WWacon Counly  COU  MACON COUNTY BOARD OF COMMISSIONERS  NOVEMBER 15, 2016 AGENDA  1. Reconvene and welcome by Chairman Corbin (A)NCACC November 2016 county update video  2. Announcements 3. Moment of Silence 4. Pledge of Allegiance 5. Public Hearing(s). - NONE 6. Public Comment Period 7. Additions to agenda    8. Adjustments to and: approval of the agenda  9. eports/Presentations  A. Proclamation regarding National Hunger and Homelessness  Awareness Week - Lowell Monteith B. Cowee Convenience & Deli = Wayne Sheffield  10,Old Business  A. Community Funding Pool recommendations - Karen Wallace C Update on SCC Burn Building Complex - Emergency Services D: Update on Robert C. Carpenter Community Building renovation.  B. Letter of Intent for Charters of Freedom  Director Warren Cabe, and the County, Manager  project - County Manager E. Update on broadband reseach  Information Technology  Director Andy Muncey and GIS Analyst Wes Hall  11.New Business  A. Consideration of agreement with East Coast Risk Management- County Manager and Human Resources Director  MACON COUNTYCOURTHOUSEANNEX PHONE 828-349-2000  5WESTN MAIN STREET  FRANKLIN, NORTH FAX: CAROLINA: 828-349-2400 28734    B. Emergency Services - Director Warren Cabe  (1) EMS billing contract for (a) consideration of modification extending term to December 31, 2016 and (b) consideration ofcontract beginning with term effective January 1, 2017 (2) FEMA FY 2016 Assistance to Firefighters Grant C. Transit Services - Director Kim Angel (1) Resolution for amended 5317 contract (2) Resolution adding parties to SoNCVet project D. Public Health - Director Jim Bruckner (2) Regional Diabetes Prevention Grant  (1) Fee changes X  (3) Program funding change at state level regarding federal Title E. Roof replacement at Macon County Multi-Purpose Group Home F. Consideration of community club renovation projects - County G. Consideration of 2017 Holiday Schedule - HR Director H. Business Development Center Lease - County Attorney  - County Manager Manager  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 October 11, 2016 regular meeting and the  Commissioners.  November 8, 2016 regular meeting B. Budget Amendments #62-73  C. Tax Releases 13.Appointments  A. Economic Development Commission (EDC) - - 2 seats  14.Closed session (if necessary)  15.Recess until Monday, December 5, 2016 at 6 p.m. in the commission boardroom on the third floor of the Macon County  Courthouse, 5 West Main Street, Franklin, NC.    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: November 15, 2016 DEPARIMENT/AGENCY: Governing Board SUBJECT MATTER: Proclamation COMMENIS/RECOMMENDATION:  Lowell Monteith with The Fathers House will be at the meeting to ask the board to proclaim November 12-20, 2016 as National Hunger and Homlessness Awareness Week. A draft copy of the proclamation is  attached.  Attachments Agenda Item 9A  1 Yes  No    Proclamation  WHEREAS, for the past several years the National Coalition for the Homeless and National Student Campaign. Against Hunger and Homelessness have sponsored National WHEREAS, the purpose oft the proclamation is to educate the public and advocate with and on behalf of people experiencing homelessness about the many reasons people are hungry and homeless including the shortage of affordable housing in Macon county for very low income residents; and to encourage support for homeless assistance service providers as well as community service opportunities for students and school service  Hunger and Homelessness Awareness Week; and  organizations; and  WHEREAS, there are: many organizations committed to sheltering, providing supportive. services as well as meals and food supplies to people experiencing homelessness including:The Fathers House, Reach, and Macon New Beginnings; and  WHEREAS, the theme ofNational Hunger and Homelessness Awareness Week 2015is WHEREAS, the Macon County commissioners board recognize that hunger and homelessness continues to be a serious problem for many individuals and families in WHEREAS, the intent ofNational Hunger and Homelessness Awareness Week is consistent with the activities ofThe Fathers House; Reach, and Macon New Beginnings. NOWT THEREFORE BE. IT RESOLVED that the Macon County commissioners board hereby proclaims November 12-20, 2016 as. National Hunger and Homelessness  "Being homeless is not a crime," and  Macon County; and  Awareness Week.  BE IT FURTHER RESOLVED that the Macon County commissioners board encourages all citizens to recognize that many people do not have housing and need support from  citizens, and private/public nonprofit service entities.    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETINGDATE: November 15, 2016 DEPARIMENT/AGENCY:  SUBJECT MATTER: Cowee Convenience & Deli  COMMENIS/RECOMMENDATION:  Wayne Sheffield has requested time on the agenda to discuss issues regarding Cowee Convenience & Deli and Macon County Public Health  inspections.  Attachments Agenda Item 9B  Yes X No    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: November 15, 2016  DEPARTMENT/AGENCY: Community Funding Pool SUBJECTMATTER: Revised recommendations COMMENTS/RECOMMENDATION:  Karen Wallace will return to present the revised task force recommendations for allocating the $75,000 available from the Community Funding Pool for FY 2016-17. An updated version oft the recommendations is attached.  Attachments Agenda Item 10A  1 Yes  No            MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: November 15, 2016  DEPARTMENT/AGENCY: Foundation Forward, Inc.  SUBJECT MATTER: Letter ofIntent COMMENTS/RECOMMENDATION:  In this letter of intent, Foundation Forward, Inc. "affirms its intent to gift to Macon County, North Carolina a brick and cast stone Charters of Freedom Monument as displayed in The National Archives in Washington, DC." The Charters of Freedom, described as the Declaration of Independence, four pages of the United States Constitution and the Bill of Rights, would be placed under the trio of flag poles on the courthouse plaza on Main Street.  A copy ofthe letter is attached.  Attachments Agenda Item 10B  1 Yes  No    November 12, 2016 Macon County," North Carolina Mr. Derek Roland, County Manager  Re: Macon County Charters ofFreedom  Letter of Intent  Whereby a presèntation. was; made by Foundation approve the gift from Foundation Forward.  October. 11, 2016, and the Board' took the matter under Forward; Inc. to the County Commissioners of Maçon Freedom. gift from Fourdation Forward. On November consideration to vote to accept the Macon' Gounty Charters County of  on  12, 2016 the Macon County Board of Commissioners voted to  By this letter, Foundation Forward, Inc. affirms its intent to  stone Charters" of Freedom Monument as. displayed in The gift to Macon County, North Carolina a brick and çast'  Macon County, North Carolina.  National Archives in Washington, D.C. to the citizens of  This three-part monument will consist of The Declaration of Constitution, and The Bill of Rights; to be plaçed under the S All funds. for this project will be kept in a bank account at account. named Foundation Forward, Inc. - Macon  Independence, four pages of The United: State  Franklin, North Carolina. This setting Was selected by the flag poles. outside of the Courthouse on Main Street in and foot traffic, and easy access by school children and citizens. county: for its central location in the county, high visibility account information. and updated amounts available' County to thé Charters of Freedom." Foundation Forward will maké Patterson will make the initial deposit into the account in the amount County. Manager upon: request. Vance and Mary Jo costs of constructing al brick and/or çast stone monument that will be of $1,000 and deposits. will bei made to cover the:  Entegra Bank in Macon County, North Carolina under the  a gift to Macon. County, North Carolina. weeks granted,. the construction will begin when the çounty. - allowing time for fabrication and other custom  Oncé the site is chosen, prints are approved, and. building permits decides on thei ideal date, but no sooner than six weeks to materials. Targeted completion date is dependent. eight  upon availability and fabrication ofmaterials.  Foundation Forward, Inc. Title: EOURPER L Macon County, North, Carolina,  :  Date: HIL/LOI6  By: Title:  Date:  :    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: November 15, 2016  DEPARIMENT/AGENCY: Emergency Services SUBJECT MATTER: Update on SCC Burn Building  COMMENTS/RECOMMENDATION:  Emergency Services Director Warren Cabe will provide an update on the burn building at Southwestern Community College's Public Safety Training  Center.  Attachments Agenda Item 10C  Yes X No    MACON COUNTY BOARD OF LOMMISSIONERS  AGENDA ITEM  MEETING DATE: November 15, 2016  DEPARTMENT/AGENCY: Parks and Recreation  SUBJECT MATTER: Building renovation project  Update on Robert C. Carpenter Community  COMMENTS/RECOMMENDATION:  The County Manager will provide details on this item at the meeting. For your information and review, a copy of the Basic Services Proposal/Scope of  Work from Ritter Architecture, P.A. is attached.  Attachments Agenda Item 10D  1 Yes  No    RITTER ARCATTECTURE, PA.  COMMERCIAL  R  NDUSTREAL    RETAIL  a  HOSPITALETY -  2November. 2016 Macon County Board of County Commissioners Mr. Derek. Roland, County Manager West Main Street Franklin, North Carolina 28734  P.0. Box 668 Franktin, NC:28744 Pha 828-369-6511 omdriterarehiretuason Fax:828-369-6619  Re: Carpenter Community. Building Renevation Project:  Franklin, North Carolina 28734 Architect's Project Number 15-91699  Dear Mr Roland,  Inr response to your request, RITTER ARCHITECTURE, P.A. isj pleased to submit this proposal for comprchensive. Architectural and Engineering Services relativei to the  aforementioned, project.  BASICSERVICES PROPOSALSCOPE: OF WORK: permitting, for the following, itemized Scope of Work:  Provide comprehensive. Architectural and Engineering drawings, as.) required for Macon County  General/Typical Project Notes:  Remove and replace existing glazing wifh fixed, clearg glass in Flurospar #354F125 Provide new cap. flashing to match new window frames: (#354F125, - Redwood). Provide new 3x coat, Portland Cement stucco finish at entry cylinder as shown. Provide nèws sidewalks toj public Right-of-Way, as showin for accessibility, Provide nèw lockable door hardware, levers istyle, to comply with current A.D.A. Repair/replace existing doors and provides new 4x30" fixed vision panels in all Provide new metal roofstructure, as shown: Color tol bel Redwood: tos match. new: Provide new push button handicapped door operator atmain Building entrance and at Repair/replace. existing sidewalk from Building Entrance out to existing asphalt Provide newi permanent: benches, for patron waiting, at front entrance. sidewalk. Provide new handicapped parking space and access aisle, as shown at front entry. Coordinate need/requirements for Building Security, system with Owner,  Redwood - aluminum frames, Pressure clean all remaining brick surfaces, Remove èxtra sidewalk. (southeast çorner) Standards and Regulations. commonarea. doors. window frames. parking lot:  entrancer tol Multi-Purpose room from interior hallway:    Carpenter Community Building Renovation Project  21 November 2016: Page 2  OOMSTGNCHIQURANETE Multi-Purpose: Room; Proposed Demolition;  Delete commode and reclaim toilet room for supply storage. Remove extra walll hung! lavatory from kitchen aréa Remove! folding room divider partitions. Remove existing, exit sign from; west door. Remove existing timert box and repair resultant: walls, Remove existing shelves and marker boards, and repair resultant walls: Conceal existing projection screen with framing and drywall.  Proposed Rénovation:  Provide news cabmets and countertop. Provide: new programmable thermostats. Provide: rew occupancy sensors. for room.  Rélocate existing return airs grille and thermostar to allow fornew storage doséf. Construct new storage room, approx. 22-10"x7-0", fors storage oftables and chairs. Repair ceiling with painted drywall trim, atl locations where: room. dividers havel been Provide new pair of 3068 hollow: metal doors, frame and looking hardware for new Provide new accessible exit, within storefront glazing systems; at southwest corner of room. Provide new exit sign andi update fire alarm system accordingly. Replace all) lighting lamps with equivalent LED. lamps. Prepare and paint all interior walls, one color, as selected by Owner. Strip and re-seal existing terrazzo flooring,  removed. storage room:  Gameroom: Proposed Demolition: Proposed Renovation:  Re-claim gameroom. as Business Office". Provide new occupancy sensor for room. Provide news carpet square flooring, and carpet wall base: Provide new: false" frames? for existing mural artwork. Provide new LED, and parabolic lighting, Provide new concéaled projection screen to drop down froms ceiling, Provide new wood chairrail at +- 40" aff Provide: new painted wood beadboard wainscot below proposed chairrail, Provide new 24"x24", tegular ceiling tilei in existing suspended ceiling grid.  