below 100% oft the Federal Poverty Level are properly billed. Fees for adult dental services will be collectedi before the service is rendered. Prepayment of co-pays for all services in which co-payments apply will be required and collected when Fees will be charged to individuals in families with annual gross incomes exceeding specified levels ofa a scale based on current Federal Poverty Income Guidelines. Verification ofincome and family size must be provided to determine a consumer's eligibility status. Falsification of 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 the time of screening, the charge for all: services will be at 100% pay and a Payment. Agreement will be presented tot the consumer for signature until verification is provided. If verification ofincome is received within thirty days ofas service, the charge will be retroactively adjusted to reflect percent pay based on verificationi received. Verification received after thirty days will be applied only to future services. Eligibility ofMedicaid will be determined where applicable. Individuals willl be requested to provide all social security numbers and names used: for employment purposes. Ifan individuali refuses to provide information to Customary visit services for mandatory childhood immunizations, community outreach, Tuberculosis (TB), TB related X-rays, Sexually Transmitted. Disease control (STD), and other epidemiological. investigations are provided at no cost tot 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 other technological services, ifappropriate. The costs of services performed by providers not affiliated with Macon County Public Health are the responsibility ofthe 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  Miseelancousgeneral services (see Miscelaneous/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 of enrollment under Medicare, Medicaid, insurance or other third party payment plan ist required by presentation ofa valid card at the time of service. The Health Center is required to bill only participating 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 bel billed per the third party agreement. When the claim is returned from the third party payer all discounts are applied att 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 willl be responsible: for full payment ofs service when the service is delivered. The consumer  Page 3    MCPH Billing Guide FY 18-19  Effective 7/1/18  ist responsible for charges not covered by third party payers. Co-pay amounts must be paid at thet time ofs services and  are not subject to the sliding fee eligibility scale.  Sliding fee scale discount does not apply in the following situations:  a. Consumers with insurance in which MCPH is not participatingp provider. servicesi i.e. Family Planning services and Communicablel Disease Services). C. Insurance co-payments (when MCPHis aj participatingprovider)  b. Consumers with any insurance who choose not to use their coverage (exception those requesting confidential  ACCOUNT COLLECTIONS. AND BAD DEBT  The Health Center will issue all consumers ai monthly statement ofi 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 who have not made aj payment on their accounti for any service(S)received. from Macon County Public Health for 120 days shall be required to pay their past due balancel 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 thel NC: Department of Revenue  furtherinformation).  Accounts will be reviewed annually for bad debt status, and at that time with the approval oft the BOH and the BOCC's the amounts may be written off for accounting purposes if noi 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 offas 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 DONATIONPOLICY  A consumer may choose to make a donation to the agency. The consumer will never be asked to makea a donation, but ifoffered 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 CHECK POLICY  A $25.001 fee will be charged for ai returned check written to. Macon County Public Health (MCPH). The consumer will ber notified via telephone or letter. All returned checks willl be made good via cash, money order, and/or certified check. Ifa consumer has two returned checks within a one-year period, he/she will be required to pay 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 of services. (Exception: Family Planning, Child Health and Maternal Health services for families with income at or below 250% of Federal Poverty should not pay more in co-payments or additional fees than what they otherwise pay when a Schedule ofl Discounts is applied. 421 U.S.C.300 et seq./42 CFR59.5()(9)).  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 SERVICEDENIAL  Effective 7/1/18  Noi 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 not 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 to 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 subsidizingi the cost for certainl 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 in this plan will bej 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 of address at time of service. COMPLIANCE WITHT TITLE VI AND VII, OF 42 US CODE CHAPTER21  The MCPH complies with Title VI and Title VII ofthe Civil Rights Act of 1964 and all requirements imposed by or pursuant to1 the regulations. Staffwill not discriminate against any consumers because ofage, sex, race, creed, national origin, or disability. Staffwill ensure consumers with LEP are provided adequate language  assistance sO they have meaningful access to the agency'sservices.  PROGRAM SPECIFIC! INFORMATION  COMMUNICABLEDISEASE CONTROL  Deals with thei investigation and follow-up of all reportable communicable diseases. Testing, diagnosis, treatment, and referring as appropriate, ofa variety of STD's. Provides follow-up and treatment ofTB cases and their contacts. No fees are charged directly to consumers for these services as stated in Program Rules (exception Medicaid or other third party agent can be billed with the consumer's permission).  Eligibility:  Nor residency or financial requirements  BREAST AND CERVICALCANCER CONTROL PROGRAM (BCCCP)  Provides pap smears, breast exams and screening mammograms, assists women with abnormal breast ammatonymammogams or abnormal cervical screenings to obtain additional diagnostic examinations.  Eligibility:  Must be ai resident of Macon 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- 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 of age, including step-children who live in  have al household: income at or below 250% of thei federal poverty level.  thel home.  Proof ofi income must bej provided.  CHILDI HEALTH  Well child exams conducted by (appropriate provider); exam includes medical, social, development, nutritional history, lab work, and physical exam. MCPH accepts self-pay; most Private Insurances; Health Choice;  Medicaid Eligibility:  Residents ofl Macon County; Birth thru 20 years;  >Discounts are used for incomes between 101 -250% of] 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 ist noti intended  to replace an individual's primary carej provider.  Eligibility:  Alle employees must participate in the county's" "Health Risk. Assessment" New employees int the waiting period for their health insurance 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 are based on salary expense toj prepare and deliver the program; current mileage rates ift travel is required; as well as any materials, laboratory, or medical supplies costs. An administrative supplement of 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, also known as the LIFE program, provides employee health screenings followed by customized programs and consultation services to address the health needs oft the employees. Fees fort 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 for 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 to immunizations.  Page 6    MCPH Billing Guide FY 18-19  Effective 7/1/18  Eligibility:  Nor residency or financial requirements fori immunizations. CARE COORDINATION. FOR 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 whol have been diagnosed with developmental delay or disability, longt term illness and/or social, emotional disorder may be eligible for  the program. FAMILYPLANNING  Clinic designed to assist women in 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 ofDiscounts is used fori 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 forl Family Planning Services are provided without regard to residence: requirements and without ai referral by aj physician (42 Proof of income must be provided. (Exception: for those requesting "Confidential Services" that do not have proof fofincome or by producing proofofincome may put their confidentiality at risk, they may write as 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% ofFederal Poverty should not pay more in co-payments or additional fees than what they otherwise pay when a Schedule of Discounts is applied. (42 U.S.C. 300 et seq.42 CFR 59.5 (a)(9)). AI 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 to Debts set-off. Income information reported on thel Family Planning financial eligibility screening can be used through other programs rather than re-verification ofi income or relying on the consumer declaration. Pregnancy tests will be charged based on the qualifying Schedule ofl Discounts.  services.  U.S.C. 300 et seq./42 CFR59.5()(5).  MISCELLANEOUS/GENERAL SERVICES/ADULTHEALTH  Include: daycare, DOT, foster care, employment or other specialty physical exams; laboratory services,  women'sh health  Page 7    MCPHI Billing Guide FY 18-19  Effective 7/1/18  Eligibility:  18 years and older (exception, laboratory services)  Residents of] 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 beingi rendered. Any additional fees associated with a visit willl be added to the consumers account and  paid in full at checkout. MATERMALHEALTH  Prenatal care is medical care: recommended for women during pregnancy. The aim ofg good prenatal care ist to detect any potential problems early, to 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 two trimesters (from week one to week 28 of pregnancy), every two weeks from 281 to week 36ofpregnancy: and weekly after week 36 (until the day of delivery that could be between week 38 and 40 weeks). MCPHa accepts self-pay; most Private Insurances; Medicaid or potentially  Medicaid eligible. Eligibility:  Residents ofl Macon eligibility policy and residency requirements attached Maternal Health consumers willl be required to have proofofresidency  Proofofincome is required.  Schedule ofDiscounts is used fori incomes between 101 -250% of Federal Poverty. Consumers whose inçome 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 COORDINATIONMANAGEMEMENT(OBCM)  Case manager assists pregnant women in receiving needed prenatal care and pregnancy related services.  Eligibility:  Residents of] 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 bel 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 of Macon County between the ages of21- 64  Page 8    MCPH Billing Guide FY 18-19  Effective 7/1/18  WOMENINFANIS.AND CHILDREN: NUTRITIONPROGRAMI (WIC)  Supplemental nutrition and education program toj provide specific nutritional foods and education services to Eligibility: WIC is available to pregnant, breastfeeding, and postpartum women, infants, and children upt to age  improvel health status oftarget groups. 5 who meet the follow criteria: Bea aresident ofl Macon County; Be at medical and/or nutritional risk;  Have a family income less than 185% ofthe US Federal Poverty Level; Medicaid, AFDC, or food stamps automatically meet the income eligibilityrequirement  CHILDRENS DENTAL: PROGRAM  The Macon County Children's] Dental Clinic (Molar Roller) provides comprehensive general dental services to children from birth to 20 years ofage. 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 a maximum  discount of75%. Eligibility:  Resident of Macon County.  ADULTDENTAL PROGRAM  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% of federal poverty with a maximum discount of50%.  Eligibility:  Residents ofl Macon County.  Charges not eligible for sliding fee scale discount include: Services not covered by Medicaid or Health Choice andi those covered by insurances which MCPHi is not a participating provider. Fees for adult dental services willl 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:  Nol kestncionykequrements EXAMPLES  Candopaimomyromciaton (CPR)  Page 9    MCPH Billing Guide FY 18-19  Effective 7/1/18  Automated external defibrillators(AED)  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 for a fee Pre-registrationa and pre-payment are required. Fees for the specific educational components are based on current  American Red Cross pricing.  NUTRITION SERVICES:  DSME Services:  Macon County Public Health offers Diabetes Selt-Management Education/Iraining services accredited by the American Diabetes Association The registered dietitians are credentialed and certified providers with some third party payors.. For consumers with third party insurance,, a physician referral and medical diagnosis of diabetes is required in order for the insurance to be 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% offederal poverty with a maximum discount of20% in which the consumer is responsible for payment to thel 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, a small program fee will 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) sponsored scholarship and therefore arei not charged a fee for the program, but are  eligible for the 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 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 consumer is responsible for payment to the  health center priort to service being rendered to consumer.  ENVIRONMENTALHEALTH  Page 10    MCPH Billing Guide FY18-19  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 ofa application.  REFUND POLICY:. Attached  ANIMALSERVICES  Unlike other health department fees. Animal Service fees are determined at the will of the Boards of Health and County Commissioners. Animal Service fees from other counties are taken into consideration. Fees for  Animal Services are due at time of Service.  Guidelines for Determining Elements ofthe Sliding Fees 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 int the consumer'st medical record and in HIS. Consumeri income information reported can be used to determine eligibility for other sliding fee 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  A1 family is defined as a group ofrelated or non-related individuals who are. living together as one economic unit. Individuals are considered: 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! living in the same house with other individuals may be considered a separate economic unit. For example, iftwo sisters and their children livei in the same house and both work and support their  own children, they would be considered a separate household. EXCEPTIONSTOECONOMICUNIT  A. Un-emancipated minors and others requesting confidential services will be considered ai family unit of  one, and fees willl be assessed based on their own income.  B. A foster child assigned by DSS shall always be considered: a 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 tot total cash reçeipts 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 of goods. This list ist not alli inclusive. Documenisaccplable fori income verifications:  Current pay stub (noting the pay timeframe i.e.: weekly, bi-weekly etc.) business name, address and phone number and must bel legible.  Signed statement from employer indicating gross earnings: for a specified pay period, statement must include the  W-2 Forms Unemployment letter/notice 1099'sreceived. from IRS  Award letter from Social Security Office, VA or Railroad Retirement Board must be provided in order to allow deductions for business expenses.  