MINUTES  STATE OF NORTH CAROLINA COUNTY OF HENDERSON  BOARD OF COMMISSIONERS WEDNESDAY,JUNE 19,2024  The Henderson County Board of Commissioners met for a regularly scheduled meeting at 9:30 a.m. in the Commissioners' Meeting Room of the Historic Courthouse on Main Street, Those present were Chairman Rebecca McCall, Vice-Chair J. Michael Edney, Commissioner William Lapsley, Commissioner Daniel Andreotta, Commissioner David Hill, County Manager John Mitchell, Assistant County Manager Amy Brantley, Attorney Russ Burrell, and Clerk to the Alsop present were: DirectorofBusiness: and Community Development Christopher Todd, Finance Director Samantha Reynolds, Budget Manager/Internal Auditor Sonya Flynn, Budget Analyst Jennifer Miranda, County Engineer Marcus Jones, ChiefCommunications Officer Mike Morgan, A/V Technician Oscar Guerrero, Director of Facility Services Andrew Griffin, Project Superintendent Brian Cotton, Planner Liz Hanson, Tax Administrator Harry Rising, Planning Director Autumn Radcliff, Code Enforcement Director Matt Champion, DSS Director Jerrie McFalls, DSS Deputy Director Lorie Horne, Environmental Health Supervisor Seth Swift, Strategic Behavioral Health Director Jodi Grabowski, Human Resources Director Karen Ensley, Building Services Director Crystal Lyda, Fire Marshal Kevin Waldrup, Rescue Squad ChiefTim McFalls, EMS Operations Support Ben Applebaum, Soil and Water Director Jonathon Wallin, Sheriff Lowell Griffin, Parks and Recreation Director Bruce Gilliam, and Deputy Tracy Davis  Hendersonville.  Board Denisa Lauffer.  provided security.  CALLTOORDERDER/WELCOME  Chairman McCall called the meeting to order and welcomed all in attendance.  INVOCATION  John Mitchell provided the invocation. PLEDGE OF ALLEGIANCE  Commissioner Hill led the Pledge of Allegiance to the American Flag. RESOLUTIONSAND RECOGNITIONS 2024.072 Resolution of Appreciation - Amy Brantley  The Board was requested to adopt a Resolution of Appreciation for Amy Brantley. Amy Brantley will retire on June 28th, having been with Henderson County since November 30, 1999. During her tenure with Henderson County, she has served many roles, including Office Assistant, Deputy Clerk to the Board of Commissioners, Research and Budget Analyst, Budget Manager, and  Assistant County Manager.  Vice-Chair Edney read the Resolution aloud.  RESOLUTIONOFAPPRECIATION  AMY. BRANTLEY,ASSISTANT COUNTYMANAGER  Approved: July 17,2024    June 19, 2024  2  WHEREAS, Prior to working for Henderson County local government, Amy Brantley established her  career working as Deputy Clerk II- Recording for Boulder County, CO, and was soon promoted to Film Room Supervisor and then to Administrative Lead Technician and 1999. In this role, she served both the Human Resources Department and the Governing  WHEREAS, Amy Brantley was hired as an Office Assistant for Henderson County on November 30,  Body, and County; and  WHEREAS, In August 2001, Amy Brantley was promoted to Deputy Clerk to the Board for Henderson WHEREAS, In August 2006, Amy Brantley was promoted to Research and Budget Analyst; and WHEREAS, In March 2013, Amy Brantley was promoted to Budget Manager; and WHEREAS, In February 2014, Amy Brantley was appointed Assistant County Manager; and WHEREAS, During her time at Henderson County, Amy Brantley earned her Master of Public  Administration from Western Carolina University, became a Certified Budget and Evaluation Officer through the North Carolina Local Government Budget Association, Served and participated in the North Carolina Local Government Budget Association and with the North Carolina City and County Manager's. Association; and and Western Carolina University Alumni Association; and  WHEREAS, Amy Brantley has served on the Western Carolina University MPA Board of Directors WHEREAS, Amy Brantley has served the North Carolina Association of County Commissioners,  including the NC Property Tax Solution - County Collaborative Board of Directors and  the Resilience - Counties Strengthening NC's Food Ecosystem; and  WHEREAS, Amy Brantley has been the recipient of many awards, including Western Carolina  University's Outstanding MPA Student, NC City and County Manager's Association Assistant Manager oft the Year and NC Local Government Budget Association's. Jack  Vogt Lifetime Achievement Award; and citizens ofHenderson County; and  WHEREAS, Amy Brantley has selflessly provided invaluable service to the Board, employees, and WHEREAS, Amy Brantley will retire from her service to Henderson County and its citizens on NOW, THEREFORE, BE IT RESOLVED that the Henderson County Board ofCommissioners expresses their deep admiration for the experience and wisdom that Amy Brantley has brought to all of the positions that she has served SO well in with Henderson County. On behalfoft the citizens and staffof Henderson County, we appreciate and commend you on a job well done, Amy Brantley. In witness whereofl have hereunto set my hand and caused the seal oft the County of Henderson to be affixed.  June 28, 2024;  Approved: July 17,2024    June 19, 2024  3  Adopted this the 19th day of June 2024. infavor, and the motion carried.  Vice-Chair Edney made the motion to adopt the Resolution ofAppreciation) forAmy. Brantley. AlI voted  Chairman McCall presented the Resolution to Ms. Brantley.  Ms. Brantley thanked the Board and said it had been her pleasure to serve with them and all county John Mitchell said he and all county staff had benefited from Ms. Brantley's knowledge and expertise. He told Ms. Brantley that in her twenty-five: years with the county, she had undoubtedly "left this place  employees for sO many years.  better than she had found it."  2024.073 Resolution of Appreciation - Berkeley Mills Chairman McCall read the Resolution aloud.  RESOLUTIONOFAPPRECIATION BERKELEYI MILLS, BALFOUR,NC  WHEREAS, the original Balfour Mills was founded in 1924 and later purchased by Kimberly- WHEREAS, Kimberly-Clark Corporation was established in 1872 and is now a global WHEREAS, Berkeley Mills has established manufacturing facilities and has developed WHEREAS, Berkeley Mills has invested millions of dollars in facilities and production  Clark Corporation and renamed as Berkeley Millsi in 1946, and distributor of personal care products to over 175 countries, and innovative nonwoven products in Henderson County; and  expansions. Berkeley Mills has also created several jobs to benefit Henderson  County; and  WHEREAS, Berkeley Mills has partnered with numerous local non-profits and businesses, and WHEREAS, On June 1,2 2024, Berkeley Mills celebrated 100 years of quality service. NOW, THEREFORE, BE ITI RESOLVED that the Henderson County Board of Commissioners recognizes the commitment and legacy Berkeley Mills provides for our community. On behalfoft the citizens and staffofHenderson County, we commend Berkeley Mills and join in the celebration of 100 years of service to Henderson County. In witness whereoflh have hereunto set my hand and caused the seal of the County ofHenderson  has donated millions of dollars in funding as support; and  to be affixed.  Adopted this 19th day ofJune 2024.  Approved: July 17,2024    June 19, 2024  4  Chairman McCall made the motion to adopt the Resolution of Appreciation, for Berkeley Mills.  All voted inj favor, and the motion carried.  The Resolution was presented to Berkeley Mills Team Leader Fred Hart.  INFORMAL PUBLIC COMMENT  1. Leslie Carey wished everyone. a Happy Juneteenth. She referred to the Constitution and its language regarding rights and the need to provide citizens with education. She urged the Board to fully fund the Henderson County Public School budget request. 2. Rising Junior Ari Nichols talked of his brother, who is autistic, and the extra resources 3. Jack Gillette spoke in support of Public Education. He fears that the growth in homeschooling and private schools will contribute to the fragmentation of our society. 4. Deb Lyda spoke in support of public sewer expansion in the Edneyville Community. She listed key points of the benefits of gravity-fed sewer systems: environmental preservation, Public Health and Safety, and long-term cost efficiency. She was opposed to the City of 5. Joe Elliott provided a petition that was signed by 200+ citizens. He spoke about our three state legislators and their lack of support for the Public School system. He believed breakfast and lunch should be free for all students. He urged the Board to fully fund the 6. Mary Ellen Kusin spoke about the importance of School Social workers and urged the Board to fully fund the Henderson County Public School budget request. 7. Meredith Bremner said the County's schoolchildren rely heavily on teachers and school social workers to act as safe adults in their lives. She urged the Board to fully fund the 8. Ernest Mowell with the League of Women Voters believed that strong schools result in strong communities. He believed that spending more money on education may result in spending less on courts and jails in the future. He urged the Board to fully fund the  required to provide him with quality education.  Publicly taxed money should be used first for public education.  Hendersonville's forced annexation.  Henderson County Public School budget request.  Henderson County Public School budget request.  Henderson County Public School budget request. 9. Dianne Rhodes declined the opportunity to speak. 10. Don Ward was absent when called to speak.  11. Rhonda Mountain believed the excellent support staff at West Henderson High School assisted her special needs daughter in a successful high school experience. 12. Chris Walters spoke about the need to fund the public school system. 13. Mary Hardvall said: she wanted her taxes to support Henderson County Public Schools. She spoke about the importance of the free breakfast program and said the county is losing its teachers to counties that offer higher wages. She urged the Board to fully fund the 14. Melinda Lowrance: asked fora ai moment ofs silence inr remembrance ofthe loss ofcommunity member Crystal Cauley. She supported the cost-of-living increase fora all county employees 16. Dorothy Calloway did not support the additional $5 million in funds included in the  Henderson County Public School budget request. but did not support the school voucher program. 15.C Christopher Berg declined the opportunity to speak. Henderson County Public Schools budget request.  Approved: July 17,2024    June 19, 2024  5  DISCUSSION/ADJUSTMENT OF AGENDA  Vice-Chair Edney added Item M - Budget Amendment Transfer to Capital Projects Fund. Chairman McCall made the motion to approve the consent agenda with the addition discussed.  All voted inj favor, and the motion carried.  CONSENT AGENDA Approval of Minutes  Draft minutes were presented for Board review and approval for the following meeting:  June 3, 2024 - Regularly Scheduled Meeting  Motion:  Imove the Board approve the minutes ofJune 3, 2024.  Tax Collector's Report  The report from the Tax Collector was provided for the Board's information.  Henderson County Annual Bills (Real and Personal Property):  2023 Beginning Charge: $99,218,816.55 Discoverics & Imm. $216,128.76 Relcases &I Refunds: ($304,626.53) Net Charge: $99.130.318.78 Unpaid Taxes: $745,830.20 Amount Collected: $98,384,488.58 Net Charge: $6,983,731.33 Unpaid Taxes: $22.180.32 Amount Collected: $6,961,551.01 Henderson County FY24 Budget Analysis: Budget.Ordinance Ad Valorem: $97,695,412.00 Prior Years: $1,041.250.00 Budget' Total: $98,736,662.00 FuvOdne RevemeCollecle $20 Motion:  Unpaid 0.75%  Paid 99.25%  Henderson Countv Registered Motor Vehicles (As Collected by NCDMV):  99.68% Revenue Collected Ad Valorem: $105,346,039.59 Prior Years: $914,471.61 YTD Revenue: $106,260,511.20  Millions $100 $120  $40  $60  $80  Imove the Board approve the Combined Release! Refund. Report as presented.  2023.074 Pending Releases and Refunds  The Assessor reviewed the pending releases and refunds and concluded that these findings were These pending release and refund requests were submitted for the approval by the Henderson  ino order. Supporting documentation is on file in the County Assessor's Office.  County Board of Commissioners.  Type:  Amount: 748.94 $200.52  Total Taxes Released from the Charge Total Refunds as a result oft the Above Releases  Approved: July 17,2024    June 19, 2024  6  Motion:  Imove the Board approve the Combined Release/Refund Report as presented.  Henderson County Communications Policy  The staff has been in the process of reviewing policies and procedures included in the County's Administrative Manual to ensure compliance and that all policies are up to date. At the April 1, 2024 meeting, the Board authorized Staff to rescind Tab 26 - Television Cablecast Policies and Procedures and Tab 38 Internet Broadcasting Policies and Procedures, and to incorporate information contained within into Tab 37- Communications Policy to streamline the location of  this information.  The revised Communications Policy was presented to the Board for adoption.  Motion:  Imove the Board adopt Communications Policy as presented.  2024.075 MOU with NCDHHS for Social Service Programs  Session Law 2017-41 requires all counties to enter into an annual written agreement with the Department of Health and Human Services (DHHS) for all social services programs, excluding DHHS provided a Memorandum of Understanding between DHHS and Henderson County effective for FY 24-25 and FY 25-26, which was provided for the Board'sconsideration.  medical assistance (Medicaid).  Motion:  Imove the Board adopt the MOU as presented and authorize the Chairman to  sign the MOU on behalfof the Board.  HCCBG FY25 County Funding Plan Recommendations  The Home & Community Care Block Grant is a State/Federal program administered at the local level. Each year, the Board of Commissioners is required to adopt a Funding Plan for the Home & Community Care Block Grant for Older Adults and identify the lead office or agency The Home & Community Care Block Grant funding amount for FY25 is $863,502, an increase of $19,209 from FY24. The proposed Funding Plan supports the service priorities identified for the  responsible for coordinating the County Funding Plan.  current planning cycle. Motion:  Imove the Board appoint the County Manager's office as the Lead Agency and  approve the proposed. FY25 Funding Plan.  Home & Community Care Block Grant = FY24 Funding Reallocations /1 Rate Change At the Board ofCommissioners' meeting held on June 5, 2023, the FY24 County funding plan for the Home & Community Care Block Grant (HCCBG) was approved. Since then, DSS has negotiated: al lowerr rate fort the financial services provided by GTFinancial for FY24. Additionally, at this time in the fiscal year, some areaj providers have been identified as being overspent in certain  categories while others have not utilized all theirallocated funding.  Approved: July 17,2024    June 19, 2024  7  Accordingly, the HCCBG Advisory Committee would like to recommend a rate change for GT Financial services from 1.00 to .90. This rate will be retroactive back to the beginning of FY24, which will allow for additional units of service to be completed. They would also like to  recommend the reallocation of unspent funding as follows:  DSS - move $12,422 in unspent funds for In-Home Aide Level I care to their  Consumer Directed Services programs  a. $9,562 for the Personal Assistant program b.$ $2,860 for the Financial Management program  Premier Home Health Care - move $25,682 in unspent funds for In-Home Aide  Level III care to In-Home Aide Level II care  Motion:  Imove the Board authorize the Chairman to execute the HCCBG County Funding Plan County Services Summary and the County Funding Plan Provider Services  Summaries as presented.  2024.076 Budget Amendment = Capital Reserve Fund  On May 15, 2024, the Board approved a reallocation of funding for the state budget allocation, directed by the NC General Assembly pursuant to Session Law 2022-74, for local government The Board was requested to approve a budget amendment to return funding to the Capital Reserve fund for the lower tennis courts project and mowers purchased during FY2024. The revised funding for the state budget allocation was used to fund these projects, and the original allocation  projects to be used for public purposes.  from the Capital Reserve and General Funds is no longer needed.  Motion:  Imove the Board approve the Budget Amendment as presented.  2024.077 Budget Amendment - Transfer to Solid Waste Enterprise Fund  The Board was requested to approve al budget amendment, transferring $625,000 from the General  Fund to the Solid Waste Fund.  Motion:  Imove the Board approve the Budget Amendment as presented.  2024.078 Resolution Opioid Settlement Fund Expenditure Authorization  At the Board's August 16, 2023 meeting, the Board was presented with the Henderson County Strategic Plan for the Opioid Settlement Funds. The Board accepted the Strategic Plan on September 5, 2023. The necessary steps have been completed to unlock Option B and were approved to fund Option B strategies according to the NCACC Exhibit C worksheets. These strategies include Recovery Support Services, Prevention and Intervention, Evidence Based Addiction Treatment, Criminal Justice Diversion, and Recovery Housing Support.  Approved: July 17,2024    June 19, 2024  8  This request for authorization covers thirteen "Strategies" to address the plans outlined above. The Department of Strategic Behavioral Health will address the County's Strategic Plan while The Board must adopt a Resolution per the Memorandum of Agreement Between the State of North Carolina and Local Governments on Proceeds Relating to the Settlement of Opioid Litigation, which dictates the process for drawing from the Special Revenue Fund.  minimizing the need to request additional authorizations through FY25.  Motion:  Imove the Board adopt the Resolution authorizing the expenditures and revenues associated with the Opioid Settlement Fund [Fund 51J and. Strategic Behavioral Health for Fiscal Year 2025 to be effective following the adoption ofthe FY2024-  2025 Henderson County Budget.  Policy Use Exemption - Tourism Development Authority  The Henderson County Board of Commissioners was requested to allow the Henderson County Tourism Development Authority to host a hospitality event at the Henderson County Visitors To allow for this, the Board is requested to grant a one-time exemption to Rule 15 ofthe "Facility  Information Center.  Use Policy," " which prohibits alcoholic beverages on County property.  Motion:  Imove that the Board grant an exemption t0 the Counly Facility Use Policytoallow the Henderson County Tourism Development Authority to host a hospitality event  at the Henderson County Visitors Information Center.  Subrecipient Agreement - Opioid Settlement Funds Grant  At its December 4, 2023 meeting, the Board approved a Resolution for Opioid Settlement fund Expenditure Authorization, which included funding for Camp Glow, Inc., as part ofthe prevention The Board was requested to approve the Subrecipient Agreement with Camp Glow, Inc. in order  strategy.  to grant the funding. Motion:  Imove the Board approve the altached Subrecipient Agreement with Camp Glow, Inc.  2024.079 Budget Amendment - Transfer to Capital Projects Fund (Add on) The Board was requested to approve a Budget Amendment, transferring $2,500,000 from the General Fund to the Capital Projects Fund for property acquisition.  Motion:  Imove the Boardapprove the budget amendment as presented.  Approved: July 17,2024    June 19, 2024  9  Vice-Chair Edney, made the motion that the Board approve the consent agenda as presented. All  voted inj favor, and the motion carried. PUBLIC HEARINGS motion carried.  