04.10.12 BOC Agenda Packet

MACON COUNTY BOARD OF COMMISSIONERS

APRIL 10, 2012 AGENDA

1. Call to order and welcome by Chairman Corbin

2. Announcements 3. Moment of Silence

4. Pledge of Allegiance

5. Public Hearing(s) -- None

6. Public Comment Period

7. Adjustments to and approval of the agenda

8. Reports/Presentations

A. Update on FY 2012-13 budget process – County Manager B. Update on Adult Dental Program – Jim Bruckner

9. Old Business A. Discussion/consideration of proposed ordinance prohibiting

smoking and the use of other tobacco products within the

county’s parks system

10.New Business

11.Consent Agenda All items below are considered routine and will be enacted by one motion. No

separate discussion will be held except on request of a member of the Board of Commissioners.

A. Minutes of the March 13 meeting

B. Budget Amendments C. Tax Releases

12.Appointments A. Planning Board representative from the Town of Franklin

B. Report on upcoming appointments

13.Closed session A. Per G.S. 143-318.11(3), to preserve the attorney/client privilege

B. Per G.S. 143-381.11(5), with regard to property acquisition

14.Adjournment/Recess


AGENDA ITEM

MEETING DATE: April 10, 2012

DEPARTMENT/AGENCY: County Manager

SUBJECT MATTER: Update on FY 2012-13 budget process

DEPARTMENT HEAD COMMENTS/RECOMMENDATION:

As meetings with individual department heads are wrapping up, the County

Manager will provide an update on the budget process. A copy of the

budget calendar is attached for your information.

COUNTY MANAGER’S COMMENTS/RECOMMENDATION:

Attachments __XX Yes __ No

Agenda Item 8A

MACON COUNTY

FY 2012/2013 BUDGET CALENDAR

January 14, 2012 BOCC receives FY 2012/2013 budget calendar

February 17, 2012 Preliminary Budget Meeting with Department Heads

March 16, 2012 Departments complete line item budget input and

return hard copy requests and narratives.

March 21, 2012 Print line item budget report for County Manager

review.

March 26 – April 6, 2012 County Manager meetings with department heads as

needed.

April 16, 2012 Macon County Schools and outside agencies submit

budget requests.

May 8, 2012 Manager’s recommended budget presented to BOCC

with message; distributed to department heads, posted

on County webpage.

May 9, 2012 until Work Sessions with Board

June 5, 2012 at 6:00 p.m. Public hearing on the budget

June 12, 2012 at 6:00 p.m. Board adopts budget.


AGENDA ITEM


DEPARTMENT/AGENCY: Public Health

SUBJECT MATTER: Adult Dental Program


Health Center Director Jim Bruckner will provide an update on Adult Dental

Services at Tuesday’s meeting.


Attachments ____ Yes _XX No

Agenda Item 8B


AGENDA ITEM


DEPARTMENT/AGENCY: Governing Board

SUBJECT MATTER: Discussion/consideration of proposed ordinance

prohibiting smoking and the use of other tobacco products within the

county’s parks system


Attached is a copy of a draft ordinance that was presented to the board at its

March 13th

meeting and has since been reviewed and revised by the County

Attorney, who can share more details with you at the meeting on Tuesday.



Agenda Item 9A

1

ORDINANCE NUMBER ___________

AN ORDINANCE TO PROHIBIT SMOKING AND THE USE OF OTHER TOBACCO

PRODUCTS ON GROUNDS OF THE MACON COUNTY’S PARKS SYSTEM AND IN

BUILDINGS LOCATED IN THE MACON COUNTY’S PARKS SYSTEM

WHEREAS, according to the Centers for Disease Control and Prevention (CDC), tobacco use

and secondhand smoke exposure are leading preventable causes of illness and premature death in

North Carolina and the nation1; and,

WHEREAS, in 2006, the United States Surgeon General determined that secondhand smoke

exposure causes disease and premature death in children and adults who do not smoke; that

children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome

(SIDS), acute respiratory infections, ear problems, and more severe asthma; that smoking by

parents causes respiratory symptoms and slows lung growth in their children; and that scientific

evidence indicates that there is no risk-free level of exposure to secondhand smoke2; and

WHEREAS, tobacco is a recognized carcinogen in humans, and health risks associated with the

use of tobacco products include myocardial infarction, stroke, and adverse reproductive

outcomes3; and

WHEREAS, research indicates that, during active smoking, outdoor levels of secondhand smoke

may be as high as indoor levels and may pose a health risk for people in close proximity (such as

those sitting beside someone on a park bench or children accompanying a smoking parent or

guardian)4; and

WHEREAS, the Americans for Nonsmokers’ Rights Foundation reports close to 500

municipalities have eliminated exposure to secondhand smoke with 100% smoke free parks, and

