MINUTES  STATE OF NORTH CAROLINA COUNTY OF HENDERSON  BOARD OF COMMISSIONERS WEDNESDAY,APRIL 17, 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, Present for the meeting 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, Also present were: Director of Business and Community Development Christopher Todd, Finance Director Samantha Reynolds, Budget Manager/Internal Auditor Sonya Flynn, Budget Analyst Jennifer Miranda, Recreation Director Bruce Gilliam, Engineer Marcus Jones, Planning Director Autumn Radcliff, Senior PlannerJanna Bianculli, Assistant Finance Director Randal Cox, Human Resources Director Karen Ensley, Tax AdministratorHarry Rising, Director ofPublic Health Steve Smith, Capital Projects Manager Bryan Rhodes, DSS Director Jerrie McFalls, Emergency Management/Rescue Coordinator Jimmy Brissie, Director of Facility Services Andrew Griffin, Johnny Duncan, and PIO Kathy Finotti- videotaping. Deputy Chris Stepp provided security.  Hendersonville.  and Clerk to the Board Denisa Lauffer.  CALLTOORDERDER/WELCOME  Chairman McCall called the meeting to order and welcomed all in attendance.  INVOCATION  John Mitchell provided the invocation. PLEDGE OF ALLEGIANCE  Chairman McCall led the Pledge of Allegiance to the American Flag.  RESOLUTIONS AND KECOGNITIONS 2024.045 Proclamation - Economic Development Week May 6-10, 2024, as Economic Development Week. Chairman McCall read the Proclamation aloud.  The Partnership for Economic Development requested the Board ofCommissioners proclaim  PROCLAMATION  PROCLAIMING MAY6-10, 2024 AS ECONOMIC DEVELOPMENT WEEK WHEREAS, communities rely on economic development professionals to promote economic  well-being and quality oflife; for Henderson County that means the attraction and retention of quality jobs, soliciting new businesses compatible with the assets and  Approved: May 6, 2024    April 17, 2024  2  values ofHenderson County, promoting Henderson County's! business image, assisting expansion of existing companies, and enhancing Henderson County's manufacturers in Henderson County, marketing to recruit new high-quality jobs;  overall quality ofl life; and  WHEREAS, economic developers participate in a numerous activities helping the over 130  and  WHEREAS, the Henderson County Partnership for Economic Development is the professional  development entity for Henderson County. The Partnership is a5 501 c6, public private organization and since its inception has facilitated over $1,094,115,000 in new capital investment, accounting for 24% oft tax receipts, and created over 3,370 new. jobs, and worked to retain over 11% oft the workforce ini manufacturing  NOW,THEREFORE, the Henderson County Board of Commissioners, hereby proclaim May 6-10, 2024 as Economic Development Week, and remind citizens oft the importance ofthis community celebration which supports expanding business opportunities and making lives better.  Adopted this 17th day of April 2024.  Chairman McCall made the motion 10 adopl the proclamation, for Economic Development Week. The Proclamation was presented to the Partnership for Economic Development Board and staff  All votedinf favor, and the motion carried.  members who were present.  2024.046 Proclamation - National Tennis Month  The Community Association ofHenderson County, in association with the US Tennis Association, requested the Board ofCommissioners proclaim May as National Tennis Month.  Commissioner Andreotta read the Proclamation aloud.  PROCLAMATION  PROCLAIMING MAY AS NATIONAL TENNIS MONTH  WHEREAS, on May 21, 1881, the United States Tennis Association (USTA), originally known  as the United States National Lawn Tennis Association, was founded in New York City, New York, to create rules and standards for the emerging game of  lawn tennis; and  WHEREAS, the USTA is the nonprofit, national governing body for tennis in the United  States, and leads the promotion and growth of the sport at every level of play,  from beginners to professionals at the US Open; and  WHEREAS, the USTA is the largest tennis organization in the world, with over. 550,000  Approved: May 6, 2024    April 17, 2024  3  members from every corner oft the country; and  WHEREAS, the USTA proudly partners with local tennis programs to showcase the important  health, social, and educational benefits oft tennis and make the sport available to everyone, regardless of age, environment, condition, or ability, through its USTA  Adaptive Grants; and  WHEREAS, the latest research by the Physical Activity Council shows that more than 23.8  million Americans played tennis in 2023, an unprecedented 25 percent increase in participation over 2020 and the highest number of players since the PAC study  began in 2007; and  WHEREAS, by increasing the accessibility oftennis for citizens ofHenderson County, NC of  all ages and ability, the USTA and its local affiliate, the Community Tennis Association ofH Henderson County, have contributed to making our community  happier and healthier; and  WHEREAS, the USTA has declared the month of May as National Tennis Month to encourage  players, organizations, facilities, retailers, tennis manufacturers, and more to promote local programs and activities at parks and facilities to showcase tennis and spread the word about the sport and its benefits, and to help players and non- players alike find courts and play opportunities in their communities.  NOW, THEREFORE, the Henderson County Board ofCommissioners, hereby proclaim May 2024 as National Tennis Month and hereby urge the citizens of this great county to become  aware of and support National Tennis Month. Adopted this 17th day of April 2024. voted inj favor, and the motion carried.  Commissioner Andreotta made the motion to adopt the proclamation, for National Tennis Month. All  The Proclamation was presented to Recreation Director Bruce Gilliam. 2024.047 National Public Safety Telecommunicators Week (Add on)  RESOLUTION DECLARING APRIL 14-20, 2024A AS NATIONAL PUBLIC SAFETYTELECOMMUNICATORS WEEK  Commissioner Hill read the Resolution aloud.  WHEREAS, emergencies can occur at any time that require law enforcement, fire, or emergency medical WHEREAS, when an emergency occurs, the prompt response of law enforcement officers, firefighters,  services; and,  and EMS providers is critical to the protection ofl life and preservation of property; and,  Approved: May 6, 2024    April 17, 2024  4  WHEREAS, the safety of our law enforcement officers, firefighters, and EMS providers is dependent upon  the quality and accuracy ofinformation obtained from citizens who contact the Henderson  County E-911 Communications Center; and,  WHEREAS, Public Safety Telecommunicators are the first and most critical contact our citizens have with WHEREAS, Public Safety Telecommunicators are the single vital link for our law enforcement officers,  emergency services; and,  firefighters, and EMS providers by monitoring their activities by radio, providing them  information, and ensuring their safety; and,  WHEREAS, Public Safety Telecommunicators are critical in improving the chance of survival for patients  who experience sudden cardiac arrest by recognizing the need for cardiopulmonary resuscitation and other lifesaving interventions prior to arrival of EMS; and,  WHEREAS, Public Safety Telecommunicators ini the Henderson County E-911 Communications: Center  have contributed substantially to the apprehension of criminals, suppression of fires, and  treatment of patients; and,  WHEREAS, each elecommunicator has exhibited compassion, understanding, and professionalism during NOW,THEREFORE, BE ITI RESOLVED that the Henderson County Board of Commissioners do hereby declare the week of April 14 - 20, 2024 to be National Public Safety Telecommunicators Week in Henderson County in honor of the individuals whose diligence and professionalism keep our community and citizens In witness whereofI have hereunto set my hand and caused the seal oft the County of Henderson to be  the performance oft their job in the past year.  safe. affixed.  Adopted this the 17h day of April, 2024.  Commissioner Hill made the motion to adopt the Resolution for National Public Safety  Telecommumicators Week. All voted inj favor, and the motion carried. The Resolution was presented to the E911 staff who were present.  INFORMAL PUBLIC COMMENT  1. Patricia Sheley said she had heard residents say that the DOT was responsible for initiating road projects. She said an article in the Hendersonville Lightning stated that every project in the pipeline comes from the local government to the DOT. She went on to talk about other 2. Martha Rollefson thanked the Board for updating the County's Land Development code. She asked the Board toj pay close attention tos section 42-88, the conservation: subdivision standards.  projects from the past.  She felt the language in the section to be weak.  Approved: May 6, 2024    April 17, 2024  5  DISCUSSION/ADJUSTMENT OF AGENDA  Commissioner Hill added the Resolution for National Telecommunicators Week.  Vice-Chair Edney pulled consent agenda item G - Interlocal agreements for Tax Collections and Vice-Chair Edney made the motion to accept the agenda with the revisions listed. All voted in favor;  moved to Discussion. and the motion carried.  CONSENT AGENDA consisted of the following:  Approval of Minutes  Draft minutes were presented for Board review and approval for the following meeting:  April 1, 2024 - Regularly Scheduled Meeting  Motion:  Imove the Board approve the minutes of April 1, 2024.  Revised Minutes - December 4, 2023  The Board was requested to approve the revised minutes for the Board's December4, 2023,  meeting.  Motion:  Imove the Board approve the revised minutes of December 4, 2023.  Tax Collector's Report  The report from the office oft the Tax Collector was provided for the Board'si information.  Please find outlined below collections information through April 4, 2024 for 2023 real and personal property bills mailed on August 21, 2023. Vehicles taxes are billed monthly by NC DMV.  Henderson County Annual Bills (Real and Personal Property):  2023 Beginning Charge: $99,217,401.89 Discoveries & Imm. $216,128.76 Releases & Refunds: ($302,702.16) NetCharge: $99.130.828.49 UnpaidT Taxes: $1,316,140.06 Amount Collected: $97,814,688.43 Net Charge: $5,751,275.24 UnpaidT Taxes: Amount Colleeted: $5,733,70-4.81  Unpaid 1.33%  Paid 98.67%  Henderson County Registered Motor Vehicles (As Collected by NC DMV):  $17.570.43 BudgetOrdinance  99.69%  Henderson County FY24 Budget Analysis:  RevenueCollected $774,125.46 Millions 5100 $120  Ad Valorem: $97.695.412.00 Prior Years: $1,041.250.00 Budget Total: $98,736,662.00 linerOndine Reveneculleced 520  Ad Valorem: $103,548,393.24 Prior Vears: YTD Revenue: $104,322,518.70  $40  $60  $so  Approved: May 6, 2024    April 17, 2024  6  2024.048 FY2025 Consolidated Agreement t-I NC Department of Health and Human The Henderson County Department of Public Health requested approval of the Consolidated Agreement with the NC Department of Health & Human Services for FY 2025. This agreement isp presented to the Henderson County Board of Commissioners on an annual basis. The required signatures include a County Official (Chairman of the Board of Commissioners or County The agreement requirements have not significantly changed compared to the FY 2024 Consolidated Agreement. The Summary of Changes document highlights the changes for FY 2025. The county attorney also reviewed this Agreement, with no legal concerns noted. The Henderson County Board of Health reviewed and approved the proposed agreement at their March 12, 2024, meeting, with guidance to forward it to the Henderson County Board of  Services (NC DHHS)  Manager), County Finance Officer, and Health Director.  Commissioners for their consideration and final approval.  Motion:  Imove the Board approve the FY 2025 Consolidated Agreement between the NC Department of Health & Human Services and the Henderson County Department  ofPublic Health.  Recreation - Addition of Positions  Inl February 2024, Henderson County issued a Request for Proposals for landscaping and mowing services at County Parks and Recreation facilities. Proposals were received by March 13, 2024, and the results exceeded anticipated costs. Staff reviewed the viability and cost differential of bringing this function in-house and determined that doing sO would benefit the County in terms of overall cost and building additional capacity for maintenance of our recreation facilities.  Motion:  Imove the Board approve the addition of two (2) Park Technician positions  within the Recreation Department effective immediately.  Temporary Project Position - Finance  The Board was requested to approve the addition of a temporary project position in the Finance Department, effective April 17, 2024, through no later than June 30, 2024. The addition of the position would allow the Department to hire a replacement for a position that will be impacted by a reorganization in FY25 and provide a period of training for the new employee. The project  position will be temporary and eliminated at the end ofFY24.  Motion:  Imove the Board approve the temporary, project position, effective April 17,2024,  through not later than. June 30, 2024.  Bid Award for Jackson Park and County Facilities Paving  The Board was requested to approve the bid and authorize staff toj proceed with paving at Jackson Park and County Facilities. Bidding was conducted between March 6, 2024, and March 28, 2024. The proposal received from Tarheel Paving was for a total price of $326,476.80, inclusive of  Approved: May 6, 2024    April 17, 2024  7  Alternate 2 Jackson Park. The budget for Jackson Park Paving was being funded by state grant funds, which had an available balance of $609,648. The county-wide paving projects have an  available budgeto of$150,000 utilizing County funds.  