For Self-employment: Accounting records or income tax return for the most recent calendar year, entire tax return  Page 13    Modifier    E    E 8                                                            H                        Policy and Procedure Title: Refunds.  MACON COUNTY PUBLIC HEALTH CENTER  Policy 299,4 Section/ Program/ Program Area: Administration Persons Affected  Revision#: 4  Page1of3  Environmental Health Policy: and Procedures  Original Effective Date:  This Revision Effective:  417/98  11/01/16  Environmental Health Supervisor and Program Specialists, Environmental Health Speclalists and Administrative agent  Approved By: James Date:  Director Kyle Health  U. - 1 ulili  Supehisor Il Summary of Changes Elaboration ofc content & puti into newt template Changed policy numbert from 200.4to2 299.4 Added Definitions Removed' contractor" from definition of Agent Updated References  h2  Date of Revislon 9/24/08 09/13/12 10/01/15 11/01/16  Section All All 3.0 3.0 7.0  Revision History  1.01 Purpose 2.0 Policy  To establish a policy or procedure for issuance of refunds  Int the normal course of providing environmental health services it will be necessary toi issue refunds for fees charged by the Environmental Health Section. The purpose of this policy and accompanying procedures is to maintain consistency and fairness in deciding when and under what circumstances refunds are to be issued. In order to facilitate a consistent refund policy, all Environmental Health agent shall refer to and apply the plan and procedures outlined in this policy when discussing the Section refund policy with the general public or when submitting request fora  refund disbursement. 3.0 Definitions  3.1Agent: employee, board member, consultant, vendor, volunteer or others acting on behalf of 3.2Consumer is any individual who uses services provided by the agency whether clinical or  the MCPH who are subject to this Policy/Plan.  non-clinical in nature. 4.0 Applicable Law, Rules and References North Carolina G.S. 130A-39(g)  5.0 Responsibilities  The Environmental Health Supervisor is responsible for signing and approving all refunds of the Section. Is shall be the responsibility of the program supervisor to make recommendations to the    Policy and Procedure Title: Refunds  MACON COUNTY PUBLIC HEALTH CENTER  Policy 2994  Revisiont #: 4  Page2of3  Health Director regarding refunds on specific services. The Environmental Health Supervisor may approve exceptions to the policy where unusual or extenuating circumstances exists.  6.0 Procedure  6.1. GENERAL PROCEDURES:  6.1.1 This policy and/or proçedure will remain in effect until revision is needed and users 6.1.2 General Information: Fees are generally to be considered non-refundable when a particular service has been rendered by the agency. Service is considered rendered when an appointment has been made; an Environmental Health Specialist (EHS) has made the initial site visit: or has otherwise substantially delivered the requested service. Fees cannot be refunded because the consumer no longer wishes to pursue. the original project. Fees may be transferred to other services provided the original service has not been rendered. Transfers of fees must be accomplished within 60 days of the cancellation request for the original service. Applications not acted upon within 60 days will be considered inactive until notified by the consumer. Inactive applications may be refunded upon request within one year of the initial application date. Only the Section Supervisor upon recommendation of the Program Specialist may approve exceptions to this  are informed of the revision.  policy.  6.2 SPECIFIC PROCEDURES:  6.2.1 Improvement Permits - May be refunded if the service has not been rendered. Refunds for this service are to be the full amount of the original fee. Refunds are not to be issued where the EHS determines that the property cannot be used for the intended project, or if the consumer has failed to meet site requirements necessary for site evaluation prior to the expiration date. Determination of the suitability or unsuitability of a site for particular project is considered completion of the service regardless of the outcorhe or the amount of time spent making the 6.2.2 Authorization to Construct - May be refunded if the service has not been rendered. Refunds for this service are to be the full amount of the original fee. Refunds are not to be issued where the EHS determines that the property cannot be used for the intended project, or if the consumer has failed to meet site requirements necessary for site evaluation prior to the expiration date. Determination of the suitability or unsuitability of a site for particular project is considered completion of the service regardless of the outcome or the amount of 6.2.3 Repair Permit - May be transferred and applied toward additional Permit  determination.  time spent making the determination.  requirement.    Policy and Procedure Title: Refunds  MACON COUNTY PUBLIC HEALTH CENTER  Policy; 299.4  Revision# #: 4  Page3of3  6.2.4 Authorization to ConstructExisting System Expansion or Change - May be  refunded if the service has not been rendered. Refunds for this service are to be the full amount of the original fee. No refund is authorized  where denial of request has been issued.  6.2.5 Existing System Inspection- May be refunded if the original service has not been  rendered. May be transferred and applied toward additional Permit requirement. Refunds or transfers are to be the full amount of the  original fee.  6.2.6 Annual Mobile Home Park Inspection- May be refunded only if the service has 6.2.7 Well Construction/Repair - May be refunded only if the service has not been 6.2.8 Other Fees- Refunds for other fees charged by the Environmental Health Section  not been rendered. rendered.  will be in accordance with the policy as indicated in "General  Information".  7.0 Reference Plans and Policies 7.2101.1 Collection of Funds  7.1 MCPH Fee Plan - Approved by the Board of Health 7.3 101.4 Accounting and Financial Management    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: Aprill 10, 2018 DEPARTMENT/AGENCY:  Governing Board/Board of Education  SUBJECT MATTER: South Macon Elementary School expansion  COMMENIS/RECOMMENDATION:  (1)Attached please find the Interlocal Agreement prepared by the County Attorney and John Henning, Jr., the attorney for the Macon County (2)Also attached is the Memorandum ofLease Extension and Subordination (3)The board is also being asked to schedule a public hearing on the proposed financing for the school expansion project at its June 12, 2018 The Finance Director and County Attorney can provide additional details at  Board of Education.  Agreement prepared by both parties.  regular meeting. the meeting.  Attachments  2 Yes  No  Agenda Item 11B (1,2 and3 3)    STATE OF NORTH CAROLINA COUNTY OF MACON  INTERLOCAL AGREEMENT  THIS AGREEMENT, made this  day of  2018, by and between  the COUNTY OF MACON, al body politic and corporate of the State ofNorth Carolina (hereinafter sometimes referred to as the "County") and the MACON COUNTY BOARD OF EDUCATION, a school administrative unit ofNorth Carolina (hereinafter sometimes referred to  as the "Board of Education" or "Board," and collectively the "Parties"):  WITNESSETH:  WHEREAS, G.S $160A-460 et. seq. authorizes interlocal cooperation between units of WHEREAS, pursuant to G.S. $160A-20, as amended, the County may finance the acquisition of property and the construction offixtures or improvements on real property by contracts that create in the fixtures or improvements, ori in all or some portion ofthe property upon which the fixtures ori improvements are located, ori in both, a security interest to secure  local government in the joint exercise of powers as provided therein:  repayment oft the moneys advanced or available for construction;  WHEREAS, the County acquired that certain real property located at 855. Addington Bridge Road, Franklin, as described in that Deed dated December! 30, 1999, from Nelson W. Bates and wife, Maxine Bates to Macon County, recorded in the Office ofthe Register of Deeds for Macon County, North Carolina in Deed Book S-23 at page 1909-1910, and upon which the Parties cooperated to construct the South Macon Elementary School building (the "School  Property");  WHEREAS, it is now the intent oft the Parties that the existing school facilities located on the School Property will be expanded, renovated, repaired, and improved (hereinafter the  "School Project,");  WHEREAS, the County will attempt to arrange to finance the School Project pursuant to an Installment Financing Contract, (the "Installment Financing Contract"), between the County and Lenders of its choosing (the "Lenders") and upon terms that it deems to be satisfactory to itself within its sole discretion, pursuant to which the Lenders will advance to the County amounts sufficient toj pay the costs of construction ofthe School Project and other components of the Project (as defined in the Installment Financing Agreements), and the County will agree to repay the advance, with interest, in Installments (the "Installment Payments");  WHEREAS, the County's obligations under the Installment Financing Agreements, including the making oft the Installment Payments thereunder, will be secured by Deeds ofTrust granting a lien on the School Property and including all buildings, improvements and fixtures located thereon, all to be more fully described in a Deed ofTrust and other evidences of  indebtedness;  WHEREAS, G.S. $160A-274 authorizes units oflocal government to sell, lease, exchange, or jointly use governmental real property upon such terms and conditions as such units  deem wise;  (GS:00051983.DOX)  1    WHEREAS, the County is entitled to ai refund from the State ofNorth Carolina pursuant toG.S. $105-164.14 and other applicable laws for sales taxes paid to the State for tangible personal property directly purchased by the County and indirectly incurred for building materials, supplies, fixtures, and equipment that become aj part of a building or structure owned by the County that is being erected, altered or repaired for use by the County on behalf ofthe  Board ofEducation;  WHEREAS, the County holds fee simple title to the School Property; and  WHEREAS, the County desires for the Board of] Education to oversee the School Project  and the Board of Education is willing to undertake such obligation as described in this  Agreement;  NOW THEREFORE, the Parties hereto agree as follows:  I.  The Board of Education agrees:  A. To recommend for execution by the County contracts for the construction and contract administration of proposed renovations, repairs and improvements to the school building located on1 the School Property as set forth hereinabove, and to recommend the acquisition of necessary personal property associated with and to be used in connection with the proposed school construction ori improvements as required by law. The Board of Education shall act as the authorized representative of the County in connection with such contracts pursuant to and within the limits ofthe Agreement and shall assign any contracts to the County, as  necessary.  B. To: retain sole responsibility for decisions relating to the design of school  renovations, including school facilities or additions to school facilities within the  scope oft this Agreement.  C. To supervise the contracts for the design and for the construction of proposed expansion, renovations, repairs, and improvements to the school building on1 the  School Property (hereinafter Supervisory Powers").  D. To approve for the County the architectural design, plans and specifications (the "Plans") that County, in consultation with the Board ofEducation, has caused to bej prepared and is preparing for the School Project by Novus Architects, Inc The Board reviewed and approved the Plans at its regular meeting on April 23,2018.. E. To use its best efforts to cause the construction and equipping of the School Project in accordance with the Plans therefore to be completed in an expeditious manner and in accordance with the Installment Financing Agreement and related financing documents and any applicable requirements of governmental authorities  and law.  (CS:00051983.DOC)  2    II. The County agrees:  A. To hold the School Property, upon the terms and conditions set forth herein until ownership is transferred to the Board ofEducation upon the terms and conditions  set forth herein.  B. To appoint the Board of Education asi its representative for the purpose of proposing and supervising the contracts for the design and construction of proposed renovations, repairs and improvements to the school building (hereinafter "Supervisory Power") sO as to assure that the same are constructed in  accordance with the Plans for the School Project.  C. To enter into contracts for the erection, construction, and development of school renovations to the school building consistent with the terms and conditions ofthis Agreement, and to assume responsibility for approving change orders to the  Plans..  D. Toa assume responsibility for any litigation arising from the School Project. E. To appoint the County Manager as its representative for the purpose of approving change orders deemed necessary and proper under the construction contracts for the School Project which are within the scope oft the Project, within the budgeted contract amount, and not in excess of $5,000. For purposes oft this Paragraph, change orders shall not be divided for purposes of avoiding the application ofthis dollar threshold. Change Orders in excess of $5,000 shall be approved by the  Board of County Commissioners.  F. To submit refund claims to the State ofNorth Carolina under N.C. Gen. Stat. 105- 164.14 and other applicable laws for sales taxes paid to the State by the County for the construction of the proposed expansion, renovations, repairs, and improvements to the school building under the School Project, and the acquisition ofi necessary personal property associated with and to be used in connection with the proposed school improvements, as considered and approved by the County  under Paragraph I.A oft this Agreement.  G. Toi reserve the sales tax refunds received for school construction and equipment H. To convey to the Board ofEducation the School Property promptly following  purchases.  satisfaction of debt service by the County.  III. Both Parties agree:  (G:0051983.DOCX)  3    A. This Agreement shall be limited to school renovation projects financed by installment purchase contracts pursuant to N.C. Gen. Stat. Sec. 160A-20, as  referenced hereinabove.  B. The County Manager and the Superintendent of Schools are authorized to administer this Agreement on behalfofthe County and the Board of Education, All contracts for the proposed expansion, renovations, repairs, and improvements to the school building entered into pursuant to this Agreement shall be executed by and between the County and the persons or entities providing goods or services therefore. Further, each Party agrees that it shall comply with the requirements of G.S. Chapter 64, Article 2 (the "E-Verify Requirements"). Each contract entered into for the purposes expressed in this Agreement will require the contractor to comply with the E-Verify Requirements, and further that such contractor shall require any subcontractors to likewise comply with the same.  respectively, as necessary.  C.  D. The County is authorized to and shall make payments for the proposed expansion, renovations, repairs, and improvements to the school building entered into pursuant to this Agreement. In addition to the provisions of] Paragraph II ofthis Agreement, any change orders requested in excess ofthe budgeted amount encumbered for each project shall be considered for approval by the Board of County Commissioners, or otherwise considered for approval in the manner in  which the County usually conducts business..  