Wlacon County  ON COU  MACON COUNTY BOARD OF COMMISSIONERS  DECEMBER 13, 2016 AGENDA  1. Call to order and welcome by Chairman Tate  2. Announcements 3. Moment of Silence 4. Pledge of Allegiance; 5. Public Hearing(s) - None 6. Public Comment Period 7. Additions to; àgenda  A. December 2016. NCACC County Video Update  8. Adjustments to and approval of the agenida A. Presentation of painting - Lesa Postell  9. Reports/Presentations  B. Request for mid-budget cycle amendment to the 2016-2017. Macon County/NC Forest Service agreement - District Forester C. Update on 2016; election process - Board of Elections Director  Tim Howell Debbie George  D. Presentation regarding broadband - Tim Will  10,Old Business  A. Update on agreement with East Coast Risk Management B. Update on SCC Burn Building County Manager C. Update on Carpenter Community Facilities Building renovations  County Manager - County Manager  11.New Business  A. Tax Department - Tax Administrator Richard Lightner  (1) Settlement on Watauga Vista sale  MACON COUNTY COURTHOUSE/ ANNEX PHONE 828-349-2000  5WEST MAIN STREET  FRANKLIN,  NORTH FAX:828-349-2400 CAROLINA28734    (2) Pictometry for new aerial flight for 2017  (3) Property Tax Commission settlement from the revaluation B. Business Development Center Lease with Major Display, Inc. = Economic Development Director Tommy Jenkins and the C. Consideration of interlocal agreement adding parties to SoNCVet project-- Transit Director Kim Angel and the County D. Discussion of liaison committees and appointments - Chairman E. Board of Education liaison report from December 7, 2016 F. Discussion of agenda formation for the board of commissioners  County Attorney Attorney Tate  County Manager Commissioner Higdon  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 November 15, 2016 continued session and the  Commissioners.  December 5, 2016 continued session B. Budget Amendments #80-85 C.T Tax Releases - None for November 2016 D. Ad valorem tax collection report (no action necessary)  13.Appointments  A. Planning Board (one seat)  14.Closed session per NCGS 143-318.11(a)5) to discuss potential  property acquisition - County Manager  15.Adjourn/Recess    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: December 13, 2016 DEPARTMENT/AGENCY:  SUBJECT MATTER: Presentation of painting COMMENTS/RECOMMENDATION:  In an e-mail request, Lesa Postell has asked for time on the agenda as follows: "Our family desires to show our appreciation to all local fire fighters during this time of wildfires. At the board meeting we would like to present a painting my mother completed to the Macon County Commissioners to show our gratitude to our fire fighters and to give hope to our community in the aftermath of the destruction of our beautiful  mountains."  Attachments Agenda Item 9A  Yes XNo    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: December 13, 2016  DEPARTMENT/AGENCY: NC Forest Service SUBJECT! MATTER: Mid budget cycle amendment  COMMENTS/RECOMMENDATION:  Tim Howell, the District Forester for District 9 oft the North Carolina Forest Service, has requested time on the agenda in reference to the Forest Service seeking approval ofar mid-budget cycle amendment to the 2016-2017 Macon County-NC Forest Service budget agreement. He and Macon County Assistant Ranger Benjamin Keener will present additional information at the  meeting.  Attachments Agenda Item 9B  Yes XNo    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: December 13, 2016  DEPARTMENT/AGENCY: Board of Elections SUBJECTMATTER: Update on 2016 election COMMENTSRECOMMENDATION:  At the request of Commissioner Higdon, Board of] Elections Director Debbie  George will present an update on the 2016e election process.  Attachments Agenda Item 9C  Yes X No    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: December 13, 2016 DEPARTMENT/AGENCY:  SUBJECTI MATTER: Broadband service COMMENIS/RECOMMENDATION:  Per Commissioner Shields, Tim Will will be at the meeting to speak to  broadband service in the county.  Attachments Agenda Item 9D  Yes X No    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: December 13, 2016  DEPARIMENT/AGENCY: Administration/Human Resources  SUBJECT MATTER: Management  Update on agreement with East Coast Risk  COMMENTS/RECOMMENDATION:  As a follow up to the board's action at the November 15, 2016 continued session, the County Manager will have an update on the proposed agreement with East Coast Risk Management to provide consultation services to the county - specifically as it relates to charges for additional on-site visits and  travel. He will provide more details at the meeting.  Attachments Agenda Item 10A  Yes XNo    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: December 13, 2016  DEPARTMENT/AGENCY: Southwestern Community College SUBJECT MATTER: Update on burn building project  COMMENTS/RECOMMENDATION:  The County Manager will provide the board with an update on the latest developments regarding replacement of the burn building at SCC's Public  Safety Training Center.  Attachments Agenda Item 10B  Yes X No    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: December 13, 2016  DEPARTMENT/AGENCY: Parks and Recreation  SUBJECT MATTER: Building renovations  Update on Carpenter Community Facilities  COMMENISRECOMMENDATION:  The County Manager will provide an update on the project relative to  revisions in the contract with Ritter Architecture.  