Chairman McCall made the motion to go into the Public Hearing. All voted in favor, and the 2024.080 Public Hearing for Conditional Rezoning Application #R-2024-01-C,Thet Orchards at Naples Rd Apartments, Regional Commercial (RC) to Conditional District (CD-2024-01) Rezoning Application #R-2024-01-C was initiated on April 1,2 2024, and requests that the County conditionally rezone approximately 10.07 acres of land from Regional Commercial (RC) to a Conditional District (CD-2024-01). The project contains all of PIN 9651-67-9318 with direct access to Naples Rd (SR1534). The Orchards at Naples Rd, LLC are the current property owners. The applicant was. Luis Graef. The agent for the application was. Jared DeRidder. The applicant was proposing a residential development with a total of 166 units within seven structures. The development is required tol be approved as a conditional rezoning due tot the number of multi-family units. Conditional rezonings allows for the Board of Commissioners to place conditions on the property to address community concerns and make the proposed development compatible with adjacent uses. As required by the LDC, a neighbor compatibility meeting was held on Thursday, May 2, 2024, in the King Street Meeting Room. A copy of the meeting report The Technical Review Committee (TRC) reviewed the application on May 7, 2024, and made a motion to forward the application to the Planning Board with conditions as discussed. A copy of The Planning Board reviewed the conditional rezoning request at its May 16, 2024, meeting and  was included in the agenda item.  the conditions required by the TRC may be found in the staff report. voted unanimously to forward a favorable recommendation.  PUBLIC NOTICE:  Before taking action on the application, the Board ofCommissioners must hold a public hearing. In accordance with $42-303 and $42-346 (C) ofthe Henderson County Land Development Code and State Law, notice of the June 19, 2024, public hearing regarding rezoning application #R- 2024-01-C was published in the Hendersonville Lightning on. June 5th and June 12th. The Planning Department sent notices oft the hearing via first-class mail to the owners of properties within 400 feet oft the Subject Area on June 3, 2024, and posted signs advertising the hearing on. June 3, 2024.  Rezoning R-2024-01-C The Orchards at! Rd. Naples Apartments  Public  Notice  Hearing  Legal Ad was published in the Hendersonville Lightning on June 5th and. June 12th The property was posted on. June 3rd Letters were mailed to property owners within 400 feet oft the Subject Area on June 3rd  Approved: July 17,2024    June 19, 2024  10  Conditional Districts  Application Summary Conditional Rezoning Request: R-2024-01-C Owner(s): The Orchards at Naples Rd, LLC Applicant(s): Luis Gracf Agent: Jared DeRidder Property Location: 399 Naples Rd PIN: 9652-12-2330 2024-01) Approximatcly 10.38acres  Conditional rezoning's are: Legislative decisions plani is allowed) those conditions  Requires as site-specific plan (only whati is ont the Thel BOC may require additional conditions oft the development. provided the developer agreest to Process provides protection to adjacent properties  Conditionally rezone from: al Regional Commercial (RC)Zoning District to a Conditional District (CD-  County Context - Orchards at Naples Rd R-2024-01-C  MIT  SubjectArea  LAURITPAEK  Subject Area County Border Major Roads  Approved: July 17,2024    June 19, 2024  11  Subject Area Map Orchards at Naples Rd R-2024-01-C  Subject Area Parcels Streams andF Rivers Streets  Property Owner: Orchards at Naples Rd, LLCA Applicant: Luis Graef Assessed Acreage: 10.07 Acres PIN: 9651-67-9318  CUNTY HENDERSONC  Current Zoning: Regional Commercial (RC) Requested Zoning: Conditional District (CD)  Zoning Map - Orchards at Naples Rd R-2024-01-C  R1  RG  Cities  Subject Area Parcels Streets County Zoning Regional Commercial (RC) Residential One( (RI) Cities Industrial(I)  R1  Approved: July 17,2024    June 19, 2024  12  2045 Comprehensive Plan Subject areai is located withint the Community Center character area thats states:" mixed- -use development isa alsoe encouraged. especially too offer multi-story units" (Part page 46) Where: Typicallv founda ati intersections ofs State Roads orthoroughfarest ina areasn nearr residential developmentt thatc canbes servedbyt thec commercial uses. (Thisp property 1sa accessedo offus25 andN Naples Rdandisw withine easya accesstol-26) Lses: Mixo ofhousing includings singie-t family homes, townhomes. anda apartments. (Thisp property, a proposeda apartment ftst thet mix ofhousing: andis surroundedbyr many varied uses including commercial, hght industry. residential. andeven Advent! Health! Medical Complex) ttility Access: Typically servedby watera and potentially sewer. (Thisp property 1SS servedbyt both water ands sewer) Other Plan Outcomes & Goals Connectivity Greater variety ofhousing options Increasedhousing: avatlabilty  Future Land Use! Map. Orchards at Naples Rd R-2024-01-C  Property Owner: Orchards atN Naples Rd, LLCA Applicant: LuisG Graef Assessed Acreage: 10.07 Acres PIN: 9651-6 67-9318 Currentz Zoning: Regional Commercial (RC)R Requestedz Zoning: Conditional District (CD)  ET4  Public Utilities The applicant is proposing connections to City of Hendersonville public water and MSD public: sewer The application included allocation requests tol both public utility providers  Utilities Map- Orchards at Naples Rd R-2024-01-C  Public  Property Owner: Orchards atN Naples Rd, LLCA Applicant: Luis Graef Assessed Acreage: 10.07A Acres PIN: 9651-67-9318 Current Zoning: Regional Commercial (RC) Requested: Zoning: Conditional District (CD)  Approved: July 17,2024    June 19, 2024  13 WGLA Engincering ORCHARDSAT NAPLES ROAD APARTMENTS     E    E5  E  C-200  Project Summary  166 multi-family units Mixture of 1-, 2-, and 3-bedroom units 7t total residential structures Six 3/4 split-story structures One 3-story structures  6garages spaces and. 3 dwelling units per structure  Amenities including clubhouse with mailroom, pool, dog park, 5' sidewalks, garbage collection, and area reserved for an Apple Country  Transit shelter  271 parking spaces with 7 ADA accessible spaces  26' wide drive isles 29.9% open space 10% common space  Approved: July 17,2024    June 19, 2024  14  Traffic Impact Analysis NCDOT requireda TIA due tot the number of trips the project would generate The: applicant submitteda TIA prepared by Mattern & Craig. Inc. on February 7. 2024 NCDOT accepted the TIA on April 4, 2024 Thea applicant will continue to work withl NCDOT ont the necessary improvements  WGLA        8 C-201  Conditional Rezoning's S Conditionsi required by thel LDC and additional conditions recommended for consideration andi requests madel by the TRC and Planning Board arel foundi ini the staff Public Input: There was none. motion carried.  2045 Comprehensive Plan Consistency  Ac draft resolution ofc consistency with the 2045 Comprehensive Plani isi included: as an attachment Thei resolution: addresses the consistency andi reasonableness witht the Community Center character area and other goals and outcomes oft the 2045 Comprehensive Plan  report.  Chairman McCall made the motion to go out of the Public Hearing. All voted inj favor; and the Vice-Chair Edney asked owner Luis Graef ift the living units in the proposed project would be affordable compared to surrounding areas. Mr. Graef said the monthly rent was expected to be $1400 for a 1-bedroom unit, $1600 for a 2-bedroom unit, and $1900 for a 3-bedroom unit. Commissioner Hill made the motion that the Board approve rezoning application R-2024-01-C to rezone the Subject Area to a Conditional District (CD-2024-01) based on the recommendations ofthe 2045 Comprehensive Plan, andwith any conditions stated in the staff report andadditional 2024.081 Public Hearing Resolution for Consistency with the 2045 Comprehensive Plan Chairman McCall made the motion to go into the Public Hearing. AlI voted in favor, and the  conditions as discussed. AIl voted inj favor, and the motion carried.  motion carried.  Approved: July 17,2024    June 19, 2024  15  RESOLUTION OF CONSISTENCY WITH THE 2045 COMPREHENSIVE PLAN WHEREAS, pursuant to N.C. General Statute $160D, Article 1, the Henderson County Board ofCommissioners exercises regulations relating to development within the County's  jurisdiction; and  WHEREAS, the Henderson County Board ofCommissioners (Board) adopted the Land Development Code (LDC) on September 19, 2007 and has amended the LDC to address new and  changing issues;  WHEREAS, the Planning Director and Planning Board provided recommendations WHEREAS, pursuant to N.C. General Statute $160D-601, the Planning Director provided the prescribed public notice, and the Board held the required public hearing on June  regardingthe proposed zoning map amendment with case #R-2024-01-C; and  19,2024; and  WHEREAS, N.C. General Statute $160D-605 requires the Board to adopt a NOW' THEREFORE, BE IT RESOLVED by the Henderson County  statement of consistency with the 2045 Comprehensive Plan;  Board ofCommissioners as follows:  1. That the Board reviewed the proposed map amendment (#R-2024-01-C The Orchards at Naples Rd Apartments) and determined that it is reasonable, in the public interest, and it is consistent with the 2045 Comprehensive Plan located  therein because:  The subject area is located within the Community Center character area, The Community Center character area encourages mixed-use The Community Center character area land uses include a mix of The 2045 Comprehensive Plan describes the need for additional types of The application will address connectivity that was identified as one of  development, especially multi-story units, housing, like apartments,  housing and to diversify housing choices, and the three outcomes in the 2045 Comprehensive Plan;  2. That the Board determines that the proposed map amendment provides for the sound administration of the LDC while balancing property rights and 3. That this Resolution shall be retained in the Office of the Clerk to the  promoting reasonablegrowth within the County; and  Board ofCommissioners. THIS, the 19th day of. June 2024.  Public Input: There was none.  Approved: July 17,2024    June 19,2024  16  Chairman McCall made the motion to go out of the Public Hearing. All voted in favor, and the Commissioner Lapsley made the motion to adopt the Resolution of Consistency with the 2045  motion carried.  Comprehensive Plan. All voted inj favor, and the motion carried.  DISCUSSION Social Worker Discussion  Cheryl Stuller, Guardian Ad Litem, provided information regarding school social workers. She explained that a Guardian Ad Litem is someone who is appointed by the judge to advocate for children who are in DSS custody. She said there are 22 schools in Henderson County and only eight social workers. She said there were an additional five social workers who were funded by Stimulus money from COVID. That grant has now expired, and she believed the Board to be in discussions about not funding those positions moving forward. She said those positions are needed in the schools now more than ever. She said families need help, and that was what the social workers do. She referred to the Henderson County Education website, which stated: The guiding principles are the success of a child is the result of a collaborative partnership of school, child, parents, and community. She said teachers and school social workers working in unison were instrumental inj providing services for Henderson County Students. She said school social workers Chairman McCall asked for clarification on the number of social workers in county schools. Ata previous meeting, Mr. Garrett stated there were fourteen, including the five added during COVID. Mr. Garrett commented from the audience, but his comments were not audible. Commissioner Andreotta said, "Cheryl, thank you for coming today. YouandIhad a conversation, and I have heard from a few folks; I think one of the first concerns is that if these folks are employees under the umbrella of the County DSS, their concern is they would find maybe mostly around an economic condition set of circumstances, etc., and would exercise power and pull a child away from the parents. That was a concern I heard. I checked with the county attorney and he has assured me that would not happen." Mr. Burrell said if that were to happen would be a violation ofNC law. Economic conditions cannot be al basis for abuse or neglect ofchildren or the Ms. Stuller stated that it was ai matter oftrust and' "I'ms sorry,ifyou: are working for the Department of Social Services, you cannot, um, there is a conflict of interest. And it's going to be hard for parents and children to trust somebody who is working for that department. It should be totally separate, and it is, and it should remain so, a totally separate job from DSS. AndIwork with both SO I'm telling you from experience that that is two different sets of expectations." Mr. Andreotta said, "What if there were a path for us to leave them at their assignments? The schools are still their assignments. But they could be employees of DSS because that would look atiti in part from the financial aspect. The other aspect I'm looking at is how much summer work these folks do when school is not in session.' ." Ms. Stuller said it was her understanding in talking to the social worker she has been working with that she, the social worker, was no longer  were liaisons and advocates for county school children.  dependency status of children.  employed.  Approved: July 17,2024    June 19, 2024  17  Mr. Andreotta said "I don't disagree that the focus in job duties are different or are specialized. We go to medical specialists for problems like that. Mr. Garrett, is the funding for this in part or whole included in any of the school budget requests?" Mr. Garrett outlined the budget request presented in both January and May as comprising two main components. The first focused on maintenance, aimed at sustaining operation at the 2023-2024 level into 2024-2025. Recognizing the upcoming changes, the School Board prioritized securing additional funds, reflected in the second part of the request. Specifically, there was a line item dedicated to maintaining five social worker positions. In discussing their budgetary needs, Mr. Garrett emphasized a dual approach; on one hand, maintaining current operations, and on the other hand, seeking to reinstate these critical positions. Andreotta said, "Just for clarity, what, ifany, are the duties ofthese individuals during the summer or are they sort of like a teacher." Mr. Garrett said these were ten-month positions, but it was very common for them to maintain communications and contact informally with their assigned kids or their representatives. Andreotta said, "It makes sense that ift the child needs a social worker for eight or ten months, they don'tgo out ofr need for the other two; Ig getit." Mr. Garrett said there were also some things that could be done in the summer with some different funding, "at-risk funding,' to have those workers come in ifneeded. Andreotta said, "I appreciate Cheryl coming; I wanted the public and those who are closest to these situations to have some peace and assurance that when economic struggles hit. AndIknowoften those lead to otheri issues and problems. But I want parents as they are working through that to at least have confidence that that alone would cause them to be on the bubble for having their kids in their care and custody. I think that was a big concern, and I hope that has been addressed. Ig guess this will probably come Chairman McCall asked DSS Director Jerrie McFalls how often DSS staff communicates with or assists with the Social Workers in the schools. Mrs. McFalls said there was communication on a daily basis while school was in session, DSS is absolutely involved. However, removing a child from the home requires a courtorder. Mrs. McCall said the social worker does not do all the work to provide all the needs of these families. DSS is involved at the request of the social worker. Mrs. McFalls explained howl DSS staff work alongside social workers to determine ifa child isat risk. She said staff work with families through situations that involve bedbugs, lack of food, or any other barrier, as the goal is to keep children with their families. Chairman McCall said she wanted to diminish the implication that DSS was the bad guy because DSS does a lot ofgood work Commissioner Lapsley and Mr. Garrett discussed different funding sources used for the existing social workers. Mr. Lapsley noted that school nurses and resource officers were paid for entirely with local funds. Chairman McCall clarified that every school has a nurse and an SRO that is After further discussion, Chairman McCall asked School Superintendent Mark Garrett toj provide justification that the five school social worker positions that were added during the COVID  back up in more budget or school budget conversations."  and is heavily supported by the Board of Commissioners.  funded by the county.  pandemic were still a need beyond the pandemic. VFW Building Project Update  Retired. Army Major Bob. Johnson, the Trustee for the Hendrix- Rhodes Post 5206 VFW, provided an update on the Wall of Honor project within the renovated VFW Building. Thej program began in March 2020, and to date, nineteen shadow boxes have been completed. He displayed six oft the shadow boxes for the Board and audience. He said the veterans on the wall served in WWII, the  Approved: July 17,2024    June 19, 2024  18  Korean War, the Vietnam War, the GulfWar, the Cold War, and the Global War on Terror. Army Air Corp, the Army, the US Navy, US Air Force, and the US Marine Corp. are all represented by veterans on the wall. The veterans range from Seaman Apprentice E-2 to Brigadier General 0-7. Seven deceased veterans are on the wall sponsored by their families. One ofthe significant awards included on the wall was the Distinguished Service Cross, which is second to the Medal ofHonor. A number of Silver Stars, Bronze Stars, Distinguished Line Crosses, and Purple Hearts. All shadow boxes include veterans with a connection to Henderson County who have had honorable service, active reserve, National Guard Service, or war or peacetime service. All awards and Mr. Johnson stated that the shadow boxes would be placed on the Wall of Honor once the VFW Building opened and that a public announcement would be made to ensure public awareness. Chairman McCall informed the audience that the VFW's ribbon cutting would be held on July 3,  badges have been certified by their service records.  2024, at 10:00 a.m.  2024.082 FY2024-2 2025 Budget Ordinance  The Board was requested to continue discussions regarding the FY 2024-2025 Budget. For the public's benefit, John Mitchell outlined the budget process, which began in January with ad day-long retreat where the Commissioners went through the budget line by line. The Board then went to work to draft that budget, and as required by general statute, a draft budget was posted on the county's website in early May. This was followed by the Budget Workshop in mid-May. He said the county has no money ofi its own; it all comes from the taxpayers. He believed the most important and sacred thing done by the Board ofCommissioners: is to decide where those resources go because they do come out oft the back pockets ofevery single property owneri in the county and also the people who generate sales tax. Hes said, "Thisi is thej public'smoney, the public'sresources, Amy Brantley said that based on discussions with the Board, some things had been added back to the budget, and in one case, there was a reduction. Aj position was added back in for the Sheriff's Office. There was some discussion about the. JCAR project, which lowered the debt service on that for next year. There was an increase to the Capital Reserve Fund to offset that and keep the debt service level as presented in the four-year plan. There were four things, in particular, the Board  and this is the public'shouse."  discussed that included:  The Tax administrator provided a new valuation for the county at the current tax rate that The Board decided to add back the reimbursement to the City of Hendersonville for the An additional $8,128 was added back after Budget Staff met with Dr. Terry Kelley in regard to salaries for Cooperative Extension employees. This is a state agency but the On May 31,Staffrecived the final allocation amount for thel Home and Community Block  generated an additional $197,296 in revenue.  