100 municipalities have eliminated exposure to secondhand smoke with 100% smoke free

beaches5; and

1 Centers for Disease Control and Prevention, Smoking and Tobacco Use Fast Facts,

http://www.cdc.gov/tobacco/data_statistics/facts_sheets/fast_facts/#toll (last visited Oct. 7, 2010). 2 U.S. DEP’T OF HEALTH & HUMAN SERVS., THE HEALTH CONSEQUENCES OF INVOLUNTARY EXPOSURE TO TOBACCO

SMOKE: A REPORT OF THE SURGEON GENERAL 11 (2006),

http://www.surgeongeneral.gov/library/secondhandsmoke/report/index.html. 3 Id. at 12, 13, 15.

4 Neil E. Klepeis, Wayne R. Ott, and Paul Switzer, Real-time Measurement of Outdoor Tobacco Smoke Particles, 57

J. AIR & WASTE MGMT. ASS’N 522, 522 (2007); Neil E. Klepeis, Etienne B. Gabel, Wayne R. Ott, and Paul Switzer,

Outdoor Air Pollution in Close Proximity to a Continuous Point Source, 43 ATMOSPHERIC ENV’T 3155, 3165

(2009). 5 Americans for Nonsmokers’ Rights Foundation, Municipalities with Smokefree Parks Laws, http://www.no-

smoke.org/pdf/SmokefreeParks.pdf (last visited Oct. 7, 2010); Americans for Nonsmokers’ Rights Foundation,

Municipalities with Smokefree Beach Laws, http://www.no-smoke.org/pdf/SmokefreeBeaches.pdf (last visited Oct.

7, 2010).

http://www.cdc.gov/tobacco/data_statistics/facts_sheets/fast_facts/#toll

http://www.surgeongeneral.gov/library/secondhandsmoke/report/index.html

http://www.no-smoke.org/pdf/SmokefreeParks.pdf

http://www.no-smoke.org/pdf/SmokefreeParks.pdf

http://www.no-smoke.org/pdf/SmokefreeBeaches.pdf

2

WHEREAS, the CDC reports that smoking and smokeless tobacco use are almost always

initiated and established during adolescence, that most people who begin smoking during

adolescence are addicted by the age of 20, and that adolescent smokeless tobacco users are more

likely than nonusers to become adult cigarette smokers6; and

WHEREAS, everyday an estimated 3,900 young people between 12 and 17 years of age try their

first cigarette and an estimated 1,000 youth become daily cigarette smokers7; and

WHEREAS, children model adult behavior and benefit from positive models of non-smoking

behavior and positive reinforcement of healthy lifestyle messages through exposure to smoke

and tobacco free public areas8; and

WHEREAS, environmental organizations, including Keep America Beautiful, the Ocean

Conservancy, and NC Big Sweep, consistently report cigarette butts as a leading cause of litter9;

and

WHEREAS, children playing on the grounds of the County’s parks system and in buildings

located in the County’s parks system are more likely to ingest cigarette butts if they are discarded

and accessible10; and

WHEREAS, in 2008, American Poison Control Centers received over 7,000 reports of children

under the age of 6 being poisoned by contact with tobacco products11; and

WHEREAS, on January 2, 2010, “An Act To Prohibit Smoking In Certain Public Places And

Certain Places Of Employment,” North Carolina Session Law 2009-27, became effective,

authorizing local governments to adopt and enforce ordinances “that are more restrictive than

6 Centers for Disease Control and Prevention, Youth and Tobacco Use,

http://www.cdc.gov/tobacco/data_statistics/fact_sheets/youth_data/tobacco_use/index.htm (last visited Oct. 7,

2010). 7 Id.

8 Id. (stating that one factor associated with youth tobacco use is smoking by parents or guardians).

9 OCEAN CONSERVANCY, TRASH TRAVELS FROM OUR HANDS TO THE SEA, AROUND THE GLOBE, AND THROUGH

TIME 2010 REPORT 11 (2010),

http://www.oceanconservancy.org/images/2010ICCReportRelease_pressPhotos/2010_ICC_Report.pdf; NC Big

Sweep Keep North Carolina Clean, http://www.ncbigsweep.org/?page_id=17 (last visited Oct. 8, 2010); Litter in

America – Results from the Nation’s Largest Litter Study,

http://www.kab.org/site/DocServer/LitterFactSheet_CIGARETTE.pdf?docID=5182 (last visited Oct. 8, 2010). 10