E. All personal property placed or moved into the School Property subject hereto shall be at the risk of the Board of Education, and the County shall not be liable to the Board for any damages to said personal property. In no case shall either party seek indemnification from the other with respect to any claim that arises from its Personnel ofthe County and the Board are to execute the undertaking oft this Agreement within funds made available by the County and the Board of  own: negligence.  F.  Education for this purpose.  G. Inc consideration oft the grant of Supervisory Power by the County to the Board of Education pursuant to Paragraph II ofthis Agreement, the County and the Board ofE Education hereby agree as follows in connection with the renovation and equipping oft the School Project by the Board of Education:  1.  The Parties to this agreement shall comply with the provisions oflaw, including all applicable laws relating to the procurement of construction and equipment through competitive bidding. The County shall obtain all orders, permits or similar governmental approvals necessary for the expansion, renovation, and operation ofthe School Project. The County shall cause the expansion, renovation, and equipping oft the School Project  (CS:00051983.DOCX)  4    toj proceed expeditiously in accordance with the plans and specifications therefor, all applicable ordinances and statutes, and in accordance with the requirements of all regularly constituted authorities having, jurisdiction The County shall cause the School Project tol be located entirely on real property subject to the lien of the applicable Deed ofTrust and will ensure that (a) neither School Project shall encroach upon nor overhang any easement nor: right of way, and (b) School Project, when erected will be wholly within the building restriction lines, however established, and will not violate applicable use or other restrictions contained in prior conveyances or applicable protective covenants or restrictions. The County, the Lender and their respective representatives and agents shall have the right to enter upon and inspect the School Property from time to time, during and after construction, and the Board of Education agrees to cause any contractor or subcontractor to cooperate with the County, the Lender and their respective representatives and agents during The Board of Education shall use its best efforts to cause the construction and equipping oft the School Project to be completed within the respective School Project schedules. In the event that the amount of funds advanced under the Installment Financing Agreement, plus other funds made available by the County, if any, are not sufficient to complete the School Project, the Parties agree to revise the plans and specifications for the School Project to the end that an alternative project having a cost: not in excess oft the funds advanced under the Installment Financing Agreement The County hereby recognizes that the Board of Education shall have the right to: make any changes in the description oft the School Project or of any component or components thereof subject to the prior written consent ofthe County and the Lender as allowed under the Installment Financing Agreement; provided, however, that any such change shall not alter the purpose of the School Project or their budgeted contract amounts. The Board ofl Education hereby agrees that it will, upon the request of the County Manager, provide to the County Manager or his designee timely notice of all conferences with representatives oft the architects, contractors and venders with respect to the expansion, renovation, and equipping of the School Project and that the County Manager or his designee shall have The Parties agree that the total project budget cost for the School Project is not to exceed $2,923,674.00.In the event that financing for such amounts  over same.  2.  3.  such inspections.  4.  will be completed.  5.  6.  the right to attend all such conferences.  7.  (G:0051983.DOCX)  5    is1 not available to bel borrowed or, in the sole opinion oft the County, not offered upon terms that are advantageous and/or desirable, then the School Project may be abandoned without legal consequence to the County. In the event that the School Project is abandoned, the County shall convey  the School Property to the Board of] Education.  H. The Board ofEducation, for one dollar ($1.00) and other good and valuable consideration in hand received does hereby accept the foregoing appointment of Supervisory Power over the construction and equipping of the School Project as described in this Agreement and does hereby accept the foregoing delegation of The Board of Education in carrying out its duties under this Agreement is acting as an independent contractor and is not an agent oft the County in connection with this Agreement ori in connection with any other agreement between the Board of The County makes no express or implied warranty or representation of any kind whatsoever with respect to the School Project or any component part thereofto the Board ofEducation or any other circumstance whatsoever with respect thereto, including, but not limited to, any warranty or representation with respect to the merchantability or the fitness or suitability thereof: for any purpose, the design or condition thereof; the safety, workmanship, quality or capacity thereof; compliance thereof with the requirements of any law, rule, specification or agreement pertaining thereto; any latent defect; the ability thereof toj perform any function; that the funds advanced by the Lender pursuant to the Installment Financing Contract will be sufficient (together with other available funds oft the County and the Board of Education) toj pay the costs oft the School Project; or any other characteristic oft the School Project; it being agreed that all risks relating to the School Project, the completion thereof or the transactions contemplated hereby or by the Installment Financing Contract are tol be borne by the Board of Education, and the benefits of any and all implied warranties and representations  duties as described in this Agreement.  I.  Education and the County, express or implied.  J.  ofthe County are hereby waived by the Board of] Education. the School Property to the Board of] Education.  K. This Agreement shall terminate when the County has conveyed fee simple title to  L.  Notwithstanding anything to the contrary contained herein, the provisions of Paragraph III.J. shall survive the termination oft this Agreement.  M. The County and the Board of Education may, from time to time, with the written consent oft the Lender, execute and deliver such amendments to this Agreement and such further instruments as may be required or desired for carrying out the  expressed intention ofthis Agreement.  (CS:00051983.DOCX)  6    N. The County and the Board ofEducation shall enter into an amended lease for the School Property whereby the County shall lease unto the Board of] Education the school site referenced hereinabove; the Term ofthe lease shall be for the period of installment payments on the Installment Financing Agreements entered into by the County pursuant to this Agreement. The rental for each year of each Lease  shall be One Dollar ($1.00).  IN WITNESS WHEREOF, the County and the Board of Education have caused this Agreement to be executed in duplicate originals all as oft the date and year first above written.  COUNTY OF MACON  By:  Jim Tate, Chairman  ATTEST:  Pre-Audit Statement and Fiscal Control Act.  This instrument has been pre-audited in the manner required by the Local Government Budget  Lori Hall, County Finance Officer  (S:0051983.DOC)  7    MACON COUNTY BOARD OF EDUCATION  By:  Jim Breedlove, Chairman  ATTEST:  Pre-Audit Statement and Fiscal Control Act.  This instrument has been pre-audited in the manner required by the Local Government Budget  Angie Cook, County Finance Officer  (CS:00051983.DOCK)  8    STATE OF NORTH CAROLINA COUNTY OF MACON Prepared By: John F. Henning, Jr. A Licensed NC Attorney Campbell Shatley, PLLC 674 Merrimon Avenue, Suite 210 Asheville, NC2 28804  MEMORANDUM OFLEASE EXTENSION AND SUBORDINATION AGREEMENT Return to: Chester. Jones 122 West Boulevard Franklin, NC 28734  THIS MEMORADUM OF LEASE and extension and subordination agreement (the  Agreement')ismade: and entered as ofthe  day ofMay, 2018, by the COUNTYOFMACON,  (the "County") Lessor; and the MACON COUNTY BOARD OF EDUCATION, (the "Board",  collectively the "Parties"), Lessee.  WHEREAS, in connection with the Parties' joint efforts to construct and operate school facilities, the County leased to the Board those school properties known as Cartoogechaye Elementary School and South Macon Elementary School, by that lease dated as ofMarch 15,2004,  (CS:005199.DOC)  1    recorded in Deed Book Z-27, pages 1344-1360 in the Office of the Register of] Deeds for Macon  County (the "Lease");  WHEREAS the Parties have determined to expand, renovate, repair, andi improve the South  Macon Elementary School property (respectively, the "Project" and the Property"); and  WHEREAS the County will use the Property to secure financing for the Project, and the Parties therefore desire to restate their agreement and their respective rights and responsibilities  thereto.  WITNESSETH: that the Parties, for a valuable consideration each to the other in hand paid, the receipt and sufficiency of which is hereby acknowledged, contract and agree as follows:  1) 2) 3)  The County shall continue tol lease the Property to the Board, and the Board shall continue to lease the Property from the County, upon the terms set forth For any purposes related to terms of the Lease, the Lease Term shall be deemed to commence on1 the date this Agreement is fully executed. This Agreement shall apply solely to the Lease as ita affects the South Macon Elementary Property, and shall not apply to the Cartoogechaye Elementary School property; provided, however, that the terms of the Lease shall Except as modified herein, the terms ofthe Lease shall remain in full force The Board hereby agrees to subordinate. and attorn its leasehold interest int the Property as may be required by any one or more: financing contracts entered Thel Board's Chair and Superintendent are hereby authorized to execute any documents deemed necessary by the County to effect the purposes of this  in the Lease, tol have and tol hold for the Lease Term.  continue in full force and effect as to the latter property.  4) 5) 6)  and effect.  into by the County for purposes of financing the Project.  Agreement.  IN WITNESS WHEREOF, thel Parties hereunto have caused this Agreement to be executed int their respective names by their duly authorized officers and their official seals affixed hereto, this  the day and year first above written.  (CS: 00051990.DOC)  2    COUNTY OF MACON  By:  (SEAL)  Jim Tate, Chairman Board of County Commissioners  Attest  Derek Roland, Ex Officio Clerk to the Board  (OFFICIAL SEAL)  STATE OF NORTH CAROLINA COUNTY OF MACON  I,  a Notary Public of the aforesaid County and  State, hereby certify that Derek Roland personally came before me this day and acknowledged that he is the duly appointed Ex Officio Clerk of the Board of County Commissioners for Macon County, and that by authority duly given and as the act ofthe body politic the foregoing instrument was signed ini its name by its said Board Chair, sealed with its corporate seal and attested byl himself  as the Clerk.  Witness my hand and NOTARIAL SEAL, this the day ofl May, 2018.  Notary Public My Commission Expires:  NOTARIALSEAL)  (CS: 00051990.DOC)  3    MACON COUNTY BOARD OF EDUCATION  By:  (SEAL)  Jim Breedlove, Board Chair  Attest  Dr. Chris Baldwin, Ex Officio Clerk to the Board  (OFFICIAL SEAL)  STATE OF NORTH CAROLINA COUNTY OF MACON  I,  a Notary Public of the aforesaid County and  State, hereby certify that Dr. Chris Baldwin personally came before mei this day and acknowledged that hei ist the duly appointed Clerk ofthe Macon County Board ofI Education, and that by authority duly given and as the act oft the body politic the foregoing instrument was signed in its name by its said Board Chair, sealed with its corporate seal and attested by himself as the Clerk. Witness my hand and NOTARIAL SEAL, this the day ofMay, 2018.  Notary Public My Commission Expires:  (NOTARIAL SEAL)  (CS: 00051990.DOC)  4    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: April 10, 2018 DEPARIMENT/AGENCY: Community College  Governing Board/Southwestern  SUBJECTMATTER: Interlocal Governmental Agreement  COMMENTS/RECOMMENDATION:  The County Attorney has prepared the attached Interlocal Governmental Agreement between the county and Southwestern Community College (SCC) regarding the new Public Safety Training Center proposed for the SCC Macon Campus on Siler Road. He is also preparing a warranty deed to deliver title to the property from the county to SCC, and can provide  additional details at the meeting ifneeded.  Attachments Agenda Item 11C  1 Yes  No    STATE OF NORTH CAROLINA COUNTY OFMAÇON  INTERLOCAL GOVERNMENTAL AGREEMENT  NOW COMES the' TRUSTEES OF SOUTHWESTERN COMMUNITY COLLEGE, al body corporate and legal entity for Southwestern Community College (hereinafter "College"), and the COUNTYOFMACON, abodyp politic and corporate (hereinafter County'(colectively "Parties"), and, pursuant to N.C. Gen. Stat. SS 160A-274 and -461, enter into the following INTERLOCAL GOVERNMENTAL AGREEMENT (hereinafter Agreement") on this 8th  day of May ("Effective Date").  WHEREAS, the College desires to construct a firet training rescue center and a classroom facility with at two-bay garage for fire truck storage (hereinafter Facility") to enhance its public safety programming opportunities at its Macon County Campus, a more comprehensive description of the Facility: is incorporated herein and attached hereto as Exhibit A; ap portion of the construction oft the Facility (hereinafter "State Appropriation");  WHEREAS, the State ofNorth Carolina has pledged to appropriate to the College to fund WHEREAS, the County currently owns and is willing to transfer to the College an approximate six-acrè tract ofreal property, valued at Three Hundred Eighty-Six' Thousand Dollars ($386,000), more particularly described int the plat recorded on Card 4 9442 int the Macon County  Registry (hereinafter Property"), for the College tol locate the Facility;  WHEREAS, in addition to providing to the College the Property, the County has also pledged to appropriate to the College the sum of One Million Three Hundred Twelve Thousand Six Hundred Five Dollars ($1,312,605) to fund a portion of the construction of the Facility  (hereinafter "County Appropriation");  WHEREAS, pursuant to N.C. Gen. Stat. $ 115D-20, on January 19, 2018, the College requested and received approval from the North Carolina State Board of Community Colleges to acquire the Property from the County and build thel Facility (said Facility being an approved project  identified as NCCS #2204);  WHEREAS, subject to the terms and conditions contained herein, the County desires to  transfer the Property tot the College; and  WHEREAS, the Parties desire to enter into this Agreement.  NOW, THEREFORE, by approval of their respective governing bodies, the Parties 1. Transfer: for the Property. Upon the execution of this Agreement, the County Attorney shall prepare and file a deed int thel Macon County Registry transferring thel Property from  entering into this Agreement subject to the following terms and conditions:  the County to the College. (CS: 00051059.DOCK)  1    2.  