MINUTES  STATE OF NORTH CAROLINA COUNTY OF HENDERSON  BOARD OF COMMISSIONERS WEDNESDARDLYT.A  The Henderson County Board of Commissioners met for a regularly scheduled meeting at 9:30 a.m. in the Commissioners' Meeting Room of the Historic Courthouse on Main Street, Those present were Chairman Rebecca McCall, Vice-Chair J. Michael Edney, Commissioner William Lapsley, Commissioner Daniel Andreotta, Commissioner David Hill, County Manager John Mitchell, Assistant County Manager Chris Todd, Financial Services Director Samantha Reynolds, Public Safety Director Jimmy Brissie, Attorney Russ Burrell, and Clerk to the Board Budget Manager/Internal Auditor Sonya Flynn, Budget Analyst Jennifer Miranda, County Engineer Marcus Jones, A/V Technician Oscar Guerrero, Finance Director Rany Cox, Soil and Water Conservation District Director/Conserationist Director Jonathan Wallin, Betsy Gerwig, Director of Facility Services Andrew Griffin, Project Superintendent Brian Cotton, Planner Liz Hanson, Tax Administrator Harry Rising, Deputy Tax Collector Luke Small, Register of Deeds Lee King, Planning Director Autumn Radcliff, Code Enforcement Director Matt Champion, DSS Director Jerrie McFalls, DSS Deputy Director Lorie Horne, Parks and Recreation Director Bruce Gilliam, Park Maintenance Supervisor Jason Kilgore, Strategic Behavioral Health Director Jodi Grabowski, Human Resources Director Karen Ensley, Building Services Director Crystal Lyda, Fire Marshal Kevin Waldrup, Soil and Water Director Jonathon Wallin, Sheriff Lowell Griffin, Parks and Recreation Director Bruce Gilliam, and Deputy Tracy Davis provided security. Chairman McCall called the meeting to order and welcomed all in attendance.  Hendersonville.  Denisa Lauffer.  CALLTOORDERDER/WELCOME  INVOCATION  Rev. Megan McMillan with Mills River Presbyterian Church provided the invocation. Commissioner Andreotta led the Pledge of Allegiance to the American Flag.  PLEDGE OF ALLEGIANCE  RESOLUTIONS, AND RECOGNITIONS  2024.083  Resolution of Appreciation = Jerrie McFalls  The Henderson County Board of Commissioners was requested to adopt the Resolution of Appreciation for Jerrie McFalls. Jerrie McFalls will retire on July 31St, having been with Henderson County since. January 14, 1980. Jerrie McFalls has served many roles during hertenure with Henderson County, including Social Work Trainee, Social Worker I - III, Social Work Supervisor I- III, Social Work Program Administrator, County Social Services Interim Director,  and County Social Services Director.  RESOLUTIONOFAPPRECIATION  JERRIE. MCFALLS, DEPARTMENTOFSOCIAL, SERVICES DIRECTOR  WHEREAS, Jerrie McFalls was hired as Social Work Trainee for Henderson County on. January 14,  Approved: August 5,2024    July 17,2024  2  1980.  WHEREAS, In July 1980, Jerrie McFalls was promoted to Social Worker; ; and WHEREAS, In. June 1986, Jerrie McFalls was promoted to Social Work Supervisor; and WHEREAS, Ini March 2008 was promoted to Social Work Program Administrator; and WHEREAS, In December 2015 was promoted to Interim Social Services Director; and WHEREAS, In. July 2016 was promoted to Henderson County Social Services Director; and WHEREAS, Jerrie McFalls earned a Bachelor of Science degree from Western Carolina University WHEREAS, Jerrie McFalls has served in various community and civic organizations, including  with a concentration in Social Work; and  Community Child Protection Team, Child Fatality Prevention Team, Domestic Violence Task Force/Supported Task Force, Partnership for Health, and the Henderson County  Substance Abuse Task Force; and  WHEREAS, Jerrie McFalls has participated inj professional memberships, including the Academy of  Certified Baccalaureate Social Works and, the North Carolina Association of County  Directors of Social Services (NCACDSS), and  WHEREAS, Jerrie McFalls will retire from service with Henderson County and its citizens on  July 31, 2024, currently as the longest-tenured Henderson County employee with more  than 44 years of dedicated full-time continuous service; and  NOW, THEREFORE, BE IT RESOLVED that the Henderson County Board of Commissioners expresses their deep admiration for the experience and wisdom that Jerrie McFalls has brought her service with Henderson County. On behalf of the citizens and staff of Henderson County, we appreciate and commend you on a job well done, Jerrie McFalls. In witness whereof, I have hereunto set my hand and  caused the seal of the County of Henderson to be affixed.  