RITTER AHGHITRCTURE, BA    Carpenter Community Building Renovation Project  2November 2016 Page3 3 Primary Hallway: Proposed. Demolition: Proposed Renovation:  Remove existing drinking fountains.  Provide new carpet square flooring and carpet wall base from lobbytomulti-purpose  room.  Prepare and paint all walls,  Craft Room: Proposed Demolition: Proposed Renovation:  Remove and rotate One (1) existing 2x4 fluorescent light fixture  Extend existing office partitions to ceiling. Provide new countertops. Re-paint existing cabinets.  Provide new: carpet squares. flooring and carpet walll base Paint all exposed walls in one color to bes selected by Owner.  Lobby: Proposed Demolition:  Relocate vending to new vending alcove. Relocate hall trophy case intol Lobby area. Relocate County Topo map into) Lobby alcove. Provide: new, fixed glass into Attendant's Office.  Proposed Renovations: Rears Meeting Room: Proposed Renovation:  Provide-new parcelain tile flooring and tilen wall base. Tot beselected by Owner.  Conçeal: existing projection screen with framing and drywall. Provide: new occupancy, sensor for room, Construct new storage closet, as shown, Prepare and paint. all interior walls,  Provide: new vct, flooring and vinyl CoVE wall base Tol be selected by Owner.  Director's Office; Rear Offices, and Rear Hallway,  Proposed) Renovations:  Provide new: carper squares flooring and carpet wall base.  Prepare and paint all interior walls.  RIFTER ARCHTECTURE, RA.    Carpènter Community Building Renovation: Project  2November 2016 Page4 4 Gymnasium: Proposed Demolition: Proposed Renovation;  Chéck room humidity levels before replacing floor. Remove existing bleachers tol bes re-installed.  Replace wood flooring, Replace hi-bay lighting with equivalent LED. lighting, Provide newi curtain, court divider, Replace six (6) existing basketball goals. Provide. additional crash mats behind basketball goals. Re-install bleachers previously. removed.  Provides framed: fabric panels abovel bleachers, on existing West brick wall.  Note: No occupancy sensor to bej provided for this room.  Restroom Vestibule: Proposed: Demolition: Proposed Rénovation:. Restrooms! Proposed Demolition:  Remove existing floor tiles and tile wall base,  Provide new porcelain tiles andi tile walll base. Tol be selected by Owner.  Remove old thermostat.  Remove all existing fixtures and toilet partitions. Remove existing floor tile andi tile walll base, Re-configurer restrooms as shown. Seal floor tiles, Add emergency lighting as shown.  Proposed Renovation:  Provide: new. porçelain tile floorsand tile walll base. Tol bés selected by Owner, Provide all new fixtures, equipment and furnishings as shown: Provide: new toilet partitions, shower stalls, benches, grab bars, eto, as shown,  Building Entry Vestibule: Proposed Demolition: Proposed Renovation:  Remove existing storefront windows and doors. Provide: new walk-offn mat, as shown, Provide néw. handicapped push button doors operators.  Provide nèw storefront windows and doors with framing to match. new window color. Provide new porcelain tile flooring and tile wall base. To be selected by Owner.  RITTERE ARCITRCTERE, PA.    Carpenter Community Building Renovation Project  2.1 November 2016 Page5  Concessions-Area: Proposed Renovation::  Provide new. cabinets and çountertops. Repair roll-down security. shutter.  Attendant's Office, Gymnasium Hallway:  Proposed Renovation:  Provide new porcelain tile flooring and tiles wall base. Tol be sclected by Owner,  Prepare and paint all interior walis,  New Vending Alcove: Proposed Renovation:  Construct new partition to divide storage toom from vending alçove: Relocaté existing pair of doors from storage room intonew divider wall. Provide new porcelamn tile flooring, and tile walll base. Tol be selected by Owner,  Prepare and paint all interior" walls..  Remaining Storage Room: Proposed Renovation:  Strip and: re-seal existing concrete: floor. Prepare and paint all interior walls.  Service Area Equipment Storage, Mechanical. Room, Storage Room, and Hallay:  Proposed Renovation;  Strip and re-seal existing concrete floors, Prepare and paint all interior walls.  ADDITIONAL PROJECT REQUIREMENTS:  All work shall be phasèd SO as to: allow the building to rémain open to they publio throughout the construction processi Individual areas may be closed: off, while work is being completed, while thet remainder ofthe façility is open. The ONLY exception that will be allowed willl be for the restroom reconfiguring: and renovations, whereas, the entire facility canl be CLOSED fora MAXIMUM: duration ofthree (3) weeks. This closure MUST be scheduled, in: advance, with the  closure schedule strictly enforced.  RITIER ARGIITECTURE, BA.    Carpenter Community Building Renovation Project:  21 November 2016. Page 6  This renovation. Project shall be designed to bec completed by the General Contractor within, 120 days oft the date upon which Macon County. awards the Contract for the same and time for the There shall bez a liquidated damages provision contained int the Confract between Macon County and the General Contractori to whom the Contract for this job is awarded as a result ofthés formal bidding process requiring thej payment of $500.00 per day byt the General Contractor tol Macon. County as liquidated damages for each day of failing to: complete the Project within thet time Ritter Architeçture, P.A. shall require all oft the foregoing ini the plans and specifications uponr which Genèral Contràctors shall bid upon and shall likewisé cause the samè tol bei included int the Contract betwéen Macon County and the General Contractor who is awarded the Contract fori this Ritter: Architecture, P.A, shall cause Macon County tol bei in compliance: with the provisions of Article 8, Chapter 143 oft the North Carolina Genéral Statutes, inj comection with this Project. Riter-Architecture, PA., shall canse the laws conceming bid bonds, payment. bonds and performance1 bondst tol be fully complied with by the General Contractor whoi is awarded the Ritter Architecture, P.A., shall cause the followingi provisions tol bei includedi int the Contract awardéd by Macon County tot the Géneral. Contractor who is awarded: the Contract for this job as  completion eft the samé is) ofthe essence.  limited hereinabove.  job as: a result oft the formal bidding process.  Contract for this job as a result: ofthei formal bidding process..  aresult oft thet formal bidding pracess.  A. E-VERIFY General Contractor shall comply with the requirements of Article2of Chapter 64 ofthe General Statutes. Further, jifGeneral Contractor utilizesa subcontractor, General Contractor shall require the subcontractor to complywith the requirements ofArticle 2 of Chapter 643 ofthe General. Statutes. B: IRAN: DIVESTMENT ACT CERTIFICATION: Pursuant to N.C.G,S. 143-6A-5 (a), General Contractor must be able to truthfully certify and: shall certify at thet timet that. its bid or proposal is submitted, as, well as ati the time of contracting, that in accordance with the Iran Divestment. Act the General: Contractor is not listed on the Final Divestment. List çreated by the State Treasurer pursuant tol NCG.S, 143-6A-4.  IRAN: DIVESTMENT AÇT CERTIFIÇATION. Pursuant tol N.C.G.S. 143-6A-5 (a); Ritter Architecture, P.A., certifies that, at the time of contracting that in accordance with thel Iran Divestment: Act, Ritter, Architecture, PA. is not listed ont the Final Diyestment List created by the Ritter, Architecture, P.A. shall comply with the requirements of Article 2, of Chapter 64, ofthe General Statutes: Further, ifRitter Architecture; PA. utilizes a subcontractor, Ritter Architecture; P.A. shall require the subçontractor to comply with the requirements of Article. 2, of Chapter 64,  State Treasurer, pursuant to N.C.G.S. 143-6A-4.  ofthe General Statutes.  RITER ARCHITECTURE, PA.    Carpenter Community Building Renovation Project  21 November 2016 Page7  Ritter Architecture,' PA. shall ensure that the General Contractors who bid upon this jobl hold all Ritter Architecture, P.A. will ensure that all applicables minority business participation and historically underutilized business rules are followed in comection with the same. Ritter Architecture, P.A: acknowledges receipt ofar copy of Macon County'sl Minority Participation Goals and agrees to ensure that Macon County complies with the: same in each Ritter Architecture, P.A. wwill cooperate with Macon County and its County Attorney torj provide Architectural drawings shall: consist of floor plan, finishes plany exterior and interior elevations, sections, details, and outline specifications, as necessary to obtain the required. Macon Courity jurisdictional approvals. Thes same: shallinclude: all specifications for works and materials which are not shown on the plans and which are otherwise necessary tol know all ofthe nature and. quality oft the workrequired: and all ofthe materials, and the types and qualitythereof, which are  appropriate licenses necessary to lawfully. do the work specified.  request for bids, plans, specifications and Contract. certifications ofa all: oft the: foregoing.  Phase 1 FrodactonConstrnstion Documentation  required for the completion ofthey work for this renovation: project.  Phase 2:- Bidding and Negotiation  Includes Bid document preparation, Bid processing, Bid evahration and Bid: award. Ritter. Architecture, P.A., shall review the proposed Construction Contract bétween. Macon County and the General Contractor who. is awarded the Contract, tol be prepared by the General Contractor, ati its. sole expense, fort this job as aresult of the formal bidding process to insure full compliance with. Article! &, Chapter 143. ofthe North Carolina General Statutes and the Includes four (4). Architectural Application for Payment review certifications.  requrements ofthis Contract. Phase 3:- Construction Coordination BASICCOMPEASATION:  The: above-deseribed scope of services willl bej provided for a lump sum' fee of Sixteen Thousand  Dollars. ($16,000.00) broken down asi follows:.  Phase 1: Phase 2: Phase3:. Proposal Total:  Construction. Documentation Bidding and Negotiations  7,000.00 5,000:00 4,000.00 $16,000.00.  Application for Payment revicw/Cettficationsi (4)  RITER ARCHETECTURE, PA    Carpenter Community Building Renovation Project  21 November 2016 Page 8  PAYMENT TO ARCHITECT:  Payment shall be considered due upon receipt and must be received twenty (20) days from date ofinvoice. Payments past due shall bear interest àt thes rate of8% per annum from the date Costs forj printing, mileage, long distance and cellulart telephone calls, postal andi non-postal handling of documents, any artistio and/orrenderings, are reimbursable expenses to the. Architect. Thesè will bei invoiced as a 1.150 multiplier ofthe direct expenses incurred by the Architect, Printing shall be provided at a cost of One Dollar and Twenty Five Cents per sheet.. Notwithstanding anything tot the contrary, said costs shall beinvoiced: as thes need should: arise and: shall ini no event exceed One Thousand Dollars, ($ 1,000.00) without prior written consent of  payment is due.  Macon County.  COMPENSATION: FOR ADDTIOMALSERVICIS:  For Project representation' beyond Basic Services; compensation shall be computed at a rate of $100.00/houf, dètermined: as the need fors servicès: should arise. Additional Services shall be by written: change order, signed by both parties, in advance ofthe performance of any additional  services to beprovided by same.. TERMSOF PROPOSAL:  This offers shall remain outstanding, for acceptance; for a period. of thirty (30), days from the date hereof, and, once accepted, this proposal shall constitute a binding contract between Owner and This proposal may bei terminated: by either party, with cause, upon seven (7) days written notice. to1 the other party, should suchy party fail top perform its obligations in accordance" with thei terms thereof. In the event of termination, Architect shall beR compensated: for services performed to Ifthis proposal meets with your approval, please sign on the line provided below as our  Architect as more speçifiçally described herein,  termination date, including miscellaneous: expenses then due.  authorization toj proceed.. RitefArchitectu/s, fgf Thomas E. Ritter Architect/President Signature    Title  Date  RITTER ARCHITECTURE, RA.    Carpenter Community Building Renovation Project  21 November 2016 Page 9.  PRE-AUDIT CERTIFICATE: and Fiscal Control Act. This the  This instrument: has been pre-audited: in the manner. required by, thel Local Government Budget  day ofNovember, 2016..  Macon County Finance Officer  RITER ARGHITECTURE, PA.    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: November 15, 2016  DEPARTMENT/AGENCY: Information Technology SUBJECTMATTER: Update on broadband research  COMMENTS/RECOMMENDATION:  As a follow up to the discussion from last month's regular meeting, Information Technology Director Andy Muncey and GIS Analyst Wes Hall  will provide an update on broadband research.  