School Resource Officers  county covers some oft the salary dollars. Grant, which is a pass-through" from the state.  Approved: July 17,2024    June 19, 2024  19  Ms. Brantley said the Board then held its public hearing on June 3rd and had additional budget discussions. At that time, Staff C believed they heard a consensus to do the following:  Transfer to Solid Waste to balance the budget. Add $7,500 for Pisgah Legal Services Add $1.5 Million to the Public Schools.  PILT money was added for Mills River and Gerton Fire Departments Add a new custodian position for Recreation to cover the VFW Building.  Ms. Brantley said following the above additions the fund balance remaining was slightly "in the hole." Staff was looking for the Board to continue their discussions ofhow to get to a balanced Commissioner Lapsley clarified that Ms. Brantley's statement that the "fund balance was in the hole" was not completely accurate; in fact, he said we were not "in the hole." That number represents a dip below the 12% policy that this Board has had. Ms. Brantley said that was correct and noted that the 12% fund balance isi important to the county's bond rating as the county goes to borrow for the JCAR project in May or June of 2025. Samantha Reynolds added that there are a number of factors that the bond agencies look at, and the part that involves the budget and how the county appropriate fund balance speaks to the strength oft the conservative financial decisions that the Board makes. She said this was al huge factor in determining the county'si interest rate. Chairman McCall said the school's systems budget was the biggest contingency and asked Mr. Mark Garrett to help clear up some information that was heard earlier. In looking at the request for $4.5 million in additional funding, Mrs. McCall noted that one of the items included was to increase the teacher's supplement by 1.5% and said she had asked to add the $1.5 million back to meet that need. The state had yet to adopt its proposed budget whichincludes an 8.5% payi increase A discussion followed regarding the number of teachers in the county and the various funding sources for those positions. During that discussion, Mr. Garrett noted that Henderson County Public Schools were receiving more applicants( for teachers) overall and better-quality applicants than in the previous two years and that Henderson County ranks fourth highest int the state ini regard Vice-Chair Edney clarified that the supplement was for all school staff, not just teachers. The percentage varies based on certified versus non-certified staff. He said ifthe school's priority was teachers perhaps the school board should rethink its policy on what percentages staff members receive from the supplement. Because the county gives HCPS the funds and leavesittot the schools to determine how to allocate those funds. Mr. Edney said ifthe county were to fund the schools at the rate they have asked the Board would have to raise taxes by $0.10. Mr. Garrett reiterated that their request was twofold, one to maintain and one for additional requests. Mr. Edney noted that HCPS had $5 million is their fund balance. Mr. Garrett said after what was budgeted this year there was a little over $2 million to make up that gap. That leaves them withj just over $5.2 million, and they would "dipi into that checkbook for whatever deficit they have for the coming year." He said they would like to keep at least two months ofoperating in fund balance just in case, and that for the schools, this equals approximately $4.61 million. Commissioner Edney questioned the need  budget following today's meeting.  for teachers.  to teacher retention.  Approved: July 17,2024    June 19, 2024  20  for the two-month operating expense due to funds the county provides to the schools every month. Commissioner Hill asked what the LGC required the schools to have in their fund balance. Mr. Garrett said there was no longer a required threshold of an amount that had to be kept in fund balance. There was a discussion about the coach's increase included in the request, and Commissioner) Hill and Chairman McCall agreed that the coach'si increase should bei included. Mr. Garrett clarified that any additional allocated funds would be used to decrease the amount that HCPS would have to use from its fund balance and not for any of the requests included on the list ofadditional needs, such as the coach'ss supplement/increase, etc. The school board'sp priority was Mr. Garrett said he believed it would be beneficial for school officials and the Board of Commissioners to have additional conversations throughout the year about the school's budget. This would provide a better understanding oft the school's budget request and the many variables Following a discussion about the school's operating fund balance and capital fund balance. Chairman McCall asked Mr. Garrett how the $4.6 million in the MRTS fund is spent versus the additional $1.5 million the county provides for proactive maintenance. Mr. Garrett said the $1.5 million is controlled by the HCPS as their Board approves those projects or projects are done internally depending on the price threshold. HCPS submits aj plan for the MRTS money for Board ofCommissioners approval. He added that those funds are housed and managed by the county. Vice-Chair Edney asked if there were funds in the MRTS fund balance. Mr. Mitchell stated that the fund contained $743,000. Commissioner Hill noted that MRTS was intended tol beat temporary project fund and needed to get caught up on maintenance projects that were overdue. He proposed that the Joint Facilities Committee meet to discuss and look at the comparison of projects that had been completed versus the study that was done in 2018 or 2019, and what future maintenance may Commissioner Andreotta agreed with all the questions and points that had been made and said the mosti interesting number to him today was: "HCPS being fourth best in the state with retention and ac direct quote from Mr. Garrett: "We don't have much turnover." He said he would love to see those two lines word for word verbatim in all the local media. Because that flies in the face of the Commissioner Andreotta stated the following: "there was a lot of noise made not long ago asking what are those commissioners thinking? We all need to get down there, and everybody add to their social media and such. Which is fine; we want to hear from the people. But if I'm the Director of the Parks and Rec, I'm thinking to myself, how do I get a fund balance? Because I'm acounty department just like the school system." He said, "IfI'm Bob and Martha Taxpayer, I say spend what I gave you and then come get more. And ifl'm coach, who has not had a raise in ten years, and I find out for the last 2-4 years you 2, 3, 4, 5 million dollars, I'm thinking, why haven'tlhad a raise in the last ten years." Mr. Andreotta said he was not in favor of going below the 12%. He added that, in his opinion, those funds are not kept solely for bond rating; that'sa a huge benefit. But, part oft the reason is that in the event something happens to one of the county's departments, there is money there to support that department. He said, "These facts shed a lot of light on what the last two- or three-week's narratives have been. Which is a shame because the public deserves to know, accurately and factually." He wanted to see the coaches get a raise but said the county could not go below the 12%, regardless ofwhat had tol be done. His position was "not to stockpile taxpayer dollars; let's use them as and when they are needed."  to maintain where they are now.  that affectit it.  be coming up: sO there would be a plan.  last two or three weeks of narrative."  Approved: July 17,2024    June 19, 2024  21  Vice-Chair Edney opposed using capital funds for recurring expenses, citing the school's fund balances ini its MRTS and Capital budgets, which were designated fori recurring expenditures. He proposed reducing MRTS by $1 million annually and reducing the school's capital by $500,000 to get to $1.5: million. The school would use its fund balance for the other $500,000. Additionally, he suggested allocating $1 million in new: funding to HCPS, allowing the school system to address additional needs as they see fit. He believed that his proposal would maintain the county's fund Mr. Garrett said that before returning to his seat, he would like to address Commissioner Andreotta's point. He felt it crucial to clarify that the school system does not solicitindividualsto come to the Commissioners' meeting and speak. Commissioner Andreotta referenced the school board's previous meeting, during which al board member expressed the need to attend and address the commissioners directly about what they think is important. Mr. Garrett invited Mr. Andreotta Mr. Garrett acknowledged the challenges faced by the school system, emphasizing their lack of control over revenue. He underscored Henderson County's significant contributions to public education, affirming his commitment to transparency. "You can always expect honesty from me," he asserted, outlining the budget's purpose and needs clearly. "Ultimately, it's your decision," he concluded, acknowledging the complexities of managing such a substantial budget. Chairman McCall suggested that perhaps county budget staff and HCPS staff meet to review financial figures to better understand the rationale behind budget requests. Mr. Garrett said that the two entities need to meet more often than twice a year at budget time. Mrs. McCall emphatically agreed and said they should aim to meet quarterly at the very least. As a point of order and to clarify the consensus of the Board, Ms. Brantley reviewed what had been discussed. Ms. Brantley said the $2.5 million had been added to operating costs. So that would be $35,378,000, and the capital expense would be $1 million. Debt service would be $11.3 Chairman McCall challenged the budget staff to "work their magic" and find an additional $500,000, encouraging them to explore creative options during the upcoming break. Vice-Chair Edney moved ont toa a discussion regarding an additional allocation request of$250,000 from Blue Ridge Community College. College President Dr. Laura Leatherwood said the requested operating funds were needed to cover increasing utilities and to give employees an increase. When asked about the college' s fund balance, Dr. Leatherwood said they had one fund balance that is kept at $500,000 to cover unexpected repairs or the replacement of equipment. Vice-Chair Edney made the motion 10 go into closed session pursuant 10 N.C. Gen. Stat. $143- Vice-Chair Edney made the motion 10 go out ofclosedsession. All voted inj favor, and Ihe motion  balance at 12%.  toa address the board member regarding his comments.  million, and MRTS would be $3.61 million.  318.11(a)(6). All voted in favor, and the motion carried.  carried.  The meeting was reconvened at 1:35 p.m.  Approved: July 17,2024    June 19, 2024  22  Assistant County Manager Amy Brantley presented the final budget tally to the Board.  Henderson County FY2024-2025 Budget Tally  TotalBudget FundBalance Appropriation 202,142,366_s 20,742,795 20,000 $ 202,162,366 20,762,795 20,000 202,182,366 20,782,795 12,000 202,194,366 20,794,795 20,000 $ 202,214,366 20,814,795 5,000s 202,219,366 20,819,795 3,000s 202,222,366 20,822,795 50,000s 202,272,366 20,872,795 30,000s 202,302,366 s 20,902,795 20,000 S 202,322,366 20,922,795 182,579 202,504,945 21,105,374 200,000 202,704,945 21,305,374 202,541,632 21,142,061 163,313 202,704,945 21,305,374 163,313 725,892 202,704,945 21,305,374  FY2024-2025 Manager's Proposed Budget asP Presented! May6 6,2 2024  Following Discussions atthel May 15th Workshop  Reductions REVENUE Additions Reductions EXPENDITURE Additions 202,142,366 20,742,795  Non-Profit- BoysaG Girlsc Club[ (lapsley! Non-Profit- InterfaithA Assistance Ministry! [lapsley) Non-Profit- MisR Riveru ufet Enrichmento Center flapsley) Non-Profit- OpenA Arms CrisisPregnancy Center (uapsley) Non-Profit- Scouts (edney) Non-Profit- NCAJHSN MootCourt [dney) Non-Profit- Backo onT Track AdéctionMinsti: Non-Proft- Hopec Center [Mccall) 9 Non-Profit- Hope Coalition Mccal) 1osheriff- Animal Enforcementi Investigator! (Andreottal (includess3.300fc foriTe equipment) 1 Non-Profit- First Contact Mccall (in Detentionbudget) 12Debtservice- Changei ininteresto only payment capitalReserve Fund- Increasei amountt transferred  163,313  AsofMayl 15,2 2024s  FundBalance Appropriation 21,305,374  1ETRE-S 2,430,981 Fund Balance Remaining $ 1,624.903  FundB Balance over1 12% 22,930,277  TaxRate Equivalent!s 0.007 TotalBudget FundB Balance Appropriation 202,704,945 21,305,374 202,704,945 21,108,078 250,000 202,954,945 21,358,078 8,128 202,963,073 21,366,206 19,209s 202,982,282 21,366,206 277,337 202,982,282 21,366,206 TaxRateE Equivalent_s 0.006  Proposed BudgetR Revisions followingt theN May1 15thv Workshop  ProposedE Budget Revisions 21.24  REVENUE 197,296 19,209 216,505 FundB Balance over1 12%S 22,930,277  EXPENDITURE  Reductions Additions Reductions Additions 202,704,945 21,305,374  Paymentto Other Agency- SROreimbursementt tothe chyolMendermonilepert BOC5.2224  cooperativet Salary Adjustment funding FinalFY25a allocationre  Asof] June 2,2 2024s  1ETRE-S 2435.559] FundB Balance Remaining- S 1,564,071  Vice-Chair Edney moved that the Board adopt the FY2024-2025. Budget andj further moved that the Chairman be authorized to execute the Budget Ordinance effective July 1, 2024.  All voted inj favor; and the motion carried.  Commissioner Andreotta was excused and left the meeting.  Construction Projects Update projects around Henderson County.  Bryan Rhodes, ChrisTodd, and Andrew Griffin provided the Board with an update on construction This monthly report was a review ofthe scope and statuses of assigned construction management responsibilities and includes specific updates in regard to County funded construction activities.  Approved: July 17,2024    June 19, 2024  23  Veteran Services Office  Dana Park Community Building  Approved: July 17,2024    June 19, 2024  24  Etowah Library Outdoor Venue  Jackson Park Lower Tennis Courts  Blue Ridge Community College MRTS Projects  Ahb  Approved: July 17,2024    June 19, 2024  25  Henderson County Public Schools MRTS Projects West Henderson High Renovation and Addition  Baii  Upward Elementary Renovation and Addition  FY2023-2024 HCPS MRTS  West High Air Handler Replacement - Cooper Construction was the awarded contractor. Elementary Schools HVAC Controls Upgrade - The project is approximately 85% complete. Six schools are 100% complete and the remaining three are about 75%  The Air Handler will be installed when received.  complete.  Gutters and Downspouts Project - 100% complete Various Roofing 100% complete materials for this project.  Atkinson HVAC Upgrade - Contractor Johnson Controls has started the procurement of  Approved: July 17,2024    June 19, 2024  26  BE EE  Henderson County JCAR Project  Facilities Services Projects  Director of] Facility Services Andrew Griffin provided an update on county Facility Services  projects.  EMS #6 Fletcher Electrical Trim out HVAC Plumbing Paving Sheetrock Tile work June 2024  W-DCFast Chargers PoleSet fivaComsciarslembwe  Jackson Park Paving SBA-3 and County  EMS Headquarters Sheda and Parkingl Improvement SBA-5 Buildingu up Electrical Complete Concrete Complete > Duke tos setp pole and final connection Completion June 2024  Paving  > 4thA Avenue Bridge evaluated andi replacement timbersi installed Maintenance Building Parkinglot Glover Streete end Non-s SBA Funds Cooperative Extensionl lot Health andl Human Services seal/stripe  Approved: July 17,2024    June 19, 2024  27  Human Services Building Drainage SBA-2  Ecusta Trail  > Working on South (Nissan) Sider now. North side complete Completion. June 2024  Heavy rollers Cross drainage Bridge Headwalls  abutments  Vannoy Construction Preconstruction Fee Proposal - Hospital MOB  The Board was requested to approve Vannoy Construction's Pre-Con Proposal and Construction Fee Proposal and authorize staff toj proceed to the Contract for Pre-Con Services for the  Henderson County Hospital Corporation MOBs project.  The Pre-Con proposal received from Vannoy Construction was for a price of $400,000.00. Their proposed Construction Fee was 3.75%, which will be shown on the Guaranteed Maximum Price.  Medical Office Buildings  Vice-Chair Edney made the motion that the Board approve the Preconstruction Proposal,, for Vannoy Construction, in the amount of $400,000.00, andj for the Construction Fee Proposal of 3.75%,, for the Construction phase of the project. All voted inj favor; and the motion carried. (Due to an error in the PowerPoint presentation for the Cane Creek Sewer Project, the Farmland Preservation discussion item was presented before the Cane Creek Sewer item. The error was  corrected during the Farmland discussion.)  Approved: July 17,2024    June 19, 2024  28  Farmland Preservation  On April 1, 2023, the Board ofCommissioners voted to form a Farmland Preservation Taskforce. The Taskforcel held its first meeting on May 13, 2024, and has held two additional meetings since. On May 30, 2024, the Taskforce heard from Evan Davis from the NC Department of Agriculture and Consumer Services and Kieran Roe and Tom Fanslow from Conserving Carolina to discuss On. June 10, 2024, the Taskforce continued their discussion on agricultural conservation easements and reviewed examples of program structures. They heard from Ariel Zijp and Avni Naik from the Buncombe County Farmland Preservation division, Ryan Manning from the NC Foundation for Soil and Water Conservation, and Mikey Fulk from the Working Lands Trust. Following the discussion on June 10, 2023, the Taskforce unanimously recommended selecting the Soil and Water Conservation District as the primary contact foraj proposed Farmland Preservation Program.  agricultural conservation easements.  The Taskforce will meet again on. June 24th.  Taskforce Members &Support ConservingCarolina KieranRoe TomFanslow Sol&Water JonathanWallin ApilHoyt NCCogpernthelatemsion Dr. TerryKelley NCDsatmantciAgiaitre JeffreyDamell CounlySupportSlaff ChrisT Todd AutumnR LizHanson Radcliff  Name ReberaMcCalChair BoardofCommisioners DavidHmI, Chair BoardofCommisioners HunterN Marks PlanningB Board DannyMcConnel Soil&V Water ConservationD District JoffreyMerril Agrbusiness! Henderson County Garyst Steiner Jimmy Cowan RandyN Newman JasonEdney JustinPatwin LindaPryor AlanWard DanielleMcCall Allarge  Representation  Taskforce Timeline  April1,2024 Mayi3,2024 May30,2024 June10,2024 June24,2024 July8,2024  NCCooperativeE Extension NCFarmB ureau AlHlarge Allarge At-large AHlarge  Taskforce Taskforceholds Taskforcehears Taskforcehears Taskforceto Taskdorce estabishedby firstmeting fromNC fromBuncombe hearfiom regularly  BOC  Conserving ADFPTFG &Haywood County OrangeaWake County scheduled  Carolina  AgendaTBD meeting  Past Meeting Overview May 30th EvanDavis,F Farmland PreservationDvision Director(NC ADFPTF) KieranRoe&Tom Fanslow, Conserving Carolina  0-6  Future Taskforce Meetings..  May 10th Memberl Introductions DiscussedT Taskforce background& potentialgoals Votedonm meeting schedule Scheduledspecial calledmeetingf for 05/30/24  June 10th ArielZip&AwmiNaik BuncombeCounty FarmlandP Preservation RyanManning. Haywood CountyF Farmland PresemationaNCSoil Water Foundation MikeyFuk,V Working Landsl Trust Presentedn motion  July8,2024  September 9,2024  June 24,2024  August 12, 2024  October 14, 2024  At their June 10, 2024, meeting,  "I move, for the purposes of moving  the Taskforce made a unanimous forward, to select the Soil and Water recommendation regarding the Conservation District to be the primary proposed Farmland Preservation contact for the Farmland Preservation  Program.  Program for the time being."  Approved: July 17,2024    June 19, 2024  29  Clear Creek Sewer Project  With the Board approval of the design and permitting agreement with WGLA Engineering during the December 4, 2023, meeting and the approval ofthe discharge permit for the treatment plan last month, Will Buie from WGLA Engineering will present an update on the project to include cost  estimates and updated scope options for Board consideration. This project was on a very constrained schedule due to funding deadlines. Will Buie provided the following options for the Board to consider.  