Adopted this the 17th day of. July 2024. inj favor, and the motion carried.  Chairman McCall made the motion to adopt the Resolution of Appreciation) forJerri McFalls. All voted  Chairman McCall presented the Resolution to Mrs. McFalls.  INFORMAL PUBLIC COMMENT  1. Chris Walters spoke about religion and politics.  2. Bill Ramsey spoke about the county's need for aquatic facilities. 3. Kate Huscher and Lily Pearson spoke about the county's need for additional soccer fields. 4. Sarah Alholm spoke about the county's need for additional soccer fields.  Approved: August 5, 2024    July 17, 2024  3  5. Chauncey Whiting proposed that the Board consider the addition of lacrosse fields at  Berkeley Park.  6. Philip Ellis spoke about the county's need for additional soccer fields. 7. Kurt Maxon spoke about the county's need for additional soccer fields.  8. Lois Vermillion spoke in support of the county's potential purchase of the Etowah Sewer 9. Tricia King discussed the county's need for additional soccer fields, which she said should 10. Annette Huetter spoke in support of the county' s potential purchase of the Etowah Sewer 11. Ward Seguin spoke in support of the county's potential purchase of the Etowah Sewer Company. He also informed the Board that the tennis courts at Etowah Park were in  Company.  be at least four additional full-size soccer fields.  Company.  disrepair and needed to be resurfaced.  12. Eli Clonch spoke about the county's need for additional soccer fields. 13. Eric Clonch spoke about the county's need for additional soccer fields.  DISCUSSION/ADJUSTMENTOF. AGENDA Acquisition and moved to Discussion as Item F.  Commissioner Andreotta pulled consent agenda Item M - Purchase Contract - Property Commissioner Lapsley made the motion to approve the consent agenda as amended. All voted in  favor, and the motion carried. CONSENT AGENDA Approval of Minutes  Draft minutes were presented for Board review and approval for the following meeting:  June 19, 2024- Regularly Scheduled Meeting  Motion:  Imove the Board approve the minutes ofJune 19, 2024.  Tax Collector's Report  The report from the Tax Collector was provided for the Board's information.  Please finde outlined below collectionsi information through June3 30, 2024 for 2023, reala andp personal property bills mailed on August 21,2 2023. Vchiclest taxesa arel billed monthly by? NCI DMV. Henderson County Annuall Bills (Real and! Personal Property):  20231 Beginning Charge: $99,218,816.55 Discoveries & Imm. $216,128.76 Releases &I Refunds: (S319,931.86) NetChange: $99,115.013.45 Unpaid Taxes: $643,011.14 Amount Collecled: $98,472,002.31 99.35% lenderson County Registered Motor VehislslAsColktie.l by NCDMV): Ner Charge: $7.528.864.96 Unpaid Taxes: $24,345.29 Amount Collected: $7,504,519.67 Henderson County FY24Budget/ Analysis: BudgetOndinance AdValorem: $97,695.412.00 Prior) Years: $I,041.250.00 Budget Total: $98,736,662.00 RwnucColeced $20  Unpaid 0.65%  Paid  99.68% Revenue Collected Adv Valorem: $105.976.521.98 Prior Years: $968,412.78 YTDI Revenue: $106,944,934.76  Millions $120  Approved: August 5, 2024    July 17, 2024  4  County Financial Report/Cash Balance Report - May 2024  The County Financial and Cash Balance reports were provided for the Board's review. The following explanations were for eparmentsprograms with