11.13.12 BOC Agenda Packet for iPad

MACON COUNTY BOARD OF COMMISSIONERS

NOVEMBER 13, 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)

6. Public Comment Period

7. Adjustments to and approval of the agenda

8. Reports/Presentations

(A) Read2Me Program – Brittney Parker (B) Economic Impact Study of Athletic Tournaments and

Recreation Facilities – Tommy Jenkins and Seth Adams (C) Consideration of additional recreation sites

9. Old Business

(A) Proclamation for Pancreatic Cancer Awareness Month (B) Release of sewer easement for William and Carolyn Boatwright

10. New Business

(A) Adult Dental Clinic 1) Resolution Exempting Architectural Design Project from the

Provisions of North Carolina General Statutes Section 143-64.31 – County Attorney

2) Approval of lease with C.J. Ramey – County Attorney and Jimmy Villiard

3) Approval of bids for equipment – Russell Stevenson and Jimmy Villard

(B) Mobile Repeater for Nantahala Volunteer Fire Department – Commissioner Tate

(C) Purchase of gas leak detection units for volunteer fire departments

(D) Refinancing of Lake Emory Road property by Macon Citizens Habilities, Inc. (MCH) – County Manager and County Attorney

(E) Revised contract for pool renovations – County Manager (F) Interlocal agreement for transfer of Cowee School – County

Manager (G) Policy for Voluntary Shared Leave Program – County Manager

and HR Director (H) Set special called meeting for Monday, December 3, 2012 at 6

p.m.

11. Consent Agenda – Attachment #11 (postpone) 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.

12. Appointments (postpone)

13. Closed session (if necessary)

14. Recess until Tuesday, November 20, 2012 at 6 p.m. in the commission boardroom on the third floor of the Macon County Courthouse, 5 West Main Street, Franklin, NC 28734


AGENDA ITEM

MEETING DATE: November 13, 2012 DEPARTMENT/AGENCY: Not applicable SUBJECT MATTER: Read2Me DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Per Chairman Corbin, Brittney Parker will address the board regarding the Read2Me program, a community-wide initiative to promote early literacy in pre-school aged children. COUNTY MANAGER’S COMMENTS/RECOMMENDATION: Attachments _____ Yes __X_ No Agenda Item 8A


AGENDA ITEM

MEETING DATE: November 13, 2012 DEPARTMENT/AGENCY: Economic Development SUBJECT MATTER: Economic Impact Study of Athletic Tournaments and Recreation Facilities DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Per Chairman Corbin, Macon County Economic Development Director Tommy Jenkins and Macon County Parks and Recreation Director Seth Adams will address the board regarding an economic impact study related to hosting athletic tournaments. COUNTY MANAGER’S COMMENTS/RECOMMENDATION: Attachments _____ Yes __X_ No Agenda Item 8B


AGENDA ITEM

MEETING DATE: November 13, 2012 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Consideration of additional recreation sites DEPARTMENT HEAD COMMENTS/RECOMMENDATION: The County Manager will provide details on this item at the meeting. COUNTY MANAGER’S COMMENTS/RECOMMENDATION: Attachments _____ Yes __X_ No Agenda Item 8C


AGENDA ITEM

MEETING DATE: November 13, 2012 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Proclamation for Pancreatic Cancer Awareness Month DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Following the board’s direction at the October 9th meeting, the County Manager has prepared a proclamation designating November 2012 as Pancreatic Cancer Awareness Month in Macon County. A copy of the proclamation is attached. COUNTY MANAGER’S COMMENTS/RECOMMENDATION: Attachments __X__ Yes ___ No Agenda Item 9A


AGENDA ITEM

MEETING DATE: November 13, 2012 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Release of sewer easement for William and Carolyn Boatwright DEPARTMENT HEAD COMMENTS/RECOMMENDATION: As the board members will recall, at the October 9th meeting, the commissioners voted to release a sewer easement on property belonging to Jeffrey and Evelyn Boatwright, as that easement was no longer needed. It has been brought to our attention that a similar easement on an adjoining property, belonging to William and Carolyn Boatwright, also needs to be released. COUNTY MANAGER’S COMMENTS/RECOMMENDATION: The County Attorney is preparing the appropriate resolution for the board’s consideration. Attachments _____ Yes __X_ No Agenda Item 9B