Clear Creek Project Summary  State budget has allocated $12.7 million in funding for the project. County has allocated $9.3 million in ARPA funds for the project. Finally, the County reserved $2 million in funding from the Edneyville Elementary project for sewer service and the Justice Academy has a reserve of $0.73 million. Total available funding is $24.73 million. In! May 2024 NCDEQ issued a discharge permit a new wastewater treatment plant on Clear Creek. Current Estimate for the proposed systern is $32 million. Budgetgap is approximately: $7.27 million.  Clear Creek  Current Option Under Design  Approved: July 17,2024    June 19, 2024  30  Clear Creek Option 2  Clear Creek Option 2  $6.6 lend Million rson Creek  Approved: July 17,2024    June 19, 2024  31  Clear Creek Option 2  lion  Clear Creek Option 2  4.1 aurel Million Granch  Approved: July 17,2024    June 19, 2024  32  Clear Creek Option 2  6.6 son Creok  4.1  Clear Creek Option 2 Estimated Costs  Henderson Creek Basin, Laurel Branch Sewer and reduced size WWTP - $17.2 Million. Add Lewis Creek Basin - $26.6 Million*. Only add Justice Academy via pump station and force main (no other users in Lewis Creek Basin)  - $20.0 Million.  *Smaller WWTP is not sized to serve Blacksmith Operational costs of the system will be challenging -Will need to reengage with DEQ about conditions  Run.  with a very limited customer base.  of discharge permit.  Approved: July 17,2024    June 19, 2024  33  Clear Creek Option 3  Clear Creek Option 3  8.6  Creek Basin  Approved: July 17,2024    June 19, 2024  34  Clear Creek Option 3  $8.6 Crook  Clear Creek Option 3  $9.4  Million  Approved: July 17,2024    June 19, 2024  35  Clear Creek Option 3 Estimated Costs  Henderson Creek Basin pump to City of Add Laurel Branch Basin - $12.1 Million Add Lewis Creek Basin - $21.5 Million.  Hendersonville- $8.6 Million.  Only add Justice Academy via pump station and force main (no other users in Lewis Creek Basin  $15.0 Million.  -Rates would be based on City of Hendersonville -County could dedicate lines to mendersonvile for ownership and maintenance or could own and  "out of City" sewer rates.  maintain sewer Collection system.  Clear Creek Summary of Options  Clear Creek- Summaryo of Options Option 2A 2B 2C 3A 3B 3C Henderson Creek, Laurel Branch8 & Lewis Creek pumped tol Hendersonville 3D Henderson Creek, Laurel Branch8 & Justice Academy pumped to Hendersonville  Estimated Costs $17.2 Million  Funding Sources  $12.7MS State allocation+ +$ $4.5M County ARPAF Funds $2M County $0.73MJ Justice Academy ($1.87Mg gapi inf funding)  Henderson Creek, Laurel Brach & Reduced WWTP Henderson Creek, Laurel Brach & Reduced WWTP with addition ofL Lewis Creek Basin Henderson Creek, Laurel Brach & Reduced WWTP with addition ofJ Justice Academyo only Henderson Creek pumpedt tol Hendersonville  $26.6N Million $12.7MS Statea allocation+ +$9.3M County ARPAF Funds $20.0N Million $12.7M State allocation +$7.3MC County ARPAF Funds  $8.6Million  $12.7M State allocation  Henderson Creek &L Laurel Branch pumpedt tol Hendersonville $12.1N Million $12.7MS State: allocation  $21.5M Million  $12.7MS State allocation $8.8M County ARPA Funds  $15.0Million $12.7MS State allocation $2.3MC County ARPAI Funds  Approved: July 17,2024    June 19, 2024  36  Clear Creek  Additional consideration  Cost for WWTP is very high level. We are working with vendors to verify this estimated User fees for WWTP will depend on user base to  cost.  share operational costs.  Next Steps  Need direction from the Board for option to pursue.  Time is of the essence to meet funding  requirements.  Easement acquisition and permitting will take place 3rd Bidding and contractor selection will take place over 1st construction scheduled for mid 2025 - end of 2026. After the options were presented, the Board, Mr. Buie, and Mr. Jones had a lengthy discussion  Quarter 2024 - 1st Quarter 2025. Quarter and 2nd Quarter 2025.  regarding each option.  Mr. Buie noted that there was a $7.2 million budget gap to fund this project.  Commissioner Lapsley supported Option 2C, while Commissioner Hill supported Option 2B. Marcus Jones and Mr. Buie informed the Board that a decision must be made by mid-July to use  ARPA funds for this project.  NOMINATIONS AND APPOINTMENTS 1. Environmental Advisory Committee- - 3 vacs.  Vice-Chair Edney made the motion to nominate Erik Weber for appointment to seat #1, Kevin Burke for appointment to seat #5, and. Jane Edgar, for appointment to seat #7. All voted inj favor;  and the motion carried.  2. Fire and Rescue Advisory Committee -lvac.  There were no nominations and this item was rolled to the next meeting.  Approved: July 17,2024    June 19, 2024  37  3. Henderson County Board of Equalization and Review-1v vac. There were no nominations, and this was rolled to the next meeting. 4. Henderson County Rail Trail Advisory Committee - 1 vac.  Commissioner Hill made the motion. t0 nominate Bart Salvaggio for appointment to seat #6. All 5. Henderson County Tourism Development Authority - Appointment of Chair Chairman McCall nominated William Rhodes to serve as Chairman of the Henderson County Tourism Development Authority. All voted inj favor, and the motion carried. 6. Home and Community Care Block Grant Advisory Committee - 1 vac. There were no nominations, and this was rolled to the next meeting.  voted inj favor, and the motion carried.  7. Industrial Facilities and Pollution Control Financing Authority - 1 vac. There were no nominations, and this was rolled to the next meeting. 8. Juvenile Crime Prevention Council - 4 Vacs.  Vice-Chair Edney made the motion to nominate Judge Abe Hudson for appointment t0 seat #14.  All voted inj favor, and the motion carried.  9. Library Board ofTrustees - Appointment ofChair Trustees. All voted. inj favor, and the motion carried.  Chairman McCall nominated Michael Absher to serve as Chairman on the Library Board of  10. Mountain Area Workforce Development Board - 2 vacs.  Vice-Chair Edney made the motion t0 nominate Robert Rode for appointment to. seat #1. All voted  inj favor, and the motion carried.  11.N Nursing/Adult Care Home Community Advisory Committee - 9 vacs. There were no nominations, and this was rolled to the next meeting.  COMMISSIONER UPDATES  Commissioner Hill thanked Ms. Brantley for her kindness and generosity over the time he had served with her. He underscored how highly respected Ms. Brantley was and said she would be Vice-Chair Edney made a motion to cancel the regularly scheduled meeting on August 21, 2024.  sorely missed.  All voted inj favor, and the motion carried.  Approved: July 17,2024    June 19, 2024  38  Commissioner Edney said that Ms. Brantley was highly respected throughout the state and was  often a resource for other counties in their budget preparation. Commissioner Lapsley had no updates to share.  Chairman McCall thanked Ms. Brantley for all she had done for this county and said she hoped they could spend some time together on the golfcourse in the future. She said Ms. Brantley was  leaving "big shoes to fill." GENERAL ASSEMBLY UPDATE  John Mitchell said he and the Chairman had traveled to Raleigh the previous week to lobby legislators on behalf of the county. He noted he was closely monitoring a piece of legislation regarding water and sewer that was submitted by Senator Moffitt. He also met with City Officials and Representative Balkcom in relation to whether that bill may come out of committee. He said they heard from the Governor, Speaker of the House, and the Senate Pro Tem all of which have  different ideas of what the budget may look like. COUNTY MANAGER'S REPORT  Mr. Mitchell noted that the Fourth ofJuly fireworks and the July 3rd Ribbon cutting at the VFW Building were coming soon. He thanked the Board for their due diligence on the budget. In closing, he again thanked Amy Brantley for theyearsofdedication: and service on behalfofhimself Chairman McCall made the motion t0 adjourn at 3:20 p.m. All voted in favor, and the motion  and on behalfofthe staff.  carried. ADJOURN  Duirkr Denisa Lauffer, Clerk tot  ard  Ahneu Rebecca McCall, Chairman  Approved: July 17,2024    During the June 19, 2024, regular meeting, the Board enacted the following:  2024.072 2024.073 2024.074 2024.075 2024.076 2024.077 2024.078 2024.079 2024.080 2024.081  Resolution of Appreciation -A Amy Brantley Resolution ofAppreciation - Berkeley Mills Pending Releases and Refunds  MOU with NCDHHS for Social Service Programs BudgetAmendment - Transfer to Capital Reserve Fund Budget Amendment - Transfer to Solid Waste Enterprise Fund Resolution - Opioid Settlement Fund Expenditure Authorization Public Hearing - Conditional Rezoning Application #R-2024-01-C Resolution for Consistency with the 2045 Comprehensive Plan  FY2024-2025 Budget Ordinance    Henderson County Board ofCommissioners 1Historic Courthouse Square . Suite 1 . Hendersonville, NC28792 Phone (828) 697-4808 . Fax (828)692-98554 . wwenceromounyncsp"  Rebecca K. McCall Chairman .Michael Edney Vice-Chairman  William G. Lapsley Daniel. J. Andreotta David H. Hill  RESOLOTIONOFAPPRECIATION  AMY BRANTLEY, ASSISTANT COUNTY. MANAGER  WHEREAS, prior to working for Henderson County, Amy Brantley established her local government  career in January, 1994 working as a Deputy Clerk II- Recording for Boulder County. Colorado and was soon promoted to Film Room Supervisor and then to Administrative 1999. Ini this role she served both the Human Resources Department and the Governing  Lead Technician: and  WHEREAS, Amy Brantley was hired as an Office Assistant for Henderson County on November 30. WHEREAS, in August 2001.A Amy Brantley was promoted to Deputy Clerk to the Board for WHEREAS, in August 2006. Amy Brantley was promoted to Research and Budget Analyst: and WHEREAS, in March 2013. Amy Brantley was promoted to Budget Manager: and WHEREAS, in February 2014. Amy Brantley was appointed Assistant County Manager; and WHEREAS, during her time at Henderson County. Amy Brantley earned her Master ofPublic  Body: and  Henderson County; and  Administration from Western Carolina University. became a Certified Budget and Evaluation Officer through the North Carolina Local Govemment Budget Association. served and participated in the North Carolina Local Government Budget Association and with the North Carolina City and County Manager's Association: and and Wester Carolina University Alumni Association: and  WHEREAS, Amy Brantley has served on the Western Carolina University MPA Board of Directors WHEREAS, Amy Brantley has served the North Carolina Association of County Commissioners as a  member of the NC Property Tax Solution Oversight Committee and on the Presidential  Initiative for Food System Resiliency: a and  WHEREAS, Amy Brantley has been the recipient of many awards. including Western Carolina  University's Outstanding MPA Student. NC City and County Manager' s Association Assistant Manager ofthe Year. and the NC Local Government Budget Association's Jack  Vogt Lifetime Achievement Award: and    WHEREAS, Amy Brantley has selflessly provided invaluable service to the Board, employees and WHEREAS, Amy Brantley will retire from her service to Henderson County and its citizens on NOW, THEREFORE, BE IT RESOLVED that the Henderson County Board ofCommissioners  citizens of Henderson County: :and  June 30. 2024;  expresses their deep admiration for the experience and wisdom that Amy Brantley has brought to all oft the positions that she has served so well in with Henderson County. On behalf of the citizens and staffofHenderson County, we appreciate and commend you on ajob well done, Amy Brantley. In witness whereof. Ihave hereunto set my hand and  caused the seal oft the County of Henderson to be affixed.  Adopted this 19th day of June. 202-.  Thosu - RÉBECCA MCCALL.CHAIRMAN HENDERSONCOUNTY BOAEDOFCOMMIRSONERS  8P  ATTÈST: -  ALLRA R : - 1 DENISA A.I LALFFER.CLERK TOMEE BOARD    Henderson County Board of Commissioners 1Historic Courthouse. Square . Suite 1. Hendersonville, NC28792 Phone (828) 697-4808 . Fax (828)692-9855 . wwweceromounyncso"  Rebecca K.N McCall Chairman J.Michaell Edney Vice-Chairman  William G. Lapsley Daniel. J. Andreotta David H. Hill  RESOLUTIONOFAPPRECIATION BERKELEYMILLS, BALFOUR, NC  WHEREAS, the original Balfour Mills was founded in 1924 and later purchased by Kimberly- WHEREAS, Kimberly-Clark Corporation was established in 1872 and is now a global WHEREAS, Berkeley Mills has established manufacturing facilities and has developed WHEREAS, Berkeley Mills has invested millions of dollars in facilities and production  Clark Corporation and renamed as Berkeley Mills in 1946, and distributor of personal care products to over 175 countries, and innovative nonwoven products in Henderson County; and  expansions. Berkeley Mills has also created several jobs to benefit Henderson  County; and  WHEREAS, Berkeley Mills has partnered with numerous local non-profits and businesses, and WHEREAS, On June 1,2024, Berkeley Mills celebrated 100 years of quality service. NOW, THEREFORE, BE IT RESOLVED that the Henderson County Board of Commissioners recognizes the commitment and legacy Berkeley Mills provides for our community. On behalfofthe citizens and staff of Henderson County, we commend Berkeley Mills and join in the celebration of 100 years ofs service to Henderson County. In witness whereofihave hereunto set my hand and caused the seal of the County of Henderson  has donated millions of dollars in funding as support; and  -  to.be'affixeg. 0 R Adopted this - E4 V - twi CARDI ATTEST.  ofJune2024.  RLL  MCCALL, CHAIRMAN  HENDERSON COUNTY BOARDOF COMMISSIONERS  Gten  MRas -  DENISA A.LAUFFER, CLERKIOTIMBOARD    Henderson County Board of Commissioners  1Historic Courthouse: Square e Suite 1e Hendersonville, NC28792 Phone (828) 697-4808 . Fax (828)692-9855 e wwhendepomounyncge  Rebecca K. McCall Chairman J.Michael Edney Vice-Chairman  William G. Lapsley Daniel).Andreotta David H. Hill  June 19, 2024  Harry Rising, Assessor Henderson County Assessor's Office 200 N. Grove Street, Suite 102 Hendersonville, NC 28792 Dear Mr. Rising:  Attached, please find tax release requests in the amount of $748.94 and tax refund requests in the amount of$200.52 reviewed at the Henderson County Board of Commissioners' Meeting on  Monday, June 3, 2024. All Releases and refunds were approved.  Sincerely,  Bhou Rebecca McCall, Chairman  Henderson County Board ofCommissioners  RM/dal enclosures    688 6888 888    MEMORANDUM OF UNDERSTANDING (FISCAL YEAR 2024-25 and 2025-26)  BETWEEN AND  THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES  HENDERSON COUNTY  A Written Agreement Pursuant to N.C. Gen. Stat. $ 108A-74, an Act of the North Carolina General Assembly  This Memorandum of Understanding ("MOU") is made by and between the North Carolina Department of Health and Human Services, (hereinafter referred to as the Department") and Henderson County a political subdivision oft the State ofNorth Carolina (hereinafter referred to as the "County") to comply with the requirements of law, N.C. Gen. Stat. S 108A-74. The Department and the County may be referred to herein individually as a "Party"a and collectively as  the "Parties."  TERMS OF UNDERSTANDING  In consideration of the mutual promises and agreements contained herein, as well as other good and valuable consideration, the sufficiency of which is hereby acknowledged by the Parties, the Parties agree to this MOU, effective. July 1,2024, in compliance with the mandates oflaw enacted by the North Carolina General Assembly and in recognition of possible amendments by the General Assembly, the Parties further agree to conform to changes made to the law,  notwithstanding a contractual term previously agreed upon.  1.0 Parties to the MOU  The only Parties to this MOU are the North Carolina Department of Health and Human Services  and Henderson County, aj political subdivision of the State of North Carolina.  1.1 Relationships of the Parties  Nothing contained herein shall in any way alter or change the relationship of the parties Partiesas defined under the laws of North Carolina. It is expressly understood and agreed that the enforcement of the terms and conditions of this MOU, and all rights of action relating to such enforcement, shall be strictly reserved to the Department and the County. Nothing contained in this document shall give orallowany claim or rightofaction whatsoever by any othert third person. Itis the express intention ofthe Department and County that any such person or entity, other than the Department or the County, receiving services or benefits under this MOU shall be deemed an Subcontracting: The County shall be responsible for the pertormance ofall ofi its subcontractors. The County shall disclose the names ofi its subcontractors to the Department within thirty (30)days of the execution thereof. The County shall also provide additional information concerning its subcontractors as may be requested by the Department within thirty (30) days of the request. The County additionally agrees not to enter into any confidentiality agreement or provision with a  incidental beneficiary only.  Page 1of21    3.0 MOU Documents  The Recitals and the following attachments are incorporated herein by reference and are part of (I) Thej portionshereofp preceding the TemmsofUnderstanding, including but notl limited to the introductory paragraph and thel Recitals, which are contractual as well as explanatory.  this MOU:  (2) The Terms of Understanding a. I-A: Energy Programs b. I-B: Work First C. I-C: Food and Nutrition Services d. I-D: Child Welfare - Foster Care . I-E: Adult Protective Services I-F: Special Assistance g. I-G: Child Support Services (5) Attachment II- Child Welfare CFSR  (3) Addendum A - Data Sharing Memorandum of Agreement (4) Attachment I- Mandated Performance Requirements:  4.0 Entire MOU  This MOU and any documents incorporated specifically by reference represent the entire agreement between the Parties and supersede all prior oral or written statements or agreements  between the Parties. 5.0 Definitions  While "County" is used as an abbreviation above, the following definitions, some of which are (1) "County department of social services" also means the consolidated human services (2) "County directorofs social services" also means thel human services director, whichever (3) "County board of social services" also means the consolidated human services board, (4) "Child welfare services or program" means protective, foster care, and adoption services related toj juveniles alleged to be abused, neglected, or dependent as required (5) "Social services programs"or* "Social: services programs other than medical assistance" means social services and public assistance programs established in Chapter 108A other than the medical assistance program (Part 6 of Article 2 of Chapter 108A). This includes, but is not limited to, child welfare programs, adult protective services, guardianship services for adults, and programs of public assistance established in Chapter 108A. It also includes the child support enforcement program, as established in Article 9 of Chapter 110ofthe General Statutes, and the North Carolina Subsidized  contained in N.C. Gen. Stat. $ 108A-74(a), also apply to this MOU:  agency, whichever applies.  applies. whichever applies.  by Chapter 7B ofthe General Statutes.  Child Care Program.  