Attachments Agenda Item 10E  Yes X No    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: November 15, 2016  DEPARTMENT/AGENCY: Admimistration/Hluman Resources SUBJECT: MATTER: Agreement with East Coast Risk Management  COMMENTS/RECOMMENDATION:  The County Manager and Human Resources Director will present a recommendation regarding an agreement with East Coast Risk Management to provide a variety of services regarding OSHA compliance, accident prevention programs, human resources, Workers Compensation and DOT compliance. A copy of the proposed agreement, which has been reviewed  by the County Attorney, is attached.  Attachments Agenda Item 11A  1 Yes  No    EAST  COAST  RISK MANAGEMENT  AGREEMENT  This Agreement is made this  day of November, 2016 ("the Effective  Date"), by and between East Coast Risk Management of North Carolina, LLC ("ECRM"), having aj principal place of business located at 4909 Unicon Drive, Wake Forest, NC 27587, and Macon County, North Carolina ("the Client"), having a principal place of business located at 5V W. Main Now therefore, in consideration oft the mutual covenants set forth herein and intending to  St, Franklin, NC 28734.  be legally bound hereby, the parties hereto do hereby agree as follows:  1.0 Scope of Services  ECRM will provide the following services to the Client.  A. Recordkeeping Requirements  ECRM will maintain and address all applicable OSHA record keeping programs in accordance with 29 CFR Part 1904. Examples include OSHA 300, 300A and 301 records,  postings, reporting and compliance. B. OSHA Compliance Programs  ECRM will conduct a detailed review of the Client's existing Safety Manual and incorporate any required changes. The manual will contain policies and procedures applicable to pertinent Accident Prevention Programs and OSHA requirements. Employee training will be performed by ECRM in conjunction with the Client's Safety Staff. Examples of subject matter  and topics include: >Hazard Communications >Accident Investigation >Electrical Safety >Fall Protection Personal Protective Equipment >Emergency Services OSHA Compliance >Driver Training >Emergency Response >Powered Industrial Truck (Forklift) >Heavy Construction Equipment  4909 Unicon Drive . Wake Forest, NC27587  (919)488-5240 . fax: (919)488-5241 . www.eastcoastrskmanagement.com  Macon County, NCFullServce11-16  Page 1of9'    C. Accident Prevention Programs  ECRM will lead the implementation of and manage the following Accident Prevention Certified Company Safety and Health Committee - ECRM will attend and "facilitate" all meetings, provide required training, documentation and communications to ensure the committee continues to receive its accreditation. Meetings and required employee training Accident Investigation Program - ECRM will develop and implement a formal program and follow-up on each accident to focus on root causes and corrective actions. Management Training ECRM will custom develop and deliver management training focused on safety, how to enforce rules, coaching, holding employees accountable. Project Inspection and Audit Program = ECRM will develop a formal Inspection and Audit  Programs:  will take place on clients' premises monthly.  program and perform documented inspections monthly.  D. Human Resources  Employee Handbook - ECRM will review the Client's existing employee handbook for legal compliance and sound HR policy. The Client may choose to either have the existing employee handbook modified or have a new employee handbook created. Human Resources Consulting - ECRM will be available to provide professional HR consultative services on a telephonic and email basis to address traditional HR issues, including, but not limited to, FMLA, COBRA, ADA, Sexual Harassment and employee job performance. This service does not include review, comment and/or creation of any Monthly Touch Base - ECRM will engage in a monthly touch base via telephone with the Client for up to thirty (30) minutes to review with and advise the Client on any HR related issue and to set any priorities and schedules for any agreed to HR services pursuant to this  employment-related forms, documents and/or policies.  Agreement.  Such work shall be done by ECRM at no additional cost to the Client.  E.. Workers Compensation including:  ECRM will develop and implement Post Accident and Injury Management programs  Develop and manage Physician relationships - ECRM will develop and manage Physician relationships and oversee all communications regarding return to work  issues.  EAST  COAST  RISK MANAGEMENT 4909 Unicon Drive . Wake Forest, NC 27587  (919)488-5240 . fax: (919)488-5241 . www.eastcoastiskmanagement.com  Macon County, NC.Fulls Service.11-16  Page 2of9    Workers Compensation Claims Handling Procedures and Reporting Procedures = ECRM will develop and communicate procedures with the current WC carrier that Transitional Duty Program (Early Return-To-Work Program) - ECRM will provide all communications to company management, employees and treating physicians. Monitoring and enforcement of this program will occur on a continuous basis. WC Claim Management and Medical Management Assistance (Ongoing), etc. ECRM will provide closely coordinated communications with the WC claims adjusters  details claim reserve practices, settlement authority issues, etc.  on all past as weil as future workers' compensation claims.  F. DOT Compliance Review  ECRM will conduct an on-site DOT Compliance Review to evaluate the client's safety performance and compliance with regulations and required recordkeeping. The audit will  include a review oft the following:  >DOT Audit Overview >Company FMCSA online SAFER Report Review >Operating Authority >General Insurance Requirements >Drug and Alcohol Testing Requirements >Driver qualification files >MVR Process  G. Consultation Services  ECRM agrees to be available for "on call" consultation service assistance and to act as an outside expert to provide management support and technical assistance to the Client for matters concerning all items described within the Scope of Services on a continuous basis during the  term oft this Agreement.  H. Services Outside of the Scope of Services  The following services are not provided as part of the Scope of Services of this Agreement but can be provided by ECRM upon mutual agreement of the parties for an additional fee: any on- site services on weekends or during the hours of 8:00 p.m. to 6:00 a.m. such as subcontractor services, analytical lab testing, monitoring, waste removal services, industrial hygiene,  laboratory services or any associated third party fees.  2.0 Costs Monthly Cost  $3,000.00  This monthly cost shall be and is hereby guaranteed to the Client for a period of three (3) years.  EAST  COAST  RISK MANAGEMENT 4909 Unicon Drive . Wake Forest, NC27587  (919) 488-5240 . fax: (919)488-5241 . www.eastcoastiskmanagement.com  Macon County, NC.Full Service.11-16  Page 3of9    Ina addition toi the monthly fee, the Client will pay ECRM for any travel or other costs or expenses incurred by ECRM in connection with the performançe of services under this Agreement. Travel  will be reimbursed at the applicable IRS mileage rate.  3.0 Invoices  Invoices will be submitted monthly. Invoices that are not paid within thirty (30) days of the date  of the invoice will incur a service charge of .66 % per month.  4.0 Term and Cancellation  The initial term of this Agreement is for one (1) year from the Effective Date. The initial term may be cancelled by either party for cause with a 30-day written notice to the other party ("the Defaulting Party") if the Defaulting Party materially breaches this Agreement and such breach is not cured within 30 days after receipt of the written notice of such breach. If the initial term is not cancelled by either party, this Agreement will continue in full force and effect on all of the original terms and conditions contained herein until either party provides thirty (30) days written notice of cancellation. However, if the cause of the default is the Client's failure to make timely payments, ECRM may suspend services hereunder until all arrearages are paid.  5.0 Confidential Information  The Receiving Party (.e. the party that receives or acquires Confidential Information directly or indirectly under this Agreement) agrees that it will not disclose or otherwise make available the Confidential Information of the Disclosing Party (i.e. the party that discloses Confidential Information under this Agreement) to any third party without the prior written consent of the Disclosing Party; provided, however, that the Receiving Party may disclose the Confidential Information to its affiliates, officers, employees and consultants to the extent that such is required in the performance ofi its obligations pursuant to this Agreement. The Receiving Party also agrees that it will only use the Disclosing Party's Confidential Information for the purpose of Ifthe Receiving Party becomes legally compelled to disclose any Confidential Information, the Receiving Party shall provide: (1) prompt written notice of such requirement sO that the Disclosing Party may seek, at its sole cost and expense, a protective order or other remedy; and (2) reasonable assistance, at the Disclosing Party's sole cost and expense, in opposing such disclosure or seeking a protective order or other limitations on disclosure. If, after providing such notice and assistance as required herein, the Receiving Party remains required by law to disclose any Confidential Information, the Receiving Party shall disclose no more than that portion of the Confidential Information which, on the advice of the Receiving Party's legal For purposes of this paragraph and this Agreement, Confidential Information" is defined as any information that is treated as confidential by a party, including, trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to customers, pricing, and marketing. Confidential Information shall not include information that: (a) isa already known to the Receiving Party without restriction on use or disclosure prior to receipt  performing its obligations under this Agreement.  counsel, the Receiving Party is legally required to disclose.  EAST  COAST  RISK MANAGEMENT 4909 Unicon Drive . Wake Forest, NC 27587  (919) 488-5240 e fax: (919) 488-5241 . www.castcoastrskmanagement.com  Macon County, NC.Full Service.11-16  Page 4of9    of such information from the Disclosing Party; (b) is or becomes generally known by the public other than by breach of this Agreement by the Receiving Party; (c) is developed by the Receiving Party independently of, and without reference to, any Confidential Information of the Disclosing Party; or (d) is received by the Receiving Party from a third party who is not under any obligation to the Disclosing Party to maintain the confidentiality of such information. THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE CLIENT MAY AND SHALL COMPLY WITH THE PROVISIONS OF CHAPTER 132 OF THE NORTH CAROLINA GENERAL STATUTES REGARDING PUBLIC RECORDS.  6.0 Proprietary Information  in addition to the Confidential Information, the parties hereto acknowledge that ECRM has disclosed certain Proprietary Information during the course and scope of this Agreement to the Client. This information has been disclosed to enable ECRM to fulfill the Scope of Services hereunder. Propriety Information includes, but is not limited to, business concepts, plans, strategies, operating methods, training materials and any and all other ECRM materials, procedures and processes disclosed or provided to the Client. It's acknowledged by the Client that ECRM has invested considerable time and money in the research, development and expansion of this Proprietary Information. At all times during this Agreement and all times thereafter, it is acknowledged by the Client that ECRM must authorize any disclosure, reproduction or use of any and all Proprietary Information in writing prior to any such reproduction or use by the Client. The Client also acknowledges that all said Proprietary THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE CLIENT MAY AND SHALL COMPLY WITH THE PROVISIONS OF CHAPTER 132 OF THE NORTH CAROLINA GENERAL STATUTES REGARDING PUBLIC RECORDS.  