AGENDA ITEM

MEETING DATE: November 13, 2012 DEPARTMENT/AGENCY: Public Health SUBJECT MATTER: Adult Dental Clinic DEPARTMENT HEAD COMMENTS/RECOMMENDATION: There are three items associated with this matter, as follows:

(1) A resolution prepared by the County Attorney exempting the architectural design for this project from the provisions of state statute 143-64.31. A copy of the resolution is attached.

(2) Consideration of approval of a lease agreement with C.J. Ramey for space to house the clinic. The County Attorney is preparing that lease.

(3) Consideration of approval of bids for equipment for the clinic. A copy of the bid tabulation is attached. Board of Health Chairman Russell Stevenson and Jimmy Villard, the coordinator of health services for Public Health, will be in attendance.

COUNTY MANAGER’S COMMENTS/RECOMMENDATION: The present dental clinic is no longer adequate for the growing demand for this service. The funding to cover the cost of relocation and purchase of new equipment is from funds generated by the Health Department for these services. No county tax dollars are requested or required for this move. Recommend the board approve all three actions. Attachments __X__ Yes ___ No Agenda Item 10(A) – 1, 2 and 3

RESOLUTION EXEMPTING ARCHITECTURAL DESIGNPROJECT FROM THE PROVISIONS OF NORTH CAROLINA

GENERAL STATUTES SECTION 143-64.31.

WHEREAS, Article 3D of Chapter 143 of the North Carolina General Statutesestablishes a general public policy regarding procurement of architectural services; and

WHEREAS, North Carolina General Statutes Section 143-64.32 provides thatunits of local government may in writing exempt particular projects from the provisionsof Article 3D in the case of:

(a) proposed projects where an estimated professional fee is in an amount lessthan thirty thousand dollars ($30,000), or

(b) other particular projects exempted in the sole discretion of the Departmentof Transportation or the unit of local government, stating the reasonstherefore and the circumstances attendant thereto; and

WHEREAS, the estimated professional fees for architectural work for theimprovements project to the space leased or to be leased by Macon County for the AdultDental Clinic at 108 Macon Center, Franklin, NC 28734 is in an amount less than thirtythousand ($30,000) dollars.

NOW, THEREFORE BE IT RESOLVED BY THE BOARD OFCOMMISSIONERS OF THE COUNTY OF MACON that the architectural work forthe improvements project to the space leased or to be leased by Macon County for theAdult Dental Clinic at 108 Macon Center, Franklin, NC 28734 is hereby exempt from theprovisions of North Carolina General Statutes Section 143-64.31.

Adopted this ________ day of November, 2012.

________________________________Kevin Corbin, ChairmanMacon County Board of Commissioners

ATTEST:

(SEAL)

________________________________Clerk to the Board

Total BidDental Equipment

129,683.76

Dental Clinic Equipment for the Macon County Health Department

Bid No. 5110‐01 opened November 1, 2012 @ 3:00 p.m.

Henry Schein Dental

Patterson Dental Company

114,885.00


AGENDA ITEM

MEETING DATE: November 13, 2012 DEPARTMENT/AGENCY: Emergency Services SUBJECT MATTER: Mobile repeater for Nantahala Volunteer Fire Department DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Commissioner Tate will present a recommendation regarding the purchase of a mobile repeater for the Nantahala community. COUNTY MANAGER’S COMMENTS/RECOMMENDATION: Due to the inability to send and receive adequate radio transmissions in the Nantahala area, along with the inability to construct additional repeater towers, a study was made by county emergency services, and the solution to this issue appears to be to purchase a mobile repeater that will be at the site of any emergency, fire, etc. The county, in an effort to resolve this issue, has been asked to approve the purchase and installation of this mobile repeater. This could be a critical piece of equipment, as it relates to Macon County Emergency Communication Service. Recommend approval for the purchase and installation of this equipment. Attachments _____ Yes _X_ No Agenda Item 10B


