Wlacon County  J u  MACON COUNTY BOARD OF COMMISSIONERS  OCTOBER 10, 2017 AGENDA  1. Call to order and welcome by Chairman Tate  2. Announcements A. NCACC Video Update 3. Moment of Silence 4. Pledge of Allegiance 5. Public Hearing(s) - 6. Public Comment Period 7 Additions toj agenda  :i  8. Adjustments to and approval of the agenda  9, eports/Presentations  A. Community Advisory Committee appointment process Sarajane Melton = Area Agency on Aging Administrator for the  Southwestern Commission  10.Old Business 11.New Business  A. Consideration of resolution approving docuiment changes toi allow usel of bond proceeds for landfill equipment - Finance B. Discussion regarding South Macon Elementary School - County  Director  Manager and school system liaisons 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 A. Minutes of the September 12, 2017 regular meeting  Commissioners.  MACON COUNTY COURTHOUSEA ANNEX PHONE 828-349-2000  5WESTMANSTREET  FRANKLIN, NORTH  FAX: CAROLINA28734 828-349-2400    B. Budget Amendments #56-62 C. Tax Releases for September 2017 D. Monthly ad valorem tax collection report  13.Appointments  A. Community Funding Pool B. Economic Development Commission 14.Closed session (ifr necessary) 15.Adjourn/Recess    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: October 10, 2017  DEPARTMENT/AGENCY: Southwestern Commission  SUBJECT MATTER: Community Advisory Committee appointment  process  COMMENTS/RECOMMENDATION:  Sarajane Melton, the Area Agency on Aging Administrator for the Southwestern Commission, will present information on the new appointment process for the Community Advisory Committee. Please see the attached  documents for more details.  Attachments Agenda Item 9A  4 Yes  No    a  I  0  - e  a @    i-  . .   :": :  1 awwiSS h.h.." XwVS:  Provide Training and Technical assistance to CommunityA Advisory Committees  Legal Base 42 U.S.C. 53058g/h)(4)A)  "The State agency shall require the Office to "-(4)(A) strengthen and update procedures for the training oft the representatives oft the. Office, including unpaid volunteers, based on the model standards established byt the Director of the Office ofi Long-Term Care. Ombudsman Programs, in consultation with  representatives of citizen. groups; long-term care providers, and the Office...  450 CFR $1324.13(c )(2)  "The Ombudsman shall establish procedures fort training, for certification and continuing education of the representatives of the Office, based on model standards established' byt thel Director of the Office of the Long-Term Care Ombudsman Programs as described in section 201(d) oft the Act... "Provide training and technical assistance to the community: advisory committees."  N.C.G.S. $143B-181.19/D/8)  Community Advisory Committee Certification: and Designation.  The State Ombudsman shallc designate and. refuse, suspend or remove designation of volunteer representatives of the Office of the State Long-Term Care Ombudsman, including any community advisory committee appointees, in accordance with the Long-Term Care Ombudsman Program Policies Anyi individual who serves. as a community advisory committee. member must go through the Office of the State Long-Term Care Ombudsman's certification and designation process and meet the certifiçation and designation requirements in accordance with the State Long-Term Care Ombudsman Program  and Procedures.  Policies and Procedures,  Community: advisory. committee members appointed must:  meet the minimum requirements in accordance with the State Long-Term Care Ombudsman receive. on-going training requirements Ina accordance witht the Ombudsman Policies and.  Program. Policies and. Procedures, have received initial training; and  Procedures  Eligible CAC members shall receive mandatoryt training developed by the Office oft the State Long- Term Care Ombudsman regarding their accountability: as it relates tot their role as representatives of the Office of the State Long-Term Care Ombudsman and attest toi their understanding of their role and commitment toi the Ombudsman program. After the CACI member successfully completes training and signs an attestation, member will be certified and designated to function as a    X  yAwpS  -s"s:  ea.wy wwes. MIS:  representative ofi the Office ofthe State Long-Term Care Ombudsman, Also, CACI members shall attend the mandatory quarterly training provided byt the Regional Ombudsman.  Appointment of Community Advisory Committee Members  Process:  Appliçation is made by potential CAC to their Board of County. Commissioners  County clerks: shall notify the Regional Ombudsman. free of conflict per 45 CFR! $1324.21  Regional Ombudsman wille evaluate whether nominee meetsn minimum requirementsandare Regional Ombudsman completes initial training, member attests to completion o Office oft the State Long-Term Care Ombudsman certifies and designates the individual Regional Ombudsman wil notify county to appoint to committee Office of the State Office Long-Term Care Ombudsman can refuse, suspend, and remove designation ofr member; and upon de-designation, Board of County Commissioners shall  automatically rescind appointment tot the committee.  County Commissioners will receive applzations/nominations of county citizens to participate on each community advisory committee. The board of county commissionerswil! recommend potential Nominations willl be forwarded from the clerk of the board to the Regional Ombudsman. The Regional Ombudsman will evaluatè whether the nominees meet the minimum'o qualifications for appointment, are free ofconflict, and are willing to meet the requirements oft the program. Interested applicants may also Regional Ombudsmen will either accept or decline nominations based ont the standard requirements. If anomination is declined, a written explanation willl be senti to thel nominee and the clerk: Accepted nominees will advance to certification training within 90 days. Regional Ombudsmen: shall provide certification training on a regular basis. CACI members are mandated to complete initial and ongoing training by Regional Ombudsmen in accordance with the Ombudsman Policies and Procédures. After the successful completion oft the certification training, nominees will attest to their understanding of their role and commitment to the Ombudsman program. Regional Ombudsmen will forward the names of nominees who sign their attestation document along withi the date ofe expiration for theirterm The State Long-Term Care Ombudsman will designate the nominee as a representative oft the Office by issuing a certificate within 15 days of notification by the Regional Ombudsman. Certificates willl be generated byt the Office oft the State Long-Term Care Ombudsman and mailed tot the CACI member. Regional Ombudsman will bei notified ofe each designation. Regional Ombudsman will notify the clerk of thel board that the nominee is eligible for appointment to the community advisory committee.  community advisory committee members to the Regional Ombudsman.  contact the Regional Ombudsman.directy.  to the Office of the State Long-Term Carel Program.    e:: WwXSAXPA4 :uiii. -ww:  -X  :  4/AX9XXEXASSA :3SAES  3  Suspension of Designation  Designation of a CAC member can bet temporarily: suspended by the State Long-Term Care Ombudsman ift the actions oft the CAC member are out of compliance with the Ombudsman Program Policies and Procedures or N.C. G.S. $5131D-31 or 131E-128. Grounds for recommending immediate suspension of  designation pendingac quality assurance review mayi include but notl limited to: 1. Complaints related to committee or member's visit to at facility. 2. Non-complance with Ombudsman Program Policies and Procedures. 4. Intentional failure to reveal a conflict ofi interest. responsibilities s/he has agreed to perform.m community advisory committee  3. Non-attendance at meetings  5. Intentional. misrepresentation oft the representative's designated authority or the mandated , Ifmember's actions negatively impacted eitherresident(s) or. the successful operation oft the  The Regional Long-Term Care Ombudsman, assigned to work with thei identified community advisory committee will meet with the community advisory. committee member(s) forà a discussion about the allegations received and gatheri factual information from the community advisory committee Aftera à quality: review to determine whether the allegation(s) made is/are a violation oft the Ombudsman Program Policies and Procedures or G.S. $5131D-31 or 131E-128 as outlined above, the Regional Ombudsman wills send a written recommendation: for suspension of designation to the Office of the State Long-Term Care Ombudsman. NOTE: Based on the severity of the complaint,a Regional Ombudsman has the discretion to recommend eithera as suspension or removal of designation.  member(s) related tot the complaint(s).  