Property Return. In the event that the College is not: financially able to build the  Facility because: a) the College does not actually reçeive the State Appropriation and/or the County Appropriation; or b) the projected construction cost oft the Facility exceeds the combined State Appropriation and the County Appropriation and the College is unable to secure additional funding within ai reasonable amount' of time, the College shall immediately return the Property to the County. In the event the College must return the Property as required herein, the College's legal counsel shall prepare and file the appropriate deed with the Macon County Registry.  3. Timeline for Letting Construction Contract. Upon appropriation of the necessary funding toi finance the Project and after approval by the State Construction Office of the Design Professional's completed construction drawings, the College shall make every reasonable effort tol begin the public bidding process to let a construction contract for the construction oft the  Facility within one (1) calendar year.  4.  County Appropriation. Unless otherwise required byl law or a conditionofreceipt  ofthe State Appropriation, the College shall spend the State Appropriation first before it begins to  spend the County Appropriation.  5.  Miscellaneous Provisions.  a.  This. Agreement is binding on the Parties. The provisions contained herein  are severable. Ifany provision is held to be invalid or unenforceable, it shall not affect the validity  ore enforceability of any other provision.  b. This Agreement sets out the entire agreement between the Parties and  supersedes any and all prior oral or written agreements or understandings between the Parties. laws of the State ofNorth Carolina and proper legal venue for any claims hereunder shall be the State courts located: in) Macon County, North Carolina, Int the event that either Party must take any judicial action to enforce the provisions contained herein, attorneys' fees and costs shall be  C.  This Agreement shall be governed by and construed: in accordance with the  awarded to the prevailing Party.  d. This Agreement is deemed to have been jointly drafted by the Parties and  no ambiguities contained herein shall be construed against either Party.  e. f.  This Agreement may only be amended by a written amendment approved Thei individual signatories below have the express and implied authority on  and signed by the Parties.  behalf of their respective governing bodies to execute this Agreement. The Parties may execute this Agreement in separate counterparts and the execution ofac copy shall have the same effect as the execution of an original. Such execution may be by facsimile or PDF attachment to an email.  g. The Parties shall comply with the requirements of G.S. Chapter 64, Article  2 (.e., E-Verify Requirements). (CS: 00051059.DOCK)  2    IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the  Effective Date. Date:  Trustees of Southwestern Community College  Terry Bell, Chair  Date:  County ofl Macon James Tate, Chair  This Instrument has been pre-audited as required by the Local Budget and Fiscal Control Act.  Date:  County Finance Director  (CS: 00051059.DOCX)  3    EXHIB/T A  CAMPBELL SHATLEY, PLLC  ATTORNEYS AT LAW  CHRISTOPHER Z. CAMPBELL K. DEAN SHATLEY, II CHAD R. DONNAHOO JOHN F. HENNING, JR. WALTER L. CURRIE, OF COUNSEL  April 30, 2018  SENT VIA ELECTRONICMAIL Chester Jones, Esq. @chestejoneslaw.om  RE: Interlocal Governmental Agreement  Southwestern Community College - Macon County  Dear Mr. Jones:  Attached. hereto is Exhibit. A for thel Interlocal Governmental Agreement. The Facility includes at two-bay garage with an attached classroom space and aj pre-engineered burn building. Thel Exhibit includes photographs of a similar type/material muiti-bay garage that the College desires tol build and the specifications for the pre-engineered burn building. Dr. Tomas has informed me that the College has shared this information with the Commissioners at an earlier meeting. Please be advised that these details with respect to the Facility are subject to change based on input from the Design Professional and actuall building material costs. Don'thesitate to contact me if youl have additional questions.  Sincerely,  CAMPBELLSHAT,PIC ERRD Chad Ray Donnahoo  Enl.  Cc: Dr. Tomas, President  674 MERRIMON AVENUE, SUITE 210 " ASHEVILLE, NC 28804 T:828.398.2775 . F: 828.398.2795 WWW.(SEDLAW.COM  (6S:00051965.DOCX)    IMG_4636.JPG  htps/drivegoogle.com/led0B6OAMCIDDowQnBVIGFBZFRPD.  1of1  5/3/2018, 1:181 PI    IMG_4634.JPG  htps./drive.google.com/fledOBGOAMCIDDoWWVIBbOw5MmZ.   NA  1of1  5/3/2018, 1:19PI    Southwestern Community College  MULTI-STORY CONTAINER STRUCTURE  Budgetary Proposal January 9, 2018   -  Picture is fori illustration purposes only.  Customer Name: Benjamin Johnson Sales Contact: Kyle Haines Regional Sales Manager knaines@bulexcom 518-689-2023  BullEx I    BullEx Table of Contents Pricing Construction  Budgetary: Proposal 2  Section 1 - Southwestern Community College Training Center.  Live Fire Container Structure - 8 containers, 4s stories..  Interior Live Fire Props.. Thermal Shielding. Walkable Roof.. Pitched Roof.. Camera and' Videol Playback Package. Standpipe. Smoke Distribution System.  10 18 18 19 19 20 .20 22 23 25 26 27 28 30  Ventllation System/Alr Supply. BullEx Safety System. Gas, Water and Electricity Systems BullEx Simulator Control System Delivery & Training. Warranty. Contact.  20 Corporate Circle I Albany, NY 12203 I phone 518.689.2023 11 fax 518.689.2034 I www.bullex.com    BullEx  Budgetary Proposal 3  Pricing  PRICING PROPOSAL  Four Story Training Tower Approximate Dimensions - 16Wx40Lx35H  Eight ISO container structure - Four 40' containers & four 20' containers  Fire Training Props 1. Kitchen Fire with Rollover 2. SmartClass ATechnology 3. Vehicle/Garagel Fire Additional Training Props Pitched roof structure Standpipe in the stairwel! Flat walkable roof with railing Integrated smoke generation system Movable walls Exterior piggy back stair case Safety network  4. Custom. ATTACK scenario using 6 panels  Central control panel with automated ignition  LEL gas sensors Temperature sensors E-stop buttons Emergency lighting Exterior audible/visual alarm Ventilation system Additional Items  Eight (8) cameras to record training evolutions Two (2) 19" camera monitors Wireless remote control w! emergency stop Interior/ / Exterior stairs Doors /Windows with locking hardware Diamond plate steeli floor throughout entire structure  Thermal Shielding, including 5mm steel plates and insulated wall/ceiling cavities in all live fire rooms  20 Corporate Circle IA Albany, NY: 12203 I phone 518.689.2023 I fax 518.689.2034 I www.bullex.com    BullEx Floor drains  Budgetary Proposal 4  Technical/storage room with exterior steel door that houses equipment  Highquality paint, interior and exterior  Installation and Training Included  Delivery, installation, calibration andi testing of structure and props  Eight (8) hour train the trainer session Commissioning of training facility Total Budgetary Investment: specifications. The quoted price excludes sales tax (ifs applicable).  $1,327,005  Note: Thes stated pricel isi fort budgeting, purposes only. Ai fimm price willl be submitted uponr receipto off final 30% upon placement of order, with paymenttob ber made within 8 days oft thei invoice date. purchasing party, andy with payment(s)t tot ber made within8 8 days oft the Invoice date(s).  Payment Temms:  50%i inp proportional milestone payment, withr milestone payment ters to be mutuallya agreed upont by both Bullex and the 10% upon delivery ofe allo documentation conceming this offer, with paymentt to! ber made within 80 days ofthei invoice date. 10% upont final acceptance oft the offerf from the purchasing party, with payment to! ber made within 8 days ofthei invoice date.  20 Corporate Circle I Albany, NY 12203 I phone 518.689.2023 I fax! 518.689.2034 I www.bullex.com    BullEx  Budgetary Proposal 5  Section 1 -Southwestern Community College  Training Center  BullEx will design, manufacture andi install ar newi fire training tower complete with ac comprehensive safety and control network that will address the specific fire and emergency response training needs of Southwestern The proposal includes a container-based training center that will allow for a series of scenarios that challenge trainees. Fire props will use propane and digital firet technologies to create a range of difficuity levels and conditions. The tower will be laid out toi include structural live firet training exercises thats simulate the conditions found in at typical residential house or similar scenario. The structure itself has a6 600 square foot per floor layout that accurately simulates residential homes andi includes multiple interior and exterior doors, windows, cliosets, At BullEx, we pride ourselves on being the worid's largest provider of fire and safety.t training tools. We have been designing, engineering and building tralning container structures since our inception. Our live fire training props are constructed accurately to scale, with thet fires builti into objects and appliances that would be found in real life. Combining our Class Bi fire training props with our customized container simulator offers ther most realistici fire training scenarios possible and allows trainees to experience the fulli impact of an emergency  Community College.  stairways and roof pitches.  situation.  BullEx has experience constructing a variety of container solutions, ranging from single container units to! large-scale projects using more than 20 containers. Our focus is on our clients and their trainees, which has allowed us to provide numerous organizations with training sites they can bey proud of for years to come. We are responsible for some of the largest firei training projects ini the worid, including Shanghai, China; Metropolitan Fire Brigade of Melbourne Australia; and FDNY Training Center on Randall's Island. We can transform your training objective into reality.  20 Corporate Circle 1 Albany, NY12203 I phone 518.689.2023 I fax 518.689.2034 I www.bulex.com    BullEx Construction  Budgetary Proposal 6  Live Fire Container Structure - 8 containers, 4 stories  BullEx will design, fabricate, deliver and install ar newi three-story fire training simulator att the Southwestern Community College site. The building will be constructed of eight ISO containers modified for use as ai fire training structure = four 40' containers and four 20' containers. Two 40' containers will comprise the first floor, with another two 40' containers making upt the second floor, and two 20' containers encompassing thet third and The training structure will include our SmartClass A technology and class B live fire. The Class B props will include all related auxiliary and safety systems such as gas and temperature sensors, e-stop buttons, and control mechanisms. The system will allow for realistic, repeatable, and controllable Class B fire response exercises to take place within the training area. Our advanced fire training props are made of the most robust and rugged materiais and are designed to stand up to any fire department's rigorous training. The structure will also feature several interior rooms with non-fire props, such as pitched roof, standpipe,  fourth floors.  windows, doors, interior and exterior stairs, and multiple pathways.  20 Corporate Circle i Albany, NY: 12203 I phone 518.689.2023 Ifax 518.689.2034 i www.bullex.com    BullEx Design Layout  Budgetary Proposal7  The first floor of the container structure (containers 1&2) will feature thei following training areas:  Livei fire training room- = Kitchen fire with rollover Vehicle/Garage Fire Cameras inf fire training room Control /technical room Windows and doors Stairwell tot the second floor Standpipe prop extending tot third floor Example scenarios Search and rescue scenarios Ventilation training Standpipe training  Below grade fire scenarios utilizing external andi internal stairways  GROMMPEOR    20 Corporate Circle I Albany, NY12203 I phone 518.689.2023 If fax 518.689.2034 I www.bullex.com    BullEx  Budgetary Proposal 8  The second floor (containers 3 &4) will feature the following training areas:  SmartClass Af fire training room Cameras int fire training room Windows and doors to vary training scenarios Control /technical room Exterior stairs to access 1st floor for basement simulation Standpipe propi in stairwell Stairwell Example scenarios Fire accessedi from internal and external stairs Confined stairwell Vent, enter, search scenarios Standpipe applications  20 Corporate Circle I Albany, NY12203 I phone 518.689.2023 Ifax 518.689.2034 I www.bullex.com    BullEx  Budgetary Proposal 9  The third floor (containers 586) will feature the following training areas:  Two-sided pitched roof structure Live firet training room Cameras int training room Window and crawi space door Standpipe prop in stairwell Example scenarios Ventilation training Standpipe applications Confined space training  Fourth Floor  Comprised oft two 20' containers to be used for various non-fire training exercises  Large search and rescue area Internal staircase to fifthi fioor above  20 Corporate Circie 1 Albany, NY: 12203 I phone 518.689.2023 I fax 518.689.2034 I www.bullex.com    BullEx  Budgetary Proposal 10  Interior Live Fire. Props  The Southwestem Community College project will contain the following interior props:  1.Kitchen Fire Prop with Rollover 2.S SmartClass A System 4.Vehicle/ /Garagel Fire Prop  The props shall be propane fueled, with integrated pilot bumers, extinguisher detection systems, and connection to a comprehensive safety network, central control system, and operated via wireless remote control. SmartClass A combines class ar material and propane fuel to create fire using gas and wood.  1. Kitchen Fire Prop Kitchen Fire Simulator  BuliEx will install al Kitchen Fire Simulator in the training structure. The Kitchen Fire Training Propi is a propane fueled, live fire training prop used in conjunction with the BullEx pilot module. The prop will simuiate a real fire scenario ignitedi in at typical residential kitchen. The control units and firet trays will be obscured from viewi in the adjoining technical room or builti into the prop housing. In this way, trainees will not see the technical elements  and will be more able to become immersedi in the fire scenario. System  includes:  Stove Fire Training Unit, includingi integrated bumers and burn tray with Safety network equipment, including gas and temperature sensors, e-  multiple burn levels and intensities stop buttons and required wiring Integration to safety network Integration to Control Console  Stove Fire Training Prop  The Stove Fire Training. Prop simulates a standard four bumer stove fire. The main bumer generates high intensity flames and the stove-top burner, with ai functional shut-off valve, enables firefighters to advance hose lines and secure the gas supply. The Stove Fire Training Propi is made of6 Gauge and 11 Gauge mild steel  construction. All materials will be coated with a protective heat resistant paint.  20 Corporate Circle IA Albany, NY: 12203 I phone! 518.689.2023 1 fax! 518.689.2034 1 www.bullex.com    BullEx Grease Explosion  Budgetary Proposal 11  The training unit will bei fitted to simulate a' grease explosion,' providing an extra dimension to the training exercise.. A! pan will be fitted onto the cooker, and the pan will be equipped with a water collector. Ifai firei is extinguished with water, the water collector will detect this, and as soon as ar minimum amount of wateri is collected, a jetoff fire will be produced, simulating a grease explosion. The Kitchen Fire Simulator will allow for a variety of difficulty settings (fire resilience, fire intensity, etc.) and escalading fire scenarios. If extinguishment takes too long, the nexti level oft firei invoivement will consist ofa ceiling rollover BullEx fire systems are designed to operate for long durations at high intensity levels, allowing continuous training to be conducted without the need to frequently  simulation.  stop and cool-down the fire unit. Rollover Fire  Ar rollover fire will also be included ini the kitchen prop. The fire will spread from  thel kitchen stove to the ceiling.  