Information is owned by ECRM.  7.0 Non-Solicitation of ECRM Employees  The Client agrees that it will not, without the express written consent of ECRM, at any time during the term of this Agreement and for a period of twelve (12) months thereafter, directly or indirectly as a company, an individual, officer, director, employee, investor or in any other capacity, solicit or attempt to divert, hire, retain or encourage to leave the employment of ECRM any current employee of ECRM or any employee of ECRM who has left ECRM's employment within the last twelve (12) months prior to the Client's solicitation to hire or retain. Itis acknowledged by both parties that Client's failure to adhere to this provision of the Agreement would cause ECRM substantial harm and it would be difficult, if not impossible, to determine a basis for economic recovery therefore. Accordingly, it is agreed that liquidated damages represent a fair, reasonable basis for actual recovery of damages against the Client by ECRM for a breach of this provision. Therefore, in the event that it is determined by a court of law that the Client breached this provision of the. Agreement, Client agrees it will be liable to ECRM for liquidated damages in the amount of twenty-five (25%) of the employee's current salary. In the event that the employee is no longer employed at ECRM at the time damages are assessed by  EAST  COAST  RISK MANAGEMENT 4909 Unicon Drive . Wake Forest, NC 27587  (919)488-5240 . fax: (919) 488-5241 . www.easicastrskmaanagement.com  Macon County, NC.Full Service.11-16  Page 5of9    the court, it is agreed that liquidated damages will be calculated at twenty-five (25%) of the employee's salary at the time oft termination. The parties agree that nothing int this section limits the ability of ECRM to obtain injunctive relief or any other remedy at law or equity as  appropriate.  8.0 Attorneys' Fees and Costs  Ifeither party institutes any legal suit, action or proceeding against the other party to enforce this Agreement, the prevailing party in the suit, action or proceeding is entitled to receive, and the non-prevailing party shall pay, the costs and expenses incurred by the prevailing party in conducting the suit, action or proceeding, including reasonable attorneys' fees.  9.0 Limitation of Liability  ECRM will not be liable to the Client ort to any third party for any loss of use, revenue or profit or for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damage was foreseeable and whether or not the Client has been advised of the possibility of such damages; provided, however, that this Section will not apply to a breach of Section 5.0 (Confidentiality), or ECRM's obligation to pay Attorneys' Fees as set forth in Section 8.0. In addition, ECRM will not be liable to the Client for any type of regulatory compliance violation fine imposed on the Client by any government entity. However, ECRM will be liable to the Client for  actual or direct breach of contract damages as determined by a court of law.  10.0 Indemnification  ECRM shall defend, indemnify and hold harmless the Client, its employees, successors and permitted assigns from and against all losses, including reasonable attorneys' fees, arising out of or resulting from any third party claim, suit, action or proceeding arising out of or resulting from bodily injury, death of any person or damage to real or tangible personal property which The Client shall defend, indemnify and hold harmless ECRM, its affiliates, officers, directors, employees, successors and permitted assigns from and against alll losses, including reasonable attorneys' fees, arising out of or resulting from any third party claim, suit, action or proceeding arising out of or resulting from bodily injury, death of any person or damage to real or tangible  results solely from the negligent acts or omissions of ECRM.  personal property which result from a negligent act or omission of the Client.  11.0 Survival  The rights and obligations oft the parties set forth in Section 5.0 (Confidentiality), 6.0 (Proprietary Information) and 7.0 Non-Solicitation) will survive termination of expiration of this Agreement.  EAST  COAST  RISK MANAGEMENT 4909 Unicon Drive . Wake Forest, NC27587  (919) 488-5240 . fax: (919) 488-5241 . www.eastcoastriskmanagement.com  Macon County, NC.Full Service.11-16  Page 6of9    12.0 Client Responsibilities  The Client or its authorized representatives will provide ECRM with all information and access to facilities requested by ECRM to enable ECRM to provide the services agreed to in this Agreement. The Client will designate a representative to coordinate with ECRM with respect to any agreed upon service. In addition, when ECRM is requested to provide any service that involves a regulatory compliance issue, such as consulting advice, a training program or a written plan, policy or procedure, the Client will ensure that a representative is designated that has the knowledge, time and resources to provide ECRM with complete and accurate information on facility operations, procedures and all other relevant details to ensure that such are considered and/or incorporated into the advice, training program or written plan, policy or  procedure.  13.0 independent Contractor  ECRM and the Client agree that ECRM will act as an Independent Contractor in the performance of services pursuant to this Agreement. Accordingly, ECRM shall be responsible for the payment of all taxes, including federal, state and local arising out of ECRM's services in accordance with this Agreement. During any of its contacts with third parties, no employee of  ECRM will identify himself or herself as an employee of the Client.  14.0 Miscellaneous  (a) Disclosure: The existence of and terms contained in this Agreement shall not be disclosed outside the Client's business and shall not be duplicated, used or disclosed in whole or in part for any purpose outside of the Client's business (b) Complete Agreement: This Agreement represents the complete agreement between the parties hereto with respect to the subject matter contained herein. (c) Amendments: Any and all amendments to the terms of this Agreement must be (d) Severability: The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this (e) Governing Law. Mandatory Choice of Forum and Consent to Personal Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the state of North Carolina, without reference to principles of conflict of laws. Any legal suit, action or proceeding arising out of or related to this Agreement shall be instituted exclusively in the courts of the State of North Carolina. Both parties expressly consent to the jurisdiction of such courts. Service of process, summons, notice or other document by mail to such party's address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court. Each party agrees that a final judgment in any such action, litigation or proceeding is conclusive and may be enforced in other jurisdictions in any manner provided by law. Lastly, each party  unless authorized by ECRM.  made in writing and agreed to by both parties.  Agreement.  EAST COAST RISK MANAGEMENT 4909 Unicon Drive . Wake Forest, NC: 27587  (919) )488-5240 . fax: (919)488-5241 . www.eastcoastriskmanagement.com  Macon County, NC.Ful!: Service.11-16  Page 7of9    submits and specifically consents to personal jurisdiction in the courts of the state of North Carolina and hereby waives any objection based upon personal () E-Verify: ECRM shall comply with the requirements of Article 2 of Chapter 64 of the General Statutes. Further, if ECRM utilizes a subcontractor, ECRM shall require the subcontractor to comply with the requirements of Article 2 of Chapter (g) Iran Divestment Act Certification: Pursuant to N.C.G.S. 143-6A-5(a), ECRM does hereby truthfully certify that at the time that its bid or proposal is submitted as well as at the time of contracting that in accordance with the Iran Divestment Act that ECRM is not listed on the Final Divestment List created by the State (a) No Oral Waivers. No waiver under this Agreement is effective unless it is in writing (excluding an' email), identified as a waiver to this Agreement and signed (b). Waiver Only for Specific instance and Purpose. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated, and (c) Failure, Delay and Course of Dealing Not a Waiver. None of the following constitutes a waiver or estoppel of any right, remedy, power, privilege or  jurisdiction or forum non conveniens. 64 of the General Statutes.  Treasurer pursuant to N.C.G.S. 143-6A-4.  (h) No Waiver.  by an authorized representative oft the party waiving its right. does not operate as a waiver on any future occasion.  condition arising from this Agreement:  () any failure or delay in exercising any right, remedy, power or privilege ori ine enforcing any condition under this Agreement; or (i) any act, omission or course of dealing between the parties.  AND NOW, intending to be legally bound hereby, the parties hereto have caused this  Agreement to be executed as of the Effective Date indicated above. EAST COAST RISK. MANAGEMENT OF NORTH CAROLINA, LLC  Michael By: Title: President Date: 11/08/2016  Digitallys signedb by Michael Lukart Lukarfost 2016.11.081 16:03:44- -0500  MACON COUNTY, NORTHCAROLINA  By: Title: Date:  EAST  COAST  RISK MANAGEMENT 4909 Unicon Drive . Wake Forest, NC: 27587  (919) 488-5240 . fax: (919) 488-5241 . www.castcastrskmanagement.com  Macon County, NC.Full Service.11-16  Page 8of9    Pre-Audit Certificate: and Fiscal Control Act.  This instrument has been pre-audited in the manner required by the Local Government Budget  Macon County Finance Officer  EAST  COAST  RISK MANAGEMENT 4909 Unicon Drive . Wake Forest, NC: 27587  (919) 488-5240 e fax: (919) 488-5241 . www.eastcoastrsknanagement.com  Macon County, NC.Full Service.11-16  Page 9of9    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: November 15, 2016 DEPARTMENT/AGENCY: EMS SUBJECTI MATTER: Billing Contract COMMENIS/RECOMMENDATION:  Emergency Services Director Warren Cabe will ask the board for: A. Consideration of modification of the ambulance billing contract, extending the term to December 31, 2016. A copy of the Modification of Service Agreement is attached.  B. Consideration of ambulance billing contract beginning with initial  term effective January 1,2 2017.  Attachments Agenda Item 11B(1)  1 Yes  No    STATE OF: NORTH CAROLINA COUNTY OF MACON  MODIFICATION OF SERVICE AGRBEMENT- AMBULANCE TRANSPORT BILLING  TisMadfasimafseniseAgremst-Amhalane Transport) Billingi ismadea andentered into thist the day ofNovember, 2016, by and between Macon County, al North Carolina County and Body Politic, hereinafter referred to as' "County", and Credit Bureau Systems, Inc., a  business corporation, hereinafter referred to as "CBS".  WITNESSETH:  THATWHEREAS, National Reimbursement Group, Inc., a Georgia Corporation, did ono or about February3,2011, enteri into a Service. Agreement- Ambulance Transport Billing withl Macon  County, North Carolina, a copy ofwhichi is attached hereto as Exhibit 1; and  WHEREAS,National Reimbursement Group, Inc., Was merged into CBS and said Service Agreement- - Ambulance Transport Billing was assigned to CBSi in or around November 23,2015, and CBS thereby undertook to perform all of the duties ofl National Reimbursement Group, Inc., under thei terms of said Service Agreement- -4 Ambulance Transport Billing and thel Exhibitst thereto;  and  WHEREAS, by its written terms, such Service Agreement  Ambulance Transport Billing would have expired on or about February3,2016, butt thep partiesheretodid throught their actionsand course ofdealing continue their business dealings with one anotheri in accordance with the terms of said Service. Agreement - Ambulance Transport Billing and Exhibits thereto; and  WHEREAS, the parties hereto now desire to modify such Service Agreement Ambulance Transport Billing and the Exhibits thereto and their course of dealings as set forth hereinbelow. NOW THEREFORE IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS CONTAINED HEREINAFTER, THE PARTIES HERETODOMODIFY THE SERVICEAGREEMENT-AARUIANCETRANSORTBLINGANDINIEITSTHERETO, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT 1 AND THEIR COURSE OF 1. That CBS warrants unto County that National Reimbursement Group, Inc., was: merged into CBS, that the Service Agreement - Ambulance Transport Billing and Exhibits thereto, a copy of which is attached hereto as Exhibit 1, was assigned to CBS by National Reimbursement Group, Inc., in or aroundNovember? 23, 2015, that CBS thereby undertook top perform all ofthe duties ofNational Reimbursement Group, Inc., under thet terms ofs said  DEALING. AS FOLLOWS:  1    Service Agreement- - Ambulance Transport Billing and thel Exhibits thereto and that it does hereby further undertake and agreet toj perform the same asi modified! herein;  2. That CBS warrants that it has the authority to enter into this Modification of Service. 3. That County and CBS agree, affirm and ratify that such parties have, through their actions and course ofd dealing, continued theirl business dealings with one: anotherina accordance with the terms oft the Service. Agreement- - Ambulance Transport Billing and Exhibits thereto, a copy ofwhichi isa attached hereto as Exhibit 1,s since February 3,2016, throughandincluding That the parties agree that the business dealings of the parties hereto shall continue until December 31,2016, in accordance with the terms of the Service Agreement Ambulance Transport Billing and Exhibits thereto, acopy ofwhichi is attached hereto as Exhibit 1, as That the parties hereto do hereby agree to end and câncel all business dealings under the Service. Agreement- Ambulance Transport Billing and Exhibits thereto, a copy of which is attached hereto asl Exhibit 1, and their actions and course ofdealing regarding the same, as That between now and the date hereof, the parties hereto will cooperate with one anotherin good faith in order to wind up the business dealings between the parties hereto; That on or before, December 31,2016, CBS: shall: return all uncollectedaccountso ofCounty IRAN DIVESTMENT ACT CERTIFICATION. Pursuant tol N.C.G.S 143-6A-5 (a), CBS does hereby certify as oft thet time ofcontracting that ina accordance witht thel Iran Divestment Actthe CBSi isnotlisted on1 thel Final DivestmentList created by the State' Treasurer pursuant E-VERIFY. CBS: shall complywithterguiemeas ofArticle2ofChapter. 