AGENDA ITEM

MEETING DATE: November 13, 2012 DEPARTMENT/AGENCY: Emergency Services SUBJECT MATTER: Gas leak detection units for volunteer fire departments DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Per Emergency Services Director David Key, he is requesting that his department be allowed to purchase and distribute to each county volunteer fire department a new and improved gas monitoring device that does not require the type of recalibration the existing monitors do. COUNTY MANAGER’S COMMENTS/RECOMMENDATION: Several years ago, Macon County, through a homeland security grant, purchased and distributed to all county volunteer fire departments gas monitor devices. These older devices are required to be calibrated from time to time. This has become problematic for most of our VFDs, and as a result, these are not always available when needed. New technology is now in place that eliminates the need for recalibration of this type of device. The county, through its Emergency Services and Fire Marshall’s Office, has determined the need to have this valuable asset in place as it is essential for safety and appropriate response when the need arises. In light of this, I recommend the Board of Commissioners allow Emergency Services to purchase and distribute to each county VFD a new and improved gas monitoring device that does not require the recalibration as the old monitors do. Without availability of these units in the fire departments, the County Fire Marshal has to be called to each event to aid in this function. The cost of each monitor is approximately $350.00. There are eleven volunteer departments in Macon County.

Attachments _____ Yes __X_ No Agenda Item 10C


AGENDA ITEM

MEETING DATE: November 13, 2012 DEPARTMENT/AGENCY: Macon Citizens Habilities, Inc. SUBJECT MATTER: Refinancing of Lake Emory Road property DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Please see the attached letter from Jeannie Garrett, the executive director of Macon Citizens Habilities, for the details regarding the proposed refinancing. A number of related documents are also attached, including a letter from Fred Jones, who represents Macon Citizens Habilities; a letter from Joshua Owens with Macon Bank, and two subordination agreements. The County Attorney and the County Manager can provide further insight at the meeting. COUNTY MANAGER’S COMMENTS/RECOMMENDATION: Recommend approval of the new subordination agreement. Attachments ___X__ Yes ___ No Agenda Item 10D

This instrument prepared byFred H. JonesJones, Key, Melvin & Patton, P.A.61 East Main StreetFranklin, NC 28734

STATE OF NORTH CAROLINACOUNTY OF MACON

SUBORDINATION AGREEMENT

THIS SUBORDINATION AGREEMENT, Made and entered into this the 7 dayth

of November, 2012, by and between MACON COUNTY, a body politic and political subdivision

of the State of North Carolina, party of the first part and, MACON CITIZENS HABILITIES,

INC., f/k/a Macon Citizens for the Handicapped, Inc., a North Carolina corporation with a

principal place of business being at 205 Lake Emory Road, Franklin, Macon County, North Carolina

and MACON BANK, INC., with a principal place of business being at One Center Court, Franklin,

Macon County,North Carolina, parties of the second part;

WITNESSETH:

THAT WHEREAS, the said Macon Citizens Habilities, Inc., heretofore acquired

by deed from Macon County a certain tract or parcel of land described therein, said deed being dated

October 31, 1994, and being recorded in the Office of the Register of Deeds for Macon County,

North Carolina, in Book Q-20 at Pages 1553-1557; and

WHEREAS, said deed contained an express condition as to the use thereof, which

condition constitutes a condition subsequent, the violation of which shall cause an automatic

forfeiture and reversion of the title of the lands conveyed by said Deed to Macon County; and

WHEREAS, said Macon Citizens Habilities, Inc. desires to borrow from Macon

Bank, Inc. the sum of $247,000.00, and to secure the same by the execution of a Deed of Trust upon

said lands to Marcia Ringle, as Trustee; and

WHEREAS, the said Macon Citizens Habilities, Inc. can procure said loan only upon

condition that the condition subsequent set forth in the deed recorded in Book Q-20 at Pages 1553-

1557, the violation of which would cause a forfeiture of the title to said lands, be subordinated to the

lien of said proposed Deed of Trust; and

WHEREAS, Macon County has agreed to such subordination and has agreed to

execute this document to effectuate the same;