Centers for Disease Control and Prevention, Ingestion of Cigarettes and Cigarette Butts by Children – Rhode

Island, January 1994-July 1996, MORBIDITY AND MORTALITY WEEKLY REPORT, Feb. 14, 1997, at 125-28,

http://www.cdc.gov/mmwr/preview/mmwrhtml/00046181.htm (stating that “ingestion of cigarettes and cigarette

butts by children aged less than or equal to 6 years resulted in minor toxic effects and occurred more frequently . . .

where cigarettes and cigarette wastes were accessible to children”). 11 Alvin C. Bronstein, M.D., Daniel A. Spyker, PH.D., M.D., Louis R. Cantilena, Jr., M.D., PH.D.,

Jody L. Green, PH.D., Barry H. Rumack, M.D., and Sandra L. Giffin, RN, BSN, MS, 2008 Annual Report of the

American Association of Poison Control Centers’ National Poison Data System (NPDS): 26th Annual Report, 47

CLINICAL TOXICOLOGY 911, 1039 (2009), http://www.aapcc.org/dnn/Portals/0/2008annualreport.pdf.

http://www.cdc.gov/tobacco/data_statistics/fact_sheets/youth_data/tobacco_use/index.htm

http://www.oceanconservancy.org/images/2010ICCReportRelease_pressPhotos/2010_ICC_Report.pdf

blocked::http://www.ncbigsweep.org/?page_id=17

blocked::http://www.kab.org/site/DocServer/LitterFactSheet_CIGARETTE.pdf?docID=5182

http://www.cdc.gov/mmwr/preview/mmwrhtml/00046181.htm

http://www.aapcc.org/dnn/Portals/0/2008annualreport.pdf

3

State law and that apply in local government buildings, on local government grounds, in local

vehicles, or in public places;” and

WHEREAS, the Macon County Board of Health, the Macon County Recreation Board, the

Highlands Board of Commissioners, and Macon County TRU Youth Advocacy groups have

recommended that the County adopt an ordinance to prohibit smoking and the use of other

tobacco products on grounds of the County’s parks system and in buildings located in the

County’s parks system; and

WHEREAS, the County of Macon is committed to protecting the health of individuals on the

grounds of the County’s parks system and in buildings located in the County’s parks system by

eliminating exposure to secondhand smoke; and

WHEREAS, the County of Macon is committed to protecting the health of children on and the

environment of the grounds of the County’s parks system and in buildings located in the

County’s parks system by eliminating the amount of litter caused by discarded cigarette butts;

and

WHEREAS, the County of Macon is committed to protecting the health of children by

providing an environment on the grounds of the County’s parks system and in the buildings

located in the County’s parks system that promotes healthy messages about refraining from

smoking and using other tobacco products; and

WHEREAS, the County of Macon provides support to employees and residents who want to quit

the use of tobacco products. Employees and residents are also encouraged to talk to their health

care provider about quitting, ask about appropriate pharmacotherapy available through their

health insurance plan or employee’s insurer, and use the free quitting support services of the

North Carolina Tobacco Use Quitline at 1-800-QUIT-NOW (1-800-784-8669); and

WHEREAS, the County of Macon wishes to minimize the harmful effects of tobacco use among

County employees and eliminate secondhand smoke exposure for employees and the public on

grounds of the County’s parks system and in the buildings located in the County’s parks system;

and

WHEREAS, this Board finds and declares that, in order to protect the public health and welfare,

it is in the best interest of the citizens of the County to adopt an ordinance prohibiting smoking

and the use of tobacco products on grounds of the County’s parks system and in buildings

located in the County’s parks system.

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the County of

Macon, North Carolina, that:

4

Section 1. Authority.

This ordinance is enacted pursuant to G.S. 130A-498 and 153A-121(a).12

Section 2. Definitions

The following definitions are applicable to this ordinance.

1. "County building". – A building owned, leased as lessor, or the area leased as lessee and

occupied by the Macon County.

2. “Employee”. – A person who is employed by the County of Macon, or who contracts with the

Macon County or a third person to perform services for the Macon County, or who otherwise

performs services for the Macon County with or without compensation.

3. “Grounds”. – An unenclosed area owned, leased, or occupied by the Macon County.

4. “Local health department”. – The district health department, public health authority, or

Macon Ccounty Hhealth Ddepartment, the jurisdiction of which includes the Macon County.13

5. “Parks System”. – any tract of land or body of water comprising part of the Macon County’s

parks, playgrounds, natural areas, recreation areas, trails and greenways, and streams or other

bodies of water.