64 ofthe General Statutes. Further, if CBS utilizes a subcontractor, CBS shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 ofthe General Statutes; 10., That excepta tas SO1 modified, thet terms and conditions ofthe Service. Agreement- Ambulance Transport Billing and Exhibitsthereto, acopy ofwhichisattachedi hereto as Exhibit1, shall 11. That notwithstanding anything to the contrary contained herein, at the end oft the business clatonahpottnepariescalecmbw3,2016,CBSagrestoand shall thereaftercontinue  Agreement - Ambulance Transport Billing;  this date;  4.  modified herein;  5.  aforesaid, on December 31, 2016;  6. 7. 8.  unto County;  to N.C.G.S. 143-6A-4;  9.  remain in effect until December 31,2016; and  2    to comply with the Confidentiality of Information requirements contained in the Service Agreement- - Ambulance Transport Billing and Exhibitsi lhee,acpyofwlichisa attached hereto asl Exhibitla mdallHIPArguiremems: conceminginformation providedi untoitand National Rcimbursement@roup. Inc., yComyhamsoawihaes ServiceAgrement- Ambulance Transport Billing and Exhibits thereto, a copy of which is attached hereto as  Exhibit 1 and the parties course of dealing.  Macon County By:  Authorized Representative Credit Bureau Systems, Inc. Authorized Representative  By:  PREAUDIT CERTIFICATE  TiainemethashmpenialbybelcaiGmemmert Budget  and Fiscal Control Act,  Macon County Finance Officer  3    EXHIBIT1,  SERVICEAGREEMENT- - AMBULANCE TRANSPORTBILING  THIS AGREEMENT made the 3 day of February 2011, by and between National Reimbursement Group, INC., a Georgia corporation having its principal place of business in MACON, Georgla, hereinafter called "NRG", and thel MACON County Government of Franklin, North Carolina hereinafter called' "MACON."  ARTICLEONE Servicest to Be Provided  (a) Processing of Claims. On claims NRG is to process, NRG will receive through an electronic upload through NRG's secure website a dally batch of ePCR claims from the EMSCharts system. This file will include all data elements needed for NRG to bill claims, MACON guarantees that transport data sent to NRG is accurate to the best of their knowledge and no information has been falsified to the best of their knowledge. MACON will gather and forward additional appropriate information to NRG as requested for transport validation. NRG wil, based on such documents, process MACON's claims for payment from persons transported and their insurers within five (5) business days of delivery by MACON to NRG of patient record. Such processing shall include effortsi in conjunction with! MACON: for verification ofi information as to name, address, and insurer, fillng insurance claims, filing third party relmbursement claims and a follow-up of such claims all in a manner calculated to produce an  expedtiousprocessing: ofs same and prompt payment tol MACON.  (b) Collection and Remittal, NRG will collect all payments from persons transported, insured, or other third party benefit providers to MACON and promptly deposit payments into MACON's bank account at Wachovla Bank. The documentation fori the payment will then bei forwarded to MACON.  (c) Collection Agency. MACON will employ al Bad Debt Collection. Agency under a separate contract. The contract will be between MACON and the collection agency, with NRG following the pre-defined processes set up by MACON that. determine which accounts go to Collections. NRG will work with any collection agency contracted by MACON regarding claim filing, paymentreceived, and claimre-fling.  ARTICLE TWO  MAÇON County Government Contract  Page 1    Compensation  (a) NRG shall receive as compensation for processing, handling and collecting the ambulance service  claims of MACON af fee set outinas schedule attached hereto as Exhibit B,  (b) MACON shall pay the per claim amount due for all clalms turned over to NRG promptly in accordance  with the terms sets out In Exhibit B.  ARTICLETHREE Monthly Reports  NRG shall submit to the MACON the following reports on the 10th calendar day of each month for the  preceding month's work: 1. Credit Summary 2. Credit Detail 3. Revenue Summary 4, Revenue Detall 5. Accounts Receivable: Summary 6. Accounts Receivable Detail 7. Monthly Operating Metrics 8. Fiscai/Calendar Year reports  9. Anyotherpre-definedr reports that MACON wishes to recelve on aregular basis  MACON will be given three (3) free programmang/reporting hours each month for additionai reports.  Any reporting requirements above three (3) hours willl be billeda at $100 per hour.  MAÇON County Government Contract  Page 2    ARTICLE FOUR Right to Relect Acçounts  NRG shall have the right to reject any açcount submitted to it for processing and collection for any reason it may deem Inappropriate. Should NRG reject any such account or accounts, the documents  associated with same: shall be PomplyetumediowAcON.  ARTICLE FIVE Somtaémntalivelntmatien  All Information, whether documentary or electronic in character, supplied to NRG by MACON and all information obtained by NRG in processing and collecting accounts for MACON will be held to be confidential and private and will not be disclosed by NRG to anyone, other than a collection agency, insurer or third party  benefit providerwithout: the express written permission of MACON.  Alli information, whether documentary or electronici inc character,suppled to MACON by NRG, ist for the sole purpose of use by MACON. MACON will only transfer this information to third party sources when  expressly approved by NRG orv when required by governing laws.  ARTICLE SIX HIPAA Contract  Bys signing Exhibit C, MACON authorizes NRG to maintain and process Protected Health Information on  MACON'sbehalf.  ARTICLE SEVEN Duration  This Agreement shall be effective on 3, February 2011, and shall extend until 3, February of 2014. The  Agreement shail then renew one (1) year extensions for an additional two (2) years.  ARTICLE EIGHT Termination  The provisions of Article Seven notwithstanding, this Agreement may be terminated by elther party at any time on ninety (90) days written notice to the other party. Should NRG elect to terminate the contract, MACON has assurance that all claims for the final ninety (90) days of the contract will be processed to  MACON County Government Contract  Page 3    completion. Should MACON elect to terminate the contract and cease billing activities with NRG, NRG Is entitled to the averagen monthlyp payment to! NRG by MACON for the preceding twelve (12) months for thei final three (3) months of the contract or the normal charge as set forth In Article B, whichever Is greater.  ARTICLE NINE Entire Agreement  This contract contalns the complete and entire agreement of partles superseding all previous agreement and oral representations. The parties stipulate that nelther of them has made any representation with respect to the subject matter hereof not incorporated hereln. No waiver or modification of this  agreement shall be valid unless in writing duly executed byt the parties.  ARTICLET TEN Change of Law or Facts  All parties hereto expressly acknowledge that other, new or supplemental informatlon or causes of action that either may or may not exist or that may arise or become known int the future could cause them to evaluate the underlying facts or their positions differently than they! havel been evaluated as of the date oft this Agreement. Each party expressly agrees, and specifically assumes the risk, that if facts wlth respect to the matters covered by this Agreement are found hereafter to be dther than, Ina addition to, or different from, the facts now believed or assumed to be true by either or all parties, this Agreement shall nonetheless remain in  full force and effect.  ARTICLE ELEVEN Non-Rellance  No party hereto relies or has relied on any statement, representation, omission, inducement or promise of any other party (or any officer, agent, employee, representative ora attorney for any other party) in  executingthis/ Agreement, except as expressly providedi for herein.  ARTICLE TWELVE Additional Documents  All Parties agree to cooperate fully and to execute any and all supplementary documents and take all additional actions that may be necessary or appropriate to give full force and effect to the basic terms and  intent of this Agreement.  MACON County Government Contract  Page4 4    ARTICLE THIRTEEN  Entire Agreement and Surressorsininteres  This Agreement contains the entire agreement between MAÇON and NRG with regard to the matters set forth in It and shall be binding upon the executors, administrators, successors and assigns of NRG. Itis expressly understood by the partles hereto that all terms oft this Agreement are contractual and not merely a  recital,  ARTICLE FOURTEEN Governing Law  This Agreement shall be construed, interpreted, and enforced in accordance with the laws oft the State  ofNorth Carolina, Including the probate laws oft the! State of North Carolina.  ARTICLE FIFTEEH OngolngTraining  NRG will provide to MACON ongoing training on a schedule set by MACON. The schedule will be set one month in advance and NRG will be provided with two days for the training, NRG will then select one day and  notify MACON oft the day that works best fori NRG.  MACON County Government Contract  Page! 5    i  Effectiveness  This Agreement shall become effective immediately following execution by the parties listed below,  NationalReimhypament Group.INC.  Bv:  SLR52 La0  Title  -w Jmu  WACONCaal.gommma:  By Attest:  Cbwrhy Manager  Title  TNCnll  MACON County Government Contract  Page 6    EXHIBIT A  MACON will electronically submit data to NRG each working dayt to assure timely billing of claims. Additionally, MACON will make reasonable efforts to obtain alle neçessary information to affect this processing  as determined by NRG, including but not being limited to:  Patient Full Name Patient Social! Security Number Patient Billing Address Patient Phone Number Patient Billing Coverage  NRG will collect all payments from persons transported, insured, or ather third party benefit providers to MACON and promptly deposit payments into MAÇON's! bank account at Wachovia Bank. The documentation  for the payment will then bei forwardedi to MAÇON.  Accepted For MACON Date Accepted For NRG Date  CoWAhy Manaqu  Title  R  2-31  MACON County Government Contract  Page 7    C  EXHIBIT B  Compensation to NRGI by MACON for AR management and Billing will be as follows;  Revenue Cycle Fee:  1, 4.99ofallcash collected for ambulance transports.  Credit Card Processing: separate line item  2. NRG will charge MACON 3% of all money paid by credit cards on MACON accounts. This will be a MACON will be billed on a monthly basis for all claims processed in prior month. MAÇON will remit payment to NRG on receipt of Invoice. If payment is not postmarked by thirty (30) days from receipt, a 1.5% monthly charge will be incurred by MACON for everythirty (30) day period or fraction thereof that paymentis  overdue until payment is postmarked to NRG,  Accepted For MACON Date Accepted For NRG Date  founhy Manager  Titie  Ee D2/072011  2-3-1  MACON County Government Contract  Page8    :  EXHIBIT C  Business Associate Contract- MACON COUNTYGOVERMMENT  1. MACON COUNTY GOVERNMENT shali carry out its obligations under thisA Agreement in compliance with the privacy regulations pursuant to Public Law 101-1910 of August 21, 1996, known as the Health! Insurance Portabillty and Accountability. Act of 1996, Subtitle F-A Administrative Simplification, Sections 261, et seq,, as amended ("HIPAA"), to protect thep privacy of any personally identifiable protected health information ("PHI") that Is collected, processed or leamed as a result of the Billing Services provided hereunder. Inconformity therewith, MACON COUNTY  GOVERNMENT agrees thati itwill:  a. Not use or further disclose PHI except as permitted underthis Agreement or required byl law; b. Use appropriate: safeguards to prevent use or disclosure of PHI except as permitted! by this Tomitigate, toi the extent practicable, any harmful effect that Is known to MACON COUNTY GOVERNMENT ofa use or disclosure of PHI by the MACON COUNTY GOVERNMENT iny violation d. Report tol National Reimbursement Group, Inc. any use ordisclosure of PHIr not provided for by thisA Agreement of which MACON COUNTY GOVERNMENTbecomes aware; e. Ensure that anyagents or subcontractors' to whom MACON COUNTY GOVERNMENT provides PHI, or whol have accesst to PHI, agree to the same restrictions and conditions that applyt to Make PHI avallable to National Reimbursement Group, Inc andi tot thel Individual whol hasa a right to access as required under HIPAA within 30 days oft ther request! by National  Agreement;  of this Agreement;  MACON COUNTY GOVERNMENT with respect to such PHI;  Reimbursement Group, inc. or thei individual;  Incorporate anya amendments to PHI when notified to do 50 by National Relmbursement Group, h. Provide an accounting of all uses or disclosures of PHI made by MACON COUNTY GOVERNMENT Make its Internal practices, books and records relating tot the use and disclosure of PHI avallable. to the Secretary of thel Department of Health and Humans Services for purposes of determining MACON COUNTY GOVERNMENT's: and National RelmbursementGroup: Inc.'s compliance with At the termination oft this Agreement, return or destroy all PHI received from, or created or received by MACON COUNTY GOVERNMENT on behalf of National Reimbursement Group, Inc., andi If returni isi infeasible, the protections of this agreement wille extend to such PHI.  