The rollover simulator delivers accurate pressure build upa and' heat release similar to a real rollover, allowing  trainees to experience all the elements ofai firefightingi intervention. Propane will be delivered in three stages to the ceiling mounted burners via pressurized buffering tanks that willl be located outside the training room. BullEx's special design allows for large area rollovers, andi its bufering tank creates a realistic, highi intensity simulation. System includes: Supply and installation of celling mounted burners Supply andi installation of buffering tank system Supply and installation of BullEx pilot ignition system  Integration to safety network Integration to control çonsole  20 Corporate Circle I Albany, NY122031 1 phone 518.689.2023 Ifax 518.689.2034 www.bullex.com    BullEx  Budgetary Proposal 12  2. SmartClass A System onar repeatable scale.  The BullEx SmartClass A Trainer aliows fori thei instructor to teach complete extinguishment firefighting training  A built in gas bumer allows instructors to start Class A1 fires with the push of al button, and an integrated deluge system allows the fires to be quickly extinguished in the case ofan emergency. Additionally, a comprehensive ventilation system allows instructors to control smoke and temperature levels enabling various fire behavior training. Simply load woodi into the bur tray and start the integrated propane burner with the handheld controller. The propane pilot and! burner instantiy produce intense flames to ignite the Class  Ar materiais. Built-in shielding protects the propane burner components from the Class A debris throughout the evolution. After the firei is extinguished, the propane burner quickly dries and reignites the wood for the next  training session.  Each System includes:  Ar new burn crib, complete with an integrated propane burner and deluge system. - A water supply line, installed from thel bum crib tot the outside oft thel building, per local regulations. A water connection will be added to allowt the connection of a supply line to the deluge system, Ap propane line from the burn crib to the regulated supply, perl local regulations.  BullEx will provide BTU and pressure supply requirements with detailed design drawings.  Endless Training Evolutions  Class At fire technology creates new possibilities in training with carbonaceous fires. Class Af fires enable the instructor to accurately provide instruction on two key elements ofl live-fire training, namely smoke and heat. The smoke is real smoke andi its behavior mimics the smoke in al live fire situation. Using a flashlight, trainees can see the density of the smoke and have ani indication of thel height of the neutral plane.  20 Corporate Circle I Albany, NY 12203 I phone 518.689.2023 If fax! 518.689.2034 I www.bullex.com    BullEx  Budgetary Proposal 13  Smart Class Al Fire Techriology features dual combustion technology to create fire using both gas and wood. The Smart Class A system features a specially designed Class A chamber with al built-in gas ignition module thatt thei instructor can operate from a distance. The system includes full control of ventilation, allowing instructors to control thes scenario, firel behavior, and neutral plane. Oncet thet fire has been extinguished, it can be lit again immediately without having tol load more wood intot the burner. Although the wood remains wet after being extinguished, the gas flames and unique chamber design quickly dry and reignite the woodi fort the next training session. The dual-fuel burner is capable of igniting Class A material using propane or natural gas. This system allows trainees to completely extinguish thet fire and reignite it almost immediately for countiess evolutions, decreasing The system contains a water suppression system and an emergency stop button. When the. E-S Stop is pressed the Class Ai firei is extinguished and the ventilation automatically adjusts to 100% capacity to quiçkly clear thes smoke. The real heat, smoke andi intense flames of Class Al burns are ideai for av wide  downtime and maximizing training.  variety of training objectives.  Smart Class AI Burn Crib  The system is equipped with ag gas-fueled fire tray to secure a swift reigniting of the wood after extinguishing. The fire trayi is based on a dry burner system. AI burner element is fitted underneath the wood crib. The gas escapes from the burner element at predetermined points. The gas isi ignited by a The fire tray will be treated with a special heat-resistant black paint. As a result of the high temperatures present, this special paint provides a protective layer on the metal plate to prevent corrosion.  continuous burning pilot flame.  With proper use, an instructor should be able to provide approximately 6-10 evolutions an hour with the  Smart Class Ab burn crib.  20 Corporate Circle I Albany, NY 12203 I phone! 518.689.2023 If fax 518.689.2034 IV www.bullex.com    BullEx  Budgetary Proposal 14  Extinguishing water Section Divider Shield  Fire Tray  3. Vehicle Fire Propl /Garage Fire  The BullEx Vehicle Fire Prop willl be located in af first floor interior garage. The training system includes:  BullEx Car Flre Prop  10-year construction warranty 1/4" and 1/8" all steel construction with protective heat resistant paint 1/3" C Channel galvanized steeli frame. Thicker gauge steel at high heat areas allows for much longer life of car. Industrial gauge integrated steel casters forr moving car prop Carp prop dimensions: 1261x56wx46 4bum: zones Create driver and passenger  compartment, engine, and wheel-well fires at the push of a! button Live firet training prop usedi in conjunction with Hose Line Fire Training Driver and passenger seat backs, steering wheel, hood prop bar Pry-able and' Roll-able Hood Conduct forcible hoode entry drills with the  System  Hinged hood, trunk, and passenger doors  Pry-able and Roll-able Hood feature. The special design with replaceable hood plates of varying difficulty allows for challenging yet repeatable hood-rolling drills without damaging the prop. 20 Corporate Circle I Albany, NY: 12203 I phone 518.689.2023 Ifax 518.689.2034 I www.bullex.com    BullEx  Budgetary Proposal 15  Integrated Cooling System - Cooling piping isl built intot the vehicle itself and connects to a standard garden! hose, allowing forl long duration fire simulations while minimizing steel fatigue and wear. Ideal for use when practicing positioning ofa apparatus, angle of attack, and stretching the proper hose lines,  etc. while the vehicle remains fullyi involved.  Smashable Headlights - Conduct engine compartment extinguishing drills with the Smashable Headlights feature. Specially designed headlight holes in the grill allowt for drills of varying difficulty with different types of metal  headlight plates. All steel construction  Fire Tray and Pilot Control Box  Removable tray can be positioned independently to simulate ai fuel spill or can be usedi in conjunction with several other BullEx training props Engineered for use with hand lines, CO2, and water extinguishers Liquid propane fueledi industrial grade fire fightert training unit CSA Approved and ULI Listed stainless steel continuous burn forced air pilot control box with four (4) burn: zones for realistic fire simulation Removable pilot box can also be used with other BullEx props  Stainless steel 4'x6' fire tray  orf fire trays  20 Corporate Circle I Albany, NY: 12203 I phone 518.689.2023 It fax! 518.689.2034 I www.bullex.com    BullEx Mobile Control Console  Budgetary Proposal 16  ULI Listed Control Console interfaces between props and upstream propane and power supply. Houses core propane and power components, control components, optional wireless and sound effect components (if selected), and built in E-stop button. Includes 50 foot propane hose with self-sealing quick disconnect fittings, specifically designed to prevent gas leaks upt to 250psi in high-pressure propane delivery situations. Hose andi fittings constructed to withstand environment elements and heat from  BuEx  normal operation.: NEMA 4X rated to resist corrosion  Wired remote (unless upgraded to wireless) to independently start and stop multiple burn: zones, with deadman button Includes power cable to connect to customers power supply  20 Corporate Circle I Albany, NY: 12203 I phone! 518.689.2023 I fax! 518.689.2034 I www.bullex.com    BullEx  Budgetary Proposal 17  4. Custom ATTACK Scenario  BullEx willi include Digital. Fire Technology in the Southwestern CC training facility. Six ATTACK panels, complete with control and safety network, willl bei included in a custom digital firer room. The room will consist of  three wall panels and three ceiling panels.  The digital ATTACK system combines digital flames, sound and smoke to create ar range ofi fire The digital ATTACK system is a training system using digital technology. Use the ATTACK system and smoke generator to create at firet thats spreads from one panel to another. Multiple panels allow The ATTACK's digitai LED panel responds tot thel hose line and flames diminish in response to proper The ATTACK panel can be used with a hand line, water can, or laser nozzle. Instructors canr run Six ATTACK panels will be provided as part of this proposal. The BullEx Digital Fire ATTACK panels will The Attack's digital flames respond tot the! hose! line and diminish in response to proper hose line management. Instructors can run repeatable and variable evolutions with push button start and stop. The system will allow for realistic andi repeatable digital fire training exercises to take place within thet training rooms.  conditions that respond directly to hose line application.  limitless fire extensions scenarios. hose line management.  repeatable and variable evolutions with push button start and stop. bes synced together to create various fire extension scenarios.  20 Corporate Circle IA Albany, NY 12203 I phone 518.689.2023 If fax! 518.689.2034 I www.bullex.com    BullEx Thermal Shielding Steel Lining for Propâne Fires  Budgetary Proposal 18  Inc order to prevent direct contact between flames and the structural walls, a wall and ceiling lining will bei installed around interior direct firei impingement areas, per final requirements. This will prevent equipment fatigue and wille extend the useful lifetime of the structure dramatically. The BullEx steel thermal lining system is designed for continuous buming at temperatures up to approximately 1,000°F.  Class Al Refractory Tile for Class Al Fires  BullEx willi install a special high heati insulation around the Class A burn crib. The heat resistant lining includes an interlocking refractory tile and encapsulated insulating material. The tiles shield and protect the training structure from. the extreme environments associated with live fire training. The lining is able to withstand repeated high temperatures and extreme thermal shock created during fire training evolutions,  without spalling, cracking or splintering.  Each fire tile is individually anchored to the structure with a durable stainless steel anchoring system. The system, coupled with the interlocking feature of the tiles, allows the lining to "float" with temperature fluctuations. The complete installation offers an impenetrable blanket of protection to the building structure.  The system is designed to last approximately 15+ years with only minimal maintenançe. Designed for continuous burning at temperatures between 1,400 and 2,400°F; Resistant tot thermal shock. Ouri linings' "float" with temperature fluctuations; The system has expansion/contraction, joints in both directions; Rugged high pressure water streams will not harm thet tiles;  No cooling down or drying out time is necessary. There are also no restrictions based on ambient  temperature or atmospheric conditions;  Designed to keep water and steam out. The ship-lapped design protects the' insulation and structure  from water, steam and heat damage.  Walkable Roof  omp  20 Corporate Circle I Albany, NY1 12203 I phone 518.689.2023 Ifa    BullEx  Budgetary Proposal 19  The container structure willi include a walkable roof above the two 20' containers on the third floor. The walkable roof will be fitted with additional steel support and include a safety railing around the entire perimeter. A ladder and hatch will be included to access the walkable roof. The walkable roof area will also house the exhaust fan Anchor points will be included on the flat roof area for rappelling. Below is a rough sketch of the walkable roof  above the technical shaft (approximately 8'x8).  area.  Pitched Roof  A double pitched roof will be built on the third floor of the container structure to allow various roof training evolutions. The pitched roof area willi include a safety railing. Thet type of roofing willl be asphalt shingle.  Camera and Video Playback Package and playback trainees' evolutions. Package includes:  Cameras willi bei installed ini thet firei rooms and adjacent rooms, as well as the roof, to allowi instructors to record  Eight wall/ceiling mounted digital color video cameras Software to record video display  >  20 Corporate Circle I Albany, NY 12203 I phone 518.689.2023 If fax 518.689.2034 I www.buliex.com    BullEx  Budgetary Proposal 20  Standpipe  Al working standpipe willa also be installed in the staircase of thet training structure. The standpipe willl be used to provide hands-on training inl hose connection and manual application of water to firesi inl buildings. There will be one connection on each floor, with at fitting that is up to US/NFPA standards. The exterior connection willl be double female 2.5" swivel nht andi interior connections willi include two male 1.5" nht connections on each floor.  Movable Walls  The interior of the training simulator willi include movable walls in order to vary training scenarios. One movable wall section will be on thei first floor and another on the second fioor. These heavy duty partitions are constructed of durable steel and can be safely secured to attachment points within the container structure. The partitions can be assembled in different configurations, allowing instructors to create a wide variety ofinterior environments within a single room. The moveable wall system is ideal fori fire attack, search and rescue, ventilation, and other interior training exercises in away that continually challenges trainees during drills.  Smoke Distribution System  BullEx designs and manufactures industrial-grade, glycol-based fire fighter training smoke generators. To create synthetic smoke in the fire training simulator, BullEx will install a synthetic smoke distribution system. This  smoke system consists of:  Smoke generator withi internal computer system Central tank with smoke fiuid reservoir Smoke delivery system Synthetic Smoke Generation  From the smoke generator, a spiral pipe will be ducted to each fire room or  smoke room.  20 Corporate Circle I Albany, NY12203 I phone 518.689.2023 I fax! 518.689.2034    BullEx  Budgetary Proposal 21  BullEx Smoke Generators use smart controls to continuously produce the best smoke possible for fire and emergency services training. Built on steel chassis with all metal structural components, these smoke generators are builtt to handle the toughest training demands. Smart controls and an integrated smoke liquid tank enable our generators to produce smoke continuously for hours. Dual heaters and a specialized heat exchanger ensure efficient smoke production on al large-scale basis. Our smoke generators are capable of creating 100% obscured visibility at a height of no more than 20" above the floor within 15 seconds of activation. The high volume of continuous smoke is idéal for horizontal or vertical ventilation drills and helps show the effects of Positive The smoke generator shall use a glycol based smoke fluid. The generator and fluid have been third party tested too confirm that the smoke emissions are within safety thresholds (including formaldehyde and diethylene glycol).  