To the extent that any term used herein is defined by a statute or rule applicable to the subject matter oft this MOU, the statutory or rule definition shall control. For all remaining terms, which  Page 3of21    10.0  Secretary's Authority Undiminished  Certain functions delegated to the County pursuant to this MOU are the duty and responsibility of the Department as the grantee offederal grant funds. The Parties understand and agree that nothing int this MOU shall be construed to diminish, lessen, limit, share, or divide the authority of the Secretary of the Department to perform any of the duties assigned to the Department or its Secretary by the North Carolina General Statutes, the terms and conditions of the federal funds and their applicable laws and regulations or other federal laws and regulations regarding any federal funding which is used by the Department to reimburse the County for any ofi its duties  under this MOU. 11.0  MOU does not Diminish Other Legal Obligations  Notwithstanding anything to the contrary contained herein and to facilitate the mandated performance requirements ofN.C. Gen. Stat. $ 108A-74, the Parties acknowledge and agree that this MOU is not intended to supersede or limit, and shall not supersede or limit, the County's obligations to comply with all applicable: I) federal and state laws; 2) federal and state rules; and 3) policies, standards, and directions of the Department, as all such currently exist and may be  amended, enacted, or established hereafter.  12.0  Notice  The persons named below shall be the persons to whom notices provided fori in this MOU shall be given. Either Party may change the person to whom notice shall be given upon written notice to the other Party. Any notice required under this MOU will only be effective ifactually delivered to the Parties named below. Delivery by hand, by first class mail, or by email are authorized methods For the Department of Health and Human Services, Division of Social Services IFI DELIVERED BYUS POSTAL SERVICE IFI DELIVERED BY ANY OTHER MEANS  tos send notices.  Carla West, Division Director, Human Services Carla West  NCDHHS 24171 Mail Services Center Raleigh, NÇ 27699-2001  NCDHHS Dorethea Dix Campus, McBryde Building Phone: 919-855-4755 E-mail: arawesi@.hnsnegox  Page 5 of 21    ii. Monitor that all financial resources related to thej provision nofsocial services programs covered by this MOU are utilized by the county in compliance Maintain and review data submitted by counties pursuant to the mandatory ii. Provide counties with reliable data related to their performance requirements as well as accuracy and timeliness ofprograms in accordance with state and federal program guidelines. This includes but is not limited to processing applications and recertification, quality control standards, iti. The Department shall be responsible for the maintenance and functionality ofi its information systems utilized in the statewide administration of social i. Provide counties with clarification or explanation of law, rule or policy governing social services programs when necessary or as requested. ii. Disseminate policy on social services programs and provide counties with iii. Provide timely information to counties on any changes to federal law or iv. Provide counties with a timely response to requests for technical assistance V. Maintain all policies covering social services programs in a central, accessible location. Policies will be updated, to the extent possible, in advance of the effective date of any new policies or policy changes. vi. Provide counties with an opportunity to submit questions, concerns and feedback related to the administration of social services programs to the Department and provide County a timely response to such communication. vii. Communicate proactively with the County Director of Social Services on matters that affect social services programs covered under this MOU. Communication shall be timely, and alerts sent to counties to let them know viii. Communicate directly with the County Manager, Goveming Boards, and the County Director of Social Services on matters including but not limited to, corrective action, and significant changes to law, rule and policy that impact the administration ofs social: services programs covered by this MOU. i. Provide guidance to counties in the event they are unable to reach a resolution on a conflict ofinterest that arises related to the provision of social services programs covered by this MOU. ii. Provide guidance for county DSS personnel on federal and state Emergency Management, mass shelter, Business Continuity Plan (BCP) and Continuity of Operations Plan (COOP) requirements. iri. Coordinate with and communicate to county DSS agencies regarding available and required training opportunities associated with DSS Mass  with applicable federal and state laws. performance requirements.  Data Submission:  program statistics and fiscal information. services programs covered by this MOU.  d. Communication:  timely information on any updates to policy. policy made known to the Department.  or guidance.  oft the upcoming changes.  e. Inter-agency Coordination:  Shelter, BCP and COOP responsibilities.  Page7 of21    limited to, litigation risks (not including child welfare cases governed by Chapter 7B or adult services cases governed by Chapter 35A or 108A), iii. Provide timely information regarding temporary or permanent changes to the Social Services Governing Board. or the County Social Services Director, including retirements, separations, or any leaves of absence . Ensure that county social services personnel complete required training and are prepared to engage in Disaster Management, mass shelter, BCP ii. Ensure that all plans and systems are inj place to meet potential disaster (natural, technical, otherwise) response requirements. iti. Engage with DHHS, state Emergency Management and local leadership in iv. Assist or operate mass shelter operations or other required disaster  network and computer issues, or data breaches.  greater than two calendar weeks.  e. Inter-agency Cooperation:  and COOP operations.  associated efforts. management responsibilities.  (3) The County shall timely meet alli its responsibilities contained int this MOU. "Timely"shall be defined consistent with timeliness requirements set forth in relevant statute, regulation, policy or as otherwise required by the Department. If timeliness is not otherwise defined,  "timely" shall mean within ai reasonable time under the circumstances.  15.0  Data Security and Reporting  Data Security: The County shall adopt and apply data privacy and security requirements to comply with all applicable federal, state, department: and local laws, regulations, and rules. Thel Parties hereby adopt and incorporate the terms of the Data Sharing Agreement attached as Addendum A as iffully Duty to Report: The County shall report all privacy and security incidents related to thej provision ofsocial services programs covered by the MOU to the Department and the Privacy and Security Office within twenty-four (24) hours after the privacy and security incident is first discovered, provided that the County shall report a breach involving Social Security Administration data or Internal Revenue Service data within one (1) hour after thei incident is first discovered. During the performance of this MOU, the County is to notify the Department of any contact by the federal Office for Civil Rights (OCR) received by the County related to the provision of social services programs covered by the MOU. In case ofa a privacy and security incident, the County, including any subcontractors or agents it retains, shall fully cooperate with the Department.  set forth herein.  16.0  Miscellaneous  Choice ofLaw: The validity ofthis MOU and any ofits terms or provisions, as well as the rights and duties oft the Parties to this MOU,are govemed by the laws ofl North Carolina. The Parties, by signing this MOU, agree and submit, solely for matters concering this MOU, to the exclusive jurisdiction of the courts ofNorth Carolina and agrees, solely for such purpose, that the exclusive venue for any legal proceedings shall be Wake County, North Carolina. The place oft this MOU and all transactions and agreements relating to it, and their situs and forum, shall be Wake County,  Page 9 of 21    ADDENDUM A: DATA SHARING MEMORANDUM OF AGREEMENT  Between  North Carolina Department ofHealth and Human Services  And Henderson County  This Data Sharing Memorandum of Agreement (MOA) between the North Carolina Department of Health and Human Services (NC DHHS or Agency) and Henderson County (County) (and collectively with Agency referred to as the Parties) establishes the agreement between the Parties regarding the County's access to, and use and disclosure of, all confidential data and information provided by the Agency to the County, for purposes of administering North Carolina's public  assistance and public service programs. 1. PURPOSE AND SCOPE  The purpose ofthis MOA is to identify certain roles and responsibilities of each party as it relates tot the sharing and use of all confidential data and information provided by the Agency to the County in connection with the administration of North Carolina's public assistance programs as well as the County's administration and performance of other public services delegated to it by law (collectively referred to as NCDHHS Data). For purposes of this MOA, NCDHHS Data,  includes, but is not limited to:  a. Social Security Administration (SSA) data;  b. Federal Tax Information (FTI) as defined in the current IRS Publication 1075, Tax Information Security Guidelines for Federal, State and Local Agencies (IRS Publication protected health information as defined by 45CFR 160.103; d. personal information, as defined by the North Carolina Identity Theft Protect Act, e. identifying information, as defined by N.C.G.S. $ 14-113.20(b); and names or other information concerning persons applying for or receiving public assistance ors social services which are confidential pursuant to N.C.G.S. $108A- 80.  1075);  N.C.G.S. $ 75-61(10);  More specifically, the objectives oft this MOA are to:  Manage the information technology process and systems pertaining to the NCDHHS Data provided by the Agency to the County, and received by the County from the Agency, to ensure compliance with all applicable federal and state laws, regulations, standards and policies regarding the confidentiality, privacy and security of this NCDHHS Data.  Page 11 of21    3. AUTHORITY OF PARTIES  Each Party is an agency of the State of North Carolina and operating pursuant to its respective statutory authority and obligations. This MOA is authorized under the provisions ofN.C.G.S. SS 108A-25, 108A-54, and 153A-11 and Article 13 of Chapter 153A oft the North Carolina General Statutes, and the implementing recommendations or regulations of these laws, if any. For the convenience of the Parties and avoidance of doubt, the Parties acknowledge and agree that NC DHHS is the "Agency" as such term is used in IRS Publication 1075, and that the County is a statutory agent but not a "contractor" or "agent" as such term is used in North Carolina statutory or common law. The Agency acknowledges it is authorized to receive and use FTI pursuant to 26  U.S.C. $6103.  4. PARTIES' ROLES AND RESPONSIBILITIES  Pursuant and subject to this MOA, the Agency shall provide to the County NCDHHS Data pertaining to the Public Assistance Programs, through açcess to the Agency's information technology systems utilized in conjunction with the Public Assistance Programs. These information technology systems include, but are not limited to, the Agency's current NC FAST case management system (NC FAST), and the legacy information systems which preceded NC FAST (collectively, NCDHHS Information Systems). The NCDHHS Information Systems are secured via Agency access control mechanisms and related procedures, including, but not limited to, Resource Access Control Facility (RACF), North Carolina Identification (NCID), and Web Identity Role Management Portal WIRM(collectively, NCDHHS Access Controls). All NCDHHS Data that the Agency provides to the County shall remain confidential and secure at all times. Confidentiality and security ofthis NCDHHS Data will be maintained by the County in accordance with all applicable federal and state laws, regulations, standards and policies governing this NCDHHS Data and in accordance with the terms ofthis MOA. Only appropriately authorized County employees and contractors whose job responsibilities require access to the NCDHHS Data will be granted access to the NCDHHS Data, through the NCDHHS Information Systems and NCDHHS Access Controls. Any data, records or other information shared through this MOA are protected from unauthorized use and disclosure and shall be accessed and used by the County solely for purposes of administering and operating the Public Assistance Programs.  NCDHHS agrees:  a. To provide NCDHHS Data to the County through access to the NCDHHS Information Systems in strict accordance with the NCDHHS Access Controls and in accordance b. To allow the County to access and utilize the NCDHHS Data to administer and operate  with the terms ofthis MOA. the Public Assistance Programs.  Page 13of21    County acknowledging receipt ofa copy oft this MOA and agreeing to comply with the terms oft this MOA as it relates to the contractor's access to NCDHHS Information Systems. h. To ensure that all information technology systems receiving, storing, processing, or transmitting FTI meet the requirements in IRS Publication 1075, including the requirements set forth in Exhibit7tol IRSI Publication 1075,acopy of which is available Tomaintain a current list ofemployees and contractors authorized to access and utilize the NCDHHS Data provided by the Agency pursuant to this MOA, and to provide the Tos submit, when requested by the Agency, a written certification that continuous security monitoring has been performed in accordance with applicable requirements. Additionally, the County will submit a written certification that all mainframe and network device configurations supporting the County environment is compliant with all applicable requirements. This certification will be provided to the Agency with k. At the Agency's request, the County will work with the IRS, Social Security Administration, or other federal agencies or their agents with respect to periodic safeguard and security reviews. The County will support the resolution ofthe Agency's Uponnotification from the IRS, Social Security Administration, other federal agencies, ort the Agency of changes to functional and security specifications, the County will collaborate with the Agency to develop and implement plans to meet specified requirementsi in accordance with guidance and direction provided by the IRS and/or the Agency. The County will be responsible for costs arising from such modifications. m. To provide annual access and disclosure awareness and incident reporting training to its employees and any approved contractors that may have access to SSA data and/or FTI data (only certain functions in support of Child Support Enforcement may allow n. To work cooperatively with the Agency regarding County employee or contractor access to NCDHHS Data and NCDHHS Information Systems, and compliance with  at: htps/wwirsgovpubfirs-pdfpl075pd:  Agency a copy oft that list upon written request by the Agency.  supportingevidence, such as a recent vulnerability scan.  finding based on a written plan satisfactory to both Parties.  contractor access to FTI).  this MOA and applicable law.  O. To be responsible for supervision ofi its own employees and contractors.  Page 15 of21    The County acknowledges and agrees that some oft the data elements included within the NCDHHS Data can be classified as "identifying information" within the meaning of N.C.G.S. $ 14-113.20(b). In addition, the combination ofcertain data elements could classify the data elements as "personal information" within the meaning ofN.C.G.S. $ 75-61(10). Since the Agency and the County are subject to the North Carolina Identity Theft Protect Act requirements, N.C.G.S. $ 132-1.10 and 75-65, the Agency and the County acknowledge and understand that the unauthorized disclosure, misuse, or loss oft these certain data elements could subject the County and/or the Agency to security breach notification requirements. The County shall safeguard and protect the security ofthe NCDHHS Data from loss, theft, or inadvertent disclosure, in accordance with applicable federal and North Carolina laws, regulations, standards and guidelines, and policies including, but not limited to the following: Federal Information Security Management Act of2002 (44 USC 3541 et seq.); SSA's "Electronic Information Exchange Security Requirements and Procedures for State and Local Agencies Exchanging Electronic Information with the Social Security Health Information Portability and Accountability Act and HIPAA Security Rule, 45  Administration" IRS Publication 1075;  CFR Part 160 and Subparts A and C of Part 164; and National Institute of Standards and Technology guidelines.  Ina accordance with applicable federal and North Carolina statutes, regulations, standards, and policies, the County shall use appropriate physical and technological security safeguards to prevent re-disclosure OfNCDHHS Data, and toj protect NCDHHS Data in paper and/or electronic forms during transmission, storage or transport. The County shall use encryption during the data transmission process and shall protect NCDHHS Data on portable computers and devices through the use of applicable encryption and strong authentication procedures and other security controls to make NCDHHS Data unusable and inaccessible by unauthorized individuals. The County shall monitor County employees' access to higher-risk NCDHHS Data elements such as Social Security numbers, dates ofbirth, and FTI. The County shall terminate access privileges toN NCDHHS Data of County employees immediately when their employment has been terminated The County shall dispose of paper and equipment containing NCDHHS Data in a secure manner in accordance with applicable law and information security NIST standards. At the request ofthe Agency, the County shall provide documentation of proper disposal of NCDHHS  ort their job responsibilities no Jonger require access.  Data to NCDHHS.  Page 17 of21    7. CONTACTS  The Parties mutually agree that the following named individuals will be designated as points of  contact for the MOA on behalfoft the Agency and the County:  For NCDHHS: Pyreddy Reddy Palmer Drive Raleigh, NC27605 Phone: (919)855-3090 Fax: (919)733-1524 Email: PYRAyERANGAhsnsgw  ChiefInformation: Security officer N.C. DHHS Privacy and Security Office 695  For County: Jerrie McFalls Director of Henderson County DSS 1200 Spartanburg Highway Suite 300 Phone: 828-694-6306 Fax: 828-697-4544 E-Mail: emnemcrais@nendersoncountyne.gov  The Parties agree that ift there is a change regarding the information in this section, the party  making the change will notify the other party in writing ofs such change.  8. LIABILITY AND INDEMNIFICATION  Nothing herein shall be construed as a waiver of the sovereign immunity of the State of North Carolina or the assumption by the State ofany liability contrary to the laws and statutes of North Carolina. Each Party shall be responsible for its own liabilities and neither Party shall seek This MOA shall inure to the benefit ofand be binding upon the Parties hereto and their respective  indemnification from the other.  successors in the event of governmental reorganization pursuant to N.C.G.S.  $ 143A-6 or other authority.  Page 19 of21    regulation governing its subject, the conflicting term shall be considered null and void. The remaining terms and conditions ofthis MOA shall remain in full force and effect.  13. ENTIRE AGREEMENT  This MOA and any amendments hereto and any documents incorporated specifically by reference represent the entire agreement between the Parties and supersede all prior oral and  written statements or agreements. 14.TERMINATION  The Parties may terminate this MOA at any time upon mutual written agreement. In addition, either party may terminate this MOA upon 90 days' advance written notice to the other party. Such unilateral termination willl be effective 90 days after the date ofthe notice or at al later date specified in the notice. In the event this MOA is terminated unilaterally by the County, the Agency will suspend the flow of NCDHHS Data to the County until a superseding written The Agency may immediately and unilaterally suspend the flow of NCDHHS Data to the County under this MOA, or terminate this MOA, ift the Agency, ini its sole discretion, determines that the County (including its employees, contractors and agents) has: (i) made an unauthorized use or disclosure OfNCDHHS Data; (ii) provided unauthorized access tol NCDHHS Information Systems; or (ji) violated or failed to follow the terms and conditions oft this MOA.  agreement is executed by the Parties.  