Motion:  - move the Henderson County Board of Commissioners 10 accept the lowest responsive, responsible bidj from Tarheel Paving and authorize Henderson County staff to proceed with the award of Jackson Park and County Facilities Paving in  the amount of $326,476.80.  Vaya Health - Letter of Support  The Board was requested to approve a letter of support for Vaya Health, in collaboration with Partners Health Management, to become the statewide administrator for the CFSP.  Motion:  Imove the Boardapprove the letter ofsupport as presetedamdauthorie. the Chair  t0 execute it on behalfofthe Board.  Commissioner Hill made the motion. to adopt the agenda as presented. All votedinfavor, andi the  motion carried. PUBLIC HEARINGS  2024.049 Public Hearing on Financing Package for Solid Waste 3rd Bay GMP Chairman McCall made the motion to, go into the Public Hearing. All voted inj favor, and the As authorized by the Board within the FY24 Solid Waste budget, staff proceeded with the construction of the Third Transfer Station Bay project. The project has developed to the stage where approval of the GMP2 was needed by the Board. Note that the Board approved GMPI during its February 5, 2024, meeting. Vannoy has presented and staffreviewed the proposals for GMP2. The scope of GMP2 is to complete the construction oft the third transfer station bay by a completion date of April 16, 2025. The proposed guaranteed maximum price is $4,192,540, and the details of the scope and price can be found in the proposal from Vannoy. The total of both Also presented for Board approval was the proposal from SCS Engineers for construction administration and materials testing for the duration of GMP2. SCS's previously approved With the total cost identified and under budget, staff has begun the design and permitting for extending the entrance road to thei transfer station from Stoney Mountain Road to the current three- lane section. This will provide two entrance lanes and improve congestion and customer service. Staff will present a proposal for the construction of the extension based on unit prices from the  motion carried.  GMPS is $8,217,076, which is $273,694 under budget.  agreement was for the duration ofGMP1. The proposal is for $95,000.  GMP for the Board's consideration at a future meeting.  Approved: May 6,2024    April 17, 2024  8  Samantha Reynolds said four banks had responded to the RFP; the winning bidder selected was JP Morgan Chase, with an all-inclusive rate of 4.07% with a ten-year call option. JP Morgan Chase offers the most competitive rate for the fifteen-year term option selected. Vice-Chair Edney asked who made the decision to award JP Morgan Chase as the winning bidder. Mrs. Reynolds said staff was presented with all the options and the different terms with rates and chose the bank that would fit the best within the County's capacity. Edney said while he was happy that staffhad made the selection, the Board would always want to see all the bidders and what spreads had been offered. Mrs. Reynolds said she would provide those options to the Board. Commissioner Lapsley asked for clarification on the bonds. Should the Board decide to proceed with the bonds, this borrowing would be paid back through tipping fees and revenues, not from the general fund. Mrs. Reynolds said yes, that was correct the borrowing would be repaid out oft the Solid Waste Fund. Chairman McCall said there was more involved in this project than a bay to dump trash and asked County Engineer Marcus Jones to provide additional information about the project. Mr. Jones said that the bay will be in a difficult environment with trash being scraped, pushed, and compacted, which requires a significantly stout build that includes a substantial amount of concrete and steel. Ina addition to the transfer station, the road network will also be reconstructed to allow for the John Mitchell said there were two items before the Board that had been grouped together. They were grouped together sO that the public could see what the borrowing was for and understand how staff got to the number. The county has an enterprise fund, which is a way to delineate funds for what might be looked at as a small business but a business that the County performs. One of those items is the transfer station. The transfer station encompasses all the activities that happen att the old landfill. Thati includes taking care ofthe old landfill, keeping the property mowed, taking trash from county residents, and transferring the trash that is collected; that is why it is called a transfer station, as there is not an active open landfill in the county anymore. The third operation isn recycling activities that are performed by the county. As more people move to the county, more trash is produced. With the increased business, the wait time is often pushed out into Stoney Mountain Road. Mr. Jones and his staff have been working on a plan to expand the capacity at the facility for increased safety and better serve the citizens of the county. The third bay is part of that project. There are two items before the Board of Commissioners. The first is the borrowing item, and the second, which requires the Board to vote, is the Guaranteed Maximum Price for the Mr. Jones said that with the volatile construction market staff was unsure oft the cost estimates and the amount oft funding available, sO they did not "pull the trigger" on expanding the entrance road to three lanes. With the amount that Vannoy shows under budget the county would have the ability to add that portion of the project back. The staff has started the design and permitting for that portion, and it will come back before the Board at a later date for the change to the project. The cost oft the change will be based on competitively bid asphalt prices and earthwork from GMP #1. Itwill not be a negotiated price it will be established based on1 the bids that have already been done. The addition of the third lane all the way to Stoney Mountain Road will allow haulers and commercial traffic the ability to get out ofthe residential traffic line and over to the automated pay system quickly. This would be a great improvement for the haulers, who represent 70% of the  separation of residential and commercial traffic.  improvements included in the project.  business at Solid Waste.  Approved: May 6, 2024    April 17, 2024  9  Mr. Jones said substantial concrete push walls are required to help guide the trash back to the pit. Several push walls are armored with AR400 high-strength steel, which is costly but necessary. If the walls are not armored, the abrasiveness of the chemicals in the trash limits the life of the Commissioner Andreotta asked ifthe floor currently being demolished was the original floor from when the building was constructed in 2005. Mr. Jones said the floorsystem consists ofas subgrade, a base (if the floor included this), a 10-inch structural slab, and a 3-inch sacrificial concrete slab on top. The subgrade is designed to take the abrasions, and the superficial slab will fail. The only part that would need tol be replaced would be the top part, the superficial slab. In an ideal situation, like with the original bay, the floors must be replaced every eight years. With the second bay, the floor has not lasted nearly that long; in fact, that floor system in the 2nd bay, the 2005 bay, has been replaced more often than the floor constructed in the 95. Commissioner Andreotta clarified that. Jones was talking about the top layer. Mr. Jones said yes, the top layeri is what he was referring to. He said they are now discovering that without an adequate rock base on the bay, there is a lot ofmovement on the structural slab, and when the structural slab moves, the sacrificial slab cannot move with it, which causes it tol break up, resulting in a replacement floor. Mr.Jones said replacing just the sacrificial slab floor alone costs approximately $250,000 - $300,000. The return on investment from removing the structural slab as well to make this a $500,000 project will pay off Commissioner Hill clarified with Mr. Jones that the new bay would be for commercial haulers. Mr. Jones said that is correct, but the bay will also be set up to be flexible, sO staff may utilize it based on operational difficulties or challenges, such as a bay being temporarily closed. This additional bay will allow the capability to separate the traffic and the flexibility to use it when needed. In closing, he said the 3rd bay would be primarily used for commercial haulers; that is where the bulk of the county's trash comes from. Mr. Hill stated that the 3rd bay was a much- County Attorney Russ Burrell noted that there had been a change in the agenda item since the item was originally prepared that needed tol be included in the extract of minutes. In the original extract of minutes, a two-part action was described, one to finance construction and the second was re- finance to the debt that is owed to Truist Bank. He asked that the word "optional" be added after letter B in the second part of the action because, as of yesterday's conference talking with the financing representatives, that probably would not happen. That debt will be paid outside ofthis.  concrete.  ine eight years. He believed this to be a sound investment.  needed safety upgrade; Jones agreed.  Third Transfer Station Bay: GMP#2 BOC approved GMP#1 on 2/5/24 for $4,024,536 to replace the floor in existing! bay #1 andi for site work for the bay #3 project Approve Vannoy's GMPH2 proposal of $4,192,5401 fort the remainder oft the Approve SCS Engineer's CAP proposal that corresponds to GMPH2 for $95,000 The totalf for GMP#1 and proposed GMP#2is $8,2,17,076 whichi is $273,694 Future change order to add widening ofe entrance road to 31 lane (2ina andi out)  Guaranteed Maximum Price, NumberTwo  Today's request: projects scope  Third BayP Projettf fort thes Solidy Wastel Transfer Station Note:  Apil17,2024  under the construction budget of $8,500,000  Approved: May 6, 2024    April 17, 2024  10  Sucon  Approved: May 6, 2024    April 17, 2024  11  802   258   256  800    Approved: May 6, 2024    April 17, 2024  12  AES  EE E  -  Approved: May 6, 2024    April 17, 2024  13  Approved: May 6, 2024    April 17, 2024  14  Exa  Demolition oft the floor in Shed #1.  Approved: May 6, 2024    April 17, 2024  15  assse  54:  Approved: May 6, 2024    April 17, 2024  16  PAESIQATA SADASE FASESATON  Public Comment: There was none.  Commissioner Lapsley made the motion t0 go out ofthe Public Hearing. All voted inj favor, and Vice-Chair Edney made the motion that the Board approve the following. for the Third Transfer Station Bay project: Vannoy's 's Guaranteed Maximum Price number Iwo, for $4,192,540 and SCS  the motion carried.  Engineers' proposal for $95,000. All voted in favor, and the motion carried. 2024.050 Land Development Code Text Amendment (TX-2024-01)  Chairman McCall made the motion to, go into the Public Hearing. All voted inj favor, and the With the adoption oft the Henderson County 2045 Comprehensive Plan on March 20, 2024, the Board of Commissioners shall hold a public hearing for the amendment of the Land Development Code. The Code currently reflects the 2020 Comprehensive Plan since the documents are intertwined. In order for the County to provide development services to the community, basic amendments are required to reflect the newly adopted 2045 Comprehensive Plan. These amendments will convert The public hearing was posted in the Times News on April 7 and April 12 in accordance with The Henderson County Planning Board unanimously recommended submitting the amendment tot the Board ofCommissioners for consideration and approval ati its meeting on Thursday, March 21st. The  motion carried.  language from the old plan to corresponding terminology in the new plan.  N.C.G.S. S 160D-601.  Approved: May 6, 2024    April 17, 2024 Board meeting.  17  Planning Board requested no changes. No public comments were received by staffor at the Planning Janna Bianculli explained that the proposed amendments were "Band-Aid amendments," which are necessary since ai new comprehensive plan has been adopted. They are not in-depth and do not cover  things that come from the comprehensive plan; they only change references.  2045 Comprehensive Plan Adopted on March 20,2 2024  Public Process  Posted int the Times News on April 7th and April 12th in accordance with NCGS 160D-601 Amendments were previously reviewed by the Planning Board on March 21st Board members voted unanimously to recommend the changes for approval by the Board of Commissioners No public comments received  Thel LDC and Comp Plan are intertwined documents Inordert to provide development services tot the community, basica amendments are requiredt to reflectt ther new plan These changes will convert language from the old plant to corresponding terminology int the new plan  Proposed Amendments  Minor Change  #of Occurrences 8 12 2  All mentions of "Urban Service Area (USA)" is amended to say" "Utility  A. Service Area (USA)"  B. Removal of Community Plan references C. Removal of old character area references  Substantial Change  #of Occurrences 1 1 1  All mentions of Community Service Center" is amended to say, E. Amendment of review schedule for all comprehensive plans Removed requirement for reference to Comprehensive Plan when  D. "Neighborhood Anchor", where appropriate  F. designing well systems for subdivisions  Approved: May 6, 2024    April 17, 2024  18  Substantial  Amendments  PAGES 20, - 138, & 290-291  Replace Community Service Ctr with Neighborhood Anchor (pg. 20)  $42-32.Office & InstituionatDstictton,  A. Purpose. The purpose oft the Office & Institutional District (Ol)i is toi foster orderly growth where the principal use ofl land is a mixture of office, institutional, and residential. The intent of this district is to allow for office, institutional and residential development comsistentwtihthe-recommendtomrdflhrcompehenivePam.in accordancewitht the ComprehemivePamcthedtehtalomiorameponeoferimitututiomatandreidential developmentthat: (1)is directed largely to communtysemtecenteCentersNegnomoa Anchors as defined in the Comprehensive Plan; (2)i is compatible with adjacent development and the surrounding community; and (3) will  minimize congestion and sprawl.  