Attachments Agenda Item 10C  Yes XNo    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: December 13, 2016 DEPARTMENT/AGENCY: Tax SUBJECT MATTER: Multiple Items COMMENTS/RECOMMENDATION:  Tax Administrator Richard Lightner is seeking board approval for the  following items:  (1) Settlement on Watauga Vista sale - Please see the attached memo from Jeffrey Goss ofRidenour & Goss, PA: regarding requested action on seven tracts ofland in Watauga Vista owned by the county. (2) Pictometry for new aerial flight for 2017 - Please see the attached memo regarding approval of a pictometry project for flights in 2017 and 2021 with the cost to be spread over six budget cycles, plus (3)Property Tax Commission settlement from the revaluation = Mr. Lightner can provide additional details on the settlement to Robert  funding for some initial flights early next year. Riechmann in the amount of$114.44.  Attachments 3 Yes Agenda Item 11A(1), (2) and (3)  No    From: Jeffrey Goss maitosjeff@sylvalawyers.com) Sent: Monday, August2 22,201612:59PM Subject: Watauga Vista - Sales to Macon County  Richard--  As you know, the County was the high bidder at 91 taxi foreclosure sales within the Watauga Vista subdivision. At each sale, the County's opening bid was equal to the approximate amount oft the delinquent taxes, costs, and attorney's fees and no upset bids were received. As such, the County is the We are looking at a possible assignment of the County's bid int two oft those sales. For the remaining seven: sales, in order to record the Commissioner's Deeds, Ineed the County to cut a check for the purchase monies in the amounts listed below. Upon receipt, we will route thet funds through our trust account and cut a check to the Register of Deeds to cover the recording fees on each account, then cuta a check back tot the County for payment oft thet taxes and attorney's fees. We can do all seven at once, or piece-meal itifnecessary depending on the County's budgetary constraints. Either way, it is all coming  owner ofthe lands soid at these sales.  back to the County (less the $26.00recording fee on each).  Tract A 7517-50-9466 $1,207.08 Tract H 7517-52-0581 $1,307.34 TractI 7517-42-9519 $1,224.38 Tract L 7517-37-3245 $1,533.73 Tract P 7517-64-1495 $1,251.94 Tract Q7517-42-9765 $1,533.73 Tract S 7517-32-3655 $1,418.07  Please ask Finance to cut the checks payable to "Ridenour & Goss, PATrust Account." These monies should not be lumped togetherwith our general monthly invoice as these funds need to be kept  separate. Thanks, Jeffrey Goss RIDENOUR & GOSS, PA 21 Colonial Square PO Box 965  Let me know ify youl have any questions.  Sylva, North Carolina 28779    PICTOMETRY  THE NEED FOR QUADRENNIAL REFLIGHTS  The last time that Macon County had Pictometry. Aerials flown was 2010, and the county's 911 fund paid for the flight. The new restriction upon those funds eliminates that as a source of Although, emergency agencies are one oft the largest users of the Pictometry oblique imagery, tax offices are: now using the assessment tool of the program to help in reviewing improved North Carolina Department of Revenue's Local Government Division is going forward in establishing stricter guidelines for the process of completing reassessments and thet tools needed to accomplish the task. In doing so, they are adopting the IAAO: Standers on Mass This change along with others will make the counties more accountable for the work they do in establishing tax assessments and defending their values. Pre-approved reassessment plans, funds, and personnel will be under the direction of the Local Government Division. This is a The only way to carry out such a large labori intense project is to either hire more appraisers and clerical personnel, or to improve the counties software capabilities, its GIS, and it's imagery orthos. The logical selection would be toi improve our capabilities before we hire more. staff. Ifthe county hires more people the legacy cost will continue toi increase and all work done will have a very limited user base and application use. On the other hand, Pictometry improvements will be available to all emergency agençies at fixed locations andi in mobile units. This would aid in all areas of public service fori the entire time frame between reassessments and re-flights. This advantage alone allows public safety to benefit daily form a larger one time project. Thus, the need for additional personnel will be postponed until some future date. We are asking the Board of Commissioners to approve the Pictometry Project for flights in 2017 and 2021 with the cost being budgeted through six budget cycles, commencing in. July 2017. Also, we would liket the Board to grant the $8,131 initial fee out oft the contingency fund fort this fiscal year in order to have the first flight flown in. January/February 2017 flight schedule.  funding presently and going forward into the future.  properties during revaluations and audits.  Appraisal of Real Property.  result oft the contentious reassessments that have occurred in the past.    .9.9.9.9.9.919.,919 6  88 0o   6 6 $ 6 6  w,  0100000)99199919010)9  88888888888888888 09o ooo o o o 0 oo o o o0lo0l00o    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: December 13, 2016  DEPARTMENT/AGENCY: Economic Development SUBJECT MATTER: Business Development Center lease  COMMENIS/RECOMMENDATION:  Economic Development Director Tommy Jenkins and the County Attorney will present a proposed resolution to lease space in the county's Business Development Center to Major Display, Inc., a designer, manufacturer and seller of electronic scoreboards. Per Mr. Jenkins, the firm has recently leased 15,000 square feet in the new TekTone building, but is in need of additional office space in the county's center. In addition, the Economic Development Commission (EDC) has agreed to lease Unit E: at a rate $3 per square foot, or $288 per month. However, it is my understanding that the starting date will be January 1, 2017: instead ofDecember 1, 2016.  Attachments Agenda Item 11B  2 Yes  No    STATE OF NORTH CAROLINA COUNTY OF MACON  RESOLUTION OF THE MACON COUNTY BOARD OF COUNTY COMMISSIONERS DECLARING PROPERTY TO BE SURPLUS AND APPROVING A ONE YEAR LEASE OF THE SAME BY MACON COUNTY TO: MAJOR DISPLAY, INC., A. NORTH THAT WHEREAS, Macon County owns certain real property being described in the Lease tol Major Display, Inc., al North Carolina Business Corporation, a copy ofwhich is attached hereto;  CAROLINA BUSINESS CORPORATION.  and  WHEREAS, Macon County does not presently have a use: for the same; and  WHEREAS, Macon County desires to declare the same tol bes surplus and authorize the entry of the Lease to Major Display, Inc., a North Carolina Business Corporation, a copy of which is  attached hereto, for the period of one year from December 1,2016; and  WHEREAS, pursuant tol N.C. Gen. Stat. $ 160A-272, Macon Countyis authorized to enter into the Lease to Major Display, Inc., a North Carolina Business Corporation, a copy of which is  attached hereto, upon the passing ofa Resolution authorizing the same. NOW THEREFORE, upon Motion of Commissioner  seconded by Commissioner  and duly approved, be it  hereby resolved by the Macon County Board of County Commissioners as follows:  RESOLVED, that Macon County will not have ai need: for the real property described in the Lease to. Major Display, Inc., a North Carolina Business Corporation, a copy ofv which is attached hereto and incorporated herein by reference: for and during the term ofs such lease and does hereby  declare the same to be surplus property; and  RESOLVED, that Macon County does hereby authorize the entry into the Lease tol Major Display, Inc., a North Carolina Business Corporation, a copy of which is attached hereto and incorporated herein by reference, for the period of one year from December 1, 2016, through  November 30, 2017; and  RESOLVED, that Derek. Roland, Macon Countyl Manager,ish herbyautovfiadanddiaed to: fill in any blanks upon the same and execute said Lease to Major Display, Inc., al North Carolina  Business Corporation, on behalfofMacon County.  Adopted at the December 13, 2016, Regular Meeting of the Macon County Board of  1    Commissioners.  James Tate, Chairman, Macon County Board of  County Commissioners  ATTEST:  Derek Roland, Macon County Manager and Clerk to the Board (Official Seal)  2    NORTH CAROLINA MACON COUNTY  LEASE' TO MAJOR DISPLAY, INC., ANORTH CAROLINA BUSINESS CORPORATION, FROM MACON COUNTY  This lease is made this 1* day of December, 2016, by and' between MACONO COUNTY,a body corporate and politic organized and existing under the laws of the State of North Carolina, hereinafter called the "Lessor," and Major Display, Inc., a North Carolina Business Corporation,  hereinafter called the "Tenant."  WITNESSETH:  That, subject to the terms and conditions hereinafter set forth, the Landlord does hereby demise and let and the Tenant does hereby rent and hire from the Landlord, those certain premises (hereinafter referred to as the "Premises") located at the Macon County Business Development Center and more particularly described on Exhibit A attached hereto and (1) Premises. Lessor leases unto the Tenant, and the Tenant accepts upon the full terms and conditions of this lease, that certain space located in the Macon County Business Development Center at the Macon County Industrial Park near Franklin, NC, as specifically shown on the drawing of the floor plan of the Business Development Center which is attached hereto as Exhibit A and incorporated herein by reference. The space designated on the drawing attached hereto as Exhibit A in the color yellow is leased unto the Tenant for Tenant's exclusive use. The spaces outlined in blue and designated on the drawing as the Men's and Women's Restrooms, Lounge, Janitor's Closet, Corridors, Loading Dock, Halls and Waiting Room may be used by Tenant for Tenant's non-exclusive use in common with any other tenants in the Development Center and Lessor, together with such portion of the premises as is reasonably necessary for (2) Term. This lease shall commence December 1, 2016, and shall continue for a term expiring November 30, 2017. HOWEVER, NOTWITHSTANDING ANYTHING TO - THE CONTRARY CONTAINED HEREIN, EITHER PARTY HERETO MAY END THE TERM OF THIS LEASE EARLY UPON THIRTY DAYS WRITTEN NOTICE TO THE OTHER PRIOR TO THE FIRST DAY OF4 A MONTH DURING THE TERM OF THIS LEASE. (3) Rent. The Macon County Business Development Center is owned by Macon County as a small business incubator to promote economic development and the growth of jobs in Macon County. The lease oft the premises to' Tenant is ini furtherance oft that policy. The monthly rent for the aforementioned space is $228.00 per month. Rent is due and payable on the first day of each  incorporated herein.  access, parking and use of the leased premises.  1    month in advance.  (4) Use of Premises. The leased premises shall only be used by Tenant for a business that (5). No Assignment. This lease shall not be assigned by Tenant nor shall Tenant sublet the leased (6) Tenant's Responsibilities for Repairs. Tenant agrees to accept the premises in their present condition and to maintain the interior components of the portion oft the premises leased to' Tenant in a good state of repair during the term of this lease. Interior components shall include the floors, walls, ceilings, electrical components, lighting fixtures, plumbing and plumbing fixtures. Tenant shall be responsible for interior repairs in the portions of the premises leased to it exclusively and in common with other tenants. If other space in the Center is leased to existing or additional tenants, the tenants shall establish a procedure by which all tenants using the common area shall share in the cost of such maintenance. At termination, Tenant shall surrender the premises to the Lessor in as good condition as they now are, except for ordinary wear and (7)Lessor's Responsibilities for Repairs. Lessor shall make all necessary: repairs to the exterior of the premises, including the parking and driveway areas, exterior walls, windows and roof. In the event the premises or any part thereof are substantially damaged by fire or other casualty to the extent that necessary repairs will exceed twenty percent oft the value of the building, the parties agree that Lessor shall have no obligation to make the repairs and Lessor may elèct to either 8Maintenance. Tenant shall be solely responsible for all routine and recurring maintenance, including cleaning, trash removal and painting oft the interior portion of the premises leased to it exclusively and the portion of the premises leased to is as common area with other tenants. If other space is leased to existing or additional tenants, the tenants. shall establish a procedure by which all tenants using the common area shall share in the cost of such maintenance. Lessor shall continue to maintain the exterior premises including the parking areas, driveways and (9)Abatement of Nuisances and Appearance. Tenant shall comply with all laws, rules and regulations of any governmental jurisdiction applicable to the leased premises and shall take all measures necessary to prevent or abate nuisances or other grievances arising out of the manner of the occupancy of the premises for its business purposes. Tenant shall further maintain the appearance of the premises in manner that is aesthetically pleasing and consistent with other business users in the neighborhood and shall not accumulate trash or debris nor display (10)Utilities. Lessee shall be responsible for furnishing its utilities for Unit A shown on Exhibit Aa attached hereto. Lessor will provide utilities for the balance ofthel leased premises.  manufactures and sells scoreboards and other signage for recreation parks.  premises or any portion thereof.  teari incident to the use of thej premises.  make the necessary: repairs or to terminate the lease.  andscapingmowing:  merchandise on the premises.  2    (11)Alterations. Tenant shall not make any alterations, additions or improvements to the premises without first obtaining written permission from the Lessor and any such alterations, additions or improvements which are permitted shall inure to the benefit of the Lessor upon 12/mdemmprcation Tenant shall indemnify Lessor and hold it harmless from and against any and all claims, actions, damages, liability and expense in connection with the loss of life, personal injury or damage to property occurring in or about, or arising out of, the leased premises, or occasioned wholly ori in part by any act or omission ofTenant, its agents, licensees, concessionaires, customers or employees. In the event Lessor shall be made a party to any litigation, commenced by or against Tenant, its agents, licensees, concessionaires, customers or employees, then Tenant shall protect and hold Lessor harmless and shall pay all costs, expenses and: reasonable attorneys' fees included or paid byl Lessor in connection with such litigation. 13)Environmenta Matters. With respect to any pollutants, contaminants, chemicals, or industrial, toxic or hazardous substance or material defined as such in, or for purposes of, all applicable environmental laws, rules, regulations and ordinances now or hereafter. in effect ("Environmental Laws"), including without limitation, any waste constituents coming within the definition or list of hazardous substances in 40 C.F.R. $S 261.1 through 261.33 ("Hazardous Material"), the Tenant represents, warrants and covenants that it will indemnify and hold Lessor harmless from and against any and all losses, liabilities, damages, injuries, interest, deficiencies, fines, penalties, costs, expenses, attorneys' fees, disbursements, and costs of investigation and clean-up, including without limitation, claims, suits, and proceedings by federal, state, or local government authorities with respect to, or as a direct or indirect result of (i) the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission, discharging or releasing from, the property of any Hazardous Material, if such occurs during the term of the lease, (ii) any other environmental pollution, including without limitation, any contaminant, waste, irritant or pollutant, discharged into or otherwise contained in the environment at or adjacent to the