Page 22 of21    WORKI FIRST  Standard Measure The county will. process 95% of Work First applications within within 45 days of 45 days of receipt. receipt. The county will  County Performance Measure The county will First applications The county will  Rationale and Authority  Report of Performance Monthly  Ensure that eligible families receive Work TANF State Plan FFY 2019-2022 NCGS 108A-31 Ensure that Work First families continue TANF State Plan FFY: 2019-2022  process 95% of Work First benefits in a timely manner.  Monthly  process 95% of Work process 95% of Work to receive assistance and benefits without First recertifications First recertifications unnecessary interruption. within 60 calendar within 60 calendar days prior to the last days prior to the last NCGS 108A-31 day of the current day oft the current certification period. certification period.  FOOD ANDI NUTRITIONSERVICES Standard Measure Thec county will process 95% of expedited FNS tol have access to the FNS benefits on or before the 7th calendar day from the date of application. The county will process 95% ofr regular FNS  County Performance Measure The county will process 95%0 of expedited FNS access to the FNS benefits on or before the 7th calendar day from the date of application. The county will process 95% ofr regular FNS  Rationale and Authority  Report of Performance Monthly  Ensure all expedited FNS applications are processed within required timeframes.  7CFRS273.2  applications within applications within the FNS Manual: Section 315 allows thel household the household tol have FNS Administrative Letter 1-2015  the timeframe that timeframe that allows  Ensure all regular FNS applications are processed within required timeframes.  Monthly  7CFRS273.2  applications within applications within the FNS Manual: Section 315 allows the household the household tol have FNS Administrative Letter1-2015  the timeframe that timeframe that allows to have access to access to the FNS 30th calendar day day from the date of ensure that 95%of that 95% ofFNS FNS recertifications recertifications are are processed on processed on time, time, each month. each month.  the FNS benefits ono or before the from the date of application. The county will  benefits on or before the. 30th calendar application.  The county wille ensure Ensure that eligible families have their  Monthly  recertification benefits processed in a timely manner without interruption. 7CFRS273.14  2of4    CHILD SUPPORT SERVICES Standard Measure Percentage of wedlock.  County Performance Measure The county paternity Year (June 30).  Rationale and Authority  Report of Performance Annuai  Paternity establishment is an essential  paternities established establishment performance component in obtaining and enforcing or acknowledged for level must exceed 50%a at support orders for children. children born out of the end of the State Fiscal 45 CFR S 305.33 (b)  NCGS 110-129.1  2 Percentage of child The county support support cases that order establishment establishing support exceed 50% at the end  Acourt order creates al legal obligation for a noncustodial parent to providle 45 CFR 53 305.33(d) NCGS1 110-129.1  Annual  have a court order performance level must financial support to their children.  obligations. 3 Percentage of paid.  of the State Fiscal Year (June 30). The county current level must exceed 40% at the end of the State Fiscal Year (June 30).  The current collections rate is an payment of child support obligations. 45 CFRS305.33(e) NCGS 110-129.1 Collection of child support has been shown to reduce child poverty rates  Annual  current child support collections performance indicator for the regular and timely  Percentage of cases The county arrearage received a payment collections performance  Annual  toward arrears.  level must exceed 40% at and improve child well-being the end oft the State Fiscal 45 CFRS3 305.33(h)  Year (June 30).  NCGS 110-129.1  NC DEPARTMENT OF HEALTH AND  NC Department of Health and Human Services . www.ncdhbs.gox  HUMAN SERVICES NCDHHS is ane equal opportunity employer and provider. . 2/2024  40f4    CHILDI WELARE-FOSTERCARE Standard Measure The county will for ensuring that who enter foster period are discharged to 12 months of entering foster care. The county will of children who inal 12-month period who were discharged tor reunification, kinship care, or guardianship, no more than 8.3% re-enter foster care within 12 months of their discharge. The county will  County Performance Measure DHHS will work for FY 24-25 and on the county's performance for fiscal year DHHS will work  Rationale and Authority  Report of Performance  Ensure that children in out-of-home placements are able to obtain safe and National Standards for State Performance on Statewide Data Indicators established by the Children's Bureau to determine conformity with Title IV-B and Title IV-E of the Social Ensure that children exiting foster care are in stable homes so that they do not re-enter and foremost, protected from abuse and National Standards for State Performance on Children's Bureau to determine conformity with Title IV-B and Title IV-E of the Social Security Act and the Child and Family Services Review.  provide leadership with the county to care inal 12-month FY: 25-26 based  identify the county's permanent homes as soon as possible after  40.5% of children performance measure reroval from their home.  permanency within the preceding state Security Act and the Child and Family  Services Review.  provide leadership with the county to for ensuring that, identify the county's foster care. enter foster care for FY 24-25 and  performance measure CFSR: Safety Outcome : Children are, first  FY: 25-26 based on the county's performance for fiscal year  neglect.  within 12 months the preceding state Statewide Data Indicators established by the  DHHS will work  Ensure that children who are removed from their homes experience stability while they are have permanency and: stability in their living National Standards for State Performance on Children's Bureau to determine conformity with Title IV-B and IV-E of the Social Security Act and the Child and Family Services Review.  provide leadership with the county to for ensuring that, identify the county's in foster care. enter foster carei in for FY 24-25 and al 12-month period FY25-26 based in the county, the on the county's rate of placement performance for days of foster care fiscal year will note exceed 4.1%.  of all children who performance measure CFSR: Permanency Outcome : Children  situations.  moves per1 1,000 thep preceding state Statewicle Data Indicators established by the  NC DEPARTMENT OF HEALTH AND  NCI Department of Health and Human Services . wwwngdhhs.gox  HUMANSERVICES NCDHHS is ane equal opportunity employer and provider. . 2/2024  2of2    REQUEST FOR BOARD ACTION HENDERSON COUNTY BOARD OF COMMISSIONERS  MEETING DATE: SUBJECT: PRESENTERS: ATTACHMENTS:  June 19, 2024  Budget Amendment Capital Reserve Fund Samantha Reynolds - Finance Director  Yes  1.E Budget Amendment  SUMMARY OF REQUEST:  On May 15, 2024, the Board approved a reallocation of funding for the state budget allocation, directed by the NC General Assembly pursuant to Session Law 2022-74 for local government The Board is requested to approve a budget amendment to return funding to the Capital Reserve fund for the lower tennis courts project and for mowers purchased during FY2024. The revised funding for the state budget allocation was used to fund these projects and the original allocation  projects to be used for public purposes.  from the Capital Reserve and General Funds is no longer needed.  BOARD ACTION REQUESTED:  The Board is requested to approve the attached Budget Amendment as presented.  Suggested. Motion: as presented.  Imove the Board approve the altached Budget Amendment    LINE-ITEM TRANSFER REQUEST HENDERSON COUNTY  G  Department: FINANCE Please make thef following line-item transfers: Whate expense line-i itemi ist to bei increased?  Account 4044004021002071 4044004920162071 405400535102.9060 215400-555000 115980-598021 Account 4054005351022071 4044004920169060 214400-402400 214400-401100 115419-551000  Line-Item Description TRANSFERI FROM CAPITAL RESERVEI FUND MISCELLANEOUS DONATIONS PARKS MAINT AND REPAIR CAPITAL OUTLAY- BLDGS AND IMPROV TRANSFER TO CAPITAL RESERVE FUND  Amount $300,000 $5,000 $5,000 $335,383 $35,383  $680,766  What expense line- item ist to bec decreased? Or what additional revenue is nowe expected?  Line-Item Description PARKS MAINT AND REPAIR MISCELLANEOUS DONATIONS TRANSFER FROM CAPITAL PROJECTSI FUND TRANSFER FROM GENERAL FUND CAPITAL OUTLAY- EQUIPMENT  Amount $305,000 $5,000 $300,000 $35,383 $35,383  $680,766  Justification: Please providea a briefj justification fort thisl line-item transfer request. MOWERS TOC CAPITAL RESERVE FUND. BOCAPPROVED 6.19.2024  $0  TOF RETURN UNSPENT FUNDING FROM JACKSON PARKI LOWER TENNIS COURT PROJECT AND UNSPENT FUNDING ALLOCATED TOF FACILITIES  Authorized by Department Head Authorized by Budget Office Authorized by County Manager  Date Date Date  For Budget Use Only  Batchf # BA# Batch Date    REQUEST FOR BOARD ACTION HENDERSON COUNTY BOARD OF COMMISSIONERS  MEETING DATE: SUBJECT: PRESENTER: ATTACHMENIS:  June 19,2 2024  Budget Amendment - Transfer to Solid Waste Samantha Reynolds, Finance Director I.E Budget Amendment  Yes  SUMMARY OF REQUEST:  The Board is requested to approve the attached budget amendment, transferring $625,000 from  the General Fund to the Solid Waste Fund.  BOARD ACTION REQUESTED:  The Board is requested to approve the attached Budget Amendment as presented.  Suggested Motion(s):  Imove the Board approve the attached Budget Amendment as presented.    LINE-ITEM TRANSFERI REQUEST HENDERSON COUNTY  B  Department: FINANCE Please make the following line-item transfers: Whate expense line-item is to bei increased?  Account 115980-598060 605472-539011  Line-Item Description TRANSFER TOS SOLID WASTE FUND HAULING CONTRACT  Amount $625,000 $625,000  $1,250,000  What expense line- item ist tot be decreased? Or what additional revenue is now expected?  Account 114839-481001 604472.403500  Line-Item Description INTEREST EARNED TRANSFERI FROM GENERAL FUND  Amount $625,000 $625,000  $1,250,000  Justification: Please providea at briefj justification fort this line-item transfer request.  $0  TOE BUDGET FOR AT TRANSFERI FROM GENERAL FUND1 TOSOLID WASTE FUND. BOCA APPROVED619.2024.  Authorized by! Department Head Authorized by Budget Office Authorized by County Manager  Date Date Date  For Budget Use Only  Batch # BA# Batch Date    HENDERSON COUNTY NORTH CAROLINA  Before the Board of Commissioners  AI RESOLUTION BYTHE COUNTY OF HENDERSON TO DIRECTTHE EXPENDITURE OF OPIOID SETTLEMENT FUNDS BOARD OF COMMISSIONERS ENACTMENT 2024.078  WHEREAS Henderson County previously joined national settlement agreements with companies engaged in the manufacturing, distribution, and dispensing of opioids, including settlements with drug distributors Cardinal, McKesson, and AmerisourceBergen, and the drug maker Johnson & Johnson and its subsidiary Janssen Pharmaceuticals: and.  WHEREAS the allocation, use, and reporting of funds stemming from these national settlement agreements and certain bankruptcy resolutions ("Opioid Settlement Funds") are governed by the Memorandum of Agreement Between the State ofNorth Carolina and Local Governments on Proceeds Relating to the Settlement of Opioid Litigation ("MOA"); and WHEREAS Henderson County has received Opioid Settlement Funds pursuant to these national settlement agreements and deposited the Opioid Settlement Funds in a separate special  revenue fund as required by section Dofthe MOA; and WHEREAS section E.6 oft the MOA states: E.6. Process for drawing from special revenue funds.  a.  Budget item or resolution required. Opioid Settlement Funds can be usedfora purpose when the Governing Body includes in its budget or passes a separate resolution authorizing the expenditure ofa statedo amount ofOpioid Settlement Funds for that purpose or those purposes during a specified period of time. Budget item or resolution details. The budget or resolution should (i) indicate that it is an authorization, for expenditure ofopioid settlement funds; (ii) state the specific strategy or strategies the county or municipality intends to fund pursuant to Option A or Option B, using the item letter andior number in Exhibit A or Exhibit B to identify each fiundedstrategy. and (iii) state the amount dedicatedio  b.  each strategy for a stated period of time.    NOW,THEREFORE BE IT RESOLVED, in alignment with the MOA, Henderson  County authorizes the expenditure of opioid settlement funds as follows:  1.  First strategy authorized  a. Name of strategy: Criminal Justice Diversion: Adult Recovery Court b. Strategy is included in Exhibit B(Exhibit. A. Exhibit B) Item letter and/or number in Exhibit A or Exhibit B to the MOA: D.1 d. Amounted authorized for this strategy: not to exceed $283.607.  e. Period oftime during which expenditure may take place: July 1,2024. through June 30, f. Description of the program, project, or activity: The Adult Recovery Court began planning in 2023 and started receiving referrals in. January 2024. Funds will cover costs related to this Court and related program needs including but not limited to the following: Adult Recovery Court Coordinator (ARCC)position. prosecutorial services. supplies. and materials to support the position and the program participants. training for the ARCC and  2025.  members of the Interdisciplinary Team. g. Provider: Henderson County. Second strategy authorized  2.  a. Name of strategy: Leadership, Planning, and Coordination b. Strategy is included in Exhibit A(Exhibit A, Exhibit B) Item letter and/or number in Exhibit A or Exhibit B to the MOA: B.J d. Amounted authorized for this strategy: not to exceed $167,656.  Period oft time during which expenditure may take place: July 1.2024. through June 30. Description of the program, project, or activity: The Director of Strategic Behavioral Health position was created in 2023 to provide oversight of county programs. contracts. grants, and other funding related to behavioral health. The Director will plan, organize, and manage Henderson County' s network of behavioral health/substance use services. programs, and treatment providers. Thisposition oversees the county's Opioid Settlement Fund planning and management. Establishment oft this department and support of the position requires expenses that include but are not limited to office equipment and materials, software, training and supervision, vehicle use and maintenance. and  2025.  programmatic support for clients the department supports.  g. Provider: Henderson County Third strategy authorized  3.  a. Name ofs strategy: Recovery Support Services: Peer Support Specialist for DSS b. Strategy isi included in Exhibit A(Exhibit A, Exhibit B) Item letter and/or number in Exhibit A or Exhibit B to the MOA: A.3 d. Amounted authorized for this strategy: not to exceed $91.277.  Period of time during which expenditure may take place: July 1.2024. through June 30. Description of the program, project, or activity: Funding supports the Peer Support Specialist position embedded at DSS. Funding will support the position and related expenses including but not limited to equipment and supplies necessary to perform the responsibilities of the job. This strategy addresses: systemic root causes of the Opioid Epidemic by creating connections to treatment and supporting the recovery of families  2025.    with substance use issues. The rising number of drug-endangered children in Henderson supports the need for this strategy. This strategy will prove to be effective by reducing the length ofopen DSS cases involving drug use and decreasing out ofhome placements for  children.  - Provider: Henderson County. Fourth strategy authorized  4.  a. Name of strategy: Post-overdose Response Team: Peer Support for Co-response b. Strategy is included in Exhibit A(Exhibit A. Exhibit B) C. Item letter and/or number in Exhibit A or Exhibit B to the MOA: A.8 d. Amounted authorized for this strategy: not to exceed $91,726.  e. Period oft time during which expenditure may take place: July1,2024. through June 30. f. Description ofthe program, project, or activity: Funding supports the position of Peer Support Specialist position embedded at EMS who will respond to overdoses and other substance involved calls that occur during scheduled work hours and follow up with those that occur in their offhours. Funding will support the position and related expenses including but not limited to equipment and supplies necessary to perform the responsibilities oft the job, including naloxone. This person will connect people to treatment services and support recovery. They can also work with people and families EMS encounter who struggle with substances that did not result in an overdose. The overarching goal is to prevent overdoses and connect individuals to services.  2025.  Provider: Henderson County. Fifth strategy authorized  5.  a. Name of strategy: Evidence Based Addiction Treatment b. Strategy is included in Exhibit A(Exhibit A, Exhibit B) . Item letter and/or number in Exhibit A or Exhibit B to the MOA: A,2 d. Amounted authorized for this strategy: not to exceed $100.000  Period oft time during which expenditure may take place: July1.2024. through June 30. . Description oft the program, project, or activity: This strategy will address access to treatment and continuity of care by providing financial support for uninsured and underinsured individuals to receive evidence-based treatment services. Even as Medicaid Expansion goes into effect, a percentage oft the population with Opioid Use Disorders will still not qualify for benefits. Individuals in the Recovery Court and Reentry programs will likely represent this population. This strategy will prove to be effective by increasing the number of uninsured or underinsured individuals receiving treatment services. . Provider: Treatment providers as recommended for appropriate level ofcare.  2025.  6.  Sixth strategy authorized  a. Name of strategy: Recovery Housing Support Services b. Strategy is included in Exhibit A(Exhibit A. Exhibit B) Item letter and/or number in Exhibit A or Exhibit B to the MOA: A.4 d. Amount authorized for this strategy: not to exceed $100,000  Period oft time during which expenditure may take place: July 1.2024. through June 30. - Description oft the program, project. or activity: Recovery Housing Support is a regional  2025.    concern, as there are very few inpatient or residential programs, and even few transitional recovery homes. There are currently few recovery house options within Henderson County. The funding strategy to address this gapist to begin by stabilizing housing for persons in early recovery with priority given to participants in the Recovery Court and Reentry programs by providing capital to prevent evictions or to assist with deposits. g. Provider: Housing providers as available and as appropriate for level ofcare.  7.  Seventh strategy authorized  a. Name of strategy: Early Intervention: Specialized Training & Community Education b. Strategy is included in Exhibit A(Exhibit A. Exhibit B) Item letter and/or number in Exhibit A or Exhibit B to the MOA: A.6 d. Amount authorized for this strategy: not to exceed $5.000  e. Period of time during which expenditure may take place: July 1.2024. through June 30, Description of the program, project, or activity: This strategy specifically addresses the root causes of childhood trauma by offering training and resources to organizations that serve vulnerable populations. and community education for the public. This strategy will prove effective by increasing the number of screenings and referrals for care and support through partnering organizations. This strategy may also cover training of community  2025.  