Processforehnstatement: of designation  a. Ifthe Regional Ombudsman decides that the community advisory committee member(s) was/were in compliance with thel law and Ombudsman Program Policies and Procedures, then the complainant will be natified in writing that no further action willl be taken by the Regional Ombudsman. This outcome willl be communicated to the community advisory committee member(s). The Regional Ombudsman will maintain written documentation of facts b. Ifiti is determined that the committèe members' actions were out of compliance with the Ombudsman Program Policies and Procedures or N.C.G.S. $5131D-31 1or131E-128, then the Regional Ombudsman will explain thet findings and outline proposed remedial actions to the (1) Remedial strategies may include, but are not limited tot the following: conduct addition training about the duties ofa community advisory committee member, offer additional  established that support this decision.  community advisory committee member(s).    MAWESAXS WWAMBP-wN XXAIENI    . M  : VISIS 4  technicala assistance and consultation during facility visitsand/or request that the community advisory committee member(s) transfert to a different subcommittee sO they no longervisit. thet facility where the alleged inappropriate action occurred. (2) Based on findings, the Regional Ombudsman will sénd a written recommendation tot the State Long-Term Care Ombudsman for reinstatement ofdesignation.  Removal of Designation  Criteria for removal of designation ofacAci member mayi include but not limited to: 1. Failure tot follow policies and procedures and training provided.. 2. Intentional failure to reveal a conflict ofi interest. responsibilities s/he has agreed to perform.. - 45C.F.R. $51321 and 1324, N.C651438-181.1525.  3. Intentional mistepresentation: of ther representative's designated authority or1 the mandated 4. Failure to adhere to applicable Federal, state laws, regulations and policies (Older Americas Act, Falsification ofr records, destruction of Program records or grossf failure to maintain required Ifa CAC member has violated: their duties or policies and procedures of the Ombudsman program, their designation. cani be automatically removed. by the State Ombudsman. Aftera quality review as outlined above under the "suspension ofc designation", the Regional Ombudsman will send a written: : recommendation for removal of designation tot the Office oft the State Long-Term Care Ombudsman, The Office of the State Long-Term Care Ombudsman will notify the Regional Ombudsman and the CAC mémber regarding thei final decision to remove designation. The Regional Ombudsman will notify the clerk of the removal of designation. The county board of commissioners: shall automatically rescind  documentation and records.  appointment of the member to committee.  080817  :    GENERAL ASSEMBLY OF NORTH CAROLINA  SESSION: 2017 HOUSE BILL248  H  PROPOSED COMMITTEE SUBSTITUTE #248-PCS30357-SH-14  Short Title: Support for Older. Adults & DHHS Study..  (Public)  Sponsors: Referred to:  March 6, 2017. ABILLTOBEI ENTITLED  1 3 4. 5 6 7 8 9 10 11 13  2 AN ACT TO RECOMMEND THAT THE COCHAIRS FOR THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES CONSIDER A SUBCOMMITTEE ON AGING; TOMAKE CHANGES TO THE ADULT CARE HOME, AND; NURSING HOME ADVISORY COMMITTEES TO CONFORM TO THE: ADMINISTRATION FOR COMMUNITY LIVING RULES AND RECENT CHANGES TO.THE STATE LONG-TERM CARE OMBUDSMAN PROGRAM; AND TO: DIRECT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO STUDY THE HOPE AÇT. AND. RELATED FEDERAL REGULATIONS AND TO MAKE RECOMMENDATIONS TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE  ONHEALTH, AND HUMAN SERVICES. 12 The General. Assémbly ofNorth Carolina enacts:  SECTION 1.(a) Pursuant toj the authority in G.S. 120-208.2(d), the cochairs for the  14 Joint Legislative Oversight Committee on Health and Human Services may consider appointing 15 a Subcommittee on Aging to examine the State's delivery ofs serviçes for older adults in ordert to 16 () determine their service needs and to (ii) maké recommendations to the Oversight Committee 17 on how to address those needs. North Carolina currently ranks ninth in the nation for the size of 18: the. age 60 and older population and tenth in the nation for the age. 85 and older population. 19 From 2015 to 2035, the age. 65 and older population is projected toi increase sixty-seven percent 20 (67%) and the age 85 and older population is projected to increase one hundred two percent 21 (102%). By 2019, North Carolina will have morej people that are 60. years ofage and older than 22 children age 0-17. It is recommended that the Subcommittee, examine. the range of programs, 23 and serviçes for. older adults throughout the çontinuum of care. The Subcommittee is 24 ençouraged to. seek input from a variety of stakeholders and interest groups including: the 25 Division of Aging and Adult Services and the Division of. Social Services, Department of 26 Health and Human Services; the North Carolina Coalition on Aging; the North Carolina Senior 29 submit an interim report of its findings and recommendations, including any proposed 30 legislation, to the. Joint Legislative Oversight Committee on Health and Human Services onor 31 before March 1, 2018, and shall submit a final report of its findings and recommendations, 32 including any proposed legislation, on or before November 1, 2018, at which time it shall 33 terminate unless reappointed by the cochairs of the Oversight Committee under the authority  27 Tarhéel Legislature, and the Governor's Advisory Council on. Aging.  28  SECTION 1.(b) Ifa Subcommittee. on Aging is appointed, the Subcommittee shall  34 granted in G.S. 120-208.2(d).  35  SECTION2.(a) G.S. 131D-31 reads as written:  36 "$131D-31. Adult care home community advisory committees.  4 8 PCS30357    General Assembly Of North Carolina  Session 2017  1  (a) Statement of] Purpose. - Itis the intention of the General Assembly that community 2 advisory cemamitees-commitce members function as representatives oft the Office of the State 3 Long-Term Care Ombudsman and through their designation work to maintain the intent oft the 4 Adult Care Home Residents' Bill of Rights within thel licensed adult carel homes in this State. It 5 is the further intent of the General Assembly that the committees promote community 6 involvement and: cooperation with adult care homes to ensure quality care for the elderly and  7 disabled adults. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25. 26 27 28 29. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51  - (b) Establishment and Appointment ofC Committees. -  (1) A community advisory committee shall be established in each county that has at least one licensed adult care home, shall serve all the homes in the county, and shall work with each of these homes for the best interests of the residents. In a çounty that has one, two, or three adult care homes with 10 or. (2) Ina county with four or more adult care homes with 10 or more beds, the committee shall have one additional member for each adult care. home with 10 or more beds in excess of three, and may have up to five additional members at the discretion of the county commissioners, not to exceed a maximum of 25 members. In each county with four or more adult care homes with 10 or more beds, the committee shall establish a subcommittee of no more than five members and no fewer than thrée members from the committee for each adult care home int the county. Each member must serve (3) In' counties with no adult çare homes with 10 or more beds, the committee shall have five members. Regardless of how many members a particular community advisory committee is required tol have, at least one member of each committee shall be aj person involved in the area ofmental retardation. (4) The boards of county commissioners are encouraged to appoint the Adult Care Home Community Advisory, Committees. Of the membérs, à minority (not less than one-third, but as close to one-third as possible) shall be chosen from among persons nominated by ai majority of the chief administrators of adult care homes ini the county. Ift the adult care home administrators fail to make a nomination within 45 days after written notification has been sent to them requesting a nomination, these: appointments may be made without nominations. If the county commissioners fail to appoint members to a committee by.uly1,1983,the appointments shall be made by the Assistant Seerelaty-fer-Aging DapummtafHalk-iwOlieaf the State Long-Term Care Ombudsman_no sooner than 45 days after nominations have been requested from the adult care home administraters; welasamdaaherBadminson In making appointments, the Assistant-Seereary for-Aging-Office of the State Long-Term Care Ombudsman shall follow the same appointment process as that specified for Notwithstanding any other provision ofthis Article. appointment to an Adult Carel Home Community Advisory Committee is contingent upon designation oft the appointee by the Office of the Statel Long-Term Care Ombudsman in accordance with G.S.1 143B-181.18. A designated appointee is directly accountable to the State Long-Term Care Ombudsman Program in order to perform the duties as a representative of the Office of the State Long-Term Care Ombudsman. Removal of the appointee's designation by the Office of the State Long-Term Care Ombudsman automatically rescinds the appointment to the Adult Care Home Community. Advisory Committee.  