property if such occurs during the term oft the lease, (ii) non-compliance relating to the Tenant's business or the property with any Environmental Law or any other federal, state or local statute, law, ordinance, rule, regulation, order or decree, or (iv) the inaccuracy, misrepresentation or violation or default of or under any matter set forth in this section unless any such loss, liability, damage, injury or the like is directly caused by negligent acts of the Lessor. In addition, the Tenant shall at all times keep on file with the Macon County Fire Marshall a list of any of the materials, substances, or chemicals described in this paragraph and stored or kept on the leased (14)Incidents of Default. Each and every term of this lease is a material part of this lease and continuation of the lease is conditioned on the parties' adherence to its terms. The breach or threatened breach of any of the lease terms by the Tenant shall be deemed an incident of default. A declaration ofi insolvency or the filing of a petition of bankruptcy by the Tenant shall also be deemed an incident of default. In the event Tenant defaults as defined in this paragraph, Lessor may declare the lease terminated and retake possession of the premises upon allowing Tenant a reasonable time to vacate the premises and remove its personal property: from thej premises.  expiration of the lease and surrender of the premises by the Tenant.  premises.  3    In testimony whereof, the parties have signed this lease on the date first written above in  duplicate originals, one of which is retained by each oft the parties.  COUNTY OF MACON Macon County Manager  By:  Major Display, Inc., a North Carolina Business Corporation By: President  4    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: December 13,2016 DEPARTMENT/AGENCY: Transit  SUBJECT MATTER: SoNCVet project  Interlocal agreement adding parties to  COMMENTS/RECOMMENDATION:  Attached please find a draft copy of an interlocal agreement between Macon County, Graham County and Mountain Projects, Inc. as it pertains to the Southwestern NC One-Call One-Click Center for Veterans Transportation Project (SoNCVet). Transit Director Kim Angel and the County Attorney  can provide further details at the meeting.  Attachments Agenda Item 11C  1 Yes  No    INTERLOCAL AGREEMENT TRANSPORTATIONF PROJECT  FOR THE PROCUREMENT, MPLEMENTATION AND OPERATION OF SONCVET: SOUTHWESTERN NC ONE-CALL ONE-CLICK CENTER FOR' VETERANS  BETWEEN MACON COUNTY and  GRAHAM COUNTY, NC and  MOUNTAIN PROJECTS, INC., a NC NON-PROFIT This INTERLOCAL AGREEMENT is entered into this  day of  2016, by  and between MACON COUNTY, a North Carolina body politic (the Procuring Agent" and' "Lead Agency") and the GRAHAM COUNTY, a North Carolina entity with the status of COUNTY ("Principal"); and the MOUNTAIN PROJECTS, INC., (Haywood County) a North Carolina entity Section 1. Purpose of Agreement. The purpose of this Agreement ("Agreement") is to allow the PRINCIPALS to participate in the existing Procurement, Implementation and Operation of SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation Section 2. Delegation of Authority. In the original Request for Proposal (RFP), issued by the PROCURING AGENT on November 27, 2013, for the delivery and installation of demand response routing and scheduling software, including regional coordination, tablets, web access and interactive voice response telephone system (referred to hereafter as "Goods and Services") for the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project, the PRINCIPALS were listed as potential transit systems that would be provided pricing information if they joined within the contract period (see page 7 of the RFP). At the time of the initial RFP, the Agreement did not and still does not obligate the Section 3. Effective Date of Interlocal Agreement. This Agreement shall become effective Section 4. Procurement Procedures. The Procurement procedures that were followed for the are seti forth in the North Carolina General Statutes 143-129 and in the Federal Transportation Authority (FTA) Circular 4220.1F. The SONCVET: SOUTHWESTERN NC ONE-CALL ONE-  with the status of PRIVATE NON-PROFIT ("Principal").  Project.  Procuring Agent or the Principals to purchase any of the Goods or Services.  on ?datel    CLICK CENTER FOR' VETERANS TRANSPORTATION Request for Proposals was issued Section 5. Award of Contract. The proposals received for the RFP were reviewed by the Transit Director for Macon County Transit and the Transit Director presented a recommendation to the Macon County Commissioners for the. award of the procurement contract for the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project. All parties hereto shall comply with the provisions of N.C. Gen. Stat. S 143-128.8 (d) which provides that such proposals shall not be subject to public inspection until a contract is awarded. The Macon County Board of Commissioners may consider, but is not bound by the recommendation. Macon County, within its sole discretion, will award any procurement contract. Once the procurement contract was been executed by the Procuring Agent for the benefit of the Procuring Agent and the Principals and the vendor, a copy of procurement contract was forwarded to the Principals. The original contract was completed and the PROCURING AGENCY. entered into a Itis understood that the above named PRINCIPALS will now be added to the above Section 6. Record Retention. The Procuring Agent and the Principals agree to retain all documentation relating to the procurement for a period of not less than five years after the date of the last delivery pursuant to the procurement, except in the event of litigation or settlement of claims arising from the performance of the procurement contract(s), in which case the Procuring Agent and Principal agree to maintain same until all such litigation, appeals, claims or exception  on November 27, 2014 by MACON COUNTY, LEAD AGENCY.  