higher budgets to actual Dues/Non-Profit Contributions - payment of 4th quarter Board appropriations Rescue Squad - payment of 4th quarter Board appropriations and timing of reimbursable Mental Health - payment of 4th quarter Board approved appropriation Rural Transportation Assistance Program - disbursement oft transportation funds Juvenile Justice Programs - disbursement ofjuvenile detention fees Public Education - payment of 10of 10 annual appropriations made to the public school Debt Service - disbursement of all annual debt service payments Interfund Transfers - timing ofboard-approved transfers  percentages for May:  expenditures  system  Year to Date Net Revenues under Expenditures for the Emergency Telephone System (911) Year to Date Net Revenues under Expenditures for the Misc. Other Governmental Activities  Fund were due to utilizing fund balance appropriations for FY24.  Fund were due to approved release of Improvement Guarantee in FY24.  FINANCIALI REPORT COUNTY MAY: 2024 MONTH 993.94 24.575.50 55.885.38 84280.80 88,788.30 149.743.20 82.641.07 409 86.993.1 822.8844 97.374.81 63.912.37 (277.70) 333.  BUDGET  TOTAL 800.235.02  ming Body County' Manager sessor  BUDGET CURRENT MONTH VEART roo DATE XUSED ENCUMBRANCE S TOTAL  800.2: 68.85 951. 195.76 634.910.01 356. 23.05 385.132.59 350.339.12  2,771.  Bulaing Gervk Animai Rescue Dervices Squad nning Services Museum ooper Excension Ecor Agn- Medicars BOCK Services- Grant Mentall Gtra Rural Juvente veserans Justice Servioes uorary Pupte Edu ucation Inerund Net  .831  Program  831 993.4  TOTAL  Approved: August 5, 2024    July 17, 2024  5  APPROPRIATIONS DETAIL 325,536.74 7,804.61 458,333.33 458,333.33 819.819.97 5,843,036.34 20,833.34 383,625.00 383,625.00 191,812.50 405.263.00 1,385,158.84 SPECIAL REVENUE FUNDS 162,105.23 164.986.02 (2,880.79) 139,946.84 69,316.20 70,630.64 4,264.14 6.833.87 (2,569.73) 5,480.51 68.259.61 (62,779.10) (48,443.65) 66.242.49 (114,686.14) 119.899.58 119,899.58  BUDGET CURRENT MONTH YEART TODATE %USED ENCUMBRANCES TOTAL  SOCIAL SERVICES Stan Operations Federars & State Programs General Assistanoe EDUCATION Schools Currenticaptal! Expense Biue Ridge Communty Colege DEBTSERVICE Pubics Schoois Bive Ridge Communty Colege Henderson County INTERFUNDI TRANSFERS Capital Projects Fund Capital Reserve Fund Fire Disticts Fund HCPS MRTS BRCCN MRTS Deot Servoe Fund Solid Waste FIRE DISTRICTS FUND Revenues: Expendtures: NetF Revenues over (under)Exp REVALUATION RESERVEF FUND Revenues: Expenditures: NetF Revenues over (under) Exp EMERGENCY TELEPHONE SYSTEM (911)F FUND Revenues: Expenditures: NetF Revenues over (under)Exp PUBUC TRANSITF FUND Revenues: Expendtures: NetF Revenues over (under)E Exp MISC. OTHER GOVERNMENTAL. ACTIVITIES Revenues: Expenditures: NetF Revenues over (under)E Exp ARPAF FUND Revenues: Expenditures: NetRevenues over (under)E Exp DEBTSERVICEFUND Revenues: Expenaitures: OPIOIDFUND Revenues: Expenctures: NetRevenues over (under)E Exp  18,535,353.00 1,288,155.09 4,119,256.00 100,000.00 TOTAL 22,754,609.00 1,621,496.44 34,628,000.00 5,500,000.00 TOTAL 40,128,000.00 11,642,875.00 3,599,297.39 3,297,401.00 1,423.918.98 4,238.341.00 TOTAL 19,178,617.00 306,116.00 4,603,500.00 20,000.00 4,603,500.00 2,301,750.00 1,628,535.00 680.263.00 TOTAL 14,143,664.00 15,915,648.00 15.915.648.00 1,510,021.00 1,510,021.00 346.116.00 346,116.00 1,245,626.00 1.,245.626.00 960,000.00 950.000.00 16,692.537.00 16.692.537.00 1,628,535 1.628.535 596,665.00 596,665.00  15,470,564.17 83.5% 2,798,853.39 67.9% 56,206.31 56.2% 18,325,623.87 34,628,000.00 100.0% 5,041,666.63 91.7% 39,669,666.63 11,628,370.25 99.9% 3.295,973.86 100.0% 4,231,689.50 99.8% 19,156,033.61 229,166.74 74.9% 4,219,875.00 91.7% 20,000.00 100.0% 4,219,875.00 91.7% 2,109,937.50 91.7% 1,628,535.00 100.0% 680.263.00 100.0% 13,107,652.24 16,814,275.22 105.6% 16.656,458.34 104.7% 157,816.88 1,499,644.18 99.3% 1,141,777:23 75.6% 