NOW, THEREFORE, said party of the first part, in consideration of the sum of Ten

Dollars to them in hand paid, does hereby contract and agree with said parties of the second part, that

the said Macon Citizens Habilities, Inc. may execute to Marcia Ringle, Trustee, a Deed of Trust upon

said lands to secure a loan from Macon Bank, Inc. in the sum of $247,000.00, and that said Deed of

Trust shall be a lien upon said lands superior to the condition subsequent set forth in the deed

recorded in Book Q-20 at page 1553-1557 above referenced, which condition runs to the benefit of

party of the first part; and to carry out said purpose, said party of the first part does release, remise

and forever quitclaim unto the said parties of the second part, their heirs and assigns, its title to and

lien upon said lands to the extent, but to the extent only that the condition subsequent now held by

it shall be subordinate to the Deed of Trust to Marcia Ringle, Trustee for Macon Bank, Inc. in the

sum of $247,000.00.

But it is expressly understood and agreed that except for such subordination, the

Condition Subsequent now running to the party of the first part, and all and singular of the terms and

conditions thereof, shall be and remain in full force and effect. The lands above referred to are more

particularly described as follows:

All of the lands, rights, privileges and easements and subject to alleasements, rights of way and reservations set forth in the deed fromMacon County as Grantor, to Macon Citizens for the Handicapped,Inc., d/b/a Macon Citizens Enterprises, dated October 31, 1994 andrecorded in Book Q-20 at Pages 1553-1557, Public Records of MaconCounty, North Carolina, to which deed as so recorded reference ishereby had.

It is specifically understood and agreed between the parties hereto thatin the event of the breach of said Condition Subsequent by MaconCitizens Habilities, Inc. and the resulting forfeiture and reversion oftitle to the lands above described to Macon County, then and in thatevent, the lien upon said lands in favor of Macon Bank, Inc. shallremain in full force and effect. Macon County shall have the optionof making the payments as called for by said Deed of Trust and Note,or upon the failure to make said payments, Macon Bank, Inc. mayforeclose its lien upon said lands and may sell the same inforeclosure, free and clear from the terms of said ConditionSubsequent.

IN TESTIMONY WHEREOF, the said party of the first part has caused these

presents to be signed in its name by its Chairman of the Board of County Commissioners, and its

corporate seal to be hereto affixed, and attested to by its County Manager, Ex Officio Clerk to the

Board of Commissioners of Macon County, all by authority of its Board of Commissioners duly

given, the day and year first above written.

MACON COUNTY

BY:______________________________________Chairman, Macon CountyBoard of Commissioners

ATTEST

___________________________County ManagerEx Officio Clerk to the Board

(OFFICIAL SEAL)

NORTH CAROLINAMACON COUNTY

THIS IS TO CERTIFY that on this day before me, VICTOR H. PERRY, Clerk of

Superior Court for Macon County, North Carolina, personally appeared KEVIN CORBIN, with

whom I am well acquainted, and who by me being duly sworn, says that he, the said KEVIN

CORBIN, is the Chairman of the Board of County Commissioners of Macon County, North

Carolina; and that JACK HORTON is the County Manager and Ex Officio Clerk to the Board of

County Commissioners of Macon County; that he knows the common seal of said county, and that

the name of the County was subscribed thereto by him, the said Chairman of the Board of County

Commissioners of Macon County, and the said common seal was affixed by the said JACK

HORTON, County Manager and Ex Officio Clerk to the Board of Commissioners of Macon County,

and that the said JACK HORTON signed his name in attestation thereto, all by order of the Board

of Commissioners of Macon County, and that said instrument is the act of Macon County.

Therefore, let said instrument with this certificate be registered.

WITNESS my hand and official seal, this the _____ day of November, 2012.