members to administer Naloxone. Provider: TBD by RFP process. Eighth strategy authorized  8.  a. Name ofs strategy: Prevention: Media Campaign and Resource Locator b. Strategy is included in Exhibit B_(Exhibit A, Exhibit B) Item letter and/or number in Exhibit A or Exhibit B to the MOA: G.1 d. Amounted authorized for this strategy: not to exceed $5,000  e. Period of time during which expenditure may take place: July 1.2024. through June 30, Description oft the program, project, or activity: Funding will support public awareness campaigns to increase awareness and help prevent opioid misuse. Campaign messaging will come from state and county initiatives like "One Pill Can Kill". Tor raise awareness ofthe risks of opioid misuse, to raise awareness of treatment resources, and to decrease the prevalence ofc overdoses. Will also explore a website option for community members  2025.  tok know where to start to locate resources. Provider: Henderson County or TBD. Ninth strategy authorized  9.  a. Name of strategy: Prevention: STAR Program and Camp Glow 0. Strategy is included in Exhibit B(Exhibit A, Exhibit B) Item letter and/or number in Exhibit A or Exhibit B to the MOA: G.9 d. Amounted authorized for this strategy: not to exceed $10.000  Period of time during which expenditure may take place: July 1.2024. through June 30. Description oft the program, project, or activity: The STAR Program is a prevention program facilitated by the Sheriff's department. This program replaced DARE in the Henderson County School System and has demonstrated success in engaging students. Opioid Settlement funding will expand the capacity of this training to be able to serve  2025.    more students. Camp Glow offers a free overnight camping experience which strives to teach Henderson County Youth about the dangers of addiction and the devastating effects ofsubstance misuse. Success for this strategy will be demonstrated by an increase in students' knowledge about the harmful effects ofillicit drug use. $6.500 for STARand  $3,500 for Camp Glow.  & Provider: Henderson County Sheriff's Department and Camp Glow a. Name ofs strategy: Prevention/ & Intervention: Family Navigation Resource b. Strategy is included in Exhibit B( (Exhibit A, Exhibit B) C. Item letter and/or number in Exhibit A or Exhibit B to the MOA:G.12 d. Amounted authorized for this strategy: not to exceed $45.000  10. Tenth strategy authorized  e. Period oft time during which expenditure may take place: July 1.2024. through June 30. f. Description of the program, project, or activity: Funding will support approximately half the salary and benefits ofay position at the Children & Family Resource Center. The Family Mental Health Navigator position was created through a community collaboration tol help families navigate the fragmented behavioral health system. This position seeksto  2025.  offer prevention and intervention for families and youth. g. Provider: Children and Family Resource Center. a. Name ofstrategy: Naloxone Distribution. b. Strategy is included in Exhibit A (Exhibit A, Exhibit B) C. Item letter and/or number in Exhibit A or Exhibit B to the MOA: A.7 d. Amount authorized for this strategy: not to exceed $5,000.  11. Eleventh strategy authorized  e. Period oft time during which expenditure may take place: July 1.2024. through June 30. Description oft the program, project, or activity: Funding will support programs or organizations that distribute naloxone to persons at risk of overdose or their social networks.such as post-overdose response teams, programs that provide naloxone to persons upon release from jail or prison, emergency medical service providers or hospital emergency departments that provide naloxone to persons at risk of overdose.or community-based organizations that provide services to people who use drugs. Programs or organizations involved in community distribution of naloxone may, in addition, Provider: Henderson County Department of Strategic Behavioral Health.  2025.  provide naloxone to first responders.  12. Twelfth strategy authorized  a. Name of strategy: Prevention & Intervention: Hope CoalitionAltematives to Suspension  Program  b. Strategy is included in Exhibit B_(Exhibit A. Exhibit B) Item letter and/or number in Exhibit A or Exhibit B to the MOA: B.G d. Amounted authorized for this strategy: not to exceed $60,000  e. Period oft time during which expenditure may take place: July 1.2 2024. through June 30. f. Description oft the program, project, or activity: Funding will support a program to provide alternatives to suspension foryouth in Henderson County. The program will  2025.    utilize evidence-based programming to raise awareness of the risks ofopioid misuse.to raise awareness of treatment resources. and to decrease the prevalence ofoverdoses. Funding will cover training ofs staff. compensation for thes staff. space rental. and food  and supplies as needed fort the participants.  g. Provider: Hope Coalition. 13. Thirteenth strategy authorized a. Name ofs strategy: Reentry Programs  b. Strategy is included in Exhibit A_(Exhibit A, Exhibit B) C. Item letter and/or number in Exhibit A or Exhibit B to the MOA: A.12 d. Amounted authorized for this strategy: not to exceed $80.530.  e. Period oft time during which expenditure may take place: July 1.2024. through June 30. f. Description ofthe program, project, or activity: Funding will support a position embedded in the detention center for Reentry Services. Henderson County chose Criminal Justice Diversion as one ofits main strategies. The Reentry Specialist will connect incarcerated persons to addiction treatment, recovery support, harm reduction services, primary healthcare, or other services or supports they need upon release from  2025.  jail or prison, or that provide any oft these services or supports.  g. Provider: Henderson County. exceed $1,044.795.  The total dollar amount of Opioid Settlement Funds at this time appropriated is not to  Adopted this the 19th day of. June 2024.  Bhknsa REBECCA K. MCCALL, CHAIRMAN HENDERSON COUNTY BOARD OF COMMISSIONERS  ATTEST:  Donpsoull - DENISSA A. LAUFFER.CERAIUTHE BOARD  CQUNTYSEAL    FTIIY CUNTY HENDERSON  BOARD OF COMMISSIONER ENACTMENT 2024-081  RESOLUTION OF CONSISTENCY WITH THE 2045 COMPREHENSIVE PLAN WHEREAS, pursuant to N.C. General Statute $160D, Article 1, the Henderson County Board ofCommissioners exercises regulations relating to development within the County'sjurisaiction: and WHEREAS, the Henderson County Board of Commissioners (Board). adopted the Land Development Code (LDC) on September 19, 2007 and has amended the LDC to address new and  changing issues;  WHEREAS, the Planning Director and Planning Board provided recommendations regarding WHEREAS, pursuant tol N.C. General Statute $160D-601, the Planning Director provided the prescribed public notice, and the Board held the required public hearing on June 19, 2024; and WHEREAS, N.C. General Statute $160D-605 requires the Board to adopt a statement of NOWTHEREFORE, BE IT RESOLVED by the Henderson County Board of  the proposed zoning map amendment with case #R-2024-01-C; and  consistency with the 2045 Comprehensive Plan;  Commissioners as follows:  1. That the Board reviewed the proposed map amendment (#R-2024-01-C The Orchards atl Naples Rd Apartments) and determined that it is reasonable, in the public interest, and it is consistent with the 2045 Comprehensive Plan located therein because:  The subject area is located within the Community Center character area, The Community Center character area encourages mixed-use development, The Community Center character area land uses include a mix of housing, like The 2045 Comprehensive Plan describes the need for additional types of The application will address connectivity that was identified as one oft the  especially multi-story units, apartments,  housing and to diversify housing choices, and three outcomes in the 2045 Comprehensive Plan;  2. That the Board determines that the proposed map amendment provides for the sound administration of the LDC while balancing property rights and promoting reasonable 3. That this Resolution shall be retained in the Office of the Clerk to the Board of  growth within the County; and Commissioners. THIS, the 19th day ofJune 2024.    HENDERSON COUNTY BOARD OF COMMISSIONERS  BY: Aehu mail Rebècca McCall, Chairman  ATTEST: Denisa  14,343 [COUNTY SEALI  oie  Lauffer,Clerlo the Board    Subrecipient Agreement  between  County of] Henderson, a body corporate and politic of Camp Glow, Inc., a nonprofit corporation existing  the State ofNorth Carolina (the County)  under the laws ofNorth Carolina (the Sub-Recipient)  TIN:I-AVILA5 UEID:  OPIOID SETTLEMENT FUNDS GRANT  This agreement is made between the County and the Sub-Recipient.  Recitals:  Henderson County is aj party to the settlements arising from various national class action lawsuits against opioid As such, the County has received significant funding, tol be used expressly and only for prevention and treatment The Sub-Recipient hereunder has proposed aj project which would meet the requirements laid upon the County  drug manufacturers and distributors class action settlements.  of harm resulting from opioids. asar result of settlements.  The County and Sub-Recipient desire to enteri into this Agreement.  Agreement: Term:  This agreement shalll be effective from the date hereof, and shall terminate June 30, 2024.  Sub-Recipient's) Duties:  The Sub-Recipient shall provide the services as described in the attached statement, which is attached hereto and All funds provided to the Sub-Recipient under this Agreement shalll be used to accomplish the Project. The Sub-Recipient understands and acknowledges that total funding level available under this agreement will not exceed $2,500.00. The description oft thel Project shows the payment amounts tol be paid to Sub-Recipient: for the various aspects oft the Project. The Sub-Recipient agrees to complete all sections oft the Quarterly or Periodic Status Report & Accounting following each quarter and provide all supporting documentation when the The Sub-Recipient will provide to the County the following forms: W-9/Electronic Payment/Vendor Verification form (pursuant to 09NCACO 03M.002), Conflict of Interest Statement (pursuant tol N.C. Gen. Stat. $143C-6-23.b). and No Overdue Tax Debt Certification (pursuant to N.C. Gen. Stat. $143C-6-23(c)). Directed grants to nonprofit organizations are for nonsectarian, nonreligious purposes only. State funds for any one employee ofar nonprofit are capped at $120,000.00. Funds shall not revert until June. 30, 2024. The Sub-Recipient understands and acknowledges required compliance with all statutory provisions outlined in N.C. Gen. $143C-6-22 (use of State funds by non-State), and 09 NCACO3M. .0205 (minimum reporting requirement recipient and subrecipient), and of the North Carolina Opioid Settlement. Agreement.  incorporated herein by reference (the "Project").  quarterly Accounting is submitted.  Henderson County Subrecipient Agreement  Page 1 of41 Pages    County's] Duties:  The County shall pay the Sub-Recipient a total not to exceed $2,500.00. The appropriation shalll be distributed as received from various class action settlements referenced above. Once the County is satisfied that the Sub- Recipient has provided the County with all the required documentation as stated herein, the received  distribution, shalll be paid to the Sub-Recipient. Ouarterly Status Reporting:  The Sub-Recipient agrees toj provide quarterly, or 90-day project status reports tol be sent electronically from the  Sub-Recipient to the County and shall at a minimum include: a. Period stating beginning balance of the Project Fund.  i. Total expenses disbursed (aggregate totals) by the following project uses: a. Employee Expenses (e.g. program related staffing). C. Goods (e.g. supplies and equipment) expenses. d. Administration Expenses (e.g. overhead & project management).  b. Service and Contract expenses (e.g. utilities, telephone, data, lease related expenses). e. Other expenses (e.g. related charges not assigned above and described by recipient). ii. Period ending balance of the Sub-Recipient funding disbursed pursuant to this agreement. ini.. A descriptive summary ofb how the funds were used including outcomes and specific  deliverables or accomplishments to date.  b.C Quarterly project status reports shall be submitted by email to Ms. Jodi Grabowski, Behavioral Health  Systems Director, Henderson County Department of Strategic Behavioral Health.  Funds Management:  The Sub-Recipient agrees that funds paid through this contract shall be accounted for in a separate fund and accounting structure within the Sub-Recipient's central accounting and grant management system. The Sub- Recipient agrees to manage all accounts payable disbursements, check register disbursements and related transactions in a detailed manner that supports fully transparent accounting ofall financial transactions associated with this funding allocations described in the Quarterly Status Reporting, above. Expenditures for travel mileage, meals, lodging and other travel expenses incurred in the performance oft this Contract shall be reasonable and supported by documentation. State ratess should be used as guidelines. International travel shall not be eligible under this Contract. Ife eligible, the Recipient and all subrecipients shall: (a): ask thel North Carolina Department of] Revenue for a refund of all sales and use taxes paid by them in the performance of this Contract, pursuant to N.C.G.S. 105-164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their quarterly project status reports.  Monitoring and Auditing:  The Sub-Recipient acknowledges and agrees that, from and after the date of execution of this Agreement and for five (5) years followingi its termination, the books, records, documents and facilities of the Sub-Recipient are subject tol being audited, inspected and monitored at any time by the AGENCY upon its request (whether in writing or otherwise). The Sub-Recipient further agrees to provide County and the State ofNorth Carolina, and their respective staffs, with access to financial and accounting records to support internal audit, financial The Sub-Recipient acknowledges and agrees that, regarding the grant funds, it will be subject to the audit and reporting requirements prescribed in N.C. Gen. Stat. $159-34, rules and regulations. Such audit and reporting  reporting and related requirements.  Henderson County Subrecipient. Agreement  Page 2 of41 Pages    requirements may vary depending upon the amount and source of grant funding received by the Sub-Recipient  and are subject to change.  Taxes  The Sub-Recipient shalll be considered to be an independent recipient and as: such shalll be responsible for all taxes. The Sub-Recipient agrees toj provide the County with the Sub-Recipient's correct taxpayer identification number and Federal Unique Identification Number upon the execution of this Agreement. The Sub-Recipient agrees that failure to provide the County with a correct taxpayer identification number authorizes the County to  withhold any amount due and payable under this Agreement.  Sub-Contracting and Assignment:  The Sub-Recipient agrees that by assigning or subcontracting any work related to the contract to as subcontractor (a) The Sub-Recipient is not relieved ofany oft the duties and responsibilities of the original contract; and (b) The Sub-Recipient and all subcontractors agree to abide by the standards contained in this contract and to shall provide alli information to allow the County to comply with these standards. RECIPIENT agrees that all SUB-RECIPIENTS to this agreement shall comply with the following provisions of the North Carolina Administrative Code: "09 NCACO3M .0203 SUB-RECIPIENT RESPONSIBILITIES"  isv will insure that such entities shall comply with the following:  Compliance with Law:  The Sub-Recipient shall be wholly responsible for the scope of work tol be performed under this Agreement and for the supervision oft the Sub-Recipient's employees and assistants. The Sub-Recipient represents that it has, or will secure at its own expense, all personnel required inj performing the services under this agreement. Such employees shall not be employees of, nor have any individual contractual relationship, with the County. The Sub-Recipient shall be responsible for compliance with alll laws, ordinances, codes, rules, regulations, licensing requirements and other regulatory matters that are applicable to the conduct ofl his business and work performance under this Agreement, including those of Federal, State, and local agencies having appropriate The Sub-Recipient acknowledges and agrees that, ini its conduct under this Agreement and in connection with any and all expenditures of funds hereunder, it shall comply with the cost principles enunciated in the Code of Federal Regulations, 20 CFR, Part 200 (the Uniform Guidance). The Sub-Recipient further acknowledges and agrees that, ifitg grants any of the grant funds awarded hereunder to one or more subcontractors or sub-sub- recipients, the Sub-Recipient shall, by contract, ensure that the Uniform Guidance is applicable to and binding upon any and all such subcontractors, subsub-recipients, and the like, in their handling, use and expenditure of  jurisdiction.  the funds awarded toi the Sub-Recipient hereunder.  Amendments  Amendments must be in writing, and must be executed by the Sub-Recipient, the County and an authorized  representative of the State ofNorth Carolina.  Close-Out Process  The Sub-Recipient shall submit to the County a complete performance and expenditure status report (final  report) within ninety (90) days after expiration of this agreement June 30, 2023: 1)Acomplete accounting of how the appropriated funds were used;  Henderson County Subrecipient Agreement  Page3 3of41 Pages    2)A complete performance status report; and State ofNorth Carolina for such purpose.  3)A Certification stating the funds were used for the purpose appropriated on a template supplied by the  The above noted reports shall include Sub-Recipient and subcontractor and sub-sub-recipient reporting information related to the above noted quantitative results and accomplishments. The Sub-Recipient and any sub-sub-recipients: shall state their agreement ins such reports that all program activity resuits information reported shall bes subject to review and authentication as described int this Agreement, and that Sub-Recipient will provide access to work papers, receipts, invoices and reporting records, ifre requested by the County or the State of North Carolina, as the County or the State of North Carolina execute any audit internal audit responsibilitics. The Sub-Recipient will be deemed noncompliant ifi its final report is not submitted within the 90-day period stated above. Once the complete finalj performance and financial status report package has been received and evaluated by the County, the Sub-Recipient will receive official notification of agreement close-out. The letter will inform the Sub-Recipient that the County and the State ofl North Carolina are officially closing the agreement and retaining all agreement files and related material for aj period of five (5)y years or until all audit The undersigned represent and warrant that they are authorized tol bind their principals to the terms oft this agreement. In Witness Whereof, the Sub-Recipient and the County have executed this Agreement in  exceptions have been resolved, whichever is longer.  duplicate originals, with one original being retained by each party.  Camp Glow, Inc.  County of Henderson  By: GlonaAnn Jackson  By: Rebecca MSCalt  Name ofs signor: Gjpdatachan Name ofs signor RGR  Title: Resident Date: 5-30-24  Title: Todf@asialain  Date:  (0-19-2024  Henderson County Subrecipient Agreement  Page 4 of4 4 Pages    Henderson County, North Carolina Budget Ordinance Fiscal Year] July 1,2024-J June 30, 2025  FB  BOARD OF COMMISSIONERS ENACIMENTZ02432  Preamble  The County Manager's proposed budget for the Fiscal Year beginning July 1,2 2024 and ending June 30, 2025 ("FY2025')was presented to the Henderson County Board of Commissioners on May 6, 2024, pursuant to the North Carolina Local Government Fiscal Control and Budget Act, Article 3 of Chapter 159 of the General Statutes. The Board of Commissioners considered the proposal, deliberated concerning iti in a public budget workshop held May 15, 2024, and then held a public At the Board's meeting held June 19, 2024, the following Ordinance was offered by Vice-Chair Edney who moved its  hearing on the budget pursuant to N.C. Gen. Stat. $159-12 on June 3, 2024.  