Removal of Community Well System/Comp Plan Ref. (pg. 138)  Wnereasubdwsomisioancemireyorpatalyimthoseareas designated'asfuraPRArimtneComprenensivePlan,the Ppicantsmairacneretonetyotneolominglwotroption: CommunityWel5ptem-Providearrcommunitywet: Pitmterpeorpublicyatersppyyptem/ha mtssairaumoadstorpubicommumtyatt systemstindividuahvelsshalnotbepermitted'inthis situationi-Thelocatiomofeachvwetandthewatertines: shalbeshowrromtnedevelbpmentphntplan.fthelocations ofthewelfs/orvaterwaterinerchange,theappitcantshat bmtareaeddembpmentphm-fhedanbuton ystemfovaterlines'imotreguiredtoberconstructed andinstaltedpriortobeginingland ituromng/comtrnctionaciviyoranyotner improvements:  baindvidualWell:fnot rcommemcdhapplioant shalprordereasonabie documentationdemonstratingtnereis: Suficientwatersupplytosupporto0 percentofther proposedlots-Fhe ocatiomofeachwelishalbeshowron thedevelopmentplem: neapplcantshalrpronoedocumemtstionion hr@ptonsor@ptombpmortpbagmingeam, mcdhtubmgrominciooathntrormyoher mporememeotspdnerimielton  ofthewelforwelis:  Approved: May 6, 2024    April 17, 2024  19  Removal of Review Schedule for Comp Plan (pg. 290-291) (3) Review Schedule. Amendments shall be considered when initiated and in concurrence with rezoning applications. Other amendments annually,andshall be reviewed based on the following: a-interimeview,Cew,CommentyPambegun,motMetAdopted.Wherrthesiterofarproposed Tezoningor5peciachrseremmitreqvestigiocatedintnerarerunderstudy,the-Planning Departmentwifnotinotintiatrcomsideratomohwhethertheamereurentformallyadoptedland serciasslicationshouidbrchangedioalourtheproposedriveiopment.bouencouragethe fandownertoparticepateintherdevelopmentofthesppieablrCommenity-Plan-fFthe andowmercontinuerwththereromingorSprciataePermitrermitrequestreviewof comprehensiverlanrconsistencywlbebe-basedonthersite'scurrentorassumedc'assification brinterimfemiwr.Gommeamsetoameromingorpmdhtune PemtregetislsantadintrmshdNdeimiyPango-pamtmemtwiamtiate amachocconsideratmohwhetherthesatricumentiommalyadoptechamduserciassification Shouid'berchanged-fhisprocesshalocurconcurentywtirthereviewprocesofthe  fumtfrthe-CommuntyPamisadoptedh  proposedrezoningorsprciallePe-Permitrequest:  Removal of Review Schedule for Comp Plan (pg. 290-291) c.Annual Review.fne-CountywAlfreviewramendmentrequestsassubmited'im.anuary-PlammingStaffassesses agetedrevsonwthirhromeofhephmamavholepmposphmmendmmtedeemedappropriate oaddressthemzandsebmit-thepropoxedmendmentrtoth-Plammingbomrdforreviewrendrecommendation othrCommisone-thrrPdPrpepopoadamendmemts: d:a.F Five-Year Review. The Comprehensive Plani is subject to a review every five (5)years withthe-firstreview: haiaharhelatcommayamircompn. Planning Staff prepares draft amendments and submits them to the Planning Board for initial review. Planning Staff distributes copies of the draft amendments widely, invites public comment, addresses received public comments and submits amendments as revised to the Planning Board for review and recommendation to the Commissioners. The Commissioners review and decide whether to adopt the amendments. The Commissioners may hold a public hearing or public input session. If the Commissioners direct that further modifications to the proposed amendments be made, and such modifications are deemed byt the Commissioners to be significant, the modified proposal shall be resubmitted to the Planning  Board for further review and recommendation before the Commissioners: take action.  Public Comment:  1. Jane Bilello urged the Board to ensure the Land Development Code is developed without room for doubt, legal wrangling, or exceptions to the zoning ordinance. She felt there should be no rezoning. She said citizens did not want the City of Hendersonville encroaching, annexing, and transforming the county into an urban sprawl. She hoped the Board would produce a plan that protects and preserves private property and conserves open spaces. Vice-Chair Edney made the motion to go out of the Public Hearing. All voted in favor, and the  motion carried.  Approved: May 6, 2024    April 17, 2024  20  Vice-Chair Edney made the motion that the Board approve the Land Development Code Text  Amendments (TX-2024-01). All votedi inj favor; and the motion carried.  DISCUSSION  2045 Comprehensive Plan Update  On March 20, 2024, the Board of Commissioners adopted the 2045 Comprehensive Plan. Staff  presented the plan for implementation now that the plan has been adopted.  PLANNING PROCESS  2045Comprehensive Plan Process for Implementation  Road to Here (3-yearprocess)  Mb 2023  BarddOmmasaneslxting, Apl17,2024  Process for Implementation  PlanUse: Alis staffr reports, ands sitep planr revicws wilbeu ullivinga andrelerring! tothea adopled2 12015 Comprchensive Plan. The2 2020 CCPW wilnolongerbeu usedi for dtemngphncrisiery aosangtsedrpas Plan Reference/ Amendments: Thel LDCW willbea amendedtoensurel language andterminology: are consistentv witht ther newlya adopledp plan( (band-aida amendments). Drait Implementation! Plan: Thel Implementation! Plans willp priontizea actions prescribedbyt the2 2015 Comprchensive! Plan. Thes schedulef fora actionst tobec completed willo dpendu upont theii individual  WhatsNextNowthe Planis  Adopted? Howdow weir implement?  recommendations.  mplementation Plan Requested by the BOC, Planning Board and Public to be part of the 2045 Plan Priortizes recommendations Provides a schedule for completing actions Somer rocommerdations willl be completedin! the next 1-5years Others mayt take! longer orv willl bec ongoing throughout tholi lifec ofthep plan Responsibility" ofi impkmentationy willi includea varioty of Poards andCommittces  Planning Board bricfly discussed this during their March mccting. following plan adoption, and will begin revicwing a Draft Implementation Plan ati its April meeting Planning Board will recommend an Implementation Plan (1-3 months to complete) Acceptance by the Board of Commissioners will ber requested  Approved: May 6, 2024    April 17,2 2024  21  Implementation Plan Priorities  Priority # 1: Land Development Codel Rewrite. & Associated Zoning Map Amendments Priority # 2: AgriculturalLand Preservation  Priority: # 3: Broadband. Access Priority # 4: Greenway Master Plan Update  Land Development C'ode Rewrite  Align Residential Densities Examine the Use Table Reduce SUP's Update Processes and Procedures Review! Federal & State General Statutes Schedule  Ensure that the zoning districts reflect the: 2045 Plan's prescribed densities andu uses Add additional zoning districts as needed  Clarify and add additional uses to the Table of Permitted Uses Review SR requirements andr reduce the number of SUP's  Amend. zoning map districts  LDC Rewrite and Zoning Map Update  12MmaPncslofnsoan LDC Rewrite Draft LDC Changes Draft Zoning Map Community Involvement Planning Board Recommendation Public Hearing Process (BOC)  2024  2025  July Aug Sep Oct Nov Dec Jan Feb Mar Apr May  Approved: May 6, 2024    April 17, 2024  22  Commissioner Hill asked about phased projects such as larger developments and major sub- divisions and whether those would be held to the 2045 plan even though they came in during the 2020 plan. She said many of those projects have been under the 93 Land Use Plan, and Planning Department staffhold to the "master plan" they were vested in and work within those parameters. However, ifthose developers buy additional property and want to expand, that would beac different Vice-Chair Edney said the county developed the 2045 comprehensive plan, which is not reflected in the current Land Development Code (LDC). This means that the LDC does not reflect the will ofthe people or the Board. Planning Staff stated it would take a) year to implement the changes, sO all new projects submitted will not be consistent with both, which the law says they must be. He wondered ifar moratorium was needed for that year or the implementation timeframe could be cut in half. Mrs. Radcliff stated that staffwould move quickly and reminded the Board that when the 2020 plan was adopted in 2004, the county was "unzoned" until 2001. That was when "open use" came into effect. One of the recommendations in that plan was to develop a consolidated Land Development Code, which did not happen until 2007. She said implementing the 2045 plan was a different scenario, as "open use" was equal to not having any zoning. She felt the county was better protected with the implementation of the 2045 plan, as the Land Development Code has  scenario.  been in place since 2007. She did not feel the need for a moratorium.  Construction Projects Update Henderson County Capital Projects Veteran Service's Office  Handrails are starting at the front parking lot; the curb, gutters, and sidewalks are complete. The ADA ramp at the back of the building has been installed, and concrete has been poured.  Approved: May 6, 2024    April 17, 2024  23  Etowah Library - Outdoor Venue were on the structure.  The stage had been framed, and concrete was installed in the forms shown. The roof and metal  Jackson Park- - Lower Tennis Courts  Stott Construction has demolished the fences as planned, and stone has been brought in for the subgrade to ensure al long life expectancy. The paving was complete, and poles were being set for  the new fencing.  Dana Park - Community Building Remodel  Drop ceilings were removed, and sheetrock was installed. The flooring and painting are currently  being completed.  Approved: May 6, 2024    April 17, 2024  24  BRCC MRTS Projects  FY23-24 BRCC MRTS greenhouse, are underway.  The board-approved project list for Blue Ridge Community College is 100% contracted. Forty-six projects are complete and fully invoiced, and five of the six remaining projects, including the  Henderson County Public Schools MRTS Projects  West Henderson High Renovation and Addition  Area A, the office are, was completely gutted and cleaned up. Metal studs were onsite to begin  framing.  03  Approved: May 6, 2024    April 17, 2024  25  Upward Elementary Renovation and Addition  FY23-24 HCPS MRTS West High Air Handler Replacement  Cooper Construction will install the unit upon delivery, expected to be June 2024.  Elementary Schools HVAC Controls Upgrade  The project is approximately 55% complete. Three schools are completed, and the remaining six  are 50% complete.  Gutters and Downspouts Project  Bonitz Company has completed the gutters and downspouts project.  Various Roofing complete.  Bonitz Company continues to work on the projects, which are currently approximately 75% Only one, bid was received and returned to the contractor, and the project has been readvertised. Chris Todd provided an update on the partnership and projects with Pardee Hospital and the medical office buildings. LS3P was selected as the architect at the Board's last meeting. Staff expects to bring a contract and scope of work to the Board at the mid-month meeting in May. The Construction Manager at Risk requests have already been released. Staff will vet those responses once they are received in the coming week. A recommendation is expected for the mid-May meeting. The hospital has an aggressive timeline for the projects. Chairman McCall noted that the facilities would need to be user-friendly for those who would use the buildings.  Atkinson HVAC Upgrade  The second bid opening was on April 10, 2024.  Approved: May 6, 2024    April 17, 2024  26  Medical Office Buildings  Henderson County JCAR Project  Chris Todd said the Detention Center portion of the JCAR project continues to move through the design development phase. He hopes a pricing activity will begin ini the coming month. He said the Board would likely see a request for Board action to allow Haskell-Cooper to begin the next step in the pre-construction work. The courts portion oft the project the direction when the pricing came back was to send Staffand Vice-Chair Edney and Commissioner Lapsley to work with staff, contractors, and architects to potentially find cost savings. It was his intention to present those  findings at the Board's first meeting in May.  Approved: May 6,2024    April 17, 2024  27  Facilities Services  Andrew Griffin 4/17/2024  Projects  Director of Facility Services Andrew Griffin provided an update on current Facility Services  Projects. EMS Station #6  Mr. Griffin said the pictures below were dated and do not represent current updates, including the sheetrock that has been installed. Doors and door frames are being hung. Site work is moving along; curbing is in place, and most stormwater features are taken care of. He expects aj possible  completion date before the end of2024.  EMS #6 Fletcher Electrical HVAC Starting Plumbing Water and Sewer Curbing Sheetrock May 2024  Approved: May 6, 2024    April 17, 2024  28  Main Library Restrooms  The renovated bathrooms at the main library opened Monday morning. Griffin said there were a  few punch list items to be completed.  QeK  VW - DC Fast Chargers  Grant Approved August 3rd, 2020 Equipment Delays 2Extensions Activation  The VW - Fast Chargers are on-site at Fourth Avenue's 95 Courthouse overflow lot.  