6. “Universal ‘No Smoking and Use of Tobacco Products Prohibited’ Symbol” – Symbol

consisting of a pictorial representation of a burning cigarette and a tobacco product enclosed in a

red circle with a red bar across it.

7. “Smoking". – The use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any

other lighted tobacco product.

8. “Tobacco product”. – Any product containing, made, or derived from tobacco that is intended

for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed,

or ingested by any other means, or any component part or accessory of a tobacco product,

including but not limited to cigarettes; cigars; little cigars; cheroots; stogies; periques;

granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour;

Cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts; refuse scraps,

clippings, cutting and sweepings of tobacco; and other kinds and forms of tobacco. A tobacco

product excludes any product that has been approved by the United States Food and Drug

Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for

other medical purposes, and is being marketed and sold solely for such an approved purpose.

Section 3. Areas in Which Smoking and Tobacco Products are Prohibited

(a) Smoking and the use of tobacco products are prohibited:

(1) On Macon County grounds of the Macon County’s parks system.

(2) In Macon County buildings located in the Macon County’s parks system.

12

G.S. 130A-498 grants a County the authority to adopt and enforce ordinances that restrict or prohibit smoking.

However, the authority to regulate all tobacco products falls under the County’s general police power granted under

G.S. 153A-121(a). If the ordinance is going to regulate all tobacco products, it is necessary to include reference to

G.S. 153A-121(a) as authority for this action. 13

This term may be changed to reflect the specific health department under whose jurisdiction the County falls.

5

(b) Smoking and the use of tobacco products are prohibited on grounds of the Macon County’s

parks system and in buildings located in the Macon County’s parks system being used for private

events.

Section 4. Implementation Requirements

(a) The Macon County shall post signs that meet all the requirements in Section 5 of this

ordinance.

(b) The Macon County shall remove all ashtrays and other smoking receptacles from the

grounds of the Macon County’s parks system and buildings located in the Macon County’s

parks system.

(c) The person in charge of the grounds of the Macon County’s parks system or the

buildings located in the Macon County’s parks system, or his or her designee, shall direct a

person who is smoking or using a tobacco product in a prohibited area to cease and, if the

person does not comply, shall contact the Macon County Ssheriff’s Ddepartment (or specify

another appropriate law enforcement agency).

Section 5. Signage

The signs required by Section 4 must:

(a) State in English (optional: insert other languages here) that smoking and the use of

tobacco products are prohibited and include the universal “No Smoking and Use of

Tobacco Products Prohibited” symbol.

(b) Be of sufficient size to be clearly legible to a person of normal vision and be

conspicuously posted.

(c) Be posted at each entrance of the buildings located in the Macon County’s parks

system and in other locations within the buildings reasonably calculated to inform

employees and the public of the prohibition.

(d) Be posted on the grounds of the Macon County’s parks system in locations

and at intervals reasonably calculated to inform employees and the public of the

prohibition.

Section 6. Enforcement and Penalties

(a) Penalty for Violation. Following oral or written notice by the person in charge of an area

described in Section 3, or his or her designee, failure to cease smoking or using tobacco

products constitutes an infraction punishable by a fine of not more than fifty dollars ($50.00).

A citation may be issued by a sworn law enforcement officer. Conviction of an smoking

related infraction under this section has no consequence other than payment of a penalty, and

no court costs may be assessed.

(b) Additional sanctions for employees. In addition to any penalty under subsection (a),

employees of the County who violate this ordinance shall be subject to disciplinary action

consistent with the County’s human resources policies.

Section 7. Public Education

6

Macon County shall engage in an ongoing program to explain and clarify the purposes and

requirements of this ordinance to employees and citizens affected by it, and to guide operators

and managers in their compliance with it. In doing so, the County may rely upon materials and

information provided by the local health department.14

Section 8. Severability; Conflict of Laws.

If this ordinance or application thereof to any person or circumstance is held invalid or

unconstitutional by a court of competent jurisdiction, such invalidity shall not affect other

provisions or applications of the ordinance that can be given separate effect and to that end the

provisions of this ordinance are declared to be severable. Whenever the provisions of this

ordinance conflict with other ordinances of Macon County, this ordinance shall govern.

Section 9. Effective Date.

This ordinance shall be effective on (date) [note: to allow sufficient time for implementation, it is

recommended that the effective date be set between 30 and 90 days after the ordinance is

adopted]. ( The County should consider making an effective date that would assure that it has or

will receive the funding necessary to implement the Ordinance.)

Adopted this _____________ day of _______________________________, 2012.