_______________________________Clerk of Superior CourtMacon County, North Carolina

This instrument prepared byFred H. JonesJones, Key, Melvin & Patton, P.A.61 East Main StreetFranklin, NC 28734

STATE OF NORTH CAROLINACOUNTY OF MACON

SUBORDINATION AGREEMENT

THIS SUBORDINATION AGREEMENT, Made and entered into this the 7 dayth

of November, 2012, by and between MACON COUNTY, a body politic and political subdivision

of the State of North Carolina, party of the first part and, MACON CITIZENS HABILITIES,

INC., f/k/a Macon Citizens for the Handicapped, Inc., a North Carolina corporation with a

principal place of business being at 205 Lake Emory Road, Franklin, Macon County, North Carolina

and MACON BANK, INC., with a principal place of business being at One Center Court, Franklin,

Macon County,North Carolina, parties of the second part;

WITNESSETH:

THAT WHEREAS, the said Macon Citizens Habilities, Inc., heretofore acquired

by deed from Macon County a certain tract or parcel of land described therein, said deed being dated

October 31, 1994, and being recorded in the Office of the Register of Deeds for Macon County,

North Carolina, in Book Q-20 at Pages 1553-1557; and

WHEREAS, said deed contained an express condition as to the use thereof, which

condition constitutes a condition subsequent, the violation of which shall cause an automatic

forfeiture and reversion of the title of the lands conveyed by said Deed to Macon County; and

WHEREAS, on or about November 3, 2003, said Macon Citizens Habilities, Inc.

(then Macon Citizens for the Hanidcapped, Inc.) borrowed from Macon Bank, Inc. the sum of

$100,000.00 in the form of a Revolving Line of Credit, which was secured by the execution of a

Deed of Trust upon said lands which was recorded at Book N-27, Page 940, Macon County Registry;

and

WHEREAS, a condition of the Revolving Line of Credit is that the condition

subsequent set forth in the deed recorded in Book Q-20 at Pages 1553-1557, the violation of which

would cause a forfeiture of the title to said lands, be subordinated to the lien of said Deed of Trust;

and

WHEREAS, Macon County has agreed to such subordination and has agreed to

execute this document to effectuate the same;

NOW, THEREFORE, said party of the first part, in consideration of the sum of Ten

Dollars to them in hand paid, does hereby contract and agree with said parties of the second part, that

the said Macon Citizens Habilities, Inc.(formerly known as Macon Citizens for the Handicapped,

Inc.) may execute a Deed of Trust upon said lands to secure a loan from Macon Bank, Inc. in the sum

of $100,000.00 as a Revolving Line of Credit, and that said Deed of Trust shall be a lien upon said

lands superior to the condition subsequent set forth in the deed recorded in Book Q-20 at page 1553-

1557 above referenced, which condition runs to the benefit of party of the first part; and to carry out

said purpose, said party of the first part does release, remise and forever quitclaim unto the said

parties of the second part, their heirs and assigns, its title to and lien upon said lands to the extent,

but to the extent only that the condition subsequent now held by it shall be subordinate to the Deed

of Trust for Macon Bank, Inc. in the sum of $100,000.00.

But it is expressly understood and agreed that except for such subordination, the

Condition Subsequent now running to the party of the first part, and all and singular of the terms and

conditions thereof, shall be and remain in full force and effect. The lands above referred to are more

particularly described as follows:

All of the lands, rights, privileges and easements and subject to alleasements, rights of way and reservations set forth in the deed fromMacon County as Grantor, to Macon Citizens for the Hanidcapped,Inc. d/b/a Macon Citizens Enterprises, dated October 31, 1994 andrecorded in Book Q-20 at Pages 1553-1557, Public Records of MaconCounty, North Carolina, to which deed as so recorded reference ishereby had.

It is specifically understood and agreed between the parties hereto thatin the event of the breach of said Condition Subsequent by MaconCitizens Habilities, Inc. and the resulting forfeiture and reversion oftitle to the lands above described to Macon County, then and in thatevent, the lien upon said lands in favor of Macon Bank, Inc. shallremain in full force and effect. Macon County shall have the optionof making the payments as called for by said Deed of Trust and Note,or upon the failure to make said payments, Macon Bank, Inc. may

foreclose its lien upon said lands and may sell the same inforeclosure, free and clear from the terms of said ConditionSubsequent.