more beds, the committee shall have five members.  on' at least one subcommittee.  the County Commissioners.  Page 2  House Bill 248  PASPCS07/S8-4D9    General Assembly OfNorth Carolina  Session 2017  1 2 3 4 5 6  (6) Any individual who serves as a community advisory committee member must go through the Office of the State Long-Term Care Ombudsman's certification ànd designation process and meet the certification and designation réquirements in accordance with the State Long-Term Care  Ombudsman Program Policies and Procedures.  (C) Joint Nursing and Adult Care Home Community Advisory Committees. = 7 Appointment to the Nursing Home Community Advisory Committees shall preclude 8 appointment to the Adult Care Home Community Advisory Committees except where written 9 approval to combine these committees is obtained from the Assisiant-Seeretary-ter-Aging: 10 PpmmmofHalkméOlke of the State Long-Term Care Ombudsman, 11 Where this approval is obtained, the Joint Nursing and Adult Care. Home Community Advisory 12 Committee shall havé the membership required of Nursing Home Community Advisory 13 Committees and one additional member for each adult care home with 10 or more beds 14 licensed in the county. In counties with no adult care homes with 10 or more beds, there shall 15 be one additional member for every four other types' of adult care homes in the county. In no 16 case shall the number of members on the Joint Nursing and Adult Care Home Community 17 Advisory Committee exceed 25. Each member shall exercise the statutory rights and 18 responsibilities of both Nursing Home. Committees and Adult Care Home Committees. In 19. making appointments to this joint committee, the county commissioners shall solicit 20 nominations from both nursing and' adult care home administrators for the appointment of (d): Terms of Office. - Each committee member shall serve an initial term of one year. 23 Any person reappointed to a second or subsequent term in the same county shall serve a two-or 24 three-year term at the county commissioners' discretion to ensure staggerèd terms ofoffice. (e) Vacancies. Any vacancy shall be filled by appointment of a person for a one-year 26 term. If this vacancy is in a position filled by an appointee nominated by the chief 27 administrators ofa adult care homes within the county, then the county commissioners shall fill 28 the vacancy from persons nominated by a majority of the chief administrators. If the adult care 29 home administrators fail to make ai nomination by registered mail within 45 days after written 30 notification has been' sent to them requèsting a nomination, this appointment may be made 31 without nominations. If the county commissioners fail to fill a vacancy, the vacancy shall may 32 be filled by the Office oft the State Long-Term Care Ombudsman,Asisiatsreayetgg 33 DpasimskeFHalkamewm--SeMco sooner than 45 days after the commissioners  21 approximately (but no more than) one-third oft the members.  22 25  34 have been notified of the appointment or vacancy.  35 36 term. 37  (f) Officers. - The committee shall elect from' its members a chair, to serve a one-year (g) - Minimum Qualifications for Appointment. - Each member must be a resident oft the 38 çounty which the committeè serves. No person or immediate family member ofa person with a 39 financial interest in a home sérved by the committee, or employee or governing board member. 40 of a home served by the committee, or immediate family member of a resident in a home 41 served by the committee may be a member of that committee. Any county commissioner who 42. is appointed to the committee shall be deemed to be serving on the committee in an ex officio 43 capacity. Members of the committee shall serve without compensation, but may be reimbursed 44 for actual expenses incurred by them in the performance of their duties. The names, of the 45 çommittee members and the date of expiration of their terms shall be filed with the Office of 46 the State Long-Term Care Ombudmm.DivsiefAsisPpstmseHuwmen (h). Training, Certification and Designation. Training. The Office of the State 49 Long-Term Care Ombudsman Divisionef-Agig-DepatmisfHalkame-uman-sersees, 50 shall develop minngsiaahlwtiang 51 requirements for certification and designation in accordance with 45C.F.R. $1324.13c/2).  47 Services: 48  H248-PCS30357/-SH-14 [v.9]  House Bill 248  Page 3    General Assembly Of North Carolina  Session 2017  1 Each committee member must receive certification training as specified by the State 2 Long-Term Care Ombudsman Program Policies and Procedures and be designated as 3 representatives of the State Long-Term Care Ombudsman Program DivisienefAgingprior: to 4 exercising any power under G.S. 131D-32. The State Long-Term Care Ombudsman Program 5 Divisien-ef-Aging PpamasefHalh-m-meamaSewisydain provide the committees 6 with information, guidelines, training, and consultation to direct them in the performance of (i) Any. written communication made by a member of adult care home advisory 9 committee within the course and scope of the member's duties, as specified in G.S. 131D-32, 10 shall be privileged to the extent provided in this subsection. All communication shall be 11 considered the property. of the Office of the State Long-Term Care Ombudsman and subject to 12 the Office's disclosure policies. This privilege shall be a defense in a cause of action for libel if 13 the member was. acting in good faith and the statements and communications do not amount to To the extent that any adult care home advisory committee or any member is covered by 16 liability insurance, that committee or member shall be. deemed to have waived the qualified  7 their duties. 8  14 intentional wrongdoing.  15 18 20.  17 immunityherein to the extent ofindemnification' by insurance." 19 "S131E-128. Nursing home advisory committees.  SECTION2.b). G.S. 131E-128 reads asi rewritten:.  (a), It is the purpose of the General Assembly that community advisory committees 21 committee members function as representatives of the Office of the State Long-Term Care 22 Ombudsman and. through their designation work to maintain the intent of the Nursing Home 23 Resident's Bill of Rights this-Part-within the nursing homes in this State, inçluding nursing 24 homes operated by hospitals liçensed under Article 5 of G.S. Chapter 131E. It is the further 25 purpose of the General Assembly, that the committees promote community involvement and 26 cooperation with nursing homes. and an integration of these homes into a system of care for the  27 elderly. 28 29 30 31 32 33 34 35 36 37 38 39 40' 41 42 43 44 45 46 47 48 49 50 51  (b), (1) A çommunity advisory çommittee shall be established in each county which  has a nursing home, including a nursing home operated by a hospital licensed under Article 5 ofG.S. Chapter 131E, shall serve all the homes in the county, and shall work with each homei in the best interest oft the persons residing in each home. In a county which has one, two, or three nursing homes, the committee shall have five members. In a county with four or more nursing homés, the committee shall have one additional member for each nursing home in excess. of three, and may have up. to five additional members per committee at the discretion ofthe county commissioners. (2) In each county with four or more nursing, homes, the committee shall establish a subcommittee of no more than five members and no fewer than three members from the committee for each nursing home in the county. (3) Boards of county commissioners are encouraged to appoint the Nursing Home Community Advisory Committees. Bach-cemmitte- -shall-be appeinted-  the members, a minority (not less than one-third, but as close to one-third as possible) must be chosen from among persons nominated by a majority of the chief administrators oft nursing homes ini the county and oft the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131E, which operate nursing homes. Ift the nursing home administrators and the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131E, which operate nursing homes fail to make ai nomination within 45 days after written notification has been sent to them by the board of county commissioners  Each: member must serve on at least one subcommittee.  Page 4  House Bill 248  HPASPCSO7SH14D9    General Assembly Ofl North Carolina  Session 2017  1 2 3 4 5 6 7 8 9 10 11 12. 13 14 15 16 17  requesting a nomination, these appointments may be made by the board of (4) Notwithstanding any other provision of this Article. appointment to a nursing home community advisory committee is contingent upon designation of the appointée by the Office of the State Long-Term Care Ombudsman in accordance with G.S. 143B-181.18. A designated appointee is directly accountable to the State Long-Term Care Ombudsman Program in order to perform the duties as a repiresentative of the Office of the State Long-Term Care Ombudsman. Removal of the appointee's designation by the Office of the State Long-Term Care Ombudsman automatically rescinds the appointment to the nursing home community advisory committee. Any individual who. serves as a community advisory committee member must go through the Office of the State Long-Term Care Ombudsman's certification and designation process and meet the certification and designation requirements in accordance with the State Long-Term Care  county commissioners without nominations.  