Approved: May 6, 2024    April 17, 2024  29  Main Library Façade and Limestone SBA-1  This SBA (State Budget Allocation) project was completed $300,000 under budget.  EMS Headquarters Shed and Parking Improvement SBA-5  The building package arrived on April 9, with framing scheduled for the 15th, completion is  expected in. June 2024.  Approved: May 6, 2024    April 17, 2024 Ecusta Trail  30  Mr. Griffin said the Ecusta Trail project was moving along with bridge sub-structures going in place; there was a lotofconcrete work. The bridges are expected to arrive in August.  %  2024.051 NC 191 Multi-use Path Cost Share  NCDOT is working on the final designs for widening NC 191 (R-2588B), which will include a multi-use path along one side to connect Rugby Middle School and West Henderson High School. Students walk between the: schools for athletics and other school functions, sO aj path was identified in the initial planning documents and discussed with the schools and the county. The multi-use path will also connect to the entrance of Historic Johnston Farm. NCDOT has completed and submitted the final cost share amounts for the County's approval. The multi-use path requires a 50% cost-share agreement with the county. The County may consider splitting the cost share amounts between fiscal years. The project also proposed a sidewalk extension along the drive entrances to West Henderson and Rugby Middle Schools that NCDOT will fund. The project did experience delays with tree-clearing activities due to federal restrictions, SO the project will end in  August 2025.  Approved: May 6, 2024    April 17, 2024  31  The Transportation Advisory Committee discussed the item and cost-share amounts at its meeting on March 20th and voted unanimously to recommend that the BOC approve the cost-share funding  for the multi-use path as proposed.  Project. No. Route: County:  50:78.11R-1588B) Henderson Sec  NC 191 from! NC: 280t tos SR 1381 (Mountain Rd) Multi Usel Path- Henderson County 520Aggregate Base Course 610Asphalt Conc Surface Course. Type $9.5B 620Asphalt) Binder for Plant Mix  Date:  3/19/2024  Line Item Des No.  Description  Quantity Unit Price Amount 1,600 TON S 40.00 64,000.00 240 TONS 100.00S 24,000.00 20 TONS 700.00 14.000.00  TOTALCOST "COSITONCDOT (50/50)  $102,000.00 51,000.00 51,000.00  *COST TO1 HENDERSON COUNTY (50/50)  Sidewalk extensions along drive entrances to West Henderson! High School: and Rugby Middle School  Sec  Line Item Des No.  Description  Quantity Unit Price Amount 440 SY S 65.00 S 28,600.00  $48/4" Concrete Sidewalk  TOTALCOST "COSTIONCDOI.  28,600.00 28,600.00  *COST TOHENDERSON COUNTY  AX  17A  MDENALS  Approved: May 6, 2024    April17,2024  32  Commissioner Lapsley noted that this project and others had been on the books for years; DOT projects take time. The DOT pays for and is responsible for the projects, as counties in NC do not Chairman McCall explained the process for DOT projects as there had been an indication during public comment that the county makes these decisions and informs the DOT which projects to complete, but that is inaccurate. She said the Transportation Advisory Committee, in which McCall and Lapsley participate, is made up of representatives from each municipality and some at large members. Then, there is the Regional Division, in which she and Commissioner Lapsley also participate. It is made up of commissioners and city council members from several counties. The DOT develops the priority list based on input from each of the counties. A long, drawn-out process takes the county out of the loop for much ofit. She said the counties and municipalities have. a "presence" but were: not the prominent presence in making decisions and pushing projects Commissioner Andreotta asked if lighting and emergency call boxes would be located along the path. DOT District Engineer for Henderson County Troy Wilson said those were not included in the plan. Mr. Andreotta inquired if the residents closest to the project location had been notified of the proposed pathway. Mr. Wilson said yes indeed, and the rights-of-way had already been purchased. Mr. Andreotta asked what kind oftraffic would use the path. Mr. Wilson said it isa multi-use path sO that it would allow all types of traffic except motorized vehicles. Commissioner Andreotta said if the Board of Commissioners had the power to complete DOT projects, many things would be done a lot quicker. He said that, in his outside role as a financial professional, he had an office in the building at the intersection of King Street and Allen Street. He said the intersection was the only one on King Street without a stoplight. In the four years he has had an office in that building, he had seen at least a half dozen significant accidents at the intersection. Information was sent by Mr. Andreotta to Henderson County's DOT liaison each timea an accident occurred to no avail. He was unsure ofthe number or severity ofinjuries sustained at the intersection but believed getting one stoplight up would be very easy. And said this is an example of "if the county could get what it wants, there would be a stoplight there at that Chairman McCall shared that at yesterday' s LGCCA meeting, it was mentioned that the DOT sponsors an online survey to get public input on future projects. Mr. Wilson stated that the survey Vice-Chair Edney proposed that $51,000 be funded from MRTS since this is a Henderson County Commissioner Lapsley made the motion the Boardapprove the cost. share amount for the County's portion ofthe Multi-use Path onl NC 191, approve a budget amendment appropriating FY24HCPS MRTSC Contingency Funding ini the amount of $51,000, and authorize the Counly Manager 10 sign  have a "road department."  forward. The DOT makes the final decisions.  intersection."  could be accessed from the French Broad River's NPO website.  Public Schools project.  the cost. share agreement.. All votedi inj favor, and the motion carried.  Approved: May 6, 2024    April 17, 2024  33  2024.052 Interlocal Agreements for Tax Collections(Pulled for Discussion from Consent) NCGS 160A-461 authorizes cities in North Carolina to contract with the county for the provision of their city property tax billing and collection and to reimburse the county for those services. At the Board's April 17,2019 meeting, the Board approved an Interlocal Agreement with the City of Hendersonville, authorizing the Tax Collector to begin collecting current year taxes from July Both the City ofH Hendersonville and the Town ofL Laurel Park expressed an interest in continuing this practice. They requested the County approve subsequent agreements authorizing the Tax Collector to collect current-year taxes from July 1,2024, through June 30, 2029. County staff worked through the specifics of an Interlocal Agreement with the same terms as the current agreement, which was presented here for the Board's consideration. Vice-Chair Edney said a couple of years ago, it was brought up as part oft the revaluation and the concern that a tax bill with everyone's (the county and the municipalities') information included would cause confusion and concertation. The county then looked at whether the bills could be split and printed separately. At that time, it was said that the tax software did not have the functionality to split the bills. The agreement presented today was for five years and would go through the next reevaluation. He said he had previously asked for the cost of providing separate bills and had not gotten a response. Amy Brantley said the costs would include postage and staff time. However, the more significant issue was that the software package used for billings and collections could not generate separate bills. Mr. Edney said he understood and did not mind supporting the interlocal agreement for two years. However, he wanted to investigate "changing up" the software SO that separate bills may be printed at least before the next revaluation. Chairman McCall asked what municipalities are included in the interlocal agreements. Ms. Brantley said The City of Hendersonville, Laurel Park, and the City of Saluda. Moving forward, Chairman McCall asked staff to work with Farragut to see what it would take to modify the software ori ifit is possible. Ms. Brantley said staff would work with Farragut, who does the NC property tax systems. Mr. Edney saidifFarragut cannot or will not modify the software, investigate what other companies could. Commissioner Andreotta added that citizens receive their tax bills and see the cumulative total and think the county is charging the cumulative total when, ini fact, that is not true. Ms. Brantley said the county had been using NCPTS for approximately ten years. John Mitchell said it may be appropriate for the Board to receive an update from the tax administrator about this Vice-Chair Edney made the motion. the Board approve the Interlocal Agreement with the revision 10 limit the agreement to Iwo years as discussed, authorizing the Tax Collector to begin collecting  1, 2019 through June 30, 2024.  issue. Mrs. McCall said to put this on the agenda for a future meeting.  current-year taxes on. Julyl, 2024. All voted inj favor, and the motion carried. Adoption of Charter and Bylaws for the Farmland Preservation Task Force  NOMINATIONS AND APPOINTMENTS  As discussed at the March 20, 2024, Board of Commissioners meeting, Staff were directed to contact potential Farmland Preservation Taskforce members to serve as representatives from  various County organizations and entities. Proposed Taskforce Members: HC Commissions  Approved: May 6, 2024    April 17,2024  34  HC Planning Board  HC Soil & Water Conservation District Agribusiness Henderson County (AgHC) NC Cooperative Extension NC Farm Bureau Federation Hendersonville Board of Realtors Henderson County Farmers/Producers  CHARTER, BYLAWS, AND RULES OF PROCEDURE FOR THE HENDERSON COUNTY FARMLAND PRESERVATIONTASKFORCE  Purpose  The purpose oft the Farmland Preservation Taskforce is to preserve and protect agricultural land throughout Henderson County while supporting local producers and the rural character of the  County.  Charter and Membership  The Henderson County Board ofCommissioners hereby create the Henderson County Farmland Preservation Taskforce. The Taskforce shall assist the Board of Commissioners by providing The Farmland Preservation Taskforce shall have the following members, all appointed by the  input on the preservation of farmland in Henderson County.  Board ofCommissioners:  1) Henderson County Board of Commissioners Liaison 2) Henderson County Board of Commissioners Liaison 3) Appointee member ofHenderson County Planning Board 5) Appointee nominated by Agribusiness Henderson County 6) Appointee nominated by North Carolina Cooperative Extension 7) Appointee nominated by North Carolina Farm Bureau Federation 8) Appointee nominated by Hendersonville Board ofRealtors  4) Appointee nominated by Henderson County Soil and Water Conservation District  9) Appointee at large 10)Appointee at large 11)Appointee at large 12)Appointee at large 13)Appointee at large  The Taskforce shall consist ofat total of 13 members. All even-numbered Taskforce members shall serve an initial term which shall end one year from their first meeting. All odd-numbered Taskforce members shall serve an initial term oft two years from their first meeting date. After  Approved: May 6, 2024    April 17,2024  35  the initial terms, appointees to all member slots shall serve two-year terms. Board members may  serve no more than three terms, not including the initial terms set out above.  Proposed Bylaws and Rules  I.  MEETINGS  a. Open-Meetings Law. It is the public policy of North Carolina and Henderson County that the hearings, deliberations, and actions ofthis Taskforce be conducted openly. Except as allowed by NCGS 143-318.10, each meeting of the Taskforce shall be open to the public, and any person is entitled to attend such a meeting. b. Regular Meetings. The Taskforce shall hold meetings according to a schedule which shall be determined at the last meeting of the calendar year. The schedule shall be posted on the County's website. Meetings shall be held at a regular time and day as selected by the Taskforce and in compliance with other provisions regulating notice of meetings. Meetings shall be held in the King Street Meeting Room located at 100 North King Street in Hendersonville, North Carolina. The schedule of the regular meetings of the Taskforce shall be kept on file with the Secretary of the Taskforce and shall be filed with the Clerk to the Henderson County Board ofCommissioners. The Taskforce shall have the authority to change the schedule of regular meetings and/or to change the date ofa particular regularly scheduled meeting without the necessity of approval of the Board of Commissioners. If the Taskforce changes the schedule of regular meetings, the Secretary shall forward a copy of the new schedule to the Clerk to the Board of Commissioners at least seven (7) days prior to the first meeting held pursuant to the new schedule. Ifa particular regularly scheduled meeting is changed, the secretary shall comply with the notice provisions of paragraph C below (Special Meetings). Special Meetings. The Chair ofthe Taskforce or the majority oft the members ofthe Taskforce may at any time call a special meeting of the Taskforce by signing a notice setting the time and place ofthe meeting and the subjects to be considered. Such notice must be posted on the bulletin board located in the front lobby of the Henderson County Courthouse, posted in a conspicuous place at 100NI King Street, mailed or delivered to each newspaper, wire service, radio station, and television station which has filed a written request for notice with the Secretary, mailed