, Chairperson

Macon County Board of Commissioners

ATTEST:

Clerk to Board of Commissioners

Approved as to Form: _________________ ___________ County

Attorney15

14

See footnote 14. 15

The Division of Public Health, Tobacco Prevention and Control Branch chose not to provide a provision in this

model ordinance related to the use of e-cigarettes in local government buildings or on local government grounds.

This is largely due to the lack of information about the effects of these products.

However, the FDA has recently taken action surrounding e-cigarettes. In an evaluation of samples of e-cigarettes,

the FDA found that these products contained not only nicotine but also detectable levels of known carcinogens and

toxic chemicals, including tobacco-specific nitrosamines and diethylene glycol, a toxic chemical used in antifreeze.

Memorandum from B.J. Westenberg, Deputy Director, CDER/OPS/OTR, Division of Pharmaceutical Analysis to

Michael Levy, Supervisor Regulatory Counsel, CDER, Office of Compliance Division of New Drugs and Labeling

Compliance (May 4, 2009), available at http://www.fda.gov/downloads/Drugs/ScienceResearch/UCM173250.pdf;

see also Press Release, United States Food and Drug Administration, FDA & Public Health Experts Warn About

Electronic Cigarettes (July 22, 2009), available at

http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm173222.htm. The FDA also noted that the

quality control processes for the manufacture of these products are either inconsistent or non-existent. Id. Thus, the

http://www.fda.gov/downloads/Drugs/ScienceResearch/UCM173250.pdf

http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm173222.htm

7

vapor omitted by e-cigarettes is potentially harmful to not only the users but quite possibly others around them.

There is also concern surrounding the ability to effectively enforce smoke-fee laws due to the similar appearance of

these products to traditional cigarettes. Thus, the branch will continue to monitor the FDA’s action regarding these

products, and will update this model if necessary.

For your reference, the following is a definition of e-cigarettes: Any electronic oral device, such as one composed

of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances,

and the use or inhalation of which simulates smoking. The term shall include any such device, whether

manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, or under any other product name or

descriptor. An e-cigarette does not include any product that has been approved by the United States Food and Drug

Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical

purposes, and is being marketed and sold solely for such an approved purpose.


AGENDA ITEM



SUBJECT MATTER: Consent Agenda


A. Minutes – Consideration of the minutes from the March 13

th meeting per

attachment 11A.

B. Finance – Consideration of budget amendment Number 160 per attachment 11B.

C. Tax releases – Consideration of tax releases in the amount of $462.82 per

attachment 11C. The supporting documentation is on file in the Deputy Clerk’s

office. Also attached is the Monthly Report on Macon County Ad Valorem Tax

Collection.


Attachments XX Yes No

Agenda Items 11A, 11B and 11C

Minutes

03/13/12 Page 1 of 6

MACON COUNTY BOARD OF COMMISSIONERS MARCH 13, 2012

MINUTES

Chairman Corbin convened the meeting at 6:00 p.m. All Board Members, the County Manager, Deputy Clerk, Finance Director, County Attorney, members of the news media and interested citizens were

present. ANNOUNCEMENTS: There were no announcements.

GIRL SCOUT PROMISE: Members of Girl Scout troops from throughout

Macon County led the audience in reciting the Girl Scout Promise. PLEDGE TO THE FLAG: Led by the Girl Scouts, the pledge to the flag

was recited.

GIRL SCOUTS CENTENNIAL PROCLAMATION: With permission from the other board members, Chairman Corbin moved to Item 8B on the agenda, and asked each of the commissioners to take turns reading

paragraphs from the Girl Scouts Centennial Proclamation, which they did. Upon a motion by Commissioner Kuppers, seconded by Commissioner Beale, the board voted unanimously to approve the

proclamation celebrating 100 years of Girl Scouting, a copy of which is attached (Attachment 1) and is hereby made a part of these minutes.

PUBLIC COMMENT: No one signed up to speak during the public comment period.

ADJUSTMENTS TO AND APPROVAL OF THE AGENDA: Upon a motion by Commissioner Kuppers, seconded by Commissioner Haven, the board

voted unanimously to approve the agenda as adjusted, as follows:

To add consideration of special recognition of some Macon County citizens as Item 10C, per Commissioner Beale.

To add an item regarding fire security at the Hudson Library as Item 10D, per Commissioner Tate.

To add discussion of furniture for the new Iotla Valley school under Item 10B, per the County Manager.

To add a report on the National Association of Counties (NACo) conference as Item 8E, per Commissioner Beale.