Inc.;  asr required under the HIPAAI Privacy Rule within 60 days;  HIPAA; ;and  MACON County Government Contract  Page 9    2. The specific uses and disclosures of PHIt that may be made byl MAÇON COUNT/GOYERMMENTON  behalf of National Reimbursement Group, Inc, Include:  a, Thep preparation of Invoicest to patients, carriers, insurersando other responslble for payment or relmbursement oft thes services provided by National Relmbursement Group, Inc. to its patients; b. Preparation of reminder notices and documents pertaining to collections of overdue accounts; :. The submission of supporting documentation to carriers, insurers and other payers to substantiate the healthc care: services provided by Nationall Relmbursement Group; Inc. to its d. Uses required for the proper management oft the MACONCONIYCOWERNIMENT as al business  patients ort to appeal denials of payment for thes same;  associate; and  Other uses or disclosures of PHI as permitted by thel HIPAAR Privacy Rule.  3. Notwithstanding any other provisions oft this Agrèement, this Agreement may bet terminated! by National Reimbursement Group, Inc., Ini its sole discretion, if National Reimbursement Group, Inc. determines that MACON COUNTY GOVERNMENT has violatedai term or provision oft this Agreement pertaining to! Nâtional Reimbursement Group, Inc's obligations under the HIPAA privacyrule, or If MACON COUNTY GOVERNMENT engagesi in conduct which would, if committed by! National Reimbursement Group, Inc. would result in aviolatlon oft the HIPAA Privacy Rule by  National ReinbyrsementGroup: Inc. SEA  231 Date  Signature  Natlonal Relmbursement Group, Inc. Representative  B  Chlh Date  signature-Countyl Manager MACON County Government Representative  MACON County Government Contract  Page 10    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING - DATE: November 15, 2016 DEPARTMENT/AGENCY: 9-1-1,EMS  SUBJECT MATTER:  FEMA FY2016 Assistance to Firefighters  Grant  COMMENTS/RECOMMENDATION:  Mr. Cabe is requesting approval ofa grant application for Macon County EMS, in collaboration with Macon County Fire Departments, for funds to upgrade the emergency communications system as a joint project between EMS and the local fire departments. Macon County has established a capital project fund to complete this project with $100,000 pledged for an allocation of subscriber units (portable, mobile radios) for the fire departments. This grant will allow the pledged amount to be leveraged as the 10 percent local match for this grant and replace all subscriber units for all fire departments and EMS to make them compatible. with a new communications system.  Attachments Agenda Item 11B(2)  Yes X No    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: November 15, 2016 DEPARTMENT/AGENCY: Transit SUBECTMATTER: Resolutions COMMENTS/RECOMMENDATION:  Transit Director Kim Angel will be seeking the board's approval regarding two resolutions. (1) The first resolution authorizes the county to enter into an agreement with NCDOT "to assist in the funding of deviated fixed route service." Per Ms. Angel, this is an extension of an existing contract for operating funds that, in part, support one of the Mountain Gem routes. A copy of the resolution is attached. (2) The second resolution, which is not attached, involves adding Graham County and Mountain Projects (Haywood County) to the previously approved SoNCVet project. Ms. Angel and the  County Attorney can provide more details at the meeting  Attachments 1 Yes Agenda Item 11C(I)and (2)  No    RESOLUTION  AUTHORIZING MACON COUNTY TO ENTER INTO AN AGREEMENT WITH  THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION  A motion was made by (name and title) and seconded by (name and title) for adoption of the following resolution, and upon being put to a vote was duly adopted. WHEREAS, Macon County has requested the North Carolina Department of Transportation to assist in thei funding of deviated fixed route service provided using WHEREAS, Macon County will provide 50% of the cost of the above described project; NOWTHEREFORE, BE IT RESOLVED that the County Manager is hereby authorized to enter into a contract with the Department of Transportation and execute all agreements and contracts with the North Carolina Department of Transportation, Public  Macon County Transit fleet vehicles; and  Transportation Division.  I, Michael A. Decker, Deputy Clerk to the Board, do hereby certify that the above is a true and correct copy of an excerpt for the minutes of a meeting of the Macon County Board of Commissioners duly held on the 8th day of November, 2016.  Signature of Certifying Official  * the official authorized to enter onto agreement SHOULDNOT sign the resolution.    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: November 15, 2016 DEPARTMENT/AGENCY: Public Health SUBJECT MATTER: Fee changes COMMENIS/RECOMMENDATION:  Tammy Keezer with Macon County Public Health will present the attached  list of proposed fee changes for the board's consideration.  Attachments Agenda Item 11D(1)  1 Yes  No        MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: November 15, 2016 DEPARTMENT/AGENCY: Public Health  SUBJECTMATTER: Regional Diabetes Prevention Grant  COMMENTSRECOMMENDATION:  Please see the attached memo from Public Health Center Director Jim Bruckner on this topic. Mrs. Keezer will be at the meeting to provide  additional details and to answer questions.  Attachments Agenda Item 11D(2)  1 Yes  No    Macon County Health Department is seeking Board of County Commissioners approval to take the The MDPP is intended tol be a regional collaborative. Toreceive the funding, each region musti form amulti-county collaborative that can engage, screen and deliver thej program to minority communities within its region. The Region1H Health Directors have asked Macon County to take the lead: since it is already thel leadi for MountainWise Regional Collaborative and regional Tobacco Use Policy initiative. Public Health Region1is is made up of Macon, Clay, Cherokee, Graham, Swain, Thisi initiative and Macon County Health Department being thel lead county for this region was There is no county funding requirement for this project. All funding for this collaborative will come from the NC Division of Public Health. This is a one year funding initiative with potential for The role of the regional lead agency is to coordinate efforts and provide infrastructure for the funding and focus on collaborations with community organizations and local government agencies The objectives of the funding allow forar regional coordinator to be hired who will work with the MountainWise Team already in place. This position will be hired through the NC Alliance for Public  leadinar regional Minority Prediabetes Prevention Program (MDPP).  Jackson, Haywood dandTransylvania Counties.  approved by the Board of Health at their October 25, 2016 meeting.  additional years based on the outcomes of the program.  toi implement the diabetes prevention program.  Health Agencies asi is all: staff of the MountainWise Project.  Al little about prediabetes:  Aboutiout of 3 American adults has prediabetesandi many don't even know it- that's 86  million people.  People with prediabetes are at higher risk of developing type2 diabetes. Type: 2 diabetes puts people at risk for many serious health problems, including:  Heart attack Stroke Blindness Kidney failure Loss of toes, feet, or legs Type 2 diabetes can be prevented.  CDCrecognized diabetes prevention lifestyle change programs can help people prevent or  delay type 2 diabetes and improve their overall health.    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: November 15, 2016 DEPARTMENT/AGENCY: Public Health  SUBJECT MATTER: regarding federal Title X  Program funding change at state level  COMMENTSRECOMMENDATION: available for details and questions.  Please see the attached memo from Mr. Bruckner, and Mrs. Keezer will be  Attachments Agenda Item 11D(3)  1 Yes  No    Macon County Health Department is seeking Board of County Commissioners approval to apply to This service and Macon County Health Departments applying for these funds was approved by the Until this year these funds were distributed directly to local health department by the state as sub- recipients of the federal funds. Up until this fiscal year Macon has received approximately: $29,000 annually to fund these services for women of childbearing age in Macon County. Through this grant This RFA for Family Planning Title. X: and' Women's Health Service fund dollars for FY18 - FY20. The NC Family Planning Program is a program for lowi income women and men that provides three-year annually renewable grant awards to provide clinical and educational services to prevent pregnancy throughout North Carolina. The Family Planning Program is administered by the Family Planning and Reproductive Health Unit of the North Carolina Department of Health and Human Services, Division of Public Health, Women'sand Children's Health Section, Women's Health Branch. The Title XI Family Planning program was enacted in 1970 as Title X of the Public Health Service Act. The program is designed to provide comprehensive family planning services to all who want and Title Xservices include the delivery ofr related preventive health services, including patient education and counseling; physical examinations; laboratory testing; basic infertilityservices; cervical and breast cancer: screening; sexually transmitted disease (STD) and human mmunodericiency virus (HIV) prevention education, testing, treatment and referral; and pregnancy diagnosis and counseling.  the state for Family Planning Title X and' Women's Health Service fund dollars.  Board of Health at their October: 25, 2016 meeting.  wei are eligible fora a similar amount offunding.  Title XF Federal Funding  need them, with priority given to persons from low-income families.  Women's Health Service Funds:  Women's Health Service Funds are state appropriated funding that may be used to purchase long acting reversible contraception (LARC) such asi intrauterine devices and implants for non-Medicaid eligible women. The Family Planning (FP) Program is administered by the Family Planning and Reproductive Health Unit of the North Carolina Department of Health and Human Services, Division of Public Health, Women'sand Children's Health Section, Women's Health Branch. Future Family Planning Title. Xa and' Women's Health Service fund dollars  Future funding willl be handled through an RFAI process and awards made on an annual basis for a project period of three (3) years, contingent upon contract complance,projectperformance, and  availability of funding.    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: November 15,2016  DEPARTMENT/AGENCY: Multi-Purpose Group Home  SUBJECT MATTER: Roofr replacement COMMENTS/RECOMMENDATION:  Please see the attached e-mail from Venecia Carr with the North Carolina Department of Public Safety requesting authorization to replace the roof on the Multi Purpose Group Home located at 1950 Lakeside Drive in Franklin  at no expense to the county.  Attachments Agenda Item 11E  1 Yes  No    Mike Decker From: Sent: To: Subject: Mike,  Derek Roland crolandemacomncorg" Tuesday, November 08, 201611:57. AM  Mike Decker  FW: Macon County Roof Replacement Request for Authorization  Here is another agenda item (see email below)  Thanks,  Derek C. Roland Macon County Manager 5W. Main St. Franklin, NC 28734 (828)-349-2022  From: Carr, Venecia malto.veneca.carr@ncdps.ov, Sent: Tuesday, October 18, 2016 3:21 PM To: droland@maconncor Greetings Mr. Roland:  Cc: Monroe, Nancy; Hoggard, Pam; Partin, Lisa; Shannon Tuzo; MaconPM Subject: Macon County Roof Replacement Request for Authorization  Itw was a pleasure speaking with you earlier today regarding the Macon Co. Multi-Purpose Group Home located at 1950 Lakeside Drive in Franklin. Per our discussion, the Department of Public Satety-Division of Adult Correçtion and Juvenile Justice, Juvenile Community Programs Section (DPS) is seeking  approval to replace the roof ini the upcoming months.  