357,866.95 43,213.97 12.5% 285.466.81 62.5% (242.252.84) 1,016,124.31 81.6%, 664,608.95 $3.4% 351,515.36 404,393.20 42.1% 505.076.16 52.6% (100,682.96) 22.172,784.87 132.8% 559,992.94 345 21,612,791.S3 1,628,535.00 100.0% 1,628,535.00 3.708.879.83 621.6% 206.912.21 34,7% 3,501,967.52  9,452.87 15,480,017.04 2.798.853.39 56.205.31 9.452.87 18,335.076.74 34,628,000.00 5.041.566.63 39,669.666.63 3,295,973.86 4.231,589.50 19,156.033.61 229,166.74 4,219,875.00 20,000.00 4.219,875.00 2.109.937.50 1,628,535.00 680.263.00 13,107,552.24 16,814,275.22 16.656,458.34 157,816.88 1,499,644.18 10,600.00 1.152.577.23 (10,800.00) 347.066.95 43,213.97 1.843.00 287.309.81 (1.843.00) (244,095.84) 1.016,124.31 664,608.95 351,515.36 404,393.20 505.076.16 (100,682.96) 22,172,784.87 559.992.94 21,612,791.93 1,628,535.00 1,628,535.00 3.708,879.83 206.912.21 3.501.967.62  BUDGET CURRENT MONTH YEART TODATE %USED ENCUMBRANCESI TOTAL  0.0%  over (under)Exp  18,882.16 24,502.86 (5,620.70) CAPITALE PROJECTS  BUDGET CURRENT MONTH PROJECT TODATE %USED ENCUMBRANCES TOTAL  SCHOOL PROJECT(1702) 26,854,136.00 26.854.136.00 2019(1903)- 60,442,694.00 60,442.694.00  Revenues: Expenditures: NetR Revenues over (under) Exp MENDERSOWVILLE HIGHS Revenues: Expenditures: NetR Revenues over (under)Exp  27.891,962.18 103.9% 26.959.829.76 100.4% 932,132.42 60.940.000.37 100.8% 241,020.85  27.891,962.18 26.959.829.76 $32,132.42 60.940.000.37 241,020.85  101.2%  Approved: August 5, 2024    July 17, 2024  6  ENTERPRISEFUNDS  BUDGET CURRENT MONTH YEARTODATE %USED ENCUMBRANCES TOTAL  SOLIDWASTE! LANDFILL FUND Revenues: Expenditures: NetR Revenues over( (under)Exp JUSTICEA ACADEMYSEMERFUND Revenues: Expenditures: Net Revenues over (under)Exp  10,027,810.00 11,257,895.43 10,027,810.00 2,097,071.73 67,739.00 67.739.00  18,820,437.90 187.7% 9,674,858.11 96.5% 9,145,579.79 76,900.11 113.5% 40.212.42 59.4% 36,687.69  18,820,437.90 8,392.859.58 18.057.717.69 (8,392.859.58) 752.720.21 76,900.11 40.212.42 36.687.69  9,160,823.70 7,916.53 10.033.79 (2,117.26) HENDERSON COUNTY CASHE BALANCEI REPORT MAY2024  04/30/24 Beg. Cash Balance 46,892,085.29 1,000,279.26 1,891,760.35 2,500,980.98 524,136.71 5/31/2024  05/31/24 Ending Cash Balance  Debits Revenues 908,182.41 13,164,067.74 849,256.32 383,625.00 191,812.50 248,386.77  (Credits) Expenditures  Fundls) General SpecialF Revenue Capital Projects Enterprise  $106,050,169.30 $ 8,080,704.89 $(18,113,273.75) $ 96,017,600.44  (530,675.62) $ 47,269,592.08 (3,285,064.10) $ 10,879,282.90 (1,733,651.90) $ 1,007,364.77 (592,696.30) $ 10,298,875.58 (132,146.77) $ 2,560,646.71 (264,908.42) $ 507,615.06  HCPS-Maint. and Repair 10,507,946.88 BRCC-Maint. and Repair Custodial Total Total cash available as of  $169,367,358.77 23,826,035.63 $/(24,652,416.86)  $168,540,977.54  Motion:  Imove that the Board ofCommissioners approve the May 2024 County Financial Report and Cash Balance Report as presented.  Henderson County Public Schools Financial Reports - May 2024 Funds Report was provided for the Board'si information.  The Henderson County Public Schools May 2024 Local Current Expense Fund/Other Restricted  HENDERSON COUNTY PUBLIC SCHOOLS LOCAL CURRENTI EXPENSE/OTHER: RESTRICTED FUNDS as of May 31, 2024 LOCAL CURRENT EXPENSE FUND Budget YTD Activity 32.878.000 32.878,000 2,001,317  FUND Budget YTD Activity 8,000 S 6.263 S 6.263 1,522,494 1,169.360 1,169,360 106,000 130.380 55,000 51,750 1.513,172 1.243.295 1.243,295 132,816 43.642  REVENUES: 3200 State Sources 3700 Federal Sources-Restrcted 3800 oter Federa-ROTC 4100 County Appropriaion 4200 Local Tution/Fees 4400 Local-Unrestricted 4800  Combined Total 130.380 32.878,000 31,378,000 51,750 43.642  Prior YTD 8.000 691,190 113,321 45,945 736.031 723,408 75.210  705.000 578,634 232,298 474,019 1.052,653  4900 FundE AgprogrtssadTTanster. From school  FUNDF REVENUES $35.584.317 $33.456.634 $3.569.780 $3.118.710 $36.575.344 $33.772.105  