TOBACCO REALITY UNFILTERED (TRU) CLUB PRESENTATION: Staff members from Macon County Public Health and students from the

Minutes

03/13/12 Page 2 of 6

Tobacco Reality Unfiltered (TRU) Clubs in the school system addressed the board on the issue of tobacco free parks in the county. Dawn Wilde

Burgess, the Community Health Promotion Supervisor with the health department, explained that the county had received a $12,000 grant in

conjunction with this effort, but noted the money must be spent before May 31, 2012 or it reverts to the state. Seeing an opportunity to change a social norm, Mrs. Burgess explained that state law (General Statute

130A-498) allows local governments to adopt ordinances and policies to regulate smoking, with the goal of the TRU Clubs to have 100 percent tobacco free parks. Zee Keener, a TRU Club member, read an essay on

“Why We Should Have Tobacco Free Parks” and Kristy Sheldon, also a TRU Club member, shared her personal experiences with second-hand

smoke. Becky Barr, Population Health Section Administrator with the health department, told the board that $400,000 is available from a Community Transformation Grant that the state has chosen to make

available on a regional basis to target 11 priorities, one of which is aimed at tobacco free county government areas such as parks. Commissioner

Kuppers asked for a breakdown of the $12,000 grant, with health officials noting that the majority of it would be spent on signage. This was followed by discussion regarding a proposed ordinance that would

prohibit smoking and the use of other tobacco products on the grounds and in the buildings in the county’s parks system, with concerns expressed over how such an ordinance would be enforced. The County

Attorney pointed out that the ordinance would have to clearly specify the parcels that would be affected. Chairman Corbin suggested allowing the

County Attorney adequate time to research the matter, and, without objection from the board, tabled the item until the April regular meeting.

COOPERATIVE EXTENSION WORK PLAN: Macon County Cooperative Extension Director Alan Durden updated the board on the impact of the agency’s programs during 2011. When asked about trends in

agriculture, Mr. Durden noted that the growth areas are in small production (less than three acres) and in tailgate markets and more

organic products. He then introduced Kathy Kuhlman, the 4-H agent, who in turn introduced three members of the 4-H Youth Council (Savannah Bruun, Kacie England and Jacquelyn Bruun) who made

presentations to the board on the Cherokee Preservation Foundation Youth Council and on the developments at the archery range, which the

commissioners had supported last year by providing property for the range.

USDA SUMMER FOOD SERVICE PROGRAM: Crystal Nix with Macon Program for Progress (MPP) outlined plans for a summer food service program that would provide free lunches to children up to the age of 18.

Minutes

03/13/12 Page 3 of 6

Ms. Nix explained that MPP is the sponsoring agent and was not seeking county funding, but was hoping to increase community awareness and

support of the program, which served 4,577 meals last summer. She noted that food must be handed directly to the child, and the program

would operate from June 6th until the first day of school in August. Commissioner Beale suggested that Ms. Nix meet with Seth Adams, the county’s parks and recreation director, to discuss a method of dispersing

the meals, perhaps at the picnic shelter at the recreation park. NACO REPORT: Commissioner Beale and the County Manager gave an

update on the recent trip by county officials to the National Association of Counties (NACo) conference in Washington, D.C. with Commissioner

Beale pointing out the savings available through NACo’s Prescription Drug Discount Card Program. The County Manager explained that through the Secure Rural Schools (SRS) Program, 25 percent of the

funds from the sale of timber on national forest land came back to the county to be used for education, but that the program is up for

reauthorization. 911 CALL CENTER: Following discussion, and upon a motion by

Commissioner Tate, seconded by Commissioner Haven, the board voted unanimously to:

Award a bid to Interact Public Safety in the amount of $168,955.40

for the Computer Aided Dispatch (CAD) and Geographic Information System (GIS) at the 911 Call Center. Per the County

Attorney, General Statute 143-129.8 allowed the county to send out requests for proposals as opposed to formal bids, which allows

the county to consider factors other than price as part of its bid specifications. Under that statute, the county is to award the contract to the entity that submits the best overall proposal as

determined by the commissioners. The County Attorney also pointed out that the motion needs to include authorization for the

County Manager to sign the contract with Interact consistent with the specifications and presentation provided.

Award a bid to Whitley’s Communications in the amount of

$280,632 for the Voice over Internet Protocol (VoIP) radio console system at the 911 Call Center.

Approve Budget Amendment #147 (Attachment 2) for the E911 Fund in the amount of $529,345 for the CAD, GIS, VoIP console

and phone upgrade for the 911 Call Center, with the money coming from 911 fees, which must be spent on such items.

It was noted that the last major upgrade to the 911 Call Center took

place in 1999, and the new upgrade would take four to six months to complete.