IN TESTIMONY WHEREOF, the said party of the first part has caused these presents to

be signed in its name by its Chairman of the Board of County Commissioners, and its corporate seal

to be hereto affixed, and attested to by its County Manager, Ex Officio Clerk to the Board of

Commissioners of Macon County, all by authority of its Board of Commissioners duly given, the day

and year first above written.

MACON COUNTY

BY:______________________________________Chairman, Macon CountyBoard of Commissioners

ATTEST

___________________________County ManagerEx Officio Clerk to the Board

(OFFICIAL SEAL)

NORTH CAROLINAMACON COUNTY

THIS IS TO CERTIFY that on this day before me, VICTOR H. PERRY, Clerk of

Superior Court for Macon County, North Carolina, personally appeared KEVIN CORBIN, with

whom I am well acquainted, and who by me being duly sworn, says that he, the said KEVIN

CORBIN, is the Chairman of the Board of County Commissioners of Macon County, North

Carolina; and that JACK HORTON is the County Manager and Ex Officio Clerk to the Board of

County Commissioners of Macon County; that he knows the common seal of said county, and that

the name of the County was subscribed thereto by him, the said Chairman of the Board of County

Commissioners of Macon County, and the said common seal was affixed by the said JACK

HORTON, County Manager and Ex Officio Clerk to the Board of Commissioners of Macon County,

and that the said JACK HORTON signed his name in attestation thereto, all by order of the Board

of Commissioners of Macon County, and that said instrument is the act of Macon County.

Therefore, let said instrument with this certificate be registered.

WITNESS my hand and official seal, this the _____ day of November, 2012.

_______________________________Clerk of Superior CourtMacon County, North Carolina


AGENDA ITEM

MEETING DATE: November 13, 2012 DEPARTMENT/AGENCY: Parks and Recreation SUBJECT MATTER: Revised contract for pool renovations DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Please see the attached agreement between the county and Augusta Aquatics, Inc. regarding the renovations to the swimming pool at the Macon County Recreation Park. This contract is in the amount of $346,161, not the $338,500 total approved by the board at the October 9th regular meeting. COUNTY MANAGER’S COMMENTS/RECOMMENDATION: This new figure includes the required purchase of payment and performance bonds as stipulated in North Carolina purchase and contract laws, and in the exact amount in the lowest bid for this contract. Attachments ___X__ Yes ___ No Agenda Item 10E


AGENDA ITEM

MEETING DATE: November 13, 2012 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Interlocal agreement for the transfer of Cowee School DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Attached please find an interlocal agreement between Macon County and the Macon County and the Macon County Board of Education relating to the transfer of the old Cowee School from the school system to the county. Also attached is an executed resolution of the Macon County Board of Education to Declare Surplus the Cowee School Building. COUNTY MANAGER’S COMMENTS/RECOMMENDATION: Recommend approval – this has been reviewed by the County Attorney. Attachments ___X__ Yes ___ No Agenda Item 10F


AGENDA ITEM

MEETING DATE: November 13, 2012 DEPARTMENT/AGENCY: Human Resources SUBJECT MATTER: Voluntary Shared Leave Program DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Please see the attached proposal for a voluntary shared leave program to be used by county employees under certain circumstances. The County Manager and Human Resources Director can provide additional background information at the meeting. COUNTY MANAGER’S COMMENTS/RECOMMENDATION: An ongoing need has arisen that can be resolved to some extent by adoption of this amendment to our personnel policy. I believe this is a reasonable and fair approach in dealing with major illness and/or injury to an employee (or their immediate family member) when loss of work will surely add to the existing burden of a severe medical condition. Recommend approval. Attachments ___X__ Yes ___ No Agenda Item 10G

Proposed Macon County Policy for a Voluntary Shared Leave Program

Administering Office: Human Resources

Any employee may donate leave to an employee who has been approved to receive voluntary shared leave because of a medical condition of the employee or of a member of the employee's immediate family that will require the employee's absence from work for a prolonged period of time.

The following provisions govern the scope and operations of the voluntary shared leave program for Macon County employees.

A. PURPOSE

To permit voluntary sharing of vacation or sick leave among county employees for the benefit of employees who exhaust all their earned leave due to serious and prolonged medical conditions. An immediate family member may donate annual or sick leave to another immediate family member. A non-family member may donate only annual leave to another employee.