or delivered to any entity or person that has requested to be on the Taskforce' sunshine list as prescribed by law, and delivered to all members oft the Taskforce all to occur at least 481 hours before the meeting. Only the business that is specified in the notice ofthe meeting may be transacted during a special meeting unless all: members (not simply a quorum) are present and consent to the addition of other matters or those members absent have filed a waiver with the Secretary to the Taskforce. d. Meeting Conduct. Meetings will be conducted according to Small Government  Rules of Procedure. OFFICERS AND MEMBERS  II.  a. Presiding Officer. The presiding officer of each meeting of the Taskforce shall be the Chair of the Taskforce. The Chair of the Taskforce shall be designated by the  Approved: May 6, 2024    April 17,2024  36  Board ofCommissioners. In situations where the Chair is unavailable or unable to participate in the meeting or any particular matter before the Taskforce, the Vice Chair shall preside. In the event that neither the Chair nor the Vice-Chair is available, the members of the Taskforce, by affirmative vote oft the majority, may appoint an acting Chair who shall have all powers of the Chair while acting as b. Secretary. The staff person assigned to the Taskforce shall serve as the Secretary of the Taskforce and shall perform the following: (1) ensure that all meetings of the Taskforce are properly noticed as outlined above; (2) maintain the sunshine list, which is al list ofthose persons or entities that have filed a written request indicating a desire to receive notice of all special meetings of the Taskforce; (3) take and record all actions of the Taskforce and draft minutes of the meetings accordingly; (4) forward a copy oft the minutes as they are approved to the Clerk to the Board of Commissioners; (5) submit to the Clerk to the Henderson County Board of Commissioners a monthly attendance report for its members and notifying said Clerk ofany resignations ofany ofits members, or any other change in membership Attendance. All members oft the Taskforce are expected to attend the regular and/or special meetings of the Taskforce. Any member not able to attend must notify the Secretary in advance oft the meeting. Any member who fails to regularly attend the meetings of the Taskforce may be subject to consideration for removal from the d. Duties. Duties of the Committee will be as assigned by the Henderson County  presiding officer.  ofthe Taskforce.  Taskforce by the Henderson County Board ofCommissioners.  Board ofCommissioners.  III. VOTING  a. Duty to Vote. Iti is the duty of each member, including the Chair, to vote unless otherwise excused. The Taskforce may excuse members from voting on any matter involving their own financial interest or official conduct or when a member has indicated an inability to be impartial in any quasi-judicial matter before the b. Abstention. Should a member fail to vote on any matter before the Taskforce, without having been excused from such vote, such abstention will count as an  Taskforce.  affirmative vote.  IV. ACTION BY THE COMMITTEE  a. Quorum. A majority of the Taskforce members then serving shall constitute a quorum. No action of the Taskforce may be taken where less than a quorum is present. Once a quorum is established, it will not be defeated ifn members leave. b. Motions. Action of the Taskforce may be taken upon a motion by any member, including the Chair. A motion shall be adopted of approved by the affirmative vote ofa majority of the members present and not excused after full discussion of the Minutes. Minutes shall be kept ofall meeting oft the Taskforce. The secretary oft the Taskforce shall present such minutes to the Taskforce for approval. Minutes oft the  motion by the members.  Approved: May 6, 2024    April 17, 2024  37  meetings ofthe Taskforce shall be publicrecords. Thesecretary shall be responsible for sending a copy of all approved minutes to the Clerk to the Board of d. Staff Support. County staff shall be assigned to the Taskforce, acting as the liaison between the Taskforce, County Departments, and the Board ofCommissioners and shall have the charge of correspondence, minutes, notifying members of meetings, AMENDMENTS. The Taskforce may amend these by-laws by action of the Taskforce provided, however, those amendments shall not be effective until they are approved by  Commissioners.  and otheri information.  V.  the Henderson County Board ofCommissioners.  Vice-Chair Edney proposed the following modifications to the Purpose and Charter Membership: Under Purpose - remove "preserve and protect and while supporting local producers and rural character" and replace with * the taskforce will investigate and report their findings  the Board of Commissioners".  Under Charter Membership - remove the second paragraph.  Vice-Chair Edney made the motion to adopt the Charter, Bylaws, and Rules ofl Procedure for The Henderson County Farmland Preservation Task Force with the proposed revisions. All voted in  favor, and the motion carried.  1. Farmland Preservation Task Force - 6 vacs.  Chairman McCall nominated. Joffrey Merrill for appointment to position #5. AIl voted inj favor, Vice-Chair McCall said there were five At-Large positions to be appointed. Since there were five open positions and five Commissioners, each member oft the Board would nominate aj person for Commissioner Lapsleymominated, Jason Edneyfora appointment t0, position #9. All voled in Vice-Chuir Edney nominated. Justin Patwin, for appointment 10 position #I0. All voted inj favor; Commissioner Hill nominated. Linda Odom Pryor for appointment 10 position #I1. All voled. in Commissioner. Andreotta nominated. Alan Ward for appointment to, position #12. All voted in Chairman McCall nominated Danielle Stepp McCall for appointment 10 position #13. All voted  and the motion carried.  each of those positions. favor, and the motion carried. and the motion carried. favor, and the motion carried. favor, and the motion carried. inj favor, and the motion curried.  Approved: May 6, 2024    April 17, 2024  38  2. Animal Services Committee - 3 vacs.  Chairman McCall nominated. Dr. Beverly Hargus fora appointment t0 position #1. All voled in Commissioner Hill nominated Dr. Carrie Carmen for appointment 10 position #3. All voled in Chairman McCall nominaled.Jolie Herman for appointment to position #8. All votedinf favor,  favor, and the motion carried. favor, and the motion carried. and the motion carried.  3. EMS Peer Review Committee - 1 vac.  Vice-Chair Edney nominated Robert Griffin for appointment 10 position #18. All voted inj favor,  and the motion carried.  4. Henderson County Board ofl Equalization and Review-1 vac. There were: no nominations, and this item was carried to the next meeting.  5. Henderson County Planning Board 1-3 vacs.  Commissioner Lapsley nominated.ason Davis for appointment t0 position #2. All voted in Chairman McCall nominated Trey Ford) for reappointment to position #4. All votedinfavor, Commissioner Hill nominated.lames Miller for appointment to position #7. All voted inj favor, Chairman Lapsley noted that position #2 on the Planning Board had been occupied by Steve Dozier, who currently serves as the Chair. He stated that the Board would like to express their gratitude for his many years of good service to the citizens of Henderson County. Chairman McCallechoed! Lapsley' s comments and said Mr. Dozier had been ai memberofthel Planning Board  favor, and the motion carried. and the motion carried. and the motion carried.  for sixteen years.  6. Hendersonville City Zoning Board of Adjustment - 1 vac.  Chairman McCall nominated Mark. Russell for appointment 10 position #2. All voted inj favor, 7. Home and Community Care Block Grant Advisory Committee- - 1 vac. There were noi nominations, and this item was carried to the next meeting. 8. Hospital Corporation Board of Directors/UNCH- 1 vac. There were no nominations, and this item was carried to the next meeting. 9. Nursing/Adult Care Home Community Advisory Committee 9 vacs. There were no nominations, and this item was carried to the next meeting.  and the motion carried.  Approved: May 6, 2024    April 17, 2024  39  COMMISSIONER UPDATES tournament victory.  Vice-Chair Edney congratulated the NC Lady Gamecocks for their recent women's NCAA  Commissioners Hill and Commissioner Lapsley had no updates to share.  Commissioner Andreotta noted that Scottie Scheffler had recently won the 2024 Master'sCup in Augusta, Georgia. He encouraged county students to investigate playing golf as potential Chairman McCall said that the NC Litter Sweep was in full swing and encouraged citizens to pick a street to clean up in their neighborhoods. She said the Pathfinders program now had approximately forty volunteers, thirty of whom had already been vetted and were ready to  scholarship opportunities are available.  begin training.  GENERAL ASSEMBLY UPDATES  County manager John Mitchell said the General Assembly' 's short session would begin on  April 24, 2024.  COUNTY MANAGER'S REPORT  Mr. Mitchell informed the Board that the Joint School Facilities Committee had met earlier in the week. The committee discussed property at Upward Elementary and Rugby Middle School as potential locations for the new bus garage but determined that neither location was suitable. Inc closing, he said he would present the budget to the Board at the May 6, 2024 meeting. Vice-Chair Edney asked when the deadline was for the schools to present their proposed budget to the County, and Mitchell informed him the deadline was May 15. Mr. Edney requested that the school also present yearbooks from all the county schools. Commissioner Edney made the motion to, go into closed. session pursuant to N.C. Gen. Stat. $143-  318.11(a)(5). All voted inj favor, and the motion carried.  CLOSED SESSION  Commissioner Edney made the motion 10 go outofcloseds session and adjourn the meeting at 1:13  pm. AIl voled inj favor, and the motion carried.  ADJOURN  Dusnd Denisa A. Lauffer,  Bkn mMeGu  Rebeçca McCall, Chairman  M  Approved: May 6, 2024    During the April 17,2024, regular meeting, the Board enacted the following:  2024.045 2024.046 2024.047 2024.048 2024.049 2024.050 2024.051 2024.052  Proclamation - Economic Development Week Proclamation - National Tennis Month  National Public Safety Telecommunicators Week (Add on) Consolidated Agreement NC Dept. of Health & Human Services Public Hearing - Financing Package for Solid Waste 3rd Bay GMP Public Hearing-Land Deve. Code Text Amendment (TX-2024.01)  NC 191 Multi-use Path Cost Share  Interlocal Agreements for Tax Collections(Puled for Discussion from Consent)    Henderson County Board of commissioners 1Historic Courthouse Square e Suite 1 e Hendersonville, NC28792 Phone (828) 697-4808 Fax1828,692.98554 e wwerpeemcoumyncgow  Rebecca K. McCall Chairman .Michael Edney Vice-Chairman  William G. Lapsley DanielJ.Andreotta David H. Hill  PROCLAMATION  PROCLAIMING MAY 6 - 10, 2024 AS ECONOMIC DEVELOPMENT WEEK WHEREAS, communities rely on economic development professionals to promote economic  well-being and quality oflife; for Henderson County that means the attraction and retention ofqualityjobs, soliciting new businesses compatible with the assets and values ofHenderson County, promoting Henderson County'sb business image, assisting expansion ofexisting companies, and enhancing Henderson County's  overall quality ofl life; and  WHEREAS, economic developers participate in a numerous activities helping the over 130  manufacturers in Henderson County, and marketing to recruit new high quality  jobs;and  WHEREAS, the Henderson County Partnership for Economic Development is the professional  development entity for Henderson County. Thel Partnership is a 501 C6, public private organization: and since itsi inception has facilitated over $1,094,115,000n new capital investment, accounting for 24% oftax receipts, and created over 3,370newjobs, and worked to retain over 11% ofthe workforce in manutacturing  NOW,THEREFORE, the Henderson County Board of Commissioners, hereby proclaim May 6-10,2024 as Economic Development Week, and remind citizens ofthe importance ofthis community celebration which supports expanding business opportunities and making lives better.  Adopted'this 17th day of April, 2024. CONPOA, EST  1 - -  IER  REBECCAN MCCALL, CHAIRMAN h  HENDERSON COUNTY BOARDOF COMMISSIONERS  LAUFPRANCLERAYOAHE ARD  CARO    Henderson County Board ofCommissioners 1Historic Courthouse Square . Suitel e Hendersonwle,NC28792 Phone (828) 697-4808 e Fax (828)692-9855. wweceocunyceew  Rebecca K. McCall Chairman J.Michael Edney Vice-Chairman  William G.L Lapsley Daniell.Andreotta DavidH.Hill  PROCLAMATION  PROCLAIMING MAY ASNATIONAL TENNIS MONTH  WHEREAS, on May 21, 1881, the United States Tennis Association (USTA), originally known as the WHEREAS, the USTA is the nonprofit, national governing body for tennis in the United States, and WHEREAS, the USTA is the largest tennis organization in the world, with over 550,000members WHEREAS, the USTA proudly partners with local tennis programs to showcase the important health,  United States National Lawn Tennis Association, was founded in New York City, New York, to create rules and standards for the emerging gameoflawn tennis; and leads the promotion and growth ofthe sport at every level ofplay, from beginners to  professionals at the US Open; and from every corner ofthe country; and  social, and educational benefits oftennis, and make the sport availablet to everyone, regardless of age, environment, condition, or ability, through its USTA/Adaptive Grants; Americans played tennis in 2023, an unprecedented 25 percent increase inj participation over 2020 and the highest number ofp players since the PACstudy began in 2007,and and ability, the USTA and its local affiliate, the Community Tennis Association of Henderson County, have contributedi to making our community happier and healthier: players, organizations, facilities, retailers, tennis manufacturers, and more top promote local programs and activities at parks and facilities to showcase tennis and word about the sport and its benefits, and to help players and non-playersalike) spread find  and  WHEREAS, the latest research by thel Physical Activity Council shows that more. than 23. 