Ombudsman Program Policies and Procedures.  (C) Each committee member shall serve an initial term of one year. Any person 18 reappointed to a second or subsequent term' in the same county shall serve a thrée-year term. 19 Persons who were originally nominees of nursing home chief administrators and the governing 20 bodies of the hospitals licensed under Article 5 of G.S. Chapter 131E, which operate nursing 21 homes, or who. were. appointed by the board of county commissioners when the nursing home 22 administrators and the governing bodies of the hospitals licensed under Article 5 of 23 G.S. Chapter 131E, which operate nursing homes failed to make nominations, may not be 24 reappointed without the consent of a majority of the nursing home chief administrators and the 25 governing bodies oft the hospitals licensed under Article 50 ofG.S. Chapter 131E, which operate 26 nursing homes within the county. If the nursing home chief administrators and the governing 27 bodies of the hospitals licensed under Article 5 of G.S. Çhapter 131E, which operate nursing 28 homes fail to approve or reject the reappointment within 45 days of being requested by the 29 board of county commissioners, the commissioners. may reappoint the member if they sO (d) Any vacancy shall be filled by appointment of a person for a one-year term. Any 32 person replacing a member nominated by the chief administrators and the governing bodies of 33 the hospitals licensed under Article 5. ofG.S. Chapter 131E, which operate nursing homes or a 34 person appointed when the chief administrators. and the governing bodies of the hospitals 35 licensed under Article 5 ofG.S. Chapter 131E, which operate nursing homes failed to make a 36 nomination shall be selected from among persons nominated by the administrators and the 37 governing bodies of the hospitals licensed under Article 5 ofG.S. Chapter 131B, which operate 38 nursing homes, as provided in subsection (b). If the county commissioners fail to appoint 39 members to a committee, or fail to fill a vacancy, the appointment shall may-be made or 40 vacancy filled by the Office of the State Long-Term Care Ombudsman Seeretary-er-the 41 Sereiasys-desigreeno sooner than 45 days after the commissioners have been notified oft the 42 appointment or vacancy ifr nomination or approval of the nursing home administrators and the 43 governing bodies oft the hospitals licensed under Article 5 ofG.S. Chapter 131E, which operate 44 nursing homes is not required. If nominations or approval of the nursing home administrators 45 and the governing bodies oft the hospitals licensed under Article 5 ofG.S. Chapter 131E, which 46 operate nursing homes is required, the appointment shall may-be made or vacancy: filled by the 47 Office of the State Long-Term Care Ombudsman Sertay-erthe-Sereelatys-desghe-no 48 sooner than 45 days after the. commissioners have received the nomination or approval, or no 49 sooner than 45 days after the 45-day period for action by the nursing home administrators and 50 the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131E, which  30 choose. 31  51 operate nursing homes.  H248-PCS0357-SH-14, [v.9]  House Bill 248  Page 5    General Assembly OfNorth Carolina  Session 2017  1 2  (e) The committee shall elect from its members a chair, to serve a one-year term. (f) Each member must be a resident of the county which the committee serves. No 3 person or immediate family member of aj person with a: financial interest in al home served bya a 4 committee, or employee or governing board member or immediate family member of an 5 employee or governing board member of a home served by a committee, or immediate family 6 member of a patient in a home seryed by. a committee may be a member of a committee. 7 Membership on a, committee shall not be considered an office as defined in G.S. 128-1 or 8 G.S. 128-1.1. Any county commissioner who is appointed to the committee shall be deemed to 9 be serving on the çommittee in an ex officio capacity. Members of the committee. shall serve 10 without compensation, but may be reimbursed for the amount of actual expenses incurred by 11 them in thej performance of their duties. The names of the committee members and the date of 12. expiration of their terms shall be filed with the Office of the State Long-Term Care 13 Ombudsman, DavisienefAging-which shall supply a copy to the Division of Health Service (g) The Office of the State Long-Term Care Ombudsman Divisien-ef-Agins 16 PyammisfHa-smSemswaal develop training maieriakr-weshale 17. istibuted-te-eseh-eeh-commie-membet-amA-uiRg-eRme-rquirements for certification and 18 designation in accordance with 45 C.F.R. $ 132413)2)_Fach committee member must 19 receive certification training as specified by the State Long-Term Care Ombudsman Program 20 Policies and Procedures and be. designated as representatives of the State Long-Term Care 21 Ombudsman Program PAisienefAgimgpror to exercising any power under subsection (h) of 22 this séction. The State Long-Term Care Ombudsman Program Division-efAging Department 23 eFHell-amt-Human Serviees,-shall provide the committees with information, guidelines,  14 Regulation. 15  24 training, and consultation to direct thém in thej performance oftheir duties.  25 26 27 28 29 30 31 32 33 34 35. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50  (h) (1) Each committee shall apprise itself oft the general conditions under which the  persons are: residing in the homes, and shall work for the best interests ofthe persons in the homes. This may include assisting persons who have grievances with the home and facilitating the resolution of grievances at the (2) Each committee shall quarterly visit the nursing home it serves. For each official quarterly visit, a majority of the committee members. shall be present. In addition, each committee may visit the nursing home it serves whenever it deems it neçessary to carry. out its duties. In counties with four or more nursing homes, the subcommittee assigned to a home shall perform the' duties of the committee under this subdivision, and a majority of the (3) Each member of a committee shall have the right eve-0.P-AM-am 8:00-PM-to enter into the facility the committee serves in order to carry out the members' responsibilities. In a county where subcommittees have been established, this right of access shall be limited to homes served by those (4) The committee or subcommittee may communicate through its chair with the Department or any other agency: in relation to the interest of any patient. The identity of any complainant or resident involved in a complaint shall not be disclosed except as permitted under the Older Americans Act of 1965, as (5) Each home shall cooperate with the committee as it carries out its duties. (6) Before entering into any nursing home, the committee, subcommittee, or member shall identify itself to the person present at the facility, who is in  local level.  subcommittee members must be present for any visit.  subcommittees to which thei member has been appointed.  amended, 42 U.S.C. $ 3001 et seq.  charge oft the: facility at that time.  Page 6  House Bill 248  4-C0S/149,    General Assembly OfNorth Carolina  Session 2017  (1) Any written communication made by a member of a nursing home advisory 2 committee within the course and scope of the member's duties, as specified in G.S. 131E-128, 3 shall be privileged to. the extent provided in this subsection. All communication shall be 4 considered the property oft the Office of the State Long-Term Care Ombudsman and subject to 5 the Office's disclosuré policies. This privilege shall be a defense in a cause of action for libel if 6 the member. was. acting in good faith and the statements or communications do not amount to To the extent that any nursing home advisory committee or any member thereofi is covered 9 by liability. insurance, that committee or member shall be deemed to have waived the qualified 12 "S 143B-181.18. Office of State Long-Term Care Ombudsman Program/State  7: intentional wrongdoing..  8 11 13. 14. 15 16 17 18 19 20 21 22 23 24 25, 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51  10 immunity herein to the extent ofindemnification byi insurance."  SECTION2.) G.S. 143B-181.18 reads as rewritten: The State, Ombudsman shall perform the duties provided below:  Ombudsman duties.  (1) Promote community involvement with long-term care providers and residents ofl long-term care facilities and serve as liaison between residents, residents' families, facility personnel, and facility administration. (2) Superyise the State Long-Term Care Ombudsman Program pursuant to: rules adopted by the Secretary of the. Department of Health and Human Services (3) Certify. regional ombudsmen. Certification requirements shall include an internship, training in the aging. process, complaint resolution, long-term çare. issues, mediation techniques, recruitment and training of volunteers, and releyant federal, State, and local laws, policies, and standards. (3a) Designate certified Regional Ombudsmen asi representatiyes of the Office of the State Long-Term CareOmbudsman Office-as well as refuse, suspend, or remove designation as a representative ofthe Office ofthe State Long-Term Care Ombudsman in accordance with the Olliee-ef-the-State Long-Term (3b) Designate and refuse. suspend. or remove designation of volunteer representatives of the Office of the State Long-Term Care Ombudsman, including any community advisory committee appointees. in accordance with the State Long-Term Care Ombudsman Program Policies and (4) Attempt to resolve complaints made by or on behalf ofindividuals who are residents of long-term care facilities, which complaints relate to administrative action that may adversely affect the health, safety, or welfare  pursuant to G.S. 143B-10.  Care Ombudsman Program Policies and Procedures.  Procedures.  ofresidents.  (5) Provide training and technical assistance to regional ombudsmen. (6) Establish procedures for appropriate access by regional ombudsmen to long-term care: facilities and residents' files, records, and other information, including procedures toj protect the confidentiality of these files, records, and other information and to ensure that the identity of any complainant or resident will not be disclosed except as permitted under the Older Americans Act of 1965, as amended, 42 U.S.C. $ 3001 et seq. and regulations (7) Analyze data relating to complaints and conditions in long-term care facilities toi identify significant problems and recommend solutions. (8) Prepare an annual report containing data and findings regarding the types of problems experienced and complaints reported by residents as well as recommendations fori resolutions ofidentified long-term care issues.  promulgated thereunder.  HP4BPCS0/SH4D9  House Bill 248  Page 7    General Assembly Of North Carolina  Session 2017  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21  (9) Prepare findings regarding public education and community involvement efforts and innovative programs being provided in long-term care facilities. (10) Proyide information' to public agencies, and through the State Ombudsman, to legislators, and others regarding problems encountèred by residents or (11) Provide leadership for statewide systems advocacy efforts of the Office on behalfo ofl long-term care: residents, including independent determinations and positions that shall not be required to represent thè position of the State agency. or other agency within which. the Ombudsman Program is organizationally, located. Provide coordination of systems advocacy efforts. with representatives of the Office as outlined in Ombudsman Policies and (12) To the extent réquired. to meet the requirement of the Older Americans Act and regulations promulgated thereunder regarding allotments for Vulnerable Elder Rights Protection. Activities, the State Ombudsman and representatives of the Office are" excluded from any. State lobbying prohibitions under requirements to conduct systems advocacy on behalf of long-term care (13). Determine the use oft the fiscal resources as required by 42 U.S.C. $ 3001 et SEÇTION: 3. The Department of] Health and Human Services shall examine Public  providers as well as recommendations for résolution.  Procedures.  residents.  seq. and regulations promulgated thereunder."  22 Law 113-51, HIV Organ Policy Equity (HOPE) Act, and the Final Safeguards and Research 23 Criteria publiçation by. the U.S. Department of Health and Human Services and National 24 Institutes of Health to. determine public health safeguards, regulations, and statutory changes 25 neçessary. for consideration by the General Assembly. The Department shall submit a report of 26 findings and" recommendations, including any necessary statutory changes, to the Joint 27 Legislative Oversight Committee on Health' and Human Services on or before. January 1, 2018.  28  SECTION4. This acti is effective when it becomes law.  Page 8  House Bill 248  #2PC305/S#-4D9    DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF. AGING. AND. ADULT SERVICES OFFICE OF THE STATET LONG-TERM CAREOMBUDSMAN NOTIFICATION REQUESTING REMOVALOF COMMUNITY ADVISORY COMMITTEE MEMBER(S)  TO: Clerk/County Manager FROM: Volunteer: Date: Date of Appointment Reason for) Request  Regional Ombudsman, Region,  County Committee. Assighment: Adult Carel Home Nursing Home  Joint  Volunteers are a vital part oft the services that support older adults in your county. However, the volunteer  indicated aboye is not eligible for continued service: for the following reason:  Conflict ofInterest  1. G.S.131 B-128 (f) Nursing Home 2. G.S. 131D-31 (g) Adult Care Home 3. 45CFR $1324.21  Failure to attend required on-going training complete required orientation and training  1. G.S. 131E- 128 (g)) Nursing Home 2. G.S. 131D-31 (h) Adult Care Home  Dates offered:  Other (Non-attendance at quarterly meetings and facility visits) 2. As determined by the committee by-laws. 3. As determined by resignation of the member Term Care Ombudsman  1. As determined by theLong-Term Care Ombudsman Program Policies and 4. As determined by removal of designation by the Office oft the State Long-  Procedures  This is an official notification to thel Board of Commissioners to remove individual from service on the above-mentioned committee (HB 248, July 2017). Should you have any questions, please contact  Regional Ombudsman, XXX-XXX-XXXX. Thank you inz advance for your prompt attention to  this matter.  693 Taylor Drive, Raleigh, NC27608/gplicble adiress Phone: XXX-XXX-XXXX Fax: XXX-XXX-XXXXX  WWW.    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: October 10, 2017  DEPARTMENT/AGENCY: Finance/Solid Waste  SUBJECT MATTER: Resolution approving document changes to allow  use ofbond proceeds for landfill equipment COMMENTS/RECOMMENDATION:  Please see the attached resolution as well as the attached modification agreement. The Finance Director can provide additional information at the  meeting.  Attachments Agenda Item 11A  2 Yes  No    S*H draft of October 4  Resolution approving document changes to allow County to use bond  proceeds for landfill equipment  WHEREAS--  Macon County has previously issued its special obligation bonds to finance construction of a new landfill cell, and to pay related costs. The County has bond proceeds remaining after completing the planned work. Staff recommends that the County use those remaining proceeds to buy additional equipment for use in landfill operations. To allow' that use of the proceeds, the County must approve a change to  the bond documents.  THEREFORE, BE IT RESOLVED by the Board of Commissioners of Macon  County, North Carolina, as follows:  1. The Board approves the proposed modification in the use of bond  proceeds described to this meeting.  2. The Board approves the form of a Modification Agreement submitted tot this meeting that is designed to carry out the proposed change in the use of proceeds. The Board authorizes the Board's Chairman and the County Manager, or either of them, to execute and deliver the Agreement in its final form. The Agreement in its final form must be in substantially the form presented, with such changes as the Chairman or the County Manager may approve. The execution and delivery of any Agreement by an authorized County officer will be conclusive  evidence ofthat officer's approval of any changes.  3.  The Board directs all County officers and representatives to take all  such further action as they may consider appropriate to carry out the purposes of this resolution, including obtaining consent to the modification from the bondholder and the Local Government Commission. The Board ratifies all prior actions of County officers and employees in this regard. This resolution takes effect  immediately.    Icertify as follows: that the foregoing resolution was properly adopted at a meeting of the Board of Commissioners of Macon County, North Carolina; that the present and acting throughout the meeting; and that this resolution has not been  meeting was properly called and held on  2017; that a quorum was  modified or amended, and remains in full effect as of today.  Dated this. day of_  2017.  [SEAL]  Clerk, Board of Commissioners Macon County, North Carolina  2    S*HdraftofOctober. 4  MODIFICATION AGREEMENT  THIS MODIFICATION AGREEMENT is dated as of October 1, 2017, and is among Macon County, North Carolina (the County"), Entegra Bank (the "Bank"), and the North Carolina Local Government Commission, a division of the Department of  the North Carolina State Treasurer.  This Modification Agreement modifies and amends a Bond Purchase Agreement among the parties dated as of April 7, 2016 (the "Original Agreement'). Pursuant to the Original Agreement, the Bank purchased the County's Special Obligation Bond, Series 2016 (the "2016 Bond"), and the County used the bond proceeds to pay costs of constructing a landfill cell and related costs. The parties want to modify the Original Agreement to allow the County to use bond proceeds to  pay a wider variety of costs.  