Minutes

03/13/12 Page 4 of 6

Chairman Corbin declared a recess at 7:36 p.m.

Chairman Corbin called the meeting back to order at 7:50 p.m.

RESOLUTION CONCERNING TESTING OF WELLS FOR VOCs: Following discussion and an explanation from the County Attorney, and

upon a motion by Commissioner Beale, seconded by Commissioner Haven, the board voted unanimously to adopt the “Resolution of the Macon County Board of County Commissioners Concerning the Testing

of Wells for Volatile Organic Compounds (VOCs),” which requests that the state’s General Assembly consider an amendment to current law so

as to require testing for VOCs only when indicated and to provide that it is the responsibility of the local health department to ensure appropriate testing is conducted. A copy of the resolution (Attachment 3) is attached

and hereby made a part of these minutes, along with a letter to the local legislative delegation (Attachment 4) regarding this matter, which is also

made a part of these minutes. QZAB AND QSCB APPLICATIONS: Macon County Schools

Superintendent Dan Brigman explained that there are surplus Qualified Zone Academy Bonds (QZAB) funds as well as Qualified School Construction Bonds (QSCB) funds available from the state, and that he

was asking permission to “get in line” and apply for funding, but explained that this requires no commitment from the county at this time.

Upon a motion by Commissioner Haven, seconded by Commissioner Kuppers, the board voted unanimously to authorize the Macon County Board of Education to make applications for funding as follows:

QZAB funds of $1.5 million for Highlands School.

QSCB funds of $272,000 for Macon Middle School.

QCSB funds of $1.5 million for Union Academy.

QSCB funds of $56,000 for Franklin High School.

QSCB funds of $195,000 for Nantahala School.

FURNITURE FOR NEW IOTLA VALLEY SCHOOL: The County Manager

explained that there is a need for furniture for the Iotla Valley Elementary School, but also a question of how to pay for it. One alternative is to use funds left over from the Mountain View Intermediate

School project, with the approval of BB&T, and due to the timeframe for opening the new school in August, the new furnishings need to be

ordered now. Upon a motion by Commissioner Beale, seconded by Commissioner Haven, the board voted unanimously to authorize the County Manager to proceed as discussed, with a budget amendment

Minutes

03/13/12 Page 5 of 6

transferring funds between the two projects to be presented for the board’s consideration at its April regular meeting.

SPECIAL RECOGNITION FOR CRAWFORDS: Following comments by

Commissioner Beale, and upon a motion by Commissioner Haven, seconded by Commissioner Kuppers, the board voted unanimously to name the Macon County Senior Services center in honor of John L. and

Dorothy R. Crawford, with a formal ceremony to be held on April 27, 2012 at 2 p.m. at the senior center at 108 Wayah Street in Franklin.

HUDSON LIBRARY: Commissioner Tate provided the board with copies of a letter from Dale Sticka, the property representative on the Hudson

Library Board. The letter explained that the library’s security system, installed in 1984, is not up to code. Also included were copies of bids to replace/upgrade the security and fire system. Upon a motion by

Commissioner Kuppers, seconded by Commissioner Tate, the board voted unanimously to authorize the County Manager to pursue the low

bid from Custom Sound & Security, Inc. at a cost of $11,689.55 plus a $35-per-month monitoring charge.

CONSENT AGENDA: Upon a motion by Commissioner Beale, seconded by Commissioner Haven, the following items on the consent agenda were unanimously approved: Minutes – Approved the minutes from the

February 14th and February 28th meetings. Budget amendments – Approved the following budget amendments: #150 for the Department of

Social Services to allocate additional Adult Daycare funding of $10,974; #151 for the Department of Social Services to allocate $17,001 in additional Adult Daycare funding; #152 for the Housing Department for

contract modifications to allocate $117,005 in ARRA Weatherization revenue across several line items. (Revisions with corresponding numbers attached.) Tax releases – Approved tax releases in the amount

of $685.19. (A computer printout of releases is on file in the Tax Department and the County Manager’s office.)

DIALYSIS CENTER LETTER: Upon a motion by Commissioner Beale, seconded by Commissioner Kuppers, the board voted unanimously to

send a letter to Craig Smith, Chief of the Certificate of Need Section for the state Division of Health Service Regulation, supporting the certificate

of need application of DaVita, Inc., operating as Total Renal Care of North Carolina and doing business as Macon County Dialysis, to develop a new dialysis center in Franklin. A copy of the letter (Attachment 5) is

attached and is hereby made a part of these minutes.