B. SCOPE

This policy applies to all county employees in leave-earning positions, both subject to and exempt from the State Personnel Act.

C. POLICY

In case of a serious and prolonged medical condition, an employee may apply or be nominated to become a recipient of leave transferred from other employees.

The intent of this policy is to allow one employee to assist another who is experiencing a serious, prolonged medical condition. The policy is not intended to apply to incidental, routine, or short-term medical conditions.

Eligibility for participation depends upon there being a medical condition which will cause an employee to be absent from work for a prolonged period of time (typically 20 consecutive workdays); the absence will be the result either of personal illness or of caring for an immediate family member; and the employee will incur substantial loss of income due to limited accumulation in his/her leave account.

The use of vacation or sick leave on a shared basis for any purpose other than that specified by this policy is prohibited.

Establishment of a leave "bank" for use by unspecified employees is prohibited.

An employee may not directly or indirectly intimidate, threaten, or coerce any other employee for the purpose of interfering with any right which the latter may have with respect to donating, receiving, or using vacation or sick leave under this program. Such action by an employee shall be grounds for disciplinary action up to and including dismissal on the basis of detrimental personal conduct. Individual leave records are confidential, and only individual employees may reveal their transfer or receipt of leave. The donor is not permitted to receive remuneration for the leave transferred.

An eligible employee may apply or be nominated by a fellow employee for participation in the program. The non-relative employee donor will not be allowed to transfer annual leave when the result

of such transfer will exhaust that employees annual leave to less than 40 hours. The Human Resource Director and the County Manager will approve or disapprove participation by employees from their respective departments.

Participation in the shared leave program, either as donor or recipient, is subject to limitations with respect to eligibility, minimum and maximum transfers, type of leave transferred, verification of medical condition, and disposition of unused leave, among others. These requirements, as well as procedures and forms for the shared leave program, are available upon request at the Macon County Human Resources Office.


AGENDA ITEM

MEETING DATE: November 13, 2012 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Special Called Meeting DEPARTMENT HEAD COMMENTS/RECOMMENDATION: North Carolina General Statute 153A-39 states (in part) that “On (1) The first Monday in December of each even-numbered year…the board of commissioners shall choose one of its members as chairman for the ensuing year, unless the chairman is elected as such by the people or otherwise designated by law. The board shall also at that time choose a vice-chairman to act in the absence or disability of the chairman.” Therefore, the board will need to call a special meeting for Monday, December 3, 2012 (presumably at 6 p.m.) in order for Commissioners Corbin and Tate and Commissioner-elect Paul Higdon to take the oath of office and for the election of the chair and vice-chair. In addition, the board could also consider other “organizational” matters such as approval of the 2013 regular meeting schedule and the examination of the official bond for public officials of Macon County. The December regular meeting of the board is scheduled for Tuesday, December 13 at 6 p.m. COUNTY MANAGER’S COMMENTS/RECOMMENDATION: Attachments _____ Yes __X_ No Agenda Item 10H


AGENDA ITEM

MEETING DATE: November 13, 2012 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Recess until Tuesday, November 20, 2012 at 6 p.m. DEPARTMENT HEAD COMMENTS/RECOMMENDATION: With the need to keep the regular meeting reasonably short, a number of items have been postponed until a continuation meeting is held, with the meeting planned for Tuesday, November 20, 2012 at 6 p.m. Among the items to be considered at that time:

Ordinance related to LeadsOnline Program for the Sheriff’s Department.

Resolution regarding turning lane at Wells Grove Road and Clarks Chapel Road.

USDA lease extension. Realignment of Macon County Schools Capital Outlay Program. Agreement with Dnet regarding installation of camera and

additional bandwidth. Presentation of draft agreement for Fontana Regional Library. Consent Agenda. Appointments. *Other items as needed – an updated agenda packet will be

provided. COUNTY MANAGER’S COMMENTS/RECOMMENDATION: Attachments _____ Yes __X_ No Agenda Item 14

Documents

11.13.12 BOC Agenda Packet for iPad