8 million WHEREAS, byincreasing the accessibility oftennis for citizens ofHenderson County, NCofall ages  and  WHEREAS, the USTA has declared the month ofMay as National Tennis Month to encourage  the  courts and play opportunities in their communities,  NOW, THEREFORE, the Henderson County Board ofCommissioners, National Tennis Month and hereby urge the citizens ofthis  hereby proclaim May 2024 as  National Tennis Month. Adopted this 17th day ofA April,2024.  great county to become aware of and support  Mekr 79E REBECCAMCCALL, CHAIRMAN cCwwA  ATTEST:  Mht DENISA A.J LAUFFER, CLERK TOTHE BOARD    Henderson County Board ofCommissioners 1Historic Courthouse: Square e Suitel Hendersonville, NC28792 Phone (828)697-4808 e Fax p-X-E  Rebecca K. McCall Chairman J.Michael Edney Vice-Chairman  William G. Lapsley Daniell.Andreotta David H. Hill  RESOLUTION DECLARING APRIL 14-20,2024/AS NATIONAL PUBLIC SAFETYTELECOMMUNICATORS WEEK  WHEREAS, emergencies can occur at any time that require law enforcement, fire, or emergency medical WHEREAS, when an emergency occurs the prompt response ofl law enforcement officers, firefighters, and WHEREAS, the safety ofour law entorcement officers, firefighters, and EMS providers is dependent upon WHEREAS, Public Safety Telecommunicators are the firstand mosticritical contact our citizens have with WHEREAS, Public Safety Telecommunicators are the single vital link for our law enforcementofficers, WHEREAS, Public Safety Telecommunicators are critical in improving the chanceofsurvival for patients WHEREAS, Public Safety Telecommunicators in the Henderson County E-911 Communications Center WHEREAS, each telecommunicator has exhibited compassion, understanding, and professionalism during NOW, THEREFORE, BE IT RESOLVED that thel Henderson County Board ofCommissioners do hereby declare the week ofA April 14 - 20, 2024 to be National Public Safety Telecommunicators Week in Henderson County in honorofthe individuals whose diligence and professionalism keep our-community and citizens  services; and,  EMS providers is critical to the protection oflife and preservation of property; and, the quality and accuracy ofinformation obtained from citizens who contact the Henderson  County E-911 Communications Center, and,  emergency services;and,  firefighters, and EMS providers by monitoring their activities by radio, providing them who experience sudden cardiac arrest by recognizing the need forcardiopulmonary resuscitation: and other lifesaving interventions prior to arrival ofEMS; and,  information, and ensuring their safety; and,  have contributed substantially tot the apprehension ofcriminals, suppression offires, and  treatment of patients; and,  the performance oftheirjob in the past year.  safe. affixed.  Inw witness whereofIhave hereunto set my hand and caused the seal ofthe  ofHenderson to be ma  (3  County  Adopted da Aenl2 daybfApr1,2024  - 1   REBECCA MCCALL, CHAIRMAN h  HENDERSONT COUNTY BOARDOFCOwMIESONERS  AREST AMApa DENISALALIRVO  adhn HE BOARD    EXTRACTS FROM MINUTES OF PUBLIC HEARING  A regular meeting ofthel BourdorCommisioner:he-Bnnf)ofhet County ofHenderson, North Carolina (the "County") was held on April 17, 2024, at 9:30 a.m. in the Commissioners' Meeting Room, Henderson County Historic Courthouse, 1 Historic Courthouse Square, Hendersonville, North Carolina.  Rebecca McCall presiding.  The following Commissioners were present: J.M Michael Edney, Vice Chairman William Lapsley Daniel Andreotta David Hill None  The following Commissioners were absent:  The Clerk to the Board reported to the Board that notice ofap public hearing stating that the County is considering entering into an installment financing contract in a principal amount not to exceed $10,500,000 in order to (a) finance the construction and equipping of a solid waste transfer station third bay, and (b) optional refinance the County's installment payment obligations related to a Financing Agreement and Deed of Trust dated as ofDecember 9, 2011 between the County and Branch Banking and Trust Company, the successor to which is Truist Bank, the proceeds of which were used to finance certain solid waste mprovements, was published in The Henderson Lightning on March 20, 2024 (attached as Exhibit A) stating that the Board would hold aj public hearing thereon at a regular meeting to bel held at this  meeting, or as soon thereafter as practicable.  Commissioner McCall moved that the above-referenced public hearing begin.  As authorized by the Board within the FY24 Solid Waste budget, staff proceeded with the construction of the Third Transfer Station Bay project. The project has developed toi the stage where approval ofthe GMP2 was needed by the Board. Note that the Board approved GMPI during its February 5, 2024, meeting. Vannoy has presented. and staff reviewed the proposals for GMP2. The scope ofGMP2 is to complete the construction of the third transfer station bay by a completion date of April 16, 2025. The proposed guaranteed maximum pricei is $4,192,540, and the details of the scope and price can! be found int the proposal    from Vannoy. The total of both GMPS is $8,217,076, which is $273.694 under budget.  Also presented for Board approval was the proposal from SCS Engineers for construction administration and materials testing for the duration of GMP2. SCS'spreviously approved agreement was for the duration With the total cost identified and under budget, staff has begun the design and permitting for extending the entrance road to thet transfer station from Stoney Mountain Road to the current three-lane section. This will provide two entrance lanes and improve congestion and customer service. Staffwill present a proposal for the construction of the extension based on unit prices from the GMP for the Board's consideration at a Samantha Reynolds said four banks had responded to the RFP; the winning bidder selected was JP Morgan Chase, with an all-inclusive rate of 4.07% with a ten-year call option. JPI Morgan Chase offers the most competitive rate for the fifteen-year term option selected. Vice-Chair Edney asked who made the decision to award JP Morgan Chase as the winning bidder. Mrs. Reynolds said staff was presented with all the options and the different terms with rates and chose the bank that would fit the best within the County's capacity. Edney said while he was happy that staff had made the selection, the Board would always want to see all the bidders and what spreads had been offered. Mrs. Reynolds said she would provide those options to the Board. Commissioner Lapsley asked for clarification on the bonds. Should the Board decide to proceed with the bonds, this borrowing would be paid back through tipping fees and revenues, not from the general fund. Mrs. Reynolds said yes, that was correct the borrowing would be repaid out oft the Solid Chairman McCall said there was more involved ini this project than a bay to dump trash and asked County Engineer Marcus. Jones to provide additional information about the project. Mr. Jones said that the bay will be in a difficult environment with trash being scraped, pushed, and compacted, which requires a significantly stout build that includes a substantial amount ofc concrete and steel. In addition to the transfer station, the road network will also be reconstructed to allow for the separation ofresidential: and commercial John Mitchell said there were two items before the Board that had been grouped together. They were grouped together so that the public could see what the borrowing was for and understand how staff got to the number. The county has an enterprise fund, which is a way to delineate funds for what might bel looked at as a small business but al business that the County performs. One of those items is the transfer station. The transfer station encompasses all the activities that happen at the old landfill. That includes taking care of the old landfill, keeping the property mowed, taking trash from county residents, and transferring the trash that is collected; that is why it is called a transfer station, as there is not an active open landfill in the county anymore. The third operation is recycling activities that are performed by the county. As more people move to the county, more trash is produced. With the increased business, the wait time is often pushed out into Stoney Mountain Road. Mr. Jones and his staff have been working on a plan to expand the capacity at the facility for increased safety and better serve the citizens oft the county. The third bay is part oft that project. There are two items before the Board of Commissioners. The first is the borrowing item, and the second, which requires the Board to vote, is the Guaranteed Maximum Price for the improvements Mr. Jones said that with the volatile construction market staff was unsure of the cost estimates and the amount of funding available, sO they did not "pull the trigger" on expanding the entrance road to three lanes. With the amount that Vannoy shows under budget the county would have the ability to add that  ofGMPI. The proposal is for $95,000.  future meeting.  Waste Fund.  traffic.  included in the project.  2  PPAB 10728757v2    portion of the project back. The staff has started the design and permitting for that portion, andi it will come back before the Board at a later date for the change to the project. The cost oft the change will be based on competitively bid asphalt prices and earthwork from GMP #1. It will not be a negotiated price it will be established based on the bids that have already been done. The addition of the third lane all the way to Stoney Mountain Road will allow haulers and commercial traffic the ability to get out of the residential traffic line and over to the automated pay system quickly. This would be a great improvement for the Mr. Jones said substantial concrete push walls are. required to help guide the trash back to the pit. Several push walls are armored with AR400 high-strength steel, which is costly but necessary. Ift the walls are not Commissioner Andreotta asked if the floor currently being demolished was the original floor from when the building was constructed in 2005. Mr. Jones said the floor system consists ofa subgrade, al base (ifthe floor included this), a 10-inch structural slab, and a 3-inch sacrificial concrete slab on top. The subgrade is designed tot take the abrasions, and the: superficial slab will fail. The only part that would need to bei replaced would be the top part, the superficial slab. In an ideal situation, like with the original bay, the floors must be replaced every eight years. With the second bay, the floor has not lasted nearly that long; in fact, that floor system in the 2nd bay, the 2005 bay, has been replaced more often than the floor constructed in the 95. Commissioner Andreotta clarified that. Jones was talking about the top layer. Mr. Jones said yes, the top layer is what he was referring to. He said they are now discovering that without an adequate rock base on the bay, there is a lot of movement on the structural slab, and when the structural slab moves, the sacrificial slab cannot move with it, which causes itt to break up, resulting ina a replacement floor. Mr.Jones said replacing. just the sacrificial slab floor alone costs approximately $250,000 -$300,000. The return on investment from removing the structural slab as well to make this a $500,000 project will pay offi in eight Commissioner Hill clarified with Mr. Jones that the new bay would be for commercial haulers. Mr. Jones said that is correct, but the bay will also be set up to be flexible, so staff may utilize it based on operational difficulties or challenges, such as a bay being temporarily closed. This additional bay will allow the capability to separate the traffic and the flexibility to use it when needed. In closing, he said the 3rd bay would be primarily used for commercial haulers; that is where the bulk oft the county's trash comes from. County Attorney Russ Burrell noted that there had been a change in the agenda item since the item was originally prepared that needed to be included in the extract of minutes. Ini the original extract of minutes, atwo-part action was described, one to finance construction and the second was re-finance to the debt that is owed to Truist Bank. He asked that the word "optional" be added after letter B: in the second part oft the action because, as ofy yesterday's conference talking with the financing representatives. that probably would  haulers, who represent 70% of the business at Solid Waste.  armored, the abrasiveness of the chemicals in the trash limits the life of the concrete.  years. He believed this to be a sound investment.  Mr. Hill stated that the 3rd bay was a much-needed safety upgrade; Jones agreed.  not happen. That debt will be paid outside of this.  Commissioner Lapsley moved that the public hearing be closed.  Commissioner Edney made the motion that the Board approve the following for the Third Transfer Station Bay project: Vannoy's Guaranteed Maximum Price number two for $4,192.540 and SCS Engineers"  proposal for $95,000. All voted ini favor, and the motion carried.  