Now, for and in consideration of the premises, the parties agree as  follows:  1.  Notwithstanding any contrary provision of the Original Agreement or  the 2016 Bond, the definition of "Project Costs" in Exhibit B of the Original Agreement is amended by adding the following sentence to the end of the existing  definition:  In addition, "Project Costs" means all capital costs of acquiring and otherwise placing in service equipment that is used or to be used by the  County for collecting and disposing of solid waste.  2.  Except as provided by this Modification Agreement, the parties ratify,  approve and confirm the terms of the Original Agreement and the 2016 Bond.  3. This Modification Agreement may be executed in counterparts, including separate counterparts, butall together constitute a single agreement.  4. This Modification Agreement takes effectimmediately.  [The remainder oft this page has been left blank intentionally.)    MACON COUNTY, NORTH CAROLINA  By: Derek Roland County Manager  ENTEGRA BANK  By:.  Printed name:. Title:  NORTH CAROLINA LOCAL GOVERNMENT COMMISSION  By Greg C. Gaskins, Secretary  By:  [Greg C. Gaskins or Designated Assistant]  Modification Agreement dated as of October 1, 2017]    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: October 10, 2017  DEPARTMENT/AGENCY: Macon County Schools  SUBJECT MATTER:  South Macon Elementary  COMMENTS/RECOMMENDATION:  The County Manager and the commission's liaisons to the school system have some items for discussion regarding South Macon that they will share  at the meeting.  Attachments Agenda Item 11B  Yes XNo    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MIEETING DATE: October 10, 2017 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Consent Agenda  DEPARTMENT HEAD COMMENTSRECOMMENDATION: A. Minutes - Consideration of the minutes from the September 12, 2017 regular B. Finance - Consideration of budget amendments #56 through #62, per C. Tax releases - Consideration oft tax releases for September 2017 in the amount of D. Ad valorem tax collection report - No action is necessary. Attachment 12D. COUNTY MANAGER'S COMMENTSRECOMMENDATION:  meeting, per. Attachment 12A. Attachment 12B.  $3,022.93, per Attachment 12C.  Attachments X Yes Agenda Item 12 (A)(B) (C)and (D)  No    MACON COUNTY BOARD OF COMMISSIONERS  SEPTEMBER 12, 2017 MINUTES  Chairman Tate called the meeting to order at 6:04 p.m. and welcomed those in attendance. All Board Members, the County Manager, Deputy Clerk, Finance Director, County Attorney, members of the news media and interested citizens ANNOUNCEMENTS: Those in attendance watched a video from the North Carolina Association of County Commissioners (NCACC) that provided an update on recent NCACC activities. Chairman Tate noted that the Highlands area "took a pretty big hit" the night before from the remnants of Hurricane Irma. Emergency Services Director Warren Cabe and Solid Waste Director Chirs Stahl updated the board members on the status of recovery efforts and the opening of a temporary site for storm-related vegetative debris. Mr. Stahl also invited the board members to attend an upcoming meeting of the state's chapter of the Solid Waste Association of North America (SWANA) to be held in Raleigh. Commissioner Beale pointed out the Macon County Fair starts on MOMENT OF SILENCE: Chairman Tate asked those in attendance to observe PLEDGE TO THE FLAG: Led by Commissioner Shields, the pledge to the flag  were present.  September 13th. amoment of silence. was recited.  PUBLIC COMMENT PERIOD: No one signed up to speak.  ADDITIONS, ADJUSTMENTS TO AND APPROVAL OF THE AGENDA: Upon a motion by Commissioner Beale, seconded by Commissioner Gillespie, the board voted unanimously to make additions to and approve the agenda as To add discussion of appointments to the Community Funding Pool task force as the new Item 13(B) under Appointments, per Chairman Tate. To add consideration of a Satisfaction of Security Instrument as the new Item 11(E) under New Business, per the County Attorney.  adjusted, as follows:  Minutes 09.12.17 Page 1 of7    To remove Item 10(D) under Old Business, Southwestern Community College (SCC) Burn Building property appraisal," per the County To remove Budget Amendment #49 from the Consent Agenda (Item 12B) and to add it as the new item 10(B)(1) under Old Business, per the To add a report on the Tourism Development Committees and the chambers of commerce in both Franklin and Highlands as the new Item 9(A) under Reports and Presentations, per the County Manager. The County Attorney requésted a closed session under Item 14 in order To add a presentation by Sarah Thompson, Executive Director of the Southwestern Commission, as the new Item 9(B) under Reports and To add an update from a county delegation's recent trip to Nantahala as the new Item 9(C) under Reports and Presentations, per Commissioner  Manager.  County Manager.  top preserve the attorney/client privilege. Presentations, per the County Manager.  Higdon.  UPDATE ON TOURISM DEVELOPMENT COMMITTEES: The County Manager reported that he and the County Attorney had visited with representatives of the chambers of commerce of Franklin and Highlands and with members of the Tourism Development Committee (TDÇ) of each. He said those visits stemmed from questions that were being asked about the function of each one, and that he had asked the County Attorney to evaluate the governing documents of each, adding that the chamber and TDC representatives were asked to operate as close to those regulations and guidelines as possible. No action was taken. SOUTHWESTERN COMMISSION ANNUAL REPORT: Sarah Thompson, the executive director of the Southwestern Commission, also known as Region A, presented the 2016 annual report for the regional council of governments. She reviewed the agency's primary areas of work and the dues structure that supports the seven-county organization. She also talked about a regional broadband assessment, noting that broadband is "the infrastructure issue of  this era." No action was necessary. NANTAHALA FACILITIES:  Commissioner Higdon explained that he,  Commissioner Shields, the County Manager and Mr. Cabe recently spent time in Nantahala visiting the library, school, community building, recreation park and emergency services building. Improvements for these facilities were briefly discussed and Commissioner Higdon asked about including them in the upcoming Capital Improvement Plan (CIP), which in turn led to a discussion  about the CIP process. No action was taken.  Minutes 09.12.17 Page 2 of7    BOARD MEETING IN HIGHLANDS: The board members, County Manager and County Attorney briefly discussed the possibility of holding the board's BUDGET AMENDMENT #49/LANDSCAPING AT THE ROBERT C. CARPENTER COMMUNITY BUILDING: The County Manager began by explaining that he had asked to remove Budget Amendment #49 from the Consent Agenda. That amendment would appropriate $100,000 in revenue from a grant-in-aid from the Staté of North Carolina: and allocate it for the renovations to the Robert. C. Carpenter Community Building. The County Manager said this money came about through state Sen. Jim Davis of Franklin, and is to be used for "community purposes." The County Manager went on to explain that he initially thought the grant would be great for the Community Funding Pool. However, as he went deeper into the conditions of the contract for the grant, he realized that the task force for the funding pool was not a fiduciary body, meaning the county would have to administer each mini-grant" stemming from the $100,000. Also, any organization receiving the funding would have to be a 501(C)3, which he said would create some inequities as to which ones could be considered. With these factors in mind, he requested, if the board agreed, to use the money toward the renovations at the community building, since it is used by many residents for a wide variety of uses, and thus fulfills the community purpose intent of the grant. This led to discussion among the board members, which then turned toward landscaping for the community building. The County Manager said that the landscaping plan has been sent out to prospective bidders, and that those bids are due on September 20th. Following discussion about the completion of final punch lists for the building renovations, the board took two separate actions. Upon a motion by Commissioner Shields, seconded by Commissioner Beale, the board voted unanimously, to approve Budget Amendment #49 as presented, a copy of which is attached (Attachment 1 and is hereby made a part of these minutes. Secondly, upon a motion by Commissioner Beale, seconded by Commissioner Gillespie, the board voted unanimously to authorize the County Manager to enter into a landscape contract with the lowest responsible bidder once bids MACON/JACKSON COUNTY LINE ISSUE: Wes Hall, the county's Geographic Information System (GIS) analyst, gave the board members an update on the ongoing issue of "redrawing" portions of the county line between Macon and Jackson. This project is now in its fifth year and involves state officials as well. Mr. Hall provided the board with a number. of maps that show as many as three possibilities under consideration for some locations, and told them he would be preparing a map with a single county line in the near future. This led tod discussion and questions from the board members. Mr. Hall pointed out that the best way to accomplish this task would be through actual surveys, but  October regular meeting in Highlands. No action was taken.  