contract with HBSS on March.13.2014  named contract.  related thereto have been resolved. Section 7. Miscellaneous.  (a) Duration. This Agreement shall be 60-months from the award of the procurement contract, unless terminated earlier by mutual agreement. The governing body of each party hereto has determined that this duration is reasonable. On such termination, obligations of either side that are still executory are hereby discharged, but any rights based on prior breach or performance (b) Appointment of Personnel. The County Manager shall designate persons to carry out the Procuring Agent's obligation under the Agreement. The AutorzedomcalsTte shall designate the persons to carry out the Principal's obligation under the. Agreement.  survive.  (Principal's Official)  2    (c) Amendment and Termination. This Agreement may be amended by agreement of the (d) Benefit of Agreement. This Agreement is for the benefit of only the parties hereto and not (e) Nature of Agreement and Transaction. Macon County had the responsibility under this Agreement to conduct a procurement as described in this Agreement and to enter into the procurement contract for the benefit of the Procuring Agent and the Principals, also as described in this Agreement. In performing under this Agreement, the Procuring Agent is acting as the agent on behalf of the Principals and on its own behalf and the Procuring Agent may also purchase Goods and Services for itself from the same procurement contract. The Procuring Agent does not warrant, or give any opinion, that this procedure, by which the procuring Agent solicits proposals and enters into procurement contract on behalf of the Principals, will be successful or effective. The Principals shall not hold the Procuring Agent liable for any deficiencies in, or failure of, this procedure. The Principals shall indemnify the Procuring Agent for, and hold the Procuring Agent harmless from, any claim by any person, firm, or corporation regarding this procedure or regarding the sale or purchase of the Goods and Services. The PROCURING AGENT' SHALL NOT BE LIABLE TO THE PRINCIPALS ON ANY EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO MERCHANTIABILITY OR FITNESS FOR A PARTICULAR PURPOSE) with respect to any of the Goods and Services. The parties hereto agree to procure, implement and operate the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project in Macon County, North Carolina, Graham County, North Carolina, and Mountain Projects, Inc. (Haywood County) North Carolina, as Section 8. Governing Law and Forum. This Agreement shall be construed and interpreted in accordance with the laws of North Carolina. The exclusive forum and venue for all actions arising out of this Agreement that are between the parties to this Agreement shall be the North Carolina Court of Justice, in Macon County. The preceding sentence does not govern actions between the Principal and any person, firm, or corporation other thani the Procuring Agent. Section 9. Macon County Policy. Macon County is committed to ensuring that no person is excluded from participating in or denied the benefits of any of the county's services on the basis of race, color, national origin, sex, age, disability or socioeconomic status as protected by Title VI of the Civil Rights Act of 1964 and the Executive Order on Environmental Justice. Anyone  parties or terminated at will by the Principal or Procuring Agent.  any other person, firm, or corporation.  provided for hereinabove.  3    believing to have been subjected to discrimination under Title VI by the county, its employees or  agents, are entitled to file a complaint.  This Agreement has. been executed by the Principal and the Procuring Agent by and through  duly authorized representatives.  4    MACON COUNTY BY:  MACON COUNTYN MANAGER  ATTEST:  Clerk  GRAHAM COUNTY (PRINCIPAL)  By: AuthoizadomdalsName  (Authorized Official's title)  ATTEST:  Attested.byanother: Transit System person  (Title of Person Attesting)  5    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: December 13, 2016  DEPARTMENT/AGENCY: Governing Board  SUBJECT MATTER: appointments  Discussion of liaison committees and  COMMENTS/RECOMMENDATION:  Chairman Tate would like to review and discuss the appointment of the board's members to the standing committees and liaison posts for the 2017-  2018 term.  Attachments Agenda Item 11D  Yes X No    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: December 13, 2016  DEPARTMENT/AGENCY: Governing Board  SUBECTMATTER: Board of Education liaison report  COMMENTS/RECOMMENDATION: joint Facilities Review Committee.  The County Manager will provide an update from the recent meeting of the  Attachments Agenda Item 11E  Yes X No    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: December 13, 2016  DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Agenda formation COMMENTS/RECOMMENDATION: board'smonthly meeting agenda.  