Minutes

03/13/12 Page 6 of 6

APPOINTMENTS: Board of Equalization and Review – Upon the recommendation of Tax Administrator Richard Lightner and upon a

motion by Commissioner Haven, seconded by Commissioner Beale, the board voted unanimously to reappoint Rich Bankston, Dwight Vinson,

Bill Martin and Kevin Spivey to the Board of Equalization and Review for terms of one year each, and to appoint Bob Zoellner to a term of one year on the Board of Equalization and Review. Term of office for all five will

expire March 13, 2013. JOINT MEETING: The County Manager noted that it was the county’s

turn to host the joint meeting with the towns of Franklin and Highlands, with the meeting scheduled for April 19, 2012 at 6:30 p.m. at a location

to be determined. ADJOURN: Upon a motion by Commissioner Beale, seconded by

Commissioner Kuppers, the board voted unanimously to adjourn the meeting at 8:35 p.m.

_____________________________ ______________________________

Jack Horton, County Manager Kevin Corbin Clerk to the Board Board Chairman

MACON COUNTY BUDGET AMENDMENT

AMENDMENT # 160

DEPARTMENT: Finance

EXPLANATION: Approve budget amendment for the Iotla Elementary School furniture, hardware,

playground equipment, scoreboards, storage building, and HVAC testing/balancing.

ACCOUNT DESCRIPTION INCREASE DECREASE

464001-592010 FURNITURE/EQUIPMENT 477,311

464001-580900 CONSTRUCTION 19,500

463910-483100 INTEREST EARNINGS 85,461

464000-579000 CONTINGENCY 128,172

464002-579000 CONTINGENCY 229,460

464001-579000 CONTINGENCY 53,718

REQUESTED BY DEPARTMENT HEAD

RECOMMENDED BY FINANCE OFFICER

APPROVED BY COUNTY MANAGER

ACTION BY BOARD OF COMMISSIONERS

APPROVED AND ENTERED ON MINUTES DATED

CLERK


AGENDA ITEM



SUBJECT MATTER: Appointments


A. Planning Board representative from the Town of Franklin – The County

Manager has been informed that Derek Roland will replace Mike Grubermann as

the Town of Franklin’s representative on the Macon County Planning Board. Mr.

Grubermann had served on the county planning board since December of 2008.

B. Report on upcoming appointments – Please see the attached list of

appointments that are coming up for the board’s consideration. Further details

will be provided at Tuesday’s meeting.


Agenda Item 12A and 12B

Appointments for consideration -- April and May 2011Body Seats Term Current Member Exp. Date Notes

Open

1 Airport Authority 1 6 Gary Schmitt 6/30/2011

2 Board of Adjustment 4 3 Sue Waldroop 4/23/2011

Dwight Vinson 4/23/2012

Larry Stenger 4/23/2012 Letter/does not wish to be reappointed

Gary Drake 4/23/2012

3 Community 3 3 Bobbie Contino 3/1/2012

Funding Pool Sandy Vinson 3/1/2012

Frances Dewitt 3/1/2012

4 EDC 1 3 Joe Collins 9/15/2011 Town appointee?

5 Farmland Preservation 4 3 John McCall 5/31/2011

Rickie James 5/31/2011

Charles "Butch" Deal 5/31/2012

Larry Sheffield 5/31/2012

6 Health 1 3 Russell Stevenson 6/30/2011 engineer/current chairman

7 Jury Commission 1 3 Sue Waldroop 6/30/2011

8 Planning Board 2 3 Susan Ervin 4/23/2012

Mark West 4/23/2012

9 Recreation 2 3 Dennis Conley 7/15/2011

Tex Davis 7/15/2011

10 TDC - Franklin/Nantahala 3 3 Steven Rice 9/15/2011 check with Linda Harbuck on all 3

Vince West 9/15/2011 Nantahala representative

Laurie Richards 9/15/2011

11 TDC - Highlands 2 3 Helene Seigle 9/15/2011

Sabrina Hawkins 9/15/2011

12 Franklin Board 1 3 Janet Greene 1/31/2011 ETJ representative

of Adjustment

13 Watershed Review Board 6 3 Kathy Tinsley 1/1/2012

Robert Enloe 1/1/2012

Bobby Houston 1/1/2012

Jimmy Lowe 1/1/2012

Bob Zoellner 1/1/2012

Neville Bryson 1/1/2012 deceased


AGENDA ITEM



SUBJECT MATTER: Closed session


Per the request of the County Manager, a closed session to be held per G.S.

143-318.11(3), to preserve the attorney/client privilege and per General

Statute 143-318.11(5) for the purpose of discussing property acquisition.


Attachments __ Yes XX No

Agenda Item 13

Documents

04.10.12 BOC Agenda Packet