are received.  Minutes 09.12.17 Page 3 of7    that is cost prohibitive. Chairman Tate said if both counties can agree on a new line, state officials will "rubber stamp it." He also noted that the issue primarily involves properties along ridgelines, some of which contain "very, very high dollar residences." He gave the example of Highlands Falls Country Club, half of which is in Macon and halfis in Jackson, but is only accessible from the Macon County side, and thus Macon provides county services such as emergency response, garbage collection and recreation for Jackson County residents. Other situations similar to this one also exist, and he said that once the new line can be determined, the two counties can begin talking about how those services provided by Macon are to be paid for, perhaps resulting in an interlocal agreement between the counties. No action was necessary. BROADBAND COMMITTEE: The board members discussed the possibility of having the county planning board review the county's telecommunication tower ordinance with an eye toward providing flexibility to expand broadband services. This included discussion of provisions in. Jackson County's ordinance. The County Attorney said it would be helpful for the planning board ifthe commissioners would "clearly define what you want them to do." The board members agreed to ask the planning board to assess the feasibility of revisions to the telecommunications ordinance to further the buildout of wireless internet capacity in the county, and suggested a joint meeting of the planning board, the broadband committee and the state consultant working with the broadband committee. Commissioner Shields made a motion to include the items outlined above, and to make this the planning board's priority. Commissioner Gillespie seconded the motion, and it passed MOBILITY MANAGER POSITION FOR TRANSIT: Transit Director Kim Angel joined the meeting by video/audio means to request approval of a new position for a mobility manager for her department. She explained that the county was awarded a $50,968 grant for the position, which requires a 10 percent county match of $5,098. However, the position will be shared with Swain County, which will reduce Macon's portion to $2,549. Ms. Angel told the board that money is already in her departmental budget. She said the job will be posted as a "grant funded position," and if the funding is not continued, the position will be eliminated. Following her explanation of why the position was needed, Commissioner Beale made a motion to approve the request as presented. It was seconded by Commissioner Shields, and the board unanimously approved. The Finance Director requested that a budget amendment in the amount of $50,958 be made a part of the motion, and the County Attorney noted that an interlocal agreement with Swain County regarding the shared position would  unanimously.  also be required.  Minutes 09.12.17 Page 4 of7    TRANSIT FACILITY EXPANSION: Ms. Angel told the board that she became aware of an opportunity to secure federal and/or state funding for the expansion of the Transit Services facility. The department no longer has a conterence/training room, as that space was converted to offices. She informed the board that she is seeking $183,500 for an addition that would replace the conterence/training room, plus add a possible second story for storage. Due to a quick turnaround time, the County Manager wrote a letter to state Public Transportation Division officials confirming that the county has the funds for the required 10 percent local match. A copy of that letter is attached (Attachment: 2) and is hereby made a part of these minutes. The local match of approximately $18,000 could come from the sale of surplus transit vehicles. Commissioner Beale asked Ms. Angel if she had any plans for the proposed addition, and she told him only some rough drawings and some cost estimates that were three to four years old. This was followed by discussion of whether this project would be part of the county's CIP. Commissioner Beale made a motion to authorize Chairman Tate to write a letter approving up to a 10 percent match - pending the Transit Department's ability to provide the matching funds. Commissioner Shields seconded the REVISED FIRE DISTRICT MAP FOR BURNINGTOWN-IOTLA FIRE AND RESCUE DEPARTMENT: Mr. Cabe requested approval of the revised fire district map for the Burningtown-lotla Fire and Rescue Department. He handed out copies of the map to the board members. With a new substation now open, he said the department meets all of the current stipulations, with the revised map moving 126 structures into a new insurance rating area of an 8B instead of a 9. Mr. Cabe noted that if the board approves the new map, it will be forwarded to the North Carolina Office of the State Fire Marshal to schedule their inspection and grant the départment final approval. Upon a motion by Commissioner Higdon, seconded by Commissioner Gillespie, the board voted unanimously to approve the revised fire district map as presented. ELECTING COUNTY STATUS FOR SOCIAL SERVICES: Director of Social Services Patrick Betancourt asked the board to vote to continue to have Macon as one of seven counties statewide with the designation of "electing status" for the Work First Program. He said that the county has held this designation since 1998, and it gives the department additional latitude, including the ability to reinvest unspent funds in child protective services. Following additional details from Mr. Betancourt, Commissioner Beale gave a brief history of the program and made a motion to remain an electing county. Commissioner Gillespie seconded the motion, and the board voted  motion, and it was unanimously approved.  unanimousy to approve the motion.  Minutes 09.12.17 Page 5 of7    CONSTITUTION WEEK PROCLAMATION: Following a brief explanation by the County Manager, and upon a motion by Commissioner Shields, seconded by Commissioner Gillespie, the board voted unanimously to proclaim the. week of September 17 through 23 as "Constitution Week." A copy of the proclamation is attached (Attachment: 3) and is hereby made a part of these SATISFACTION OF SECURITY INSTRUMENT: Following brief comments from the County Attorney and upon the recommendation of Housing Director John Fay, upon a motion by Commissioner Beale, seconded by Commissioner Gillespie, the board voted unanimously to approve a Satisfaction of Security Instrument for Wylene Wall, a copy of which is attached (Attachment 4) and is CONSENT AGENDA: Upon a motion by Commissioner Higdon, seconded by Commissioner Beale, the board voted unanimously to approve the items on the consent agenda as follows: the minutes of the August 8, 2017 regular meeting; the following budget amendments: #38 for the Health Department to roll $13,843 in unexpended Cost Settlement Money to the current fiscal year; #39 for the Health Department to carry forward $1,606 in unexpended money (donations for Animal Control) to the current fiscal year; #40 for the Health Department to roll $535 in unexpended Tobacco Grant money to the current fiscal year; #41 for the Health Department to roll $2,978 in unexpended grant revenue to the current fiscal year; #42 for the Health Department to roll $837 in unexpended Minority Diabetes Prevention Grant money to the current fiscal year; #43 for the Sheriff's Department to appropriate $1,067 from fund balance left from an anonymous donation; #44 for Soil Conservation to appropriate $136,746 for a Natural Resources Conservation Service Environmental Quality Incentives Program grant; #45 for the Health Department to reverse Budget Amendment #25 and to carry forward $5,283 in Zonta money already included in the original budget; #46 for the Health Department to roll $508 in unexpended School Health-Sharing Center contribution funds to the current fiscal year; #47 for the Department of Social Services to allocate a total of $183,176 in additional TANF and TEA Foster Care funds; and #48 for Emergency Services to allocate $3,840 in insurance proceeds to cover the replacement of a garage door. (Copies of the amendments are attached); tax releases for the month of August in the amount of $11,813.01. (Copies of the releases are on file in the Deputy Clerk's office.) the write-off of taxes 10 years old or older in the amount of $82,182.71 (letter from Tax Collections Supervisor attached.) monthly ad valorem tax collections report (no action APPOINTMENTS: (1) Board of Health: Upon a motion by Commissioner Gillespie, seconded by Commissioner Shields, the board voted unanimously to  minutes.  hereby made a part of these minutes.  necessary).  