Commissioner Higdon has requested time to discuss the formation of the  Attachments Agenda Item 11F  Yes X - _No    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING . DATE: December 13, 2016 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Consent Agenda  DEPARTMENT HEAD COMMENTS/RECOMMENDATION: A. Minutes - Consideration of the minutes from the November 15, 2016 continued session and the December 5, 2016 continued session. The minutes will be  forwarded via a separate e-mail prior to the meeting.  B. Finance - Consideration of Budget Amendments #80 through #85, per C. Tax releases - There are no tax releases for the board's consideration for the  Attachment 12B.  month ofNovember: 2016.  D. Ad valorem tax collection report - No action is necessary.  COUNTY MANAGER'S COMMENTS/RECOMMENDATION:  Attachments X Yes Agenda Item 12(B) and (D)  No    ACONCOUNIMARUSGETAMENDMEND  November21.2016  AMENDMENTH: FROM FINANCE DBPARTMENTE EXPLANATIONE  S0  SOCIALSERVICES FoxterCareDonation DESCRIPTION:  INCREASE $300 $300  DECREASE  113561/4389-25 FOSTERCARE GENERAL 11:59145675-194 ROSTERCAREGENERAD  REQUESTEDBYDEPADPPARIMENTAPAD ECOMMENDEDBKINANCEOHICER APPROVEDBYCOUNTYMANAGER ACTONIMBOARDORCOMMISSIONERS APPROVEDANDENTEREDONMNINOTES-DATED  CLERK    MACON COUNTYBUDGET/ AMENDMENT AMENDMENT FROM; M.CHRISSTAHL DEPARTMENT: SOLD WASTE  81  EXPLANATION: FY16-17, MOVEMONEYTOCOVER WHITE GOODS GRANT. SEE  ATTACHED. DESCRIPTION White Goods Management Grant Non-Capital: Equipment  ACCOUNT 603472 433000 604725 559700  INORBASE: DECRBASE  4313,00 4313.00  REQUESTDBYDBPARIMENTHEAD ahn  at  -  RECOMMENDEDBY FINANCE OFFICER APPROVEDBYI COUNTY MANAGER ACTION BY BOARDOF COMMISSIONERS APPROVED AND ENTEREDONMINUIES DATED  Kuihtba  CLERK    MACON COUNTY BUDGET AMENDMENT# DEPARTMENT EXPLANATION ACCOUNT  aMOMAIAA Economic Development.  Appropriate revenue: and expenditure fort building reuse grant for Project Tech.  DESCRIPTION  INCREASE DEGREASE 187,500 187,500  114925 556053 DERT OF COMM BLDG REUSE GRANT 113850 445711DEPT: OF COMM BLDGI REUSE GRANT  REQUESTED! BYE DEPARTMENTHEAD ogmy Jouns RECOMMENDED BY FINANCE OFFICER. AA sthte  APPROVED! BY COUNTY MANAGER ACTION BY BOARD OF COMMISSIONERS APPROVED & ENTRDOMMMUTSDAIED  CLERK    MACON.COUND/BUDGETAMENDMENT AMENDMENT# DEPARTMENT EXPLANATION: ACCOUNT  83  Economic Development  Appropriatefund balance for carryforward: ofbullding reuse grant matchfor Project Tech.  DESCRIPTION,  INCREASE  DEÇREASE 9,375 9,375  114925 SOSIOECONOMICDVEDP INCENTIVES 113840 417900/FUND BALANCE.  REQUESTED: BY DEPARTMENTHEAD. loprne SalsS RECOMMENDED! BY FINANCE OFFICER heristbul  APPROVED BV COUNTY MANAGER: ACTION BY BOARD OF COMMISSIONERS APPROVED: & ENTERED ONA MINUTESDATED  CLERK.    MACONCOUNT/BUDGETZ AMENDMENT  AMENDMENT# DEPABIMENT EXPLANATION ACCOUNT!   Economic Dévelopment  Appropriate fund. balancef forcarryforwardoft OneNC grantmatch forF Project Tech,  DESCRIPTION:  INCREASE.  DECREASE: 30,000 30,000  114925 SOMDECONOMICDEVAID: INCENTIVES 113840 417900FUND: BALANCE.  REQUESTED! BY DEPARTMENTHEAD. Tormy SL RECOMMENDED! BYF FINANCE OFFICER: MAhtbt  APPROVED BY COUNTY MANAGER ACTION BY BOARD OF COMMISSIONERS APPROMED & ENTERED. ON MINUTES DATED.  CLERK    MACONCOUNIM4BUDGETAMENDMENT  Dccember2:2016  AMENDMENT FROM FINANGE DEPARTMENTE ABXPLANATIONE  85  SOCIALSERVICES Insuranceadustment DESCRIPTION SWSALARY  INCREASE: $3,960 $3,960  DECREASE  13B89:4850-00 INSURANCESETILEMENTS  M1-5360-5500-015  REQUESIEDIADEPARIMENTEEAD. RECOMMENDHDBMINCEODCER APPROVEDBY/COUNTCMANAGER ACTIONBYBOARDORCOMMISSIONERS ADPROMEDANDENDENTEREDONMNMINLTESDATED  A  CLERK        MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: December 13, 2016 DEPARIMENT/AGENCY: Governing Board SUBJECT: MATTER: Appointments COMMENTS/RECOMMENDATION:  (A)Planning Board (one seat): The term of John Shearl is up and Mr. Shearl is eligible for reappointment and has applied to be reappointed. The county has also received applications from Aaron Garrett, David B. Culpepper and Tommy Potts. Copies ofall four are attached.  Attachments 4 Yes Agenda Item 13(A)  No    Jjlawn  18285268764  p.1 PrintFarm.  Application for Appointment to Macon County Authorities, Boards, Commissionsland Committees The Macon County Board of Commissioners believés all citizens should havet the opportunity to Participate in governmental decisions. The Board wants to appoint qualified, knowledgeable and dedicated people tos serve on authorities, boards and pommittees. Ifyou have ani interest in below before the advertised deadline and choose from the following options.  considered  being  for an appointment to any advertised vacancy, please thoroughly complete the form  Mail to: County Manager's Office 5 West Main Street Franklin, North Carolina 28734  or FAXt:8 828-349-2400  Any Questions, please call the County Manager's Officea at (828)349-2025 Name of Authority, Board or Committee applying Planding Board  Name John. Shear M-P.Box81 Telephone: Home Occupation Landscaper Business Address Po.Box 82  City Hshlanks  NCZip 68741  342.6289  Work Hshlanks  526-2251  Email Address solawn 143@ ffantier, fom Briefly explain any anticipated conflict ofinterest ydu may have ifappointed:  Educational Background  Fiankln Hgh.Schoe) Graduske  Business and Civic Experiences/Skills: Licensel Lankseape Contrackot and Expertise Interest/Skills:  Areas of  5440  29  employed  yeals  Owne. oh.a'sml Dusineses Placen Coufy List any Authorities, Boards, Commissions or Commttees presèntly serving on: Macon a1 Planang Bpalp  Currenlly  OA  -480  DATE: toe    PrntFo  Application for Appointment to Macon County Authorities, Boards, Commissions and Committees Thel Macon County. Board of Commissioners: believes all citizens should have the opportynity to Participate in governmental decisions. The Board: wants. to. appoint: qualified, knowledgeable and dedicated people tos serve on authorities, boards and committees. Ifyou havé an interést int being considered: for an appointment to any advertised: vacancy, please thoroughly complete the form below before the advertised deadline and choose from the: following options.  