Pressure Ventilation.  Exterior Stair Case  An exterior piggy back stair case will also be included in the container trainer structure. The exterior staircase will be built of galvanized steel.  20 Corporate Circle I Albany, NY: 12203 I phone 518.689.2023 I fax 518.689.2034 I www.bullex.com    BullEx  Budgetary Proposal 22  Ventilation System/Air Supply  Ventilation of technical rooms, fire rooms and smoke training rooms is critical for both trainer and trainee safety. Ita also ensures: a supply of fresh air for optimal combustion. Adequate ventilation prevents excessive concentrations of nitrous gases (NO + NO2) and carbon monoxide (CO). The air supply for the fire rooms is controlled by a ventilator.  Ventilator:  The ventilation system also works to control the temperature at thet top as well as the! bottom oft the SmariClass Ai room. To accomplish this, the ventilation controls are directly linked to the burn tray controls and all As single-suction, high temperature, centrifugal ventllator will be installed (exact location TBD). The casing of the fan and the exhaust will be able to resist extremely high temperatures and are water and corrosion resistant. The ventilation system will refresh approximately 30 to 80 times per hour depending on the area, compliant with NFPAregulations. The ventilator is connected to a frequency regulator. This frequency  safety systems.  regulator willl be activated through:  Thet temperature monitoring system; The gas detection system; The emergency: stop system. turning int the right direction, failing phase, etc.).  The frequency regulator, will also regulate and protect the engine fan (overheating, The air will be controlied by an air pressure switch that measures the pressure difference between the suction ducts which are mounted on the ventilator. The control box with the air pressure switch is mounted ont the ventilator. Ventilation grids arei installed at strategic points on both thei inside and outside of the container, ensuring a supply of fresh airi in the rooms. All ventilation grids are made of  galvanized steel.  20 Corporate Circle I Albany, NY 12203 i phone 518.689.2023 Ifax 518.689.2034 I www.bullex.com    BullEx BullEx Safety System  Budgetary Proposal 23  Our BullEx fire training solutions come standard with safety systems to ensure optimum performance of your fire training facility. These include a gas detection system, temperature monitoring system, emergency stop system, evacuation lighting and an audio visual alarm. These safety systems are connected to the BullEx Control  System, providing a complete operational and monitoring solution.  LEL Gas Detection System  BullEx will install a comprehensive gas detection system where required by our design of the training area. The system will continually measure gas/oxygen levels in training rooms as well as in technical rooms, and will communicate the values to the central control system. In the event that gas levels exceed predetermined thresholds, the system will  automatically go into as safe shutdown mode.  Temperature Monitoring System  To protect trainees, instructors and training equipment, BullEx will instali a temperature monitoring system customized to your training unit. Temperature measurements are fed to the central control system which controls the ventilation system. If the temperature in any room exceeds the maximum safety threshold for personnel, a temperature safety over-ride will shut down the heat source within the training areas immediately and initiate  full ventilation.  Emergency Stop System  In addition to the automated safety monitoring and control systems, BullEx will design and install a series of emergency shutdown buttons. In addition, an emergency shutdown relay will be installed in the control cabinet. This relay is designed to control the various safety components and, if activated, will automatically initiate safety  shutdown procedures.  Evacuation Lighting  Lighting will be installed where appropriate, in order to provide safe egress during an emergency situation. The emergency lighting willl be bothautomatic and manually controlled  by the wireless remote control and/or control system.  20 Corporate Circle I Albany, NY: 12203 i phone 518.689.2023 if fax! 518.689.2034 I www.bullex.com    BullEx Audio' Visual Alarm  Budgetary Proposal 24  An audio visual alarm system will be connected to the overall control network. A signal light will be placed on the outer wall of the control room and be accompanied by a unique audio  signal per type of emergency.  20 Corporate Circle I Albany, NY: 12203 I phone! 518.689.2023 fax 518.689.2034 IV www.bullex.com    BullEx  Budgetary Proposal 25  Gas, Water and Electricity Systems contractor to a designated area outside/within the training unit.  The main gas, water and electrical supply lines will need to be provided by the customer or its third party  Gas System  Our BullEx gas system is designed with safety in mind. In case of an emergency, all gas valves connecting the On request, we can submit details about the proposed gas management installation, integral safety features, the regulation of gas flow, ignition of gas, minimization of the risk of excessive accumulation of gas, and ventilation  fuel sources and thet training unit will automatically close.  requirements. Water System  Our water system design includes an automatic feature that drains the water-based training systems during training and at the end of the training day. On request, we can submit details about the proposed water  management installation. Electrical System Drainage Telecoms  Amain control electrical cabinet will be placed ini the technical area and will feedt the entire training installation.  Customer will be required to provide a drainage connection from thet training structure.  A LAN connection with Intemet access supplied by the customer is required to enable the manufacturer to perform remote diagnostics, remote support, remote software upgrades, determine service intervals, etc. Ifal LAN is not possible, it may be possible for Bullex to supply an optional GSM connection, However, al land  line is highly recommended due to faster and more reliable Internet connection.  20 Corporate Circle I Albany, NY 12203 I phone! 518.689.2023 Ifax 518.689.2034 I www.bullex.com    BullEx  Budgetary Proposal 26  BullEx Simulator Control System  BuilEx employs a number of safety elements in its installations, including the use of a central control system that continually checks all fire scenarios against multiple pre-set safety parameters including temperature, gas levels, and ventilation. The integrated control system is composed of several modules and the various safety features are operated and controlled by a central unit. This central unit receives sensory data from the fire unit and related equipment (such as gas meters and air flow meters, for example) and controls and approves thei ignition or operation oft the various fires.  Thei fire simulator control system checks that all settings are within pre-determined safety thresholds and monitors system operation. Interlock systems automatically prevent fires from being activated ifp predetermined  safety limits are not met. Main Control  The main control system allows BulEx training units to operate at varying intensity or flame height leveis. The  main control system consists of:  Control Cabinet - including all burner control, emergency, safety and service components. The control system will automatically send self-diagnostic and fault information tot the BullEx technical support team. This connection willa also allow remote technical support ands software interventions as needed; Remote Control - allows instructors at the! burn areat to run, pause, continue, and end each training exercise and to control operation of the ventilation system,  smoke generator, lighting and flame growth.  20 Corporate Circle I Albany, NY: 12203 I phone! 518.689.2023 If fax 518.689.2034 I www.bullex.com    BullEx Delivery & Training Installation, Set-up and Training  Budgetary Proposal 27  BullEx technicians willi install the gas sensors, temperature sensors, emergency stop system and control console with associated support components. The customer will be responsible for the power and gas supply to the BullEx will provide an 8-hour traint the trainer session, a written user manual, and toll-free technical support The customer assumes responsibility to contract with a local third party to provide adequate power and fuel supplies for the BullEx training systems. The main contractor/third party will need to ensure that an electrical power supply is installed. in the control area with an overall length of approximately 10 feet. BullEx will install the main control cabinet and connect the electrical power to this cabinet, from which the whole installation will be  external components oft the control console.  Power and Fuel Supply  fed. Calibration  Gas sensors require perlodic (once every 3-6 months) calibration, which must be performed by al BullEx  representative or other qualified technician.  Additional Notes Excluded from project:  Foundation to bear the container structure Groundworks (if applicable) Customer is responsible for:  Clearing the area and enabling us to unload and erect the structure with a crane positioned directly next  tot thet final position.  Arranging water drainage from the training structure  Obtaining any permits required for installing and operating the system, gas storage, etc.  20 Corporate Circle I Albany, NY: 12203 I phone! 518.689.2023 I fax 518.689.2034 I www.bullex.com    BullEx Warranty  Budgetary Proposal 28  BullEx warrants for a period of one year after the date of Final Acceptance against any defects in workmanship, materials or software. Conditions of use are outside of the controi of Manufacturer. Itis the responsibility of the user to inspect and maintain the Simulator to assure they remain fit for their intended purpose. In order to maximize the useful life of this product, the product should only be used by appropriately trained personnel following proper training procedures andi in accordance with the product's waming, use, inspection, maintenance EXCEPT AS SET FORTH ABOVE, MANUFACTURER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS Under the above warranty, the Manufacturer shall repair or replace, at its option, any product or part that does notr meet the above warranty. Such repair or replacement: shall be the Buyer's sole remedy and thel Manufacturer shall not be responsible for any incidental, consequential, or other damages based upon or arising in any way The word "product" includes the Simulator itself and any parts or labor furnished by the Manufacturer with the The Manufacturer shall provide replacement parts according to its most recent price sheets, with delivery made according to mutually agreed terms. If replacement parts are provided under warranty they will be provided at no cost to the Buyer. Replacement of any parts damaged as ai result of excessive usage and operation, defined as greater than 85 hours/month or 1,000 hours per year, or more than 10 hours continuous operation, shall be Telephone support is offered within the warranty period to assist with trouble-shooting faults and to assist the customer in replacing parts covered under warranty. At the conclusion of the warranty period, telephone support will be offered as part of a separate Maintenance Contract offered by the Manufacturer. The Buyer understands that Telephone support and assistance can only be guaranteed during normal office hours and on normal The Manufacturer's limited 1 year warranty becomes void if the Buyer alters the Simulator or its installation  and care instructions.  FOR ANY PARTICULARPUPOSE  from any breach oft the warranty contained herein or the purchaser's use of the product.  sales, delivery or servicing of the product.  excluded from the warranty.  workdays.  without written consent from the Manufacturer.  20 Corporate Circle I Albany, NY: 12203 I phone 518.689.2023 If fax 518.689.2034 I www.bullex.com    BullEx  Budgetary Proposal 29  BullEx Generall Terms and Condition of Delivery and Service 8.3 Article1A Applicabilny 11 ThesaG -m-Ca-baA masiMaaNMeaBMEIRA offers, serices, delilverlas 12 Theseg genersitemsandc conditionsn maybariepartedfreme onlyHBuliExe expresclys stetesor acknowiodgast thiai inwrting. 13 Other feneralc tams and Insofara asthey donote contormy witht thesos generaitermss ontyHBwuExh appiicationi inas saparatev writton decument. 14 Theses gonoral termsa andc applyt tothep pamannaia anda assistentso BulEx whoara mcsadintiaputemmnie ofthe contract,a andtothirp partlesy whparepertommigthee partlyont behalf ofBuEx. Artide2Bids, Contracts,a aTenders 2.1 Unlesst theys containa tmoi lmitf fora acceptance, alltendersa aren non-binding, Additionally, thayd or8 taxes, dutles, cistom chargosu unless speclfically ststed. tender canb voke yBulExte pto oney woek: ftera colors andt data tenders,t thac otherp party donot nomailimits. 22 Sizss, ights, colors andt tachnicald detallsint tha tfars shouidber readi Insuch waythatthe takes acoounto ofsmalld gobayondt the whatis and contractsareb basad ont then rlvant direumstancost and datstpartrulatiythe costs)v whlchy Warel Inforcoorka knownt timeo ofpraparingt thetenderor fforede prices aecordington reasonal andf folmess or Issuingo ofthat tendare orthe conclusiono ofthe representatives, salos gents designs developedbytho ciant, avenl nt desigis. Likewise, BuliEx pears o respansbliny/labit buyer. by offers orderc from Albany, NY. Iverytimes Mith andp proper dellvery cans lb mede, without BullExhaingb boundt any ont ofB BullEx meant when BullEx prevonted, afterthen afths ttso obligations underthlao orfrom war, war dangor, CMV war, rot, acto fira, lockout, thep powers rpartly er houlde ansuret free acces  ny thes sattime, shallbed desmadtob belegallylndafeutt ofdefoul. aslegale ande other costal Incuredi Inc ctdertosacurathe wibed chargeablato tho utherp party, axcept mento pourt subjecttoan minimum ofthree edtofumlshs securitytoB BultEx, ImmadiatsyIpenrgust forthe does camplyw with thismquest, ButiExv wibas antitledto stile ist ting etween BulExn andthec counterparty, damages, copyrigitorpatent: rightand/or rghtin respect aflts designs andn made! byBulExinthe the performanca contract wththed design. protoction holdb byE BulEx, the nlimitedin scope and duration)fert then partyfumist oblgationse comnaetedwihmakang designo oriaventionl Inq questiont bythed othar partyl Itselforby thed operations ofthec other partyin suchs amannert notpermittede excapta after wittenpermision! hast boero obtalnedt trom placn, BulExcann roclatm thes gocdswlhoutthise constituting the theses goodsarel locatad.A Additionally, goods, theg goodswith any dgto Jbany, NV/lorthisjurisaictlonf fora anylegald disputesfort thiscontract. cowity wilibee exdusivelya authorizedtot take coghizanced ofanydisputes slons ufmandatorylawc thep parties ats8 govamede exclsNalyh byu tot thae exctision oTall SalesConvention! (cis)lnotmploatie, noraeinyo othern mtematomairnimgrrom functioning ufits productsa andt thesaundness ofthen materials andp Parts (12)n monthsat atter delivaryorf fora anyo othars sucht tamme esa agreedh wrtting torparty. Nog guarantoels! gvenforp productsthatweren notnewa atther fthel Buyert fcrap period ofsix (6) monthsa afterc dellvery! thep processing fasito tho processing theb buyer, refundap proportionates amounto purchase prica. onthel andf froquencyo ofuss dfthep product nomalusages es deierminedlyBuEx thenr nomal fort theproduct dellyered,t the dose, theg guarantesforwma the productsaren notu usedforthe lnjudkciaususeo orl Improper The salsol barredf from kvokingthes guarantoe partsl listedunderpoint 12,03) hadthes  withe 84 From HBujlEx 8.5 tho Thec The  such  of otherp partlos, shalla apply, ofdellveryands  on 23 ajary condudingt ract. 24 2.5 2.6 aulEx 2.7 3.3 3.5 By focthe  andn materials byn commercia! 