Minutes 09.12.17 Page 6 of7    appoint Dr. Julie Farrow, a physician from Highlands, to the licensed physician slot on the Board of Health and to appoint Mitchell Bishop, an engineer with the North Carolina Department of Transportation, to the licensed professional engineer slot on the board. Terms of appointment are for three years each. (2) Community Funding Pool: The board members and staff held a lengthy discussion regarding the current status of the Community Funding Pool task force. During this time, the County Manager reviewed the membership makeup of the 12-member task force that was originally created in 2000, with two-thirds of those members to represent non-profit organizations. Following CLOSED SESSION: At the request of the County Attorney, and upon a motion by Commissioner Beale, seconded by Commissioner Shields, the board voted unanimously to go into closed sèssion at 8:34 p.m. in order to preserve the attorney/chent privilege. Upon a motion by Commission Gillespie, seconded by Commissioner Shields, the board voted unanimously to come out of closed session and return to open session at 8:58 p.m. No action was taken. ADJOURN: With no other business, and at 8:58 p.m., upon a motion by Commissioner Shields, seconded by Commissioner Gillespie, the board voted  further discussion, no formal action was taken.  unanimously to adjourn.  Derek Roland  Jim Tate Board Chairman  Ex Officio Clerk to the Board  Minutes 09.12.17 Page 7 of7    MACON COUNTY BUDGET AMENDMENT  AMENDMENTE DEPARTMENT: HEALTH EXPLANATION:  54  Additional monies. received from the State. Need. to increase total  Budget from $82,705 to $120,205 in expenditures and revenue,  ACCOUNT 115125-555106 115125-556011 115125-558901 113511-426001  DESCRIPTION Contracted Services Operating Travel  INCREASE  DEGREASE  12,768 19,732 5,000 37,500  Tobacco Settlement  REQUESTED BY DEPARIMENTHEAD RECOMMENDED BY EINANCEOFFICER APPROVED BY COUNTY MANAGER ACTION BY BOARDOF COMMISSIONERS APPROVED AND ENTEREDC ON MINUTESI DATED  bndll  CLERK    MACONG COUNTX. BUDGET AMENDMENT  AMENDMENTE FROM: Robert L Holland. DEPARTMENT: ACCOUNT 11-3839-4850-00 11-4310-5565-03  51 Sheriff DESCRIPTION Insurance Settlement Vehicle Repairs.  EXPLANATION: Forcrown vic struck by falling limb  INCREASE $2,843 $2,843  DECREASE  REQUESTED: BY DEPARIMENTHEAD, RECOMMENDED BY FINANCEOFFICER APPROVED: BY COUNTY MANAGER ACTION BY BOARD OF COMMISSIONERS APPROVED AND ENTERED ON MINUTES DATED.  Be  CLERK    MACON COUNTY BUDGET: AMENDMENT  Date:  9/26/2017  AMENDMENTL DEPARTMENT: HEALTH  58  EXPLANATIONS Macon County Humane Society prépaid for 3 doses of Rabies vaccines: This expense and3 revenue is  not something that wei budget.for. Weneed toi increasé the Revenue and Expensè lines.  ACCOUNT 113511-437204 115145-565002  DESCRIPTION Foreign Travel/ Other Vaccines Disease Control- Foreign Travel/Other Vac  INCREASE $ $  DECREASE  867.00 867.00  REQUESTEDBY) DEPARTMENTHEAD RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNTY MANAGER ACTIONI BY BOARDOF COMMISSIONERS APPROVEDAND: ENTERED ONMNUTESDATED  Ae  CLERK    MACON COUNTY BUDGET AMENDMENT  September 18, 2017  AMENDMENT: # FROM: FINANCE DEPARTMENT: EXPLANATION: 11-3584-4440-08 11-3584-4399-04 11-3584-4395-05 11-5831-5500-02 11-5831-5502-01 11-5831-5592-02 11-5831-5684-02  SOCIAL SERVICES Additional HCCBG allocation DESCRIPTION INFO. ASSISTANCE SR CENTER OUTREACH GENERAL PURPOSE ADMIN PT SALARY ADMIN FICA TELEPHONE GENERALPURPOSE  INCREASE $16,679 1,853 1,139 17,215 1,317 1,518  DECREASE  379  N Honall  REQUESTED BY DEPARTMENTHEAD. RECOMMENDED FINANCE OFFICER APPROVEDI BYC COUNTYMANAGER ACTIONI BY BOARDOF COMMISSIONERS APPROVED AND ENTERED ONMINUTES DATED.  BY  D  CLERK    MACON COUNTY BUDGET, AMENDMENT  Date:  9/14/2017  AMENDMENT # DEPARTMENT: HEALTH  60  EXPLANATION: New AA Revisions for Healthy Communities Rev, #1 additional $3810 for) Healthy Communities.  Rév. #2 additional $4000 for School Nurses- Asthma Intervention:  Wealsoreceived: more money: than we budgeted for Prescription Drug Overdose. Program,  ACCOUNT 115146-555106 115146-565016 113511-438504  DESCRIPTION  INCREASE $ 4,000.00 $ 3,810.00 $ 11,310.00  DECREASE  115120- 565017 School Health- In Home Asthma Intervention  Healthy Communities- Contracted Services  Healthy Communities- Prescription Drug Overdose $ 3,500.00  Health. Promotion  REQUESTED BY DEPARTMENT HEAD: RECOMMENDED: BYI FINANCE OFFICER APPROVED: BY COUNTYI MANAGER. ACTIONBYBOARD: OF COMMISSIONERS APPROVEDAND ENTEREDONMINUITES DATED  L  CLERK  : :    MACON COUNTY BUDGET AMENDMENT  September 13, 2017  AMENDMENT; #. FROM: FINANCE DEPARTMENT: EXPLANATION: 11-3584-4389-22 11-5831-5675-26  6  SOCIAL SERVICES Additional allocation DESCRIPTION SHIPP: REVENUE SHIPP  INCREASE $279 $279  DECREASE  REQUESTED BY DEPARTMENT HEAD RECOMMENDED BY FINANCE OFFICER APPROVED: BY COUNTY MANAGER ACTION BY BOARD OF COMMISSIONERS APPROVED AND ENTEREDONMINUTES DATED  inkball  CLERK    MAÇON COUNTY BUDSETAMENPMENT AMENDMENT# DEPARTMENT EXPLANATION. ACCOUNT  2 11-4370 DONATION-HAWKINS DESCRIPTION.  INCREASE DECREASE $ 1,000.00 $ 1,000.00  113850 445807/DONATONSEMS 114370 57505JDONATONS/GIFS  REQUESTED'BY DEPARTMENT HEAD RECOMMENDED! BYF FINANCE) OFFICER BY COUNTY MANAGER ACTIONT BY BOARD OF COMMISSIONERS APPROVED & ENTERED ON MINUTES DATED  APPROVED! CLERK:  BhE    STATE  Macon County Tax Office 5West Main Street. Franklin, NC 28734  Phone: (828)349-2149 Fax: (828) 349-2564 imctpwall@macomacort  TO: FROM: DATE: RE:  MACON COUNTY COMMISSIONERS Macon County Tax Office Teresà McDowell, Tax Collections' Supervisor October 3, 2017 Releases  Attachèd please find thè report of releases for real estate that require your approval in order to continue with the process of releasing these amounts from the tax accounts. Please feel freè to contact mei ify you should have any questions regarding these) releases. The report ofthe releases formatted in.  alphabetical order is attached.  AMOUNT OFF RELEASES FOR September, 2017: $3022.93    &. %  &  888 o  60 o.  o  o  6f 00 d0 888 8 88 e 888 o o  600  o o o d o : 153  9W   5 INIDE  : 8B  a  6 A  : i...i..            MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: October 10, 2017  DEPARTMENT/AGENCY: Governing Board SUBJECT: MATTER: Appointments COMMENISRECOMMENDATION:  (A) Community Funding Pool - The County Manager will have an  update at the meeting.  (B)Economic Development Commission (EDC)-  (1)Town of Franklin: - Please see the attached letter from Franklin Town Manager Summer Woodard regarding the town council's (2)Highlands Area Chamber of Commerce = Please see the attached letter from David Bock, Chairman of the Board, which nominates Bill Futral to serve another term as the chamber's representative. (3)Franklin Area Chamber of Commerce - Please see the attached e- mail from Linda Harbuck, Executive Director, regarding the  vote to reappoint Barbara McRae.  chamber board's vote to appoint Jim Breedlove All terms of appointment will be for three years.  Attachments 3 Yes Agenda Item 13(A) and (B)  No    TOWN OF FRANKLIN  Post Office Box 1479 Franklin, North Carolina 28744 (828)524-2516  Frankin  September 25, 2017 Tommy. Jenkins Macon County Economic Development Director 5West Main Street Franklin, North Carolina 28734  Mr.Jenkins,  The Town Council voted on Monday September: 18, 20171 to re-appoint Town Council member Barbara lfyou have any questions or need additional information please feel free to contact me at 828-524-2516  McRae to the Economic Development Commission.  ext 305. Sincerely, Summer Woodard Town Manager  Sumux hbahrck    HICHLA-NDS S NORTH CAROLINA  September 28, 2017  Macon County Economic Development Commission Attn: Tommy. Jenkins, Executive Director  5West Main Street Franklin, NÇ 28734 Dear Tommy;  The Highlands Area Chamber of Commerce proudly riominates Bill Futral to serve anotherterm as its representative on1 thé Macon County EDC. Please submit Mr. Futral's name to the Macon  County Commissioners for appointment to the EDC.  Respectfully,  ppk David Bock Chairman of the Board  HIGHLANDS CHAMBER OF COMMERCE POSTOFFICEBOXA HICHIANDSNC2S/A1 TELI828.52A-SS-I FAX(829526-5s03 EMAIL. daekhmhon,  HIGHLANDS VISITOR CENTER POSTOPFICEBON. 104 HIGIILANDS., NC 387-1 TEL.82S526-2112 FAX2S,53A-sSU EMAIL. évichgAamlhamhwrag,  ELEVATION 4118 FEET wwhglamnéslambwrorg    Tommy Jenkins From: Sent: To: Cc: Subject: Importance:  Linda Harbuck <lndah@'rankin-chamber.om> Wednesday, October 4, 201710:54AM Franklin Chamber EDC appointment  Tommy. Jenkins Jim Breedlove High  Good morning Tommy, County EDC: Jim Breedlove 380 Country' Walk Drive Franklin, NC 28734 (828)371-1582 or (828)524-1601 im_Bredove@uchicom  Per our recent conversation the Franklin Chamber Board voted to appoint thei following representative to the Macon  Ify you need any further information, please let me know. Is thata2o or 3 year term? Sorry, am dealing with to many committees right now andi they alll have different terms soj just need to confirm this one with you and let Jim know.  Thank you for the opportunity to have representation on the Macon County EDC.  Kind regards, Linda H.  Linda. Harbuck, Executive Director Franklin Area Chamber of Commerce 425 Porter Street Franklin, North Carolina 28734 (828)524-3161 mcanelmaincamhron