Mail to: County Manager's Office 5 West) Main Stréet Franklin, North Carolina 28734  or FAXI to: 828-349-2400  Any Questions, please call the County Manager's Office at(828) 349-2025 Name of Authority, Board or Committée applying for Planning! Board  Name Aaron Garrett: Address390Hurst: Gircle Telephone: Home (828) 421-4919 Occupâtion Lând Surveyor Business Address. 139lotlas St Email Address N/A  City Franklin  NCZ Zip 28734  Work 828)421-4919  aoneparetimunymg.on  Briefly explain any anticipated. conflict ofi interest you mayl have ifa appointed:  Educational Background  Franklin High School, Graduation:5/2006 2)Southwestern: CommuntyCollege, Land Surveying Technology, Graduation:05/2009 3Southwestern. Communityl College, Civill Engineering Technology, Graduation: 12/2009  Business and Civic Experiences/Skils: Small Business Owners. LendernpaCommuntation Areas of Expertise and Interest/Skills: Land Development & Planning Real Estaté Zoning/Premitting  Active Member of Rotary Club International Active Memberc ofHolly Sptings. Baptist Church  List any Anthorities, Boards, Commissions or Committees presently serving on: Mice President of! North Carolina Society of Surveyors (Nantahala Chapter) Chairmano of Ratary Club of Franklin Daybreak's Riverfest Committee.  SIGNATURE; Hoy Aai  DATE: 10-07-16    Fint  :  PrintForm  Application for Appointment to Macon County Authorities, Boards, Commissions and Committees Thel Macon County Board ofCommissioners: believes all citizens should1 have the opportunity to Participate in governmental: decisions. Thel Board wants to appoint qualified, knowledgeable: and dedicated people to serve on authorities, boards and committees. ffyou have an interest in being considered for ani appointment: to any advertised vacancy.please) thoroughlycomplete the form below before the advertised deadline and choose from the following options:  Mail tor County Manager'sOffice 51 West! Main Street Franklin, North Carolina 28734.  or FAXt to: 828-349-2400  Any Questions, please call the County Manager's Office at (828)349-2025 Name of Authority, Board or Committee applying form PlanningB Board /EDL  Name DavidB.Cupepper Adressp4Brookwood Cove. Telephone:: Home 561714-0440  City Franklin  NCZip 28734  Work. 328524-0495  Occupation femoysangersdimed materials Business. Address 3214Georgial Road Otto, NC28763 Email Address dawsupapperelomalcyn None, llookf forward tot the opportunity, Educational Background 1996 FHS  Briefly explain any anticipated conflict of interest your may have ifappointed:  2001 WCUBS Communication/ PublicRelations Business and Civic Experiences/Sklls: Areas of Expertise and Interest/Skills: and; problemsolving.  Self-employed! for 15years. Concelved, designed, contracted and bultt the Otto Depot. Disciplinedinvestor. Domestica and International: business, planning, ayp.onevaoA.maaing andie economics, Excellent. interpersonal; skills and abilitytos objectively analayze situations ands scenarios. Exceptional aptitudef forr negotiation  Consummate plannera anda analyzer, Leader bye example andp precept.  List any Authorities, Boards, Commissions or Committees presently serving on:  Advisory Board- -Nantahalal Bankand Trust  SIGNATURE:  DATE: 06/09/2016    PrintForm  Application for Appointment to Macon County Authorities, Boards, Commissions and Committees The Macon County Board lofCommissionersl believes all citizens should have the opportunifyto Participate in governmental: decisions. The Board, Wants to appoint qualified, knowledgeable: and dedicated peopleto:serve: on authorities, boards and committees. Ifyoul have ani interest in being considered for an appointment: to: any advertised vacancy, please thoroughlys complete thei form below before thes advertised. deadline and. choose: from the following options.  Mail to: Gounty Manager's Office 51 West Main Street Franklin, North) Carolina 28734:  Or TAXt to: 828-349-2400  Any Questions.please: call the County Manager's Office at (828)349-2025 Name of Authority, Board or Committee applyingf for Planning Beavd Name Tompy Pofés (Pavif ThEss Rts Address 197 Palmer Dr City) Franklin  NCZip 28734  Telephone: Homé 828-S24r 5883  Work 828-367-2FY  Occupation Mamager at Fankus Meckine Con  Business: Address 231 Depst St.  Email Address  Fomypas ezik.co  Briefly explain anya anticipated contlict ofinterest your may have ifa appointed:  Educational Background s Schodl Grad + Business and Civic-Expeiemewskill: Arcas ofl Expertise and Interest/Skilis:  Vpd.  12hi-v  24rs  Calteg  30 rs. Gesy Maneger dE Fparkin Alachexe, Ouey NEN Espress Marf  & ys Macow Coivin Sosps Ch Basady Limember Business Manainarf CAL #older Pesvaie Pilat Listany. Authorities, Boards,Commisions: or Committees presently sèrving on:  SIGNATURE irhe  DATE: 12/9/6