101 10.2 nded asd daiivery fult them, agasa exports, othcial regulatinns, bothin RUBEx's factorya andinthet plant rawmaterlals, and, further, througha Amongst site andt thoa availability ufalithe 125 transporte frossn jigence of, ilbe compensated, at. ansation: Corsequentialloss. Indudingd damaesd dueto perfurmance ofthe contract; JEx. fthec tha  5, emitted. Guarantae  thoprocessing discretion, ndtearis  contracts thar ancelsa contract, BuilExiso entitiedtorecovert fromt thec otherp partythe costs olongerb berecoverad, oswelik tslost profit. Complaints 61 complaints, 6.2 63 le7  Impruper Vatnge,! lightningstike, apliadbylhindpartisy withoutthe wilbe cariedo tMRstsawhe lropainsat buyer Isc only antitied tothon replacement ofr repalr ofthef fautty parts replacet themy with! lamdntworeguhelett approprister refund partofthep purchase priças and/or offera propartyofavlx tho countarpartyy without arpal emounts; arty,  oftha paymant( emidngtumoertagt that ofthec devliations donotentitiet thec ctharpartytod defer orsuspend ispayment witing ands supported byrossons, withinf fourteen daysa uftha BuVEx ontftied, sosst tor roduco amounto oftheln Involcesit  beingabietotaker cognizenceo of 12.9 complaint, sellingprices, butarainel chargeds separatelytothe BullExd deemsappropriate.! lfthebuyer harga thabuyert fortho costs thusi Incured, 306 ays inveiced date, withoutanyd discountardtiset,s wnonhip dfs Eoodst theti timet thatthed dvop purchasesum, Includingany cleim lonc costs etc., beenp Daldh lafulla andr recehedhyBUEK, even thogpads hupmadiatbarsains  work aftransport. ender. bid, the Ing,  13.1 (a)  within tha agraedt temm (or, nat tarm Isagresd: anthledtod dissolvati the contract, any other withoutjudiclalle Intervention, andto  20 Corporate Circle I Albany, NY: 12203 I phone! 518.689.2023 If fax 518.689.2034 I www.bullex.com    BullEx  Budgetary Proposal 30  Contact you with this proposal.  Thank you for considering BullEx as at trusted source for your fire training. Ith has been an honor for us to provide Please do not hesitate to contact us shouid you require any more information or have any questions about the  proposal provided or our company- Kyle Haines Regional Sales Manager 20 Corporate Circle Albany, NY12203 Ph: 54BULEXISIB689202 Fax: 518-689-2034  BullEx  20 Corporate Circle I Albany, NY: 12203 I phone 518.689.2023 |fax 518.689.2034 I www.bullex.com    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: April 10, 2018 DEPARTMENT/AGENCY:  Governing Board  SUBJECT MATTER: Resolution regarding spotlighting  COMMENTSRECOMMENDATION:  Stemming from public comment at the April 10, 2018 regular meeting, the County Attorney is in the process of preparing a draft resolution regarding the practice of "spotlighting" in the county for the board's discussion and/or consideration. It will be forwarded in a separate e-mail to  the board.  Attachments Agenda Item 11D  Yes X No    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: April 10, 2018 DEPARTMENT/AGENCY: SUBJECTMATTER: Dog park COMMENIS/RECOMMENDATION:  Governing Board  Chairman Tate has some thoughts he would like to share regarding the aesthetics of the dog park located near Wesley's Park along the Little  Tennessee River Greenway.  Attachments Agenda Item 11E  Yes X No    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: May 8, 2018 DEPARTMENT/AGENCY:  Grand Finale Entertainment, LLC  SUBJECTMATTER: June 9, 2018 fireworks display  COMMENTS/RECOMMENDATION:  Please see the attached application and supporting documentation for a fireworks show scheduled for June 9, 2018 at the Old Edwards Inn's The Farm location in Highlands, NC. The show is for a private wedding  reception.  Attachments Agenda Item 11F  1 Yes  No    April 10, 2017 Mr. Jimmy Teem Macon County Fire Marshal 104 East Main Street Franklin, NC: 28734  ViViD The fireworks showi in a box!  RE: June 9. 2018 OEI The Farm outdoor fireworks permit request  Dear Mr. Teem:  On behalf of Grand Finale Entertainment, Inc., I'm writing to submit this request for permit to conduct an outdoor fireworks display on Saturday, June 9. 2018 at Old Edwards Inn's The Farm location: 336 Arnold Rd Highlands. NC 28741. This fireworks show is for a private wedding reception and we are only using UN0336 1.4G Consumer Class-C devices. No aerial shells or splitting devices in the sky willl be used in this location. Only lower level strobes, fountains, My company invented a new fireworks solution called VIVID, The Fireworks Show In A Box! ViViD is custom made for smaller events with minimal impact on surrounding communities and resources. ViViD reduces the historical challenges with fireworks such as space, cost, logistics, debris, noise, and environmental impact. Here is our website ify you would Grand Finale Entertainment, Inc. is ai fully licensed and insured fireworks operation that meets all local andi federal requirements and abides by all codes setf forth in the National Fire Protection Agency's 1123 guidelines for fireworks displays. Wei insure every show with $2 millioni in liability coverage and have fully licensed NC Pyrotechnicians on staff. respectfully submit this letter and the attached documents for your consideration. We would greatly appreçiate your approval and guidance presenting this permit request to the next Macon County Commissioners' Monthly Meeting. Thank you very much for your consideration. Please let me know when you approve and the next steps.  wheels, mines and comets will bei in use.  like to see more information wawwdfiewphsbozcon  Iwill include Macon County NC Commissioner's Office as additionally insured fort this event.  Sincerely,  A  James Fish Founder & President Grand Finale Entertainment, LLC (864) 256-1694    STATE OF NORTH CAROLINA COUNTY. OF MACON  APPLICATION FOR PERMIT' TO EXHIBIT, USE AND/OR DISCHARGE PYROTECHNICS FOR CONCERT OR PUBLIC EXHIBITION Display Operator/Applicant's full name and address: John Adair  1.  6Claru Ridge Rd, Fletcher, NC 28732  2. Has the Display Operator/Applicant beeni issued a display operator license under N.C. Gen.  Stat. $ 58-82A-3 and does the same: remain in effect? yes  Attach copy.  3. 4.  Place of proposed public exhibition: Old Edwards Inn, The Farm: 336. Arnold Rd Highlands, NC  28741  Willt theexhibitionbeindoor, no  fiso.adiominulsapply.  5. Will the proposed exhibition bei in connection with concerts or public exhibitions, such as fairs, carnivals, shows ofall descriptions and/orpublic ccelebrations? No Ifso, which: Will the proposed exhibition be used for any other purpose? Yes Ifso, what?  6.  Private wedding  7. Does thel Display Operator/Applicant have insurance in the amount ofa at least five hundred thousand dollars ($500,000) or the minimum amount required by the North Carolina Building Code pursuant tol N.C. Gen. Stat. $ 143-138(e), whichever is greater? Yes, $2million The: names of all Individual(s) who are to exhibit, use, handle or discharge pyrotechnics in  Attach full copy of the same.  8.  connection with the concert or public exhibit: John Adair  9. Have all persons identified in #8 above completed training and licensing required under 10. Will the display operator orj proximate audience display operator, as required under. Article 82AofChapter 58 ofthel North Carolina General Statutes, bej present att the concertorpublic 11. Will the display operator or proximate audience display operator, as required under Article 82A of Chapter 58 oft the North Carolina General Statutes, personally direct all aspects of 12. Does Display perator/Applicant have all necessary permissions from the property owner  Arile82AofChapter: SoneNantaCmin.Gemanl Statutes? Yes  exhibition?  Yes  exhibiting, using, handling, or discharging the pyrotechnics? Yes ofthe lands where the display will take plaçe? Yes  Icertify under penalty of perjury that the responses to the above are truthful all respects.  This the 18th day of April  ,2018  gr CEO Grand Finale Entertainment LLC  Display Operator/Applicant    PB! pjouv  Arnold Rd  Arnolde Rd  safety zone  Safely 1ong  I  apuapny  Gutt    3 e @ @ a 3 9  = 8 a    NORTH CAROLINA DEPARIMENT OFINSURANCE OSFM OFFICEOFS STATE FIRE MARSHAL  AhyuOmlen Commissioner rofinsurance Statel Fire Marshal  Ribanbs Senior Deputy Commissioner Assistant SlatcFireMarshal  nonc  4M4a    - PRODUCER NOVATO INSURED Grand Finale Entertainment, LLC DBA: ViViD Fireworks Show In Al Box! 103 Kenton Court Simpsonville, SC: 29681 COVERAGES  CERTIFICATE OF INSURANCE  ISSUE DATE 4/9/2018.  THIS CERTIFICATE ISI ISSUED AS AI MATTER OFI INFORMATION ONLY AND CONFERS NOF RIGHTS UPONT THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND ORI LATER THE COVERAGE, AFFORDED BY THE POLICIES BELOW.  PROFESSIONAL PROGRAM INSURANCE BROKERAGE 371 BEL MARIN KEYS BLVD., SUITE 220  CA, 94949-5662  INSURER(S) AFFORDING COVERAGE  INSURER. A: INSURERI B: INSURER C: INSURER D:  LLOYD'S OF LONDON  THIS ISTO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWI HAVE BEEN ISSUED TO THE NAMED INSURED ABOVE FOR" THE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TOI WHICH THIS CERTIFICATE MAY BE ISSUED ORI MAY PERTAIN, THE INSURANCE AFFORDEDI BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES.  CO A  POLICYE EFFECTIVE POLICYE EXPIRATION DATE (MM/DD/YY) DATE (MM/DD/YY)  LTR TYPE OFI INSURANCE GENERALI LIABILITY CLAIMS MADE GEN'L AGGREGATE LIMIT APPLIES PERI POLICY AUTOMOBILE LIABILITY ANY AUTO ANY OWNED AUTOS SCHEDULED. AUTOS HIRED AUTOS NON-OWNED AUTOS EXCESS LIABILITY FOLLOWING FORM WORKERS COMPENSATION AND EMPLOYERSLABLITY OTHER  POLICYNUMBER PY/18-0003  LIMITS $ 2,000,000 $ $ 50,000 $ 2,000,000 $ $ $ $ OTH- ER  EACH ACCIDENT MEDICAL EXP (Any one FIRE LEGAL LIABILITY GENERAL AGGREGATE PRODUCTS-COMPIOPS AGG $ COMBINED! SINGLE LIMIT (Ea accident) BODILYI INJURY (Perperson) BODILYI INJURY (Pera accident) PROPERTY DAMAGE (Pera accident) EACH ACCIDENT AGGREGATE WC STATU- TORY LIMITS E.L.EACH ACCIDENT E.L. DISEASE-EAI EMPLOYEE E.L DISEASEPOLICYLIMIT $  01/11/2018  01/11/2019 person)  DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTSPECAL PROVISIONS Old! Edwards Inn and Macon County North Carolina Commissioners Office are Additional Insured ast respects the 1.4 G Class Ca aerial firework dsiplay on  06/09/2018 located at3 336 Arold Rdl Highlands, NC 28741  CERTIFICATE HOLDER Shelbi Simpson of M. Elizabeth Events 4268 Cahabal Heights Ct# 148 Birmingham, AL3 35243  CANCELLATION  SHOULD. ANY OF THE ABOVEI DESCRIBED POLICIES BE CANCELLEDI BEFORE THE EXPIRATION DATE THEREOF, THEI ISSUING COMPANYI WILL ENDEAVOR TON MAIL DAYS WRITTEN NOTICE TO1 THE CERTIFICATE HOLDER NAMED TOT THELEFT,BUT FAILURE TOI MAIL SUCHI NOTICE SHALLI IMPOSE NO OBLIGATION ORL LIABILITYOFANY KINDI UPON" THE INSURER, ITSA AGENTS 9PRESENTATVES, tiek    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: April10,2018 DEPARTMENT/AGENCY:  Governing Board/County Attorney  SUBJECT MATTER: Possible opioids litigation COMMENTSRECOMMENDATION:  The County Attorney will initiate a discussion as to whether the county would want to join in litigation regarding the opioids issue and if the board would like to hear from an attorney, Garry Whitaker, on this matter.  Attachments Agenda Item 11G  Yes XNo    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: May 8, 2018  DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Consent Agenda  DEPARTMENT HEAD COMMENTS/RECOMMENDATION: A. Minutes Consideration oft the minutes from the April 10, 2018 regular meeting,  per. Attachment 12A. Attachment 12B.  B.  Finance - Consideration of budget amendments #191 through #194, per  C. Tax releases - Consideration of tax releases for April 2018 in the amount of D. Ad valorem tax collection report -No action is necessary.. Attachment 12D. COUNTY MANAGER'S COMMENTSRECOMMENDATION:  $295.02, per Attachment 12C.  Attachments  X Yes  No  Agenda Item 12(A)(B)(O)(D)    MACON COUNTY BOARD OF COMMISSIONERS  APRIL 10, 2018 MINUTES  Vice-Chairman Beale called the meeting to order at 6:01 p.m. and welcomed those in attendance. All Board Members (with the exception of Chairman Tate and Commissioner Higdon), the County Manager, Deputy Clerk, Finance Director, County Attorney, members of the news media and interested citizens  were present. ANNOUNCEMENTS:  Vice-Chairman Beale noted that Chairman Tate would  not be in attendance this evening, and that Commissioner Higdon had a death in the family and the funeral was today and he might be late in arriving. Vice- Chairman Beale also announced that services would be held on Saturday, April 14 at 2 p.m. for Frank Wood, whose remains were recovered from the USS Oklahoma at Pearl Harbor in Hawaii following his death there at the age of 23. Mr. Wood's service will be held at Carson Cemetery. Also, the County Manager noted that Chairman Tate would be calling in via telephone to listen to the meeting with the understanding that he cannot vote on any of the matters that MOMENT OF SILENCE: Vice-Chairman Beale asked those in attendance to PLEDGE TO THE FLAG: Led by Commissioner Gillespie, the pledge to the flag PUBLIC COMMENT PERIOD: Jim Gray spoke regarding the revised Animal Control Ordinance and thanked the board for holding the public hearing and also thanked Macon County Public Health Director Jim Bruckner for his work on the ordinance, which Mr. Gray said made it a much stronger, much better document. Donald Waldroop addressed the spotlighting of deer and pointed out that the county has no ordinance about shining lights after dark from the public road right-of-way. Mr. Waldroop recounted some instances of this activity he had witnessed near his house, and said that other counties have ordinances that make this illegal and asked the board to consider taking such ar measure. The County Attorney noted that this can be done through a local bill in the state General Assembly following action from the county's board of commissioners. Robin Woods also spoke to the spotlighting issue and to  will come before the board. observe a moment of silence.  was recited.  Minutes 04.10.18 Page 1 of6    hunting on private property. He said more than 30 counties in North Carolina have laws about hunting on other people's property and require the landowner's permission to do sO. He said this gives law enforcement "a little more teeth" and that it shouldn't be a burden on the landowner. "No ethical ADDITIONS, ADJUSTMENTS TO AND APPROVAL OF THE AGENDA: Upon a motion by Commissioner Shields, seconded by Commissioner Gillespie, the board voted unanimously to approve the agenda as adjusted, as follows: To add approval of a letter to Sourwood Running, LLC to allow the Smoky Mountain Relay running event to take place within the county as Item  sportsman would object to that," he told the board.  11G under New Business, per the County Manager.  MAKIN' BOTS ROBOTICS TEAM: Jennifer Love, the STEM Coordinator for Macon County Schools, introduced the members of the Makin' Bots Robotics Team and the team's robot. She said she wanted to thank the board for its support of the county's STEM (Science, Technology, Engineering and Math) program. She explained how grant funding had supported the program and that one large part of it was the robotics portion. She told the board that the program is entering its fourth year of the LEGO League, and that the school system has an average of 70 students in grades 5-8 who have participated and go to competition each year. In the past year, a high-school level FIRST Robotics Competition program was started through a partnership with the local manufacturing firm Tektone, which provided space as well as mentors for the students. "The team has also been supported by community volunteers and parents who guided our students through the building and programming of our robot for competition, she said, with grant funding coming from NASA and Duke Energy. For the team's "rookie" season, 15 high school students from Franklin High and Macon Early College participated, and the team had recently returned from competition in two weekend tournaments where it earned the "Rookie Inspiration Award" and the "Highest Rookie Seed Award" and came within one spot of going to state competition. She introduced the student members of the team, who talked about how the robot project evolved and shared some of the "bumps" along the way. The students said that additional funding and mentors are needed and spoke to how the program has taught them perseverance. They thanked Ms. Love for her guidance. Vice-Chairman Beale called the work of the team "absolutely marvelous" and told Ms. Love, REVISED ANIMAL CONTROL ORDINANCE: Public Health Director Jim Bruckner outlined the changes that had been made to the proposed revised Animal Control Ordinance following the public hearing on the matter at the board's February 13, 2018 regular meeting. He explained that there were two major changes following comments made at the hearing, one regarding  "We cannot thank you enough." No action was necessary.  