3  PPAB 10728757v2    HELD the 17th day ofApri, 262A.  Mue DENISA A.LAUFFER Clerk to the Board  SAA. : i CAEbW  County of Henderson, North Carolina  +  PPAB 10728757v2    EXHIBITA  PUBLISHER's AFFIDAVIT: FOR PUBLIC HEARING NOTICE  [attached]  5  PPAB 10728757v2    Hendersonville LIGHTNENG Thel lastest name inmedio  PO. Box 1276 Hendersonville, NC 28793 Phone: (828)698-0407 E-mail: legalsehendersonvylightning.com Web: enderonwlelgnrangcon  March 20, 2024 Samantha Reynolds, CPA Finance Director 1131 North Main Street Hendersonville, NC 28792  Trust Company, thes suc- "Mortgaged Property") a.m. in the Commis- cessort to whichi isT Truist for the benefit of the sioners'Meeting! Room, Bank, the proceeds of entity, or its assigns, Henderson County which were used to providing the funds to Historic Courthouse, finance certain solid the County under the 1 Historic Courthouse  NOTICEOF  PUBLICHEARING waste improvements Contract. At its March 4, 2024 (the" "RefundedProjec"  Square, Henderson- ville, North Carolina  Notice of Public! Hearing for Solid Waste Expansic meeting, the Board of and together with the The Solidy WasteF Facility 2879,apublichearing 1,William L. Moss, affirming thet following under th "Board of Commis- the "Projects"), pursu-I Transfer Station Drive, cerning thea approval of lame editor and publisher of the Hendersonville Lis of Henderson, North financing contract (thel Carolina 28791. The livery of the Contract, issued and entered as periodical mail int the City o Carolina (the County" "Contract"), in a prin-I Mortgaged Property the financing of the Henderson and State of North Carolina. hereby C adopted a resolution cipal amount not to will be subject to the New Money Project,  Commissioners (the New Money Project, will be located at 191 will be conducted con- sioners")o of the County ant to an installment Hendersonville, North the execution and de-  hereto was published int the editions of thel Hende, which:  exceed $10,500,000.00 mortgage provided in and the refinancing of under which the Coun- the Deed of Trust. On the Refunded Project.  date or dates: 3/20/24  1.Authorized the ty will make certain! payment by the County All interested parties County to proceed to installment payments of all installment pay- are invited to present a)financet theconstruc- to make the Projects ments due under the comments att thep public  And that thes said newspaper in which such notice tion and equipping awailabletothe(ounty; Contract, the Deed of hearing regarding the newspaper meeting all oft the requirements and qu transfer station bay 2.Authorized the ated thereunder will oft the Contract and the General Statutes of North Carolina and is ac qualific (the" Solid Waste Facil- County to proceed to terminate and the Projects tob be financed Section 1-597 of the General Statutes of North Car ity" and such project provide, in connec- County's title to the andrefinancedtherely.  advertisement was published was, at the time ofe ofa solid waste third  Trust and any lien cre- execution and delvery  is referred to herein tion with the Contract, Mortgaged Property as the "New Money as grantor, a deed of willb be unencumbered. Denisal Lauffer Project"), and (b) re- trust, security agree- finance the County's ment and fixture filing NOTICE IS HEREBY Commissioners installment payment (the "Deed of Trust") GIVEN, pursuant to County of Henderson, obligations related to granting al lien on the Sections 160A-20 of Northo Carolina an installment financ- real property on which the General Statutes of ing agreement with the Solid Waste Fadl- North Carolina, that on 3/20  This 20th day of March, 2024.  Clerk to the Board of  (Slgned)  Sworn to and subscribedb before me this 20th day Branch Banking.and Itywill be located (the April 1Z,2024at930  2  Notary Public  commission My  December expires  PACAp  11,2024.    Hendersonville LIGHTNENG The laslesl name inmedio  PO. Box 1276 Hendersonville, NC 28793 Phone: (828)6 698-0407 E-mail: egalsehendersonvlelightning.com Web: enderonwlelgnrangcon  March 20, 2024 Samantha Reynolds, CPA Finance Director 113 North Main Street Hendersonville, NC 28792  EATST 6 ROSALIE HDR 6 N,LOIS CASERD 8 EL,SEANC ARLETDR .00 CHESTERDUANE OVERDR 4  a.m. in the Commis- Room, sioners'Meeting! Henderson County Historic ABsaVpRe $591.92 MURPHY, RANDY 9KIRSCHMANLN $381.08 OWEBY,DAVIDR 112BURNEYMOUI $374.64 RJHDEVELOPMENT BRICKTONVILLAGE $31.36  Notice of Public Hearing for Solid Waste Expansion Installment Financing Contract William! L. Moss, affirming the following under the penalties of perjury state: lam editor and publisher of thel Hendersonville Lightning, a newspaper published, issued and entered as periodical mail in the City of Hendersonville, County of Henderson and State of North Carolina. Ihereby certify that the advertisement: annexed hereto was publishedi in the editions of the Hendersonville Lightning on the following  date or dates: 3/20/24  And that thes said newspaper in which such notice, paper, document or legal advertisement was published was, at thet time ofe each and everys such publication, a newspaper meeting all of ther requirements and qualifications of Section 1-597 of the  STOLISTENI FM953.AM16 dio Station  General Statutes of! North Carolina andi is ac qualified newspaper within the meaning of urQ-munity  Section 1-597 of the General Statutes of North Carolina.  This 20th day of March, 2024.  Playingthe MusicThat Connects Generations  (Slgned)  Swornt to ands subscribeabefore me this 20th day of March,2 2024.  222  Notary Public  Chapin  PRCpi  My commission expires December 11, 2024.    STATEOF: NORTHCAROLINA COUNTY OF HENDERSON  INTERLOCAL AGREEMENT FOR TAX COLLECTION  THIS INTERLOCAL AGREEMENT is made and entered into this a7'by ofpril 2024, and effective as of the 1St day of July 2024, by and between HENDERSON'COUNTY, hereinafter the "County" and the CITY OF HENDERSONVILLE, hereinafter the "City", and  collectively referred to as the "Parties".  WITNESSETH:  WHEREAS, the County and City have determined that it is in the public benefit and interest to WHEREAS, the Parties have agreed that the negotiated payment set forth herein is in the best WHEREAS, the North Carolina General Statutes in Chapter 160A, Article 20, provide that units of local government may enter into agreements in order to execute an undertaking providing for the continual exercise by one unit ofany power, function or right, including the collection oftaxes; WHEREAS, the City and County agree this Interlocal Agreement shall continue for five (5)years, from July 1, 2024 to June 30, 2029, unless terminated pursuant to the terms herein; and WHEREAS, the governing bodies ofthe City and County have ratified this Interlocal Agreement NOW THEREFORE, in consideration of the mutual covenants, terms and conditions contained in this Interlocal Agreement herein accruing to the benefit ofeach ofthe respective parties hereto and other good and valuable consideration, receipt and sufficiency of which is acknowledged by the  enter into an Interlocal Agreement for Tax Collection; and  interests oftheir citizens; and  and  by Resolutions being recorded in their respective minutes; and  City and County, the parties agree as follows: 1. County Billing and Collection of City Taxes  a) The County shall provide collection of current and future municipal ad valorem property taxes. Collection ofdelinquent taxes existing as of the date hereofshall be the responsibility of the City except as stated below. The City shall within Thirty (30) days ofthe date hereof provide the County with al list ofsuch delinquent taxes b) Notwithstanding, no City tax bill in an amount less than Five Dollars ($5.00) shall c) The City shall appoint the County's Tax Collector as the City's Tax Collector, and the County'sI Delinquent Tax Collector as the City's Delinquent Tax Collector.  owed, and delinquent taxpayers, as oft the date hereof.  bei issued.    2. Term of Agreement: This Interlocal Agreement shall continue until terminated  pursuant to the terms herein.  3. Compliance  The County will comply with all applicable tax collection laws of North Carolina, including those contained in Subchapter II of Chapter 105 oft the General Statutes of North Carolina, and all administrative mandates issued by the State ofNorth Carolina. a) The County shall be responsible for maintaining, in an on-line environment, all ad valorem tax records, including amounts paid and unpaid, in the same b) The City will provide the County with all necessary information for transfer for all funds due the City, the County will properly account and distribute such funds by check or other mutually agreed upon method monthly and notify the City Finance Director by the 15thofeach month on amounts tol be The County shall provide the City with all necessary and required reports ins such format and detail to enable the City to prepare and record the necessary financial transactions. Such reports shall be mutually agreed d) The County will provide the City with information sufficient to complete all required reports to outside agencies, including the TR-2 report and reports necessary for the City's financial statements. The City shall be responsible for the completion of all reporting involving property tax. e) The County shall provide the City's External Auditors, during regular business hours, access to the City Tax Receivables' daily cash transactions and other records pertaining thereto to the fullest extent practicable. The City shall provide the County Tax Collection Office with access, to the extent legally allowable, into any oft the City'sr records systems that the City g) The City agrees to appoint and maintain one ofi its employees as a Deputy Tax Collector to act on behalf of the City in presenting certain matters to h) The County shall promptly provide the City with requests for releases or refunds when received, together with reasonable information needed to make a determination on requests for releases or refunds. The City shall, at its next regular City Council meeting occurring at least ten (10) days after the receipt of the request and information, place the matter before the City Council for determination as to whether to grant the release or refund of  4. Records and Accounts and Operations  manner as County records are maintained.  transferred.  upon by the City and County Finance Directors.  deems tol be beneficial in the collection ofCity taxes.  the City Council.  City taxes.    5. Prol Rata Payments  Unless the taxpayer specifies otherwise, the County shall distribute payments received from City taxpayers ofless than the total amount owed on City and County taxes on a proportionate basis between taxes owed the County and the City, after all costs, interest  and penalties are first paid. 6. Costs for Billing and Collections  The County shall incur all costs for preparing, printing, billing and collecting the City With respect to the cost for collection actions taken by the County, for example advertising costs, attorney's fees and garnishment fees where such costs are not paid directly by the taxpayer involved, the County shall split the costs on a proportionate When agreed upon by both the County and City, joint advertisement, including the advertisement of tax liens for both the County and the City, is permissible.  tax bills, including follow-up notices.  basis between taxes owed the County and the City.  7. Foreclosures a)  The County shall be responsible for determining the time for commencing all tax foreclosure proceedings (except for those regarding any foreclosure proceedings instituted by the City on City taxes delinquent as oft the date ofthis agreement). The City hereby delegates this decision to the County. The County shall give the City notice of the institution of any foreclosure action at least thirty days prior to filing in cases where there are delinquent taxes owed the The County shall send aj joint notice as required by N.C. Gen. Stat. $105-375(c) and shall consolidate the tax liens of the County and the City for the purpose ofdocketing aj judgment on such liens as contemplated by N.C. Gen. Stat. $105- 375(k). Following entry ofaj judgment, an execution shall be issued to enforce All expenses directly related to compliance with the procedural and substantive requirements of N.C. Gen. Stat. $105-375, including but not limited to notice, docketing the judgment and execution on such judgment, shall be advanced by the County, and reimbursed to the County from the proceeds ofany foreclosure sale prior toj payment to the City and County oftaxes recovered. d) The parties shall agree in advance oft the sale upon a "maximum joint bid" for each execution sale of property to enforce a judgment entered as provided herein above, which bid will be entered on behalf of both parties. The "maximum joint bid" shall be the sum of all taxes, interest, penalties and applicable costso ofenforcement, collection and sale owed to bothjurisdictions. The parties further agree that if third parties bid at such execution sale, they will bid up to the "maximum joint bid", such that no third party will purchase the property for less than the "maximum) joint bid". Ifthe parties are the highest bidder at any sale, they shall each contribute to the purchase price a pro rata  City as oft the date hereof.  b)  suchjudgment.  c)    amount of the whole, determined by the amount of ad valorem taxes owed to each oft them for the respective tax year on the subject real property in relation to the total amount of ad valorem taxes owed to both parties. e) Ifthe parties acquire title to real property following an execution sale as contemplated in this Agreement, they shall take title as tenants in common with each party owning a fractional interest ofthe whole that is equal to the  same fraction as their contribution to the purchase price.  