Approved: August 5, 2024    July 17, 2024 EXPENDITURES: Instructional Services: 5100 Regular instuctonaisenices 5200 Special Populations Services 5300 Altemative Programs ands Servioes 5400 School Leadership Services 5500 Servioes 5800 Schooi-Based: Support Services Total Inatructional Services Syatem-wide Support Services: 6100 Support and Development Services 6200 Special Populaton Support 6300 Aitemative Programs 6400 Technology: Support Servces 6500 Operationals Support Services 6600 Financial andHuman Resource Services 6700 Accountabilty: Serces 6800 System-wide: Pupins Support Servoes 6900 Polcy, Leadership: and PubicF Relations Total syatem-wide support Services Ancillary Services: 7100 Communiy Servioes 7200 Nutrtion Services Total Anclllarys Services Non-Programmed: Charges: 8100 Paymentst to Otner 8400 Intertund Transfers 8500 Contingency 8600 Eaucuscauirouraxcons Totall Non- Programmed Charges Motion:  7  Budget YTD Activity 9,934,660 5 6.690,216 695,806 5 421,189 5 7,111,405 s 6,882,834 1,378,356 762,534 937,435 380,754 1.143,288 1,050,099 183,243 102,580 377,954 309,191 3.114,291 2.745,246 890,423 908,841 392,427 402,946 1,311,787 1.911,109 1.522,089 $17,412.102 5 12.731,506 $2,425,634 $1,531,014 $14,262.521 513.052,241 312,404 5 270,790 $ 6,500 5 14,641 S 285,431 $ 272,865 183,034 164,471 116,579 103,174 105,286 92,942 1287,752 1,220,063 9,491,369 7,887,822 425,671 382,687 8,270,509 8,003.246 2,345,702 2.062,508 123,292 75,053 2,137,561 2,064,901 120,174 103,885 415,304 391,296 781.001 627,849 25,970 22.113 $15,042,025 $12.821,627 $ 794,964 5 680,676 $13.502.303 $12.831.715 388 S 388 $ 165,108 S 145,951 s 146,338 s 102.311 265.803 97.747 23,725 23.725 266,190 $ $8,135 $ 188,833 S 169,676 S 267,811 $ 210,519 $ 2,362.000 s 2,336,366 $ 500,000 $ 2.862.0005 2,336,366 160.350 157,184 2.493.550 1.936.616 35.584.317 27.987.635 $3.569.780 2.536,550 30.526.185 28.031.092  Budget YTD Activty  Combined Total 411,771  Prior YTD 297,867 871,399 205,114 86,023 190,648 323,419 597.917 108.207 75.238 36.090  12,513 9,904 2,755,150 2.592.602 9.500 7.031 1.529.120 1.357,440 94,784 80,839 1,300.903 1,085,583  267,645 93,373 105,085 391,834 649.962 121.472 s 2.336,366 s 1,825.287 138,958 18.226  431 431 1,200 1,200 538 538  124,350 138,958 36,000 18.225  TOTAL FUNDE  Imove that the Borlo/Commisioners approve the Henderson County Public  Schools'. May 2024 Financial Reports as presented.  2024.084 Juvenile Crime Prevention Council - FY2024 County Funding Plan Revision #2 The Juvenile Crime Prevention Council (JCPC), as part ofits annual funding allocations, provides funding for local juvenile crime prevention programs. The JCPC requests the funding plan revision to reallocate funding sources for certain providers. The overall allocation of JCPC funding from the North Carolina Department of Public Safety has not changed. The revisions requested relate to local funding for Kids at Work!, Blue Ridge Literacy Council - At Risk Youth Literacy & Life Skills Program, Aspire Vocational Directions, and Hope Rising - Teen Court  Program.  Motion:  Imove the Board approve the updated County. Funding Plan.  ARPA Project Update - Mills River Tower  Since 2019, Staff have been working diligently with aj prospective commercial cellular carrier to expand theirs service onto our emergency communications: tower on Forge Mountain in Mills River. At the direction oft the Board, staffhave been able to renegotiate the lease with the property owner to allow for commercial co-location and negotiate an agreement with a cellular carrier. This project includes the replacement of the existing tower to support the additional load ofa cellular The necessary approvals from the FCC and FAA for the tower replacement have been received. The County will publish an RFQ for the construction ofa new tower and anticipate presenting a qualified respondent for the Board's consideration in August. Upon the selection ofa contractor, staffwill work to develop a construction contract for the Board's consideration. An initial project budget of $150,000 was developed during 2021. Iti is anticipated that the costs  carrier.  