Pursuant to the terms of the lease agreement (Section 4B), Lessor will not spend more than $25,000 in annual repairs. Ifany repair exceeds this amount and the County will not agree to repair, the State has the right to terminate the lease with a six (6) month written notice or earlier ift the repair makes the  premises uninhabitable.  Tot that end, DPS is seeking approval from the Macon County Manager and the Macon County Board of Commissioners to replace the roof at the Macon Co. Multi-Purpose Group Home at no expense to the county. Per Deputy Commissioner, William Lassiter DPS will cover all costs associated with the roof replacement. As shared during our conversation, the DPS Engineering Division will oversee all aspects of the required project and designate a Project Manager to ensure all work meets local and state building  code regulations.  1    lappreciate you bringing this matter to the attention of the Board of Commissioners at the November 8th  meeting. Hlook forward to hearing from you soon.  In the event you have questions, please do not hesitate to contact me via phonelemail.  Regards,  Venecia Carr, MPA  Juvenile Community Programs State Contracts. Administrator North Carolina Department of Public Safety Division of Adult Correction andj Juvenile] Justice 4212 Mail Service Center Raleigh, North Carolina 27699-4212 Office: 919.324.6397 Mobile: 919.208.0193 Fax: 919.715.2165 VenecaCarencpsgor www.ncdpsgoy  Email correspondence to andi from this address may bes subject tot the North Carolina Public Records Law and be disclosed tot third  authorized  state official.  may  parties by an  2    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: November 15, 2016 DEPARTMENT/AGENCY: Administration  SUBJECT MATTER: projects  Consideration of community club renovation  COMMENTS/RECOMMENDATION:  The County Manager will provide more information at the meeting.  Attachments Agenda Item 11F  Yes X No    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: November 15, 2016  DEPARTMENT/AGENCY: Human Resources SUBJECT MATTER: 2017 Holiday Schedule COMMENIS/RECOMMENDATION:  Please see the attached schedule, which as in years past follows the approved  North Carolina Office of State Human Resources schedule.  Attachments Agenda Item 11G  1 Yes  No    Macon County 2017 Holiday Schedule  Holiday  Observance Date January 2, 2017 January 16, 2017 April 14, 2017 May 29, 2017 July 4, 2017 September 4, 2017 November 10, 2017  Day of Work Monday Monday Friday Monday Tuesday Monday Friday Friday Monday, Tuesday and Wednesday  New Year's Day Martin Luther King, Jr.'s Birthday Good Friday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Christmas  November 23 & 24, 2017 Thursday &  December 25, ,26827    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: November 15, 2016  DEPARTMENT/AGENCY: Economic Development SUBJECT MATTER: Business Development Center Lease  COMMENTS/RECOMMENDATION:  Per Economic Development Director Tommy Jenkins, Major Display Inc., a designer, manufacturer and seller of electronic scoreboards, has just leased 15,000 square feet in the new TekTone building. However, they are in need ofadditional office space in the county's Business Development Center. The Economic Development Commission has agreed to lease Major Display Unit Ein the Business Development Center at the rate of $3 per foot or $288 per month). The lease, which would start on December 1, 2016, would be for one year with a 30 day opt-out by either party. The County Attorney is  preparing the necessary documents.  Attachments Agenda Item 11H  Yes  XNo    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: November 15, 2016 DEPARTMENT/AGENCY: Governing Board SUBJECTMATTER: Consent Agenda  DEPARTMENT HEAD COMMENTS/RECOMMENDATION: A. Minutes - Consideration of the minutes from the October 11, 2016 regular  meeting and the November 8, 2016 regular meeting.  B. Finance  Consideration of Budget Amendments #62 through #73, per  Attachment 12B. Attachment 12C.  C. Tax releases - Consideration of tax releases in the amount of $1,168.61, per  COUNTY MANAGER'S COMMENTSRECOMMENDATION:  Attachments X Yes Agenda Item 12(A), (B) and (C)  No    MACON COUNTY BOARD OF COMMISSIONERS  OCTOBER 11, 2016 MINUTES  Chairman Corbin called the meeting to order and welcomed those in attendance. All Board Members, the County Manager, Finance Director, County Attorney, members of the news media and interested citizens were ANNOUNCEMENTS: Chairman Corbin recognized Lynn Wight, the county's Assistant Information Technology Director, who asked the board to support "Go Blue Friday" for colon cancer awareness on October 21, 2016. She also noted that country artist Wade Hayes, a Stage 4 colon cancer survivor, would be in concert in Franklin on Saturday October 22nd. Chairman Corbin told Ms. Wright that the board members certainly support what you do." Also, to "clarify" some matters, Chairman Corbin said that if he is successful in his bid to become the state representative for House District 119, he will be sworn into office in Raleigh on January 11, 2017. He then explained that the board will need to hold a meeting on Monday, December 5th at which time the new or returning board members will be sworn in and a new chairman and vice chairman will be elected. The County Attorney suggested that the board simply recess its November regular meeting until December 5th at 6 p.m. MOMENT OF SILENCE: Chairman Corbin asked those in attendance to PLEDGE TO THE FLAG: Led by Commissioner Beale, the pledge to the flag  present.  observe a moment of silence.  was recited.  PUBLIC COMMENT: No one signed up to speak.  ADJUSTMENTS TO AND APPROVAL OF THE AGENDA: Upon a motion by Commissioner Beale, seconded by Commissioner Shields, the board voted  unanimously to adjust and approve the agenda, as follows:    To add an item under Old Business as Item #10D regarding the surveillance system at the Parker Meadows Recreational Complex, per To remove Item #11B (Agreement with Wolfe Reality Check) under New Toa add a "very, very brief" closed session per Item 14 in order to preserve To add a report from the Macon County Sheriff's Department as the new  the County Manager.  Business, per the County Manager.  the attorney/client privilege, per the County Attorney. Item #11C under New Business, per Commissioner Beale.  NCACC SAFETY AWARD: Charlie Eaton and Bob Carruth with North Carolina Association of County Commissioners (NCACC) Risk Management presented the county with the 2016 Liability & Property Pool Award in recognition of having the lowest number of vehicle claims per 100 vehicles among all large county members. Chairman Corbin accepted the award on behalf of the PUBLIC HEARING ON MACON COUNTY COMMUNITY TRANSPORTATION PROGRAM APPLICATION: Following some introductory remarks, Chairman Corbin called the public hearing to order at 6:15 p.m. as advertised. He recognized Macon County Transit Director Kim Angel and also noted that no one from the public had signed up to speak. Mrs. Angel explained that this was part of her department's annual process to apply for grant funding for the next fiscal year and she reviewed the changes in the application process and went over the anticipated amounts of state and local funding. She pointed out one change in the amounts that were published as part of the notice, noting that the total amount of administrative funding was increased from $189,531 to $207,516, which results in an increase in the 10 percent local share from $28,431 to $30,137. She went on to explain the capital and operating requests, and pointed out that the new overall total of local share funds would now equal $119,190. She answered questions from Commissioners Beale and Tate and the County Manager. Chairman Corbin asked one last time if there were any comments from the public, and hearing none, closed the public hearing. The County Attorney suggested that. the board members consider each resolution individually. Upon a motion by Commissioner Tate, seconded by Commissioner Beale, the board voted unanimously to approve the Public Transportation 5310 Program Resolution as presented, a copy of which is attached (Attachmentl) and is hereby made a part of these minutes. Upon a motion by Commissioner Tate, seconded by Commissioner Beale, the board voted unanimously to approve the Community Transportation Program Resolution (Section 5311) as presented, a copy of which is attached Attachment 2) and is hereby made a part of these minutes. Upon a motion by Commissioner Shields, seconded by Commissioner Tate, the board voted unanimously to approve the 5311 Designee Certification Form as presented, a copy of which is attached (Attachment 3 and is hereby made a part of these  county.    minutes. Upon a motion by Commissioner Beale, seconded by Commissioner Shields, the board voted unanimously to approve the Public Transportation Consolidated Capital Call for Projects Program Resolution as presented, a copy of which is attached (Attachment 4) and is hereby made a part of these  minutes.  COMMUNITY FUNDING POOL RECOMMENDATIONS:  Karen Wallace  presented the recommendations of the task force for the Community Funding Pool. Ms. Wallace said there were 22 grant requests totaling $153,719, and that the task force recommended funding 14 projects at a cost of $75,239, with the hope that the board would consider adding the additional $239 to its annual $75,000 allocation. She said the majority of the recommended projects were in the health and human services area and that the task force "had some difficult choices to make." She responded to questions from board members regarding two of the recommendations, which were for agencies in Jackson County, with Ms. Wallace explaining that the two (Mountain Mediation Services and the Blue Ridge Mountain Health Project) provided specific services in Macon County and that the money would go toward projects offered here. The Finance Director then asked about the total amount, saying that when she added up the recommended amounts for the 14 projects, she came to a total of $82,137, not $75,239. She went on to note that if the $6,898 allocation for Teen Challenge of the Smokies is "backed out," then the total returns to $75,239. Chairman Corbin asked Ms. Wallace if the task force wanted to "go back to the drawing board," and in response she asked the board to consider how it might utilize $100,000 in non-recurring funds from the state for these types of purposes. Following further discussion, the board' asked Ms. Wallace to "relook" at all of the projects and come back with a recommendation at the NOVEMBER REGULAR MEETING: Chairman Corbin explained to Ms. Wallace and the audience that the board's regular meeting in November would fall on Election Day (November 8). Because of that, he said the commission would not have a full agenda that night, and following a brief meeting, would likely recess CHARTERS OF FREEDOM MONUMENTS: Perry Snider with Foundation Forward, Inc. presented a PowerPoint presentation and a short video clip on the Charters of Freedom monuments. As an education project, Foundation Forward's goal is to "design and build a replica of the Charters of Freedom monument as exhibited in the National Archives Rotunda" in Washington, DC. The display includes copies of the Declaration of Independence, the Constituion and the Bill of Rights. The foundation seeks to have the display in a location that is central to the community with high visibility, high foot traffic and with easy access for school children. In providing details on the display, Ms. Snider said it is designed to last 300 to 500 years, and he provided examples of other locations, including one in Cherokee County, NC. He said the goal is to have  November regular meeting. No action was taken.  until the next Tuesday, the 15th.    one in every county in the United States in the next nine years. Commissioner Shields said he believed this is "very important" and something the board "should consider for our area." Responding to Commissioner Shields' questions, Mr. Snider reviewed items such as "letters of intent," the need for an advisory board and the location as well as the cost of the display, which he said was free to the county. Mr. Snider said one is being constructed in Jackson County now. Commissioner Shields made a motion to carry through with the letter of intent, but Mr. Snider said that could not be accomplished without a location. The County Attorney advised the board members to "get all the details together" and consider the letter of intent at the November regular BROADBAND DISCUSSION WITH PROVIDERS: Chairman Corbin explained that the board wanted to "have a public conversation" with the area's internet providers regarding the expansion of service within the county. With that in mind, representatives of Morris Broadband, Frontier Communications, Dnet and Balsam West attended the meeting to discuss the issues involved. This was prompted by the work of the county's planning board, which created maps. of the service areas in the county. During the lengthy, open discussion that followed, it became clear that the biggest obstacles to the expansion of service were the county's mountainous terrain and the cost of extending service to sparsely populated areas versus the return on investment that the service providers would have to make to put the necessary infrastructure in place. Chairman Corbin raised the issue of possible public/private partnerships to extend service, while Commissioner Beale said that the state's 20 westernmost counties are hit hardest by the lack of high-speed internet, which has become a necessity for businesses and students. The County Manager asked the providers what the county could do in terms of supplying information that could be used in the decision-making process regarding future expansions, outlining the county's Geographic Information System (GIS) capabilities. The board ended up directing the County Manager to continue working with the county's mapping department and the service providers to make available GIS maps that would aid in taking the next logical steps toward service expansion.  