Minutes 04.10.18 Page 2 of6    adequate shelter for large animals and the other regarding the ordinance's relationship to hunting laws. He said the revised ordinance also eliminated all of the small, complicated parts and pieces and made the ordinance a lot clearer and a lot easier to administer. Vice-Chairman Beale and the County Attorney then pointed out that in order for an ordinance to pass on first reading, all of the members of the board must vote in favor of it. So with two members absent, the board members present agreed to move forward and vote on the first reading with a second reading to take place at the board's May regular meeting. Mr. Bruckner pointed out that the county's Board of Health voted Commissioner Gillespie, seconded by Commissioner Shields, the board voted 3- Otoa approve the restated Animal Control Ordinance as presented. RESOLUTION DESIGNATING A PORTION OF WAYAH ROAD IN HONOR OF DR. THOMAS MCNISH: Following some opening comments, Vice-Chairman Beale read for the record a Resolution Requesting that the North Carolina Department of Transportation Dedicate a Portion of the Wayah Road in Macon County in Honor of Dr. Thomas M. McNish." He explained that this was the first step in the process and that the resolution would be forwarded to the state transportation department for further action. Upon a motion by Commissioner Shields, seconded by Commissioner Gillespie, the board voted 3-0 to approve the resolution as read, a copy of which is attached (Attachment 1) and is  unanimously to approve the revised ordinance.  Upon a motion by  hereby made a part of these minutes.  MOUNTAIN VALLEY FIRE DEPARTMENT MAP:  Emergency Services  Director Warren Cabe told the board that the Mountain Valley Fire Department has made a request to reinstate the department's substation located on Coon Creek Road. He said the department's membership has improved to 28. Meanwhile, the North Carolina Office of State Fire Marshal has changed the inspection requirement from 20 members to 15 for the main station and from eight to four members for the substation. He also noted that the overall response area will remain unchanged but more residents will be eligible for the benefits of a potentially lower protection class rating if the department successfully completes a rating inspection scheduled for April 23rd, sO time is of the essence in asking for the map approval. After reviewing the map provided by Mr. Cabe, and upon a motion by Commissioner Shields, seconded by Commissioner Gillespie, the board voted 3-0 to accept the department's fire COMMUNITY FUNDING POOL RECOMMENDATIONS: The County Manager reminded the board that the task force for the Community Funding Pool basically had to "start from ground zero" with several new members, and he noted that Karen Wallace, a longtime task force member, had been an integral part of getting that going. He said that by-laws for the newly revised group  district map with the reinstated substation as requested.  Minutes 04.10.18 Page 3 of6 6    were still a work in progress. Ms. Wallace said that this year's work had been a great opportunity to learn from history. She said the current group of 13 committee members received 17 applications seeking a total of $129,623, with $75,000 available to be allocated. Of the 17, 13 were recommended for funding, and a list of those recommendations is attached (Attachment 2) and is hereby made a part of these minutes. She said there are certain agencies that the task force would like to approach the board of commissioners about directly funding instead of taking it from the pool. She said there is "a wide discrepancy" among the agencies applying, as some are well grounded while others are just getting started and have no track record. Following further discussion, and upon a motion by Commissioner Gillespie, seconded by Commissioner Shields, the board voted 3-0 to approve the recommendations as SOUTH MACON ELEMENTARY SCHOOL RESOLUTIONS: In the first of two matters regarding the planned expansion of South Macon Elementary School, the Finance Director explained that she was seeking authorization for the filing of an application for approval of a financing agreement for the project in an amount not to exceed $2,923,674. Commissioner Shields made a motion to approve the Resolution Authorizing the Filing of an Application for Approval of a Financing Agreement Authorized by NC General Statute 160A-20 and Providing for Certain Other Related Matters Thereto." The motion was seconded by Commissioner Gillespie, and during discussion, he raised the question of using money from the county's fund balance to pay for the expansion instead of obtaining a loan. Vice-Chairman Beale said the county had never used fund balance to pay for school construction. Commissioner Gillespie said that he would like to have further discussion about paying from fund balance at the board's May 8th meeting. The County Attorney noted that an interlocal agreement with the county's Board of Education would be needed. After further discussion, the board voted 3-0 to approve the resolution as presented, a copy of which is attached (Attachment 3) and is hereby made a part of these minutes. As to the second item, upon a motion by Commissioner Shields, seconded by Commissioner Gillespie, the board voted 3-0 to approve a "Resolution of the County of Macon, North Carolina Declaring the Intent of the County of Macon, North Carolina to Reimburse Itself for Capital Expenditures Paid in Connection with Certain improvements to South Macon Elementary School from the Proceeds of a Certain Installment Purchase Contract to be Executed and Delivered in Calendar Year 2018," a copy of which is attached APPLICATION FOR EDUCATION LOTTERY FUNDS: The Finance Director told the board this was the annual application used to draw down money from the North Carolina Education Lottery Public School Building Capital Fund. This year, the amount available to the county is $297,259.24. She said the  presented.  (Attachment 4) and is hereby made a part of these minutes.  Minutes 04.10.18 Page 4 of 6    county's Board of Education approved the application on March 26th, She pointed out that the money must be used for school construction or to make a principal and interest payment on an existing school construction loan. Upon a motion by Commissioner Shields, seconded by Commissioner Gillespie, the board voted 3-0 to approve the application as presented, a copy of which is attached (Attachment 5) and is hereby made a part of these minutes. LEASE AGREEMENT WITH TOWN OF FRANKLIN REGARDING GAZEBO: The County Attorney explained that the Town of Franklin is looking to renew the lease agreement with the county regarding the gazebo located on the town square. He said the property is currently leased to the town for entertainment purposes, and while the expiring lease is for a period of 20 years, the town is seeking a 30-year lease in the new proposal. He said that the document, which was drafted by Town Attorney John F. Henning, Jr., would now require a 180- day notice to terminate the agreement, as opposed to the current 30-day notice. Vice-Chairman Beale said he had several questions about the new agreement, including one about conversations he had heard about the town allowing alcohol to be served at events held at the gazebo. The County Attorney noted he had prepared a memo to the board that outlined 11 specific items "that need work," but that the draft version is a good starting place for discussion. Commissioner Gillespie said he also had some concerns, one of which was if the lease grants the town exclusive use of the property, then what happens if the county wants to use it. Vice-Chairman Beale raised concerns about liability issues. With the agreement set to expire May 5th, he said the county is not saying "no" to a renewal but that there is some need to talk about it. The County Attorney asked the board to consider allowing the County Manager to sign an extension of the existing lease for a one-month period while recommendation of the County Manager, upon a motion by Commissioner Shields, seconded by Commissioner Gillespie, the board voted 3-0 to extend the FIREWORKS PERMIT: Following a brief overview from Vice-Chairman Beale, and upon a motion by Commissioner Gillespie, seconded by Commissioner Shields, the board voted 3-0 to grant a permit to Grand Finale Entertainment, LLC to conduct an outdoor fireworks display on Saturday, June 2, 2018 at the Old Edwards Inn Rockwood Lodge at 1900 Hickory Knut Gap Road in Highlands, NC. The fireworks show is for a private wedding reception. SMOKY MOUNTAIN RELAY: Upon a motion by Commissioner Shields, seconded by Commissioner Gillespie, the board voted 3-0 to authorize the County Manager to sign a letter of acknowledgement and approval for Sourwood Running, LLC to hold a portion of the Smoky Mountain Relay  these matters are addressed.  Following further discussion and the  current lease agreement until June 14, 2018.  Minutes 04.10.18 Page 5 of6    running event in Macon County on April 20-21, 2018. A copy of the letter is attached (Attachment 6) and is hereby made a part of these minutes. CONSENT AGENDA: Upon a motion by Commissioner Shields, seconded by Commissioner Gillespie, the board voted 3-0 to approve the items on the consent agenda as follows: the minutes of the March 13, 2018 regular meeting; the following budget amendments: #162 to allocate $1,830 from an insurance settlement for the Sheriff's Department for vehicle repairs; #163 for the Department of Social Services to appropriate an additional LIEAP allocation of $10,000; #164 for Emergency Services to allocate $214 from an insurance settlement for repairs to the Fire Services truck; #165 for the Housing Department to appropriate a $50,000 funding increase in a Duke Energy 2017 Helping Home Fund grant; #166 for the Carpenter Building Renovation Project to transfer $59,080 from the Buildings and Grounds budget to the Carpenter Building Renovation Project budget to replace the roof on the building; #170 for the Housing Department to appropriate $50,000 for a new Duke Energy Income Qualified Weatherization Program. (Copies of the amendments are attached); tax releases for the month of March in the amount of $5,121.56; approved a Grant Project Ordinance for Duke Energy's 2017 Helping Home Fund in the amount of $108,603 (ordinance attached); approved a Grant Project Ordinance Amendment for the PNC Healthy Housing Energy & Neighborhood Beautification Improvement program in the amount of $37,800 (amendment attached); monthly ad valorem tax collections report (no action ADJOURN: With no other business, and at 7:30 p.m., upon a motion by Commissioner Gillespie, seconded by Commissioner Shields, the board voted 3-  necessary).  Oto adjourn.  Derek Roland  Ronnie Beale Board Vice-Chairman  Ex Officio Clerk to the Board  Minutes 04.10.18 Page 6 of6    MACON COUNTY BUDGET AMENDMENT  April 10, 2018  AMENDMENT! FROM: FINANCE DEPARTMENT: EXPLANATION: 11-3584-4389-22 11-5831-5675-26  191  SOCIAL SERVICES Additional revenues DESCRIPTION SHIPP REVENUE SHIPP  INCREASE $2,856 $2,856  DECREASE  /  REQUESTED BY DEPARTMENT) HEAD RECOMMENDED BY FINANCE OFFICER APPROVED: BY COUNTY MANAGER ACTION BY BOARD OF COMMISSIONERS APPROVED AND ENTERED ON MINUTES DATED  HE  6/8ls mechry  CLERK    MACON COUNTY: BUDGET AMENDMENT  AMENDMENT! DEPARTMENT: EXPLANATION: ACCOUNT 114260-556003  19a DESCRIPTION  4260  INCREASE 39100  DECREASE  mainenanc Supplies  113839485000  Insurance. Settlement  391.00  REQUESTEDBY) DEPARIMENTHEAD, RECOMMENDED BYI FINANCE OFFICER APPROVED BY COUNTY MANAGER  1  let in 4  Berinbap  ACTIONI BY BOARDOF COMMISSIONERS 5klu nurtg  APPROVED. AND ENTERED ON MINUTES DATED  CLERK    MACON COUNTM BUDGETAMENDMENT AMENDMENTE FROM: LindsayLeopard. DEPARTMENT: SheriffsOffice  193  EXPLANATION: Appropriation off federal dngturesremomngnsd.  ACCOUNT 223000-430100 224000:556005 224000-569601  DESCRIPTION Federal Forfeiture Funds. Eederal Forfeiture-funds Computer: Supplies Equipment-vehides  INCREASE, $10,232 $1,987. $8,245  DECREASE  REQUESTED BYDEPARIMENTHEAD RECOMMENDED: BYENANCEOFEICER, APPROVED-BY COUNTYMANAGER   t  ACTION BY BOARD OF COMMISSIONEBS 5gls agle  APPROVEDANDENTERED: ONMINUTESDATED  CLERK    MACON/COUNTY! BUDGETAMENDMENT AMENDMENT# DEPARTMENT EXPLANATION ACCOUNT  194  Capital Project Fund  Appropriate: fundsfrom. wildfire reimbursement for radio communlkationsupgrade project.  DESGRIPTION  INCREASE DEGREASE 145,360 145,360 145,360 145,360  553069 980011TRFRI FR.G GENS FUND-BADIO COMMI PR 554069 580900 CONSTRUCTION-RADIO: COMMI PROJ 113840 417900FUNDI BALANCE APPROPRIATED 119000 980055/TRANSFER TO COUNTY BLDGS FUND  REQUESTED BY DEPARTMENT HEAD: REÇOMMENDED) BYJ FINANCE OFFICER: APPROVED! BY COUNTY MANAGER APPROVED&E ENTERED ONT MINUTES DATED  DAPANAN  ACTION BY BOARD OF COMMISSIONERS 618118 meehng  CLERK  * S1    &  R  88888 0 8888 8 00 8888 000 88888 0000  o o  e > o o        MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETINGDATE: April10,2018 DEPARTMENT/AGENCY:  Governing Board  SUBJECT MATTER: Appointments COMMENIS/RECOMMENDATION:  A. Highlands Tourism Development Commission Jack Austin has agreed to serve as the Large Accommodation representative on the commission. Chairman Tate may have additional comments on the B. Frankln/Nantahala Tourism Development Commission - Please see the attached letter from Linda Harbuck regarding the terms of Ron  commission'st membership list.  Haven and Linda Sterrett on the commission.  Attachments  1 Yes  No  Agenda Item 13( (Aand B)    Franklin  CHAMBER OF COMMERCE  Mountain Treasures. Simple Pleasures.  May2, 2018  Mr. Derek Rowland, County Manager Macon County Courthouse 5W.N Main Street Franklin, NC 28734 Dear Mr. Rowland,  According to our records, two members oft the Franklin/Nantahala Tourism Development Commission have terms expiring on May 12, 2018. Those members are Ron Haven and Linda Sterrett. Ihave ask each of them if they would like. to: serve anothert term on the Commission. Linda! Sterrett responded that l'am hereby recommending that Linda Sterrett (Rose Creek Mine) be appointed to the TDC for another 3 year term (to expire May, 2021). Mrs. Sterrett is an at large attractions representative oni the TDC. Mr. Haven was the large accommodation representative on the TDC. Ihave not tried to contacta representative from large accommodations to replace Mr. Haven. Ifso desired by the County, Iwill  she would like to serve again but Ron Haven declined.  make some contacts to seei ifanyone is interested.  Please let me know iflneed to help find a replacement for Mr. Haven on the TDC.  Kind-regards;  dhthheb Linda Harbuck, Secretary Eranklin/Nantahala TDC 981 HyattRoad Franklin,NC. 28734 (828)524-3161 Lindah@franklin-chamber.com  98 Hyatt Road . Franklin, North Carolina 28734 ph: (828) 524-3161 . fax: (828) 369-7516-1 m.fanhlin-dambercon