adoption. The vote on this motion is shown below.  BE IT ORDAINED BYT THE BOARD OF COMMISSIONERS OF HENDERSON COUNTY, NORTH CAROLINA, THIS 19th DAY OF JUNE, 2024:  Section 1- General Fund  A.  Terms of Appropriation  The General Fund amounts noted in the Appendices, below, incorporated by reference, are hereby appropriated for the operation of the Henderson County Government and its departments and agencies for FY2025. Other fund amounts as set forth in this Ordinance are also appropriated as presented in this section. Appropriations for land and new buildings  included int this Ordinance may be expended only after release by the Board of Commissioners.  1.  Operations  The County Manager or the Manager's designee is hereby authorized to execute all necessary agreements within funds included in the Budget Ordinance in departments subject to his control for the following purposes, and on the following  terms and conditions:  A) Grant agreements with public and non-profit agencies; 3) Leases of normal and routine business equipment;  Consultant, professional, or maintenance service agreements up to a projected contract amount of $50,000; Purchase of supplies and materials when formal bids are not required by law, pursuant to the Manager's  purchasing policy;  Agreements for acceptance of State and Federal grant funds; Construction or repair work where formal bids are not required by law; and and received written approval from the County Manager.  County departments shall not enter into contracts requiring formal bid procedures without having met with H) The Finance Director is hereby directed to release board-approved non-profit grants in regular installments as  required by and upon the execution of and compliance with the funding agreements.  Henderson County  FY2025. Budget Ordinance and Appendices, Page 1    The Finance Director may advance funds with the permission of the County Manager to the Sheriff's Department for their use in drug enforcement activities, for ultimate accounting and return by the Sheriff's The County Manager may authorize pilot programs for the County's departments and evaluate such programs Ina addition to the foregoing, the Sheriff may execute contracts that require no financial expenditure and have not fiscal impact on the county government budget (for example, a grant contract requiring no county match in personnel or funding). Contracts or agreements that require any type of County match outside oft the Sheriff's approved budget must be approved by the Board of Commissioners. Further, in the absence of express authority from Federal or State Court, all seizure transactions shall comply with N.C. Gen. Stat. 515-11.1. For purposes of the County Personnel Policies, Employee and Retiree Benefits, years of service to Henderson County government shall include all prior years of service, whether consecutive or not. M) All procurement of goods and services shall be in accord with applicable Federal and State laws and policies, including but not limited to 2 C.F.R. Part 200, Subpart D, and N.C. Gen. Stat. $143-131, and the County Purchasing Policy. Notwithstanding, however, and in accordance with 2 C.F.R. 5200.320(a)(1)lv) and the applicable provisions of North Carolina law, the County hereby self-certifies the following micro-purchase thresholds, each of which is a "higher threshold consistent with State law" under 2C.F.R. 200.3200)d)/C: 1) $30,000, for the purchase of "apparatus, supplies, materials, or equipment"; and 2) $30,000, for the purchase of "construction or repair work";and 3) $50,000, for the purchase of services not subject to competitive bidding under North Carolina law; 4) $50,000, for the purchase of services subject to the qualfications-Dased selection process in the Mini-Brooks Act; provided thats such threshold: shall apply to a contract only ift the Unit has exercised an exemption to the Mini- Brooks Act, in writing, for a particular project pursuant to N.C. Gen. Stat. 5143-64.32. If such an exemption is not authorized, the micro-purchase threshold shall be  Department.  fore effectiveness and efficiency.  and  $10,000.  N) The General Fund amounts noted in the Appendices, below, incorporated by reference, are hereby appropriated for the operation of the Henderson County Government, including the Office of the Register of Deeds for Henderson County and the Office of the Sheriff of Henderson County, andi its departments, offices, and agencies for FY2025. Other fund amounts as set forthi ini this ordinance are also appropriated as presented in this section. Appropriations for land and new buildings included in this ordinance may be expended only after release by the Board of Commissioners; these appropriations shall be exclusively managed and controlled by the County Manager under the terms of this Ordinance, and no department head, elected or appointed  official, shall have any authority over appropriations inconsistent herewith.  2.  Construction Changes  The County Manager or the Manager's designee is hereby authorized to execute necessary agreements with regard to ongoing construction projects undertaken by the County, without the requirement of consultation with the Board of A) The Manager may approve any and all non-emergency change orders which do not increase the construction budget for the project by more than 25% of the then-unallocated budgeted amount for contingencies'int the B) Any change order approved by the County Manager involving a change of more than $10,000 to the construction budget shall be reported to the Board of Commissioners, as an information-only item within the Ine emergencies, change orders greater than those authorized above may be approved by the County Manager after consultation witha andy with the approval of the Chairman of the Board of Commissioners. In anys sucho case, a report of the same shall be made to the Board of Commissioners at their next regularly scheduled meeting.  Commissioners, in the following circumstances:  particular project budget.  County Manager's monthly report.  Henderson County  FY2025. Budger Ordinance and. Appendices, Page 2    3.  Operational Changes  The County Manager is hereby authorized to transfer appropriations within af fund as contained herein under the following A) The Manager may transfer amounts between objects of expenditure within a department without limitation B) The Manager may transfer amounts upt to $50,000 between departments within the same fund with an official C) Thei Manager may transfer amounts upt to $50,000f from anyappropriation withini the generalf fundi to a separate D) The Manager may modify the budget for pass-through monies, additional funding, or any Federal or State E) The total of all amounts encumbered for outstanding purchase orders and contracts as of the end of June 30, 2024, shall be carried forward in fund balance as the amount Reserved for Encumbrances and the corresponding appropriations for these encumbrances shall not lapse in order to properly account for the  conditions:  and without a report being required.  report on such transfers provided to the Board of Commissioners.  fund with an official report on such transfers provided to the Board of Commissioners. program prior approved byt the Board, without a report being required.  payment in the fiscal year paid.  The County's authorized general fund appropriations are as shown on Appendix A hereto, which is incorporated herein by  reference. B.  Revenues  Fort the operation of the Henderson County's government andi its subdivisions for FY2025, it is estimated that the revenues and fund balances of the General Fund will be availabie to meet the appropriations as set forth herein. All fees, commissions, and sums paid to or collected in any fund by any County official, officer, or agent for any service performed fors such official, officer, or agent in his official capacity shall accrue solely to the benefit of the County and become County The County's estimated general fund revenues are as shown in Appendix A hereto, which is incorporated herein by  funds. reference.  1.  Ad' Valorem Taxl Levy  That there is hereby levied for FY2025 an ad valorem property tax at the rate shown in Appendix A hereto, which is incorporated herein by reference, fort the! purpose of raising ther revenue for current year'staxes as setf forth int thei foregoing estimates of revenues, andi in order to finance the foregoing appropriations, pursuant to and in accordance with the North Carolina Machinery Act (codified within Chapter 105 of the North Carolina General Statutes) and other applicable laws. This rate is based on an estimated total valuation of $24,852,639,951 of taxable property and a collection rate of ninety-eight percent (98%). The Budget Ordinance also names ad valorem property taxes as the specific revenue source to fund the Tax  Revaluation Reserve Fund as shown in Appendix Chereto, which is incorporated herein by reference.  2.  Fees, Licenses and Other Taxes  There is hereby levied all County Privilege License Taxes as authorized by North Carolina General Statutes, and such other taxes and fees, as provided in the ordinances, resolutions, and fee schedules duly adopted by the Board of Commissioners. Fee schedules used int the development oft this budget and adopted by the Board of Commissioners are: setf forth and a copy  of such is maintained ini the Office of the County Manager.  Henderson County  FY2025, Budger Ordinance and. Appendices, Paye3    C.  Based on the Annual Budget  The appropriations, schedules of expected revenues, and taxes levied, as stated herein, are based on the annual Budget as hereby approved, a summary of which Budget is attached as Schedule No. 1to Appendix A, and the terms of which Budget are hereby specifically incorporated by reference. The expenditures for general economic development activities are by appropriation to the Henderson County Partnership for Economic Development, for purposes which include advertisement of economic climate, recruitment of appropriate industries and businesses, and other actions to assist in increasing the  employment, industrial output, taxable property, or business prospects of the County.  Section 2 - Fire Districts Fund  There are hereby appropriations and revenues estimated to be available in the Fire Districts Fund for FY2025 for payment tot the appropriate corporation providing fire protection within each district as shown in Appendix 8 hereto, which is  incorporated by reference. Section 3 - Other lunds  There are hereby appropriations and revenues estimated to be available in special County budget funds as shown in  Appendix CI hereto, which is incorporated herein by reference.  Section 4 - Public Schools  The Henderson County Finance Director is hereby directed to remit the appropriation to the Henderson County Public Schools for local current expense in monthly installments equivalent to one-tenth (1/10) of the total county appropriation,  during the months of July through April, and by not later than the thirtieth (30th) of each month.  Section 5 - Elected Officials  Henderson County elected officials shall be compensated as shown in Appendix D, which is incorporated herein by  reference.  Scction 6 - Use of Budget  This Ordinance andi the budget shall bei the basis for the financial plan for the County of Henderson, North Carolina, during FY2025. The County Manager shall administer the budget and ensure that operation officials are provided guidance and Thel Finance Directors shalle establish records which are in consonance with the budget, this Ordinance andregulating statutes Notwithstanding other Ordinances, Resolutions or other adoptions of this Board, all County citizens shall have the right to use Henderson County'sp parks and other recreation facilities free of any admission charge, subject to regularlya adopted and  information in sufficient detail to implement their portions of the budget.  of the! State of North Carolina.  customary facility rental fees, scheduling, participation fees, and other regulations.  Henderson County  FY2025 Budget Ordinance and. Appendices, Page 4    Sccrion 7- Effective Date  This Ordinance shall be effective byi its terms for FY2025 upon adoption.  VOTING:  AYES: McCall, Edney, Lapsley, Andreotta, Hill  NAYS:  Adopted this the igt day ofJune, 2024.  3F : 1  HENDERSON COUNTY BOARD OF COMMISSIONERS  mhikur MSKll REBECCA: MCCALL, Chairman  Attest:  MNw R DENISA A. LAUFFER,  to the Board  Henderson County  FY2025 Budget Ordinance and. Appendices, Page 5    APPENDIX. A  GENERAL FUND APPROPRIATIONS  Governing Body Dues & Non-Profit Contributions County Manager Administrative Services Human Resources Elections Finance Assessor Tax Collections Legal Register of Deeds Facility Services - Facility Services Division Facility Services - Garage Division Court Facilities Information Technology Sheriff Detention Facility Building Services Wellness Clinic Animal Services Rescue! Squad Forestry Services Soil & Water Conservation District Planning Code Enforcement Site Development Heritage Museum Cooperative Extension Project Management Economic Development Public Health  $671,803 1,055,544 466,644 829,103 1,527,684 1,241,838 1,421,108 2,194,714 597,890 1,107,787 779,052 6,222,214 461,539 153,000 6,197,709 25,299,273 7,251,349 948,725 1,097,642 1,863,208 1,533,962 13,662,702 984,647 782,750 133,168 460,169 1,123,598 353,444 234,739 100,000 843,323 267,161 2,097,190 11,539,783 1,889,599 863,502 95,000 473,611 528,612 201,384 19,855,443 3,582,729 100,000  Emergency! Services - Emergency Management Division Emergency Services - Fire Services Division  Emergency Services - Emergency Mediçal Services Division  Public Health-B Environmental Health Division Home & Community Care Block Grant (H&CCBG) Medical Services Autopsies Strategic Behavioral Health Mental Health - Maintenance of Effort Funding Rural Operating Assistance Program (ROAP) Social Services Social Services - Federal & State Programs Social Services - General Assistance Division    Juvenile. Justice Grant Veterans Services Public Library Recreation Public School System Current Expense Capital Expense Transfer to Other Agency-SRO Blue Ridge Community College Public Schools Debt Service Community College Debt Service General Debt Service Non-Departmental Transfers to Other Funds  306,020 241,124 4,108,159 3,185,808 36,628,000 35,378,000 1,000,000 250,000 5,750,000 11,321,925 3,218,681 7,986,592 955,510 7,745,851 $204,542,012 $104,600,659 103,559,409 1,041,250 43,739,610 1,616,000 61,000 16,996,532 2,278,750 8,404,357 2,010,000 1,435,557 473,611 22,925,936 $204,542,012  TOTAL GENERAL FUND APPROPRIATIONS:  GENERAL FUND REVENUES  Ad' Valorem Taxes Current year general levy Prior) year taxes, interest and penalties Local option sales taxes Other taxes and licenses Unrestricted intergovernmenta revenue Restricted intergovernmental revenue Permits and fees Sales and services Investment earnings Other revenues Transfers from other funds Fund balance appropriated TOTAL GENERAL FUND REVENUE  RATE OF AD' VALOREM PROPERTYTAXL LEVY  The ad valorem property taxi is levied ati the rate of forty-three and one tenth cents ($ 0.4310) on each one hundred dollars ($100) ofassessed valuation of taxable property, based on al listing date of January 1, 2024.    APPENDIX B FIRE DISTRICTS FUND  Revenues Appropriations District Bat Cave Blue Ridge Dana Edneyville Etowah-Horse Shoe Fletcher Gerton Green River Mills River Mountain Home Raven Rock Valley Hill Valley Hilll II  $16,876,915 $16,876,915  Fire District Tax Rate for these special tax districts listed are as follows (at cents per $100 value):  Rate .120 .130 .140 .115 .115 .105 135 .100 .100 .115 .120 .090 .090    APPENDIX C  SPECIALFUNDS, APPROPRIATIONS. ANDI REVENUES  A. Capital Reserve Fund (Fund2 21)  The following is hereby appropriated, and revenues estimated to be available in the Capital Reserve Fund for FY  2025:  Revenues Appropriations Reserve Projects: Capital Outlay - Buildings and Improvements Capital Outlay- Vehicles  $1,627,269 $1,627,269 $1,254,919 $372,350  B. Revaluation Reserve Fund (Fund 25)  The following is hereby appropriated, and revenues estimated to be available in the Revaluation Reserve Fund for  FY2025:  Revenues Appropriations  $1,413,172 $1,413,172  C. Emergency Telephone System Fund (Fund 28)  The following is hereby appropriated, and revenues estimated to be available ini the Emergency Telephone System ("E-911") Fund for FY: 2025 (revenues for this fund are based on a $0.55 surcharge per phone line):  Revenues Appropriations D. Public Transit Fund (Fund 33)  $360,945 $360,945  The following is hereby appropriated, andi revenues estimated to be available int the Public Transit Program Fund for  FY2025:  Revenues Appropriations  $1,276,890 $1,276,890  E.Other Miscellaneous Governmental Activities (Fund 36) Governmental. Activities Fund for FY2025:  The following is hereby appropriated, and revenues estimated to be available in the Other Miscellaneous  Revenues Appropriations  $1,074,000 $1,074,000    F. Capital Projects Fund (Fund 40)  The following is hereby appropriated, and revenues estimated to be available in the Capital Projects Fund for FY  2025:  Revenues Appropriations Capital Projects: ITD Depreciation Fund Radio System Equipment Replacement Multi-Year Vehicle Fund G. HCPS MRTS Fund (Fund 44)  $1,891,875 $1,891,875 $200,000 $50,000 $1,641,875  The following is hereby appropriated, and revenues estimated to be available in the Henderson County Public  Schoo5-Maintenante, Repair, Technology and Security Fund for FY: 2025:  Revenues Appropriations H. BRCCI MRTS Fund (Fund 45)  $3,603,500 $3,603,500  Thet followingi is hereby appropriated, and revenues estimated tol be available ini the Blue Ridge Community College-  Maintenance, Repair, Technology and Security Fund for FY: 2025:  Revenues Appropriations  $2,301,750 $2,301,750  I. Opioid Settiement Fund (Fund 51)  The following is hereby appropriated, and revenues estimated to be available in the Opioid Settlement Fund for FY  2025:  Revenues Appropriations Approved Projects: Operating Costs  $1,044,793 $1,044,793 $473,611 $571,182  Transfer to General Fund /F Personnel Costs  J. Solid Waste Enterprise! Fund (Fund 60)  The followingi is hereby appropriated, and revenues estimated to be available ini the Solid Waste Enterprise Fund for  FY2025:  Revenues Appropriations  $10,144,975 $10,144,975    K. Justice Academy Sewer Fund (Fund 63)  The following is hereby appropriated, and revenues estimated to be available in the. Justice Academy Sewer Fund  for FY2025:  Revenues Appropriations  $70,006 $70,006    APPENDIX D PUBLIC OFFICIALS' COMPENSATION  A. Henderson County Board of Public Education the Chair, shall be compensated at $3,600 annually. B. Henderson County Board of Commissioners  The Chairman of the Board shall be compensated at an annual rate of $4,500. Members of the Board, other than  (1) Salary  The Chairman of the Board of Commissioners shall be compensated: at an annual rate of $35,025 paid on the same basis as other county employees. Members of the Board, other thant the Chair, shall be compensated at an annual  rate of $28,410 paid on thes same basis as other county employees.  (2) Expenses and Special Meetings  The Chairman and Members shall also receive an additional $75 per special-called meeting and $7,300 annually for  travel expenses. C.S Sheriff  The Sheriff shall be compensated at an annual rate of $150,989. Notwithstanding, the Board reserves the right to  adjust this salary pursuant to North Carolina law.  D. Register of Deeds  The Register of Deeds shall be compensated at an annual rate of $106,338. Notwithstanding, thel Board reserves  the right to adjust this salary pursuant to North Carolina law.