Approved: August 5, 2024    July 17,2024  8  will exceed the original project budget as the scope has been modified for additional cellular carriers, and additional infrastructure needs have been identified. We also anticipate inflation Staffhave identified additional funding for this project and will bring a formal request to the  will impact the original projections.  Board as current cost estimates are further defined. Offer to Purchase Tax-Foreclosed Property  Wawarth, LLC, a California limited liability company, has offered to purchase 0.37 acres located on Central Drive in Laurel Park, Henderson County. This matter was on the agenda for preliminary review and if desired, preliminary acceptance only. The offer included a deposit of$150.00, based Henderson County obtained its interest in this property via a tax foreclosure salei in 1939. No taxes If the Board agrees to provisionally accept this offer, it will be subject to a newspaper If an upset bid is received, a new advertisement is placed, and the process continues until the bidding ends. Once done, orifno upset bids are received, the matter comes back before this board  on an offer of $1,000.00.  have been received on the property since that time. advertisement and a ten-day period for upset bids.  for a final decision on the sale.  Motion:  Imove that the Board give provisional acceptance to this offer, subject to upset  bids. Portion  2024.085 Amended Reimbursement Resolution - Judicial Center Project - Courthouse On February 7, 2022, the Board approved a reimbursement resolution from bond counsel. The resolution allowed construction project and planning costs incurred prior to the closing ofthe (tax- An amendment was presented for Board consideration. This amendment will update the estimated NOTE: The "not to exceed" figures in the resolution were not intended to accurately state the project costs but rather to act as a safe harbor number for the purpose ofthese resolutions only.  free) financing tol be reimbursed from the financing proceeds. principal cost of the courthouse portion oft the project.  Motion:  move that the Board approve the amended reimbursement resolution for the  Courthouse portion ofHenderson County.udicial Center.  2024.086 Amended Reimbursement Resolution - Judicial Center Project - Detention Center On February 7, 2022, the Board approved a reimbursement resolution from bond counsel. The purpose of the reimbursement resolution was to allow construction project and planning costs incurred prior to the closing of the (tax-free) financing to be reimbursed from the financing  Portion  proceeds.  Approved: August 5, 2024    July 17, 2024  9  Anamendment was presented for Board consideration. This amendment will update the estimated NOTE: The "not to exceed" figures in the resolution were not intended to accurately state the project costs but rather to act as as safe harbor number for the purpose oft these resolutions only.  principal cost of the detention center portion of the project.  Motion:  Imove that the Board approve the amended. reimbursement resolution for the Detention Center portion ofHenderson County.Judicial Center.  2024.087 Budget Amendment - Public Transit Bus Purchase  Pending approval of the budget amendment, Henderson County plans to purchase a replacement bus for a vehicle that was totaled in an accident in March 2024 to maintain Apple Country Transit's current level ofservice and the required fleet per Federal Transit Administration (FTA)guidelines. The budget amendment covered the cost of the vehicle, appropriate taxes, registration fees, and  associated costs, such as vehicle wrapping, bike rack, fare box, etc.  Motion:  Imove