meeting. No action was taken.  Chairman Corbin declared a five-minute recess. Chairman Corbin called the meeting back to order.    MACON COUNTY BOARD OF COMMISSIONERS  NOVEMBER 8, 2016 MINUTES  Chairman Corbin called the meeting to order at 6:01 p.m. All Board Members, the County Manager, Deputy Clerk, County Attorney and two members of the news media were present. Following a brief discussion, and upon a motion by Commissioner Shields, seconded by Commissioner Beale, the board voted unanimously to recess the meeting until Tuesday, November 15, 2016 at 6 p.m. in the commission boardroom on the third floor of the Macon County  Courthouse, 5 West Main Street, Franklin, NC.  Derek Roland  Kevin Corbin Board Chairman  Ex Officio Clerk to the Board  Minutes 11.08.16 Page 1of1    MAÇON COUNTYI BUDGET AMENDMENT  Date:  10/17/2016  AMENDMENT! DEPARTMENT: HEALTH  (o2  EXPLANATION: To cover expensès associated with creating a new, cat room:  ACCOUNT 113840-417900 114380-575055  DESCRIPTION Fund Balance Appropriated Animal Control- Donation:  INCREASE $ 1,000.00 $ 1,000.00.  DECREASE  REQUESTED BYI DEPARTMENTHEAD. RECOMMENDED BY FINANCEOFFICER APPROVED BY COUNTY MANAGER ACTIONE BY BOARD OF COMMISSIONERS APPROVED AND BNTERED ON MINUTES: DATED  Pkue eunbile  CLERK    MACON COUNTY BUDGETA AMENDMENT AMENDMENT# DEPARTMENT EXPLANATION ACCOUNT  lo3  Permitting, Planning & Development  Appropriate:S1,682 generalfund! balance for carryforwardoff funds for computer purchase. Computer.was  ordered int the old fiscal year butr not receiyed, untilt the nèw fiscal year.  DESCRIPTION  INCREASE  DECREASE 1,682 1,682  113840 417900FUND! BALANCEA APPROPRIATED 114350 SEUSCOMPUTERSUPUES  REQUESTED! BY DEPARTMENT HEAD JaceMoren RECOMMENDED! BYF FINANCE OFFICER Besinthle  APPROVEDI BY COUNTY MANAGER ACTION BY BOARD) OF COMMISSIONERS APPROVED & ENTERED ON MINUTES DATED,  CLERK    MACONICOUNTYBUDGETAMENDMENT  October7,2016  AMENDMENT: # FROM. RINANCE DEPARIMENTE EXPLANATION: 113584:4410-04 11:5836:5500-05  SOCTALSERVICES Agwroraginlieien DESCRIPTION: DONATONSEMDEE HMDELLONGEVIINK  INCREASE: $330 $330  DECREASE:  EQUESTEDBYDEPARIMENTHEAD: ECOMMENDEDBYTINANCBOREICEK APPROVED: MCOUNIKMANAGER ACTONDYBOARDORCOMMSSIONIRS AVROVEDANDANTENEDOMMINUTESDAIED  CLERK    MACONICOUNTY RUDGEPAMENPMEND AMENDMENTH 45 FROM FINANCE DEPARIMENT EXPLANATION:  Ocober6,2016  SOCIALSERVICES DESORIPTION:  AMAAMISHEPAIS.Atbs and GenRurpose allocation  INCREASE $138 $ 138 $1,170 $878 $292  DECREASE  1435844889-02 SHRP -5831-5675-26 SHIPP 5831-5684-02 43584-4395-05 113584:4399:04  GenerPrpose GeneralPurpase SrCOutreach  REQUESTEDBYDEPADEPARTMENTHEAD RICOMMINDEDBYRNANCEOBRICEK APPROVEDEYCOUNTYMANAGER ACTONDYBOARDOPCOMMISSIONERS APPROMED. ANDENTERED: ONMINUTESDATED:  CLERK    MACON COUNTY BUDGET  Lb  AMENDMENT#  FROME DEPARTMENT EXPLANATIONE ACCOUNT 514076 513831-447240 614076-550001 514076-550201 514076-550203 514076-560205 514076-550206 514076-550207 514076-550701 614076-556005 514076-556031 514076-556034 514076-556035  John Fay HOUSING  NEW REVENUE OF $10,357  DESGRIPTION Duke WAP REVENUE  INCREASE 10,357 6,969 533 1,119 0 0 414 140 0 0 1,182 0 10,357  DECREASE:  Salary Medicare/FICA Hospitalization: Workman's Compensation Life Insurance Retirement- - General County 401K Computer. Supplles WAP Admin WAP Program Operations WAPHealth & Safety  0 0 0 0 0 0 0 0 0  Totall  REQUESTEDI BYL DEPARTMENTH HEAD RECOMMENDED BY FINANCE: OFFICER APPROVED! BYCOUNTY MANAGER ACIONEYEJARDORCOMMIESIONERS APPROVEDAND! ENTEREDIONI MNUTES DATED  da  CLERK    MACON-C COUNTYBUDGETAMENDMENT AMENDMENTE FROM: LindsayLeopard DEPARTMENT: Sheriff'sD Department EXPLANATION: Donations for Safe Kids:  67  ACCOUNT 38505-445404 113840-417900 114310-556054  DESCRIPTION. Macon County Safe Kids Donations $161.00 Fund Balance Appropriated Maconi County Safe Kids  INCREASE $100.00 $261.00  DECREASE  REQUESTEDI BY DEPARTMENTHEAD 1  RECOMMENDED BYFINANCEOFFICER Atunidble  APPROVEDBY COUNTYMANAGER ACTIONEYBOARDOECOMMIESIONERS APPROVEDANDENTEREDOMMINUTESDATED  CLERK    MACONCOUNIYBUDGET AMENDMENT  AMENDMENT! FROM: Seth Adams DEPARTMENT: 6120 ACCOUNT 11-3839-485000 I1-6120-569502  b8:  EXPLANATION: Move money from an insurance claim: into the 20171 budget.  DESCRIPTION INSURANCE SETTLEMENT CAPITAL EQUIPMENT  INCREASE 1,680.00 $11,680.00  DECREASE  REQUESTED BY DEPARIMENTHEAD. SE6 Gikn RECOMMENDED BY FINANCE OFFICER Aeuieter  APPROVEDBY COUNTY MANAGER ACTIONBY: BOARDOF COMMISSIONERS APPROVED ANDI ENTEREDONMINUTESDATED  CLERK  -     MACON COUNTY: BUDGET AMENDMENT  Date:  11/2/2016  AMENDMENT# DEPARTMENT: HEALTH.  tA  EXPLANATIONS AllocationofMedicaid Cost Settlement Money:  ACCOUNT 113511-438551 115110-556011 115110-558901 115110-556005 115110-559700 115110-555106 115111-569502 115146-555106 115155-559700  DESCRIPTION Medicaid Cost Settlement Admin- Operating Supplies Admin- Travel Admin- Computer Supplies Admin-Non Capital Admin- Contracted Services Operations- Capital  INCREASE $ 59,999.00  DECREASE  $ 2,500:00 $ 4,000,00 $ 6,000:00 $ 8,000:00 $. 3,500.00 $ 16,000.00  Healthy Comm. Contracted Services $ 15,000.00  Maternal Health- Non Capital  $ 4,999.00  REQUESTED: BY DEPARIMENTHEAD  RECOMMENDED BY  F  APPROVED BY COUNTY MANAGER ACTIONI BY BOARDOF COMMISSIONERS APPROVED. AND) ENTERED: ON MINUTESDATED  CLERK    MACON COUNTY BUDGET AMENDMENT  Date:  11/1/2016  AMENDMENT # DEPARTMENT: HEALTH  10  EXPLANATION: New Agreement Addendum for Regional Diabetes Program 8Counties Macon, Cleveland, Clay, Swain, Jackson, Graham, Haywood, Transylvania,  ACCOUNT 115153- 113511-  DESCRIPTION  INCREASE  DECREASE  Minority Diabetes Prevention Program $ 165,808,00 Minority Diabetes Prevention Program $ 165,808.00  REQUESTED BY DEPARTMENTHEAD RECOMMENDED: BY FINANCE OFFICER APPROVED: BY COUNTY MANAGER ACTION BY BOARDOFG COMMISSIONERS APPROVED, AND ENTEREDI ON MINUTES. DATED  A  CLERK    MACON COUNTY BUDGET AMENDMENT  Date:  11/2/2016  AMENDMENTH DEPARTMENT: HEALTH  71  EXPLANATION: Increased demand for flu vaccines  ACCOUNT 115145-565001 113511-:438528 113840-417900:  DESCRIPTION Flu Vaccine Program Fund Balance Appropriated  INCREASE $ 16,000.00  DECREASE $ 7,000.00  Disease Control- Flu Vaccine Program $ 9,000.00  REOUESTED BYJ DEPARTMENTHEAD. RECOMMENDED BYE FINANCEOFFICKK APPROVED: BY COUNTYMANAGER ACTION.BY BOARDOFI COMMISSIONERS APPROVED, AND ENTEREDONI MINUTES DATED  Fhe  CLERK    -  MACON COUNTY BUDGET  72  AMENDMENT# FROMB DEPARTMENT:  John Fay HOUSING  EXPLANATION: increase ini funding as per Duke MOU:2015-2200  ACCOUNT 514074 514074-550001 514074-550201 514074-550203 514074-550204 514074-550205 514074-550206 514074-550207 514074-550701 514074-566021 514074-569520  DESCRIPTION DUKE HELPING HOMES HVAC  INCREASE 1,477 113 164 0 0 0 0 0 64,600 1,646 68,000 0 0  DECREASE 0 0 0 0 0 0 0 0 0 0 0 0  Salary Medicare/FICA. Hospitalization Unemployment Insurance Workmens Compensation: Life Insurance Retirement General County 401 K. Program. Expenditures Administration  928319E/2912*4 AHP Gront HVRC  Total 68,000  REQUESTEDI BY DEPARIMENTHEAD RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNTYMANAGER ACTION BY BOARDOF COMMISSIONERS APPROVED. ANDENIEREDONMIONMINUIESDAIED  b - 40  CLERK    MACON3 COUNTYBUDGETA AMENDMENT AMENDMENT# DEPARTMENT EXPLANATION ACCOUNT  73  SpecialA Appropriations  ARPHESPIeeR expenditure forg grant-in-aid alocationrecelvedfrom: the State: of NC.  DESCRIPTION  INCREASE DECREASE. 100,000 100,000.  113850 445712NC GRANTAN-AD2017510 119200 575017NCC GRANT-IN-AID: 2017.51.0  REQUESTED BY DEPARTMENTHEAD. APPROVED. BY COUNTKMANAGER ACTION BYE BOARD OF COMMISSIONERS APPROVED & ENTERED: ON MINUTES. DATED:  RECOMMENDED: BY FINANCE OFFICER. ML  CLERK    ATE  Macon County Tax Office 5West Main Street Franklin, NC 28734  Phone: (828)349-2149 Fax: (828)349-2564 medowellgmaconncorg  TO: FROM: DATE: RE:  MACON COUNTYCOMMSSONERS Macon County Tax Office November 2, 2016 Releases for October, 2016  Teresa McDowell, Tax Collections Supervisor  Attached please find the report ofr releases for real estate that require your approval in order to continue with the process ofreleasing these amountsi from thet tax accounts. Please feel free to contact  me ifyou should have any questions. The report of releases is attached.  AMOUNT OF RELEASES FOR OCTOBER, 2016:  $1168.61    5e  Na e 000 o 90 00 d0 888 8 88  : 5 00  : . . 0 88 00 00 d0  o  :  10 . le : o : de 88 d0 888 0 88  o 888 d0 88 00 00  8 a  a  z ad  z  a    10 60 888 0000900 8888888    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: September 13, 2016 DEPARTMENT/AGENCY: Governing Board SUBJECTMATTER: Appointments COMMENTSRECOMMENDATION:  (A)Economic Development Commission (EDC) = The terms of John Mira-Knipple and David Hubbs expired earlier this year. Per Economic Development Director Tommy Jenkins, he has received applications from each seeking reappointment. If approved, each term would expire March 12, 2019. Copies of the applications are  attached.  Attachments 2 - Yes Agenda Item 13(A)  No    11/09/2016 14:48 8285249968  TEKTONE  PAGE 01/01  Application for Appointment to Macon County Authorities, Boards, Commissions and Committees The Macon County Board ofCommissioners believes all citizens should have the opportunity to Participate in governmontal decisions. The Board wants to appoint qualified, knowledgenble and dedicated people to serve on authorities, boards and committees. Ifyou have an interest in being considered for an appointment to any advertised vacanoy, please thoroughly complete the form below before the advertised doadline and choose from the following options.  Mail to: County Manager's Office 5 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 for: Macon County! EDC  Name John Mira-Knippel Address/1984V Widel Horizon Dr. Telephone: Home 8283424070 Occupation xeautiheVoePresident Business. Address 277Industrialf ParkRd. Email Address mknipeletektonenet  City Franklin  NCZip 28734  Work 8285249967  Briefly explain any anticipated conflict ofi interest you may have if appointed:  none  Educational Background MBA-L UNC Chapel Hill  Business and Civio Experiences/Skils: Leadership, public speaking, business develpoment Areas of) Expertise and Interest/Skills: sales, marketing, product development  List any Authorities, Boards, Commissions or Committees presently serving on:  Angel Medical Center BOD  =e  DATE:  4l6    PHEFOFA  Application for Appointment to Macon County Authorities, Boards, Commissions and Committees Thel Macon County Board of Commissioners believes all citizens should have the opportunity to Participate in governmental decisions. The Board wants to appoint qualified, knowledgeable and dedicated people to serve on authorities, boards and committees. Ifyoul have an interest in being considered: for an appointment to any advertised vacancy, please thoroughly complete the form below before the advertised deadline and choose from the following options.  Mail to: County Manager's Office 5 West Main Street Franklin, North Carolina 28734  or FAX to: 828-349-2400  Any Questions, please call the County Manager's Office at (828)349-2025  Name of Authority, Board or Committee applying for: Economi Developmat Commision  Name David Hwbbs Address 30 Peryst. Telephone: Home 725-371-1653 Occupation LWailer -Seleapeyed  civyEraakih  NCZip 28234  Work V28-371-1653  Business. Address 70 Pexry St. FrankliNC 25734 Briefly explain any anticipated conflict ofi interest you may have ifa appointed:  Email Address UGAe Educational Background Westcrn Carelia Business and Civic] Experiences/Skills: Grellunlon Gpo. Drake Galepeises Iace of Expertise and Interest/Skills:  Dauldehubbs.arg  alversily 3yeats  30+ yeurs d Managenent erperienect BmestNobleTuc.,; ONL Feleral  Areas  Fiberlet  K-pbhwd  Taternet Techmologies ano Fiber optic comectia'y List any Authorities, Boards, Commissions or Committees presently serving on:  Macon Cony Ecovonic Devclopnert Commissisn - ViteChalnen  plas  DATE: Lre/27/2016