8. Payment to County  The fee for collection services for each fiscal year shall be a flat amount of 0.5% (equivalent to one half of one percent of the then-current Fiscal Year collections). Payment shall be accomplished by the County withholding the fee when remitting the  monthly collection to the City.  9. Termination  This Interlocal Agreement may be terminated by either party by providing six (6) months' notice prior to the start of the next fiscal year. Upon notice of termination of the Interlocal Agreement, the County shall deliver to the City all tax records, in a customary electronic data format, or in whatever form held in its hands, pertaining to its listing, billing and collecting, consistency of the tax bills, tax scrolls and other related records by February 1st of the fiscal year in which the termination shall be effective. The County shall continue to collect current and delinquent taxes through June 30thofthe fiscal year in whichi the termination shall be effective. Upon termination of the Interlocal Agreement, the County shall provide a full accounting to the City of the status of all tax collections. After June 30th of the fiscal year in which the termination becomes effective, the County shall not be further obligated either as to  current or delinquent taxes due to the City.  10. Entire Agreement  This Interlocal Agreement, including all exhibits or attachments if any, sets forth the entire Agreement between the Parties regarding the services and matters set forth herein. All prior conversations or writings between the Parties hereto or their representatives on this subject matter are merged within and extinguished. This Interlocal Agreement shall not be modified or amended except by a written instrument  executed by duly authorized representatives oft the Parties herein.  11. Notice  Notice under this Interlocal Agreement shall be deemed sufficient upon the mailing to  the parties by certified or registered mail at the following locations:  County of Henderson clo Charles Russell Burrell 1Historic Courthouse Square, Suite 5 Hendersonville, NC 28792  City ofHendersonville clo Jmuray 145 5th Avenue East Hendersonville, NC 28792    IN WITNESS WHEREOF, each party has caused this Agreement to be duly executed on the day and year first above written and if corporate, by their duly authorized representative.  HENDERSONCOUNTY EAAS John Mitchell, County Manager CITY OF FENDERSONVILLE  By:  By:  John Connet, City Manager  PRE-AUDIT CERTIFICATION  This instrument has been pre-audited in the manner required by the Local Government Budget  and Fiscal Control Act N.C.G.S. 159-28(a). By: Sammunha typokk Samantha Reynolds Henderson County Finance Director  Date: 4.29.2024    STATEOFNORTHCAROLINA COUNTY OF HENDERSON  INTERLOCAL AGREEMENT FOR TAX COLLECTION  THIS INTERLOCAL AGREEMENT is made and entered into this the Pby of Apal 2024, and effective as of the 1St day of July 2024, by and between HENDERSON/LOUNTY, hereinafter the "County" and the TOWN OF LAUREL PARK, hereinafter the "Town", and  collectively referred to as the "Parties".  WITNESSETH:  WHEREAS, the County and Town have determined that iti is in the public benefit and interest to WHEREAS, the Parties have agreed that the negotiated payment set forth herein is in the best WHEREAS, the North Carolina General Statutes in Chapter 160A, Article 20, provide that units of local government may enter into agreements in order to execute an undertaking providing for the continual exercise by one unit of any power, function or right, including the collection oftaxes; WHEREAS, the Town and County agree this Interlocal Agreement shall continue fortwo( (2)years, from. July 1, 2024 to June 30, 2026, unless terminated pursuant to the terms herein; and WHEREAS, the governing bodies ofthe Town and County have ratified this Interlocal Agreement NOW THEREFORE, in consideration oft the mutual covenants, terms and conditions contained in this Interlocal Agreement herein accruing to the benefit ofeach ofthe respective parties hereto and other good and valuable consideration, receipt and sufficiency of which is acknowledged by the  enterinto an Interlocal Agreement for Tax Collection; and  interests oft their citizens; and  and  by Resolutions being recorded ini their respective minutes; and  Town and County, the parties agree as follows: 1. County Billing and Collection ofTown Taxes  a) The County shall provide collection of current and future municipal ad valorem property taxes. Collection ofdelinquent taxes existing as ofthe date hereof shall be the responsibility ofthe Town except as stated below. The' Town shall within Thirty (30) days oft the date hereof provide the County with a list of such delinquent taxes b) Notwithstanding, no Town tax bill in an amount less than Five Dollars ($5.00) shall c) The Town shall appoint the County's Tax Collector as the Town's Tax Collector, and the County's Delinquent Tax Collector as the Town's Delinquent Tax  owed, and delinquent taxpayers, as oft the date hereof.  be issued.  Collector.    2. Term of Agreement: This Interlocal Agreement shall continue until terminated  pursuant to the terms herein.  3. Compliance  The County will comply with all applicable tax collection laws of North Carolina, including those contained in Subchapter II of Chapter 105 of the General Statutes of North Carolina, and all administrative mandates issued by the State of North Carolina. a) The County shalll be responsible for maintaining, in an on-line environment, all ad valorem tax records, including amounts paid and unpaid, in the same b) The Towny willj providet the County with all necessary information fort transfer for all funds due the Town, the County will properly account and distribute such funds by check or other mutually agreed upon method monthly and notify the Town Finance Director by the 15th ofe each month on amounts to The County shall provide the Town with all necessary and required reports in such format and detail to enable the Town to prepare and record the necessary financial transactions. Such reports shall be mutually agreed d) The County will provide the Town with information sufficient to complete all required reports to outside agencies, including the TR-2 report and reports necessary for the Town financial statements. The Town shall be responsible for the completion ofall reporting involving property tax. e) The County shall provide the Town's External Auditors, during regular business hours, access to the Town Tax Receivables' daily cash transactions and other records pertaining thereto to the fullest extent practicable. The" Town shall provide the County Tax Collection Office withaccess, to the extent legally allowable, into any of the Town's records systems that the Town deems to be beneficial in the collection of Town taxes. g) The Town agrees to appoint and maintain one ofi its employees as a Deputy Tax Collector to act on behalf of the Town in presenting certain matters to h) The County shall promptly provide the Town with requests for releases or refunds when received, together with reasonable information needed to make a determination on requests for releases or refunds. The Town shall, at its next regular Town Council meeting occurring at least ten (10) days after the receipt oft the request and information, place the matter before the Town Council for determination as to whether to grant the release or refund  4. Records and Accounts and Operations  manner as County records are maintained.  be transferred.  upon by the Town and County Finance Directors.  the Town Council.  oftTown taxes.    5. Pro Rata Payments  Unless the taxpayer specifies otherwise, the County shall distribute payments received from Town taxpayers ofless than the total amount owed on Town and County taxes on a proportionate basis between taxes owed the County and the, Town after all costs,  interest and penalties are first paid. 6. Costs for Billing and Collections  The County shall incur all costs for preparing, printing, billing and collecting the Town With respect to the cost for collection actions taken by the County, for example advertising costs, attorney's fees and garnishment fees where such costs are not paid directly by the taxpayer involved, the County shall split the costs on a proportionate When agreed upon by both the County and, joint advertisement, including the advertisement of tax liens for both the County and the Town, is permissible.  tax bills, including follow-up notices.  basis between taxes owed the County and the Town.  7. Foreclosures a)  The County shall be responsible for determining the time for commencing all tax foreclosure proceedings (except for those regarding any foreclosure proceedings instituted by the Town on Town taxes delinquent as oft the date of this agreement). The Town hereby delegates this decision to the County. The County shall give the Town notice oft the institution ofany foreclosure. action at least thirty days prior to filing in cases where there are delinquent taxes owed b) The County shall send aj joint notice as required by N.C. Gen. Stat. $105-375(c) and shall consolidate the tax liens oft the County and the Town for the purpose ofdockctinga)udgment on suchl liens as contemplated by N.C. Gen. Stat. $105- 375(k). Following entry ofaj judgment, an execution shall be issued to enforce All expenses directly related to compliance with the procedural and substantive requirements ofN.C. Gen. Stat. $105-375, including but not limited to notice, docketing the judgment and execution on such judgment, shall be advanced by the County, and reimbursed to the County from the proceeds ofany foreclosure sale prior toj payment to the Town and County of taxes recovered. The parties shall agree in advance of the sale upon a "maximum joint bid" for each execution sale of property to enforce a judgment entered as provided herein above, which bid will be entered on behalf of both parties. The "maximum joint bid" shall be the sum of all taxes, interest, penalties and applicable costs ofenforcement, collection and sale owed to both jurisdictions. The parties further agree that if third parties bid at such execution sale, they will bid up to the "maximum joint bid", such that no third party will purchase the property for less than the "maximum joint bid". Ifthe parties are thei highest bidder at any sale, they shall each contribute to the purchase price a pro rata  the Town as oft the date hereof.  such judgment.  c)  d)    amount of the whole, determined by the amount of ad valorem taxes owed to each of them for the respective tax year on the subject real property in relation to the total amount of ad valorem taxes owed to both parties. e) Ift the parties acquire title to real property following an execution sale as contemplated in this Agreement, they shall take title as tenants in common with each party owning a fractional interest oft the whole that is equal to the  same fraction as their contribution to the purchase price.  8. Payment to County  The fee for collection services for each fiscal year shall be a flat amount of 0.5% (equivalent to one half of one percent of the then-current Fiscal Year collections). Payment shall be accomplished by the County withholding the fee when remitting the  monthly collection to the Town.  9. Termination  This Interlocal Agreement may be terminated by either party by providing six (6) months' notice prior to the start of the next fiscal year. Upon notice of termination of the Interlocal Agreement, the County shall deliver to the Town all tax records, in a customary electronic data format, or in whatever form held in its hands, pertaining to its listing, billing and collecting, consistency of the tax bills, tax scrolls and other related records by February 1st of the fiscal year in which the termination shall be effective. The County shall continue to collect current and delinquent taxes through June 30tofthef fiscal year in which the termination shall be effective. Upon termination oft the Interlocal Agreement, the County shall provide a full accounting to the Town of the status of all tax collections. After June 30th of the fiscal year in which the termination becomes effective, the County shall not be further obligated either as to  current or delinquent taxes due to the Town.  10. Entire Agreement  This Interlocal Agreement, including all exhibits or attachments if any, sets forth the entire Agreement between the Parties regarding the services and matters set forth herein. All prior conversations or writings between the Parties hereto or their representatives on this subject matter are merged within and extinguished. This Interlocal Agreement shall not be modified or amended except by a written instrument  executed by duly authorized representatives of the Parties herein.  11. Notice  Notice under this Interlocal Agreement shall be deemed sufficient upon the mailing to the parties by certified or registered mail at the following locations:  County of Henderson clo Charles Russell Burrell 1Historic Courthouse Square, Suite 5 Hendersonville, NC 28792  Town ofLaurel Park colamaralnn 441 White Pine Drive Laurel Park, NC 28739    IN WITNESS WHEREOF, each party has caused this Agreement to be duly executed on the day and year first above written and ifo corporate, by their duly authorized representative.  HENDERSON COUNTY AAALS John Mitchell, County Manager TOWN OF LAUREL PARK  By:  By:  Alex Carmichael, Town Manager  PRE-AUDIT CERTIFICATION  This instrument has been pre-audited in the manner required by the Local Government Budget  and Fiscal Control Act N.C.G.S. 159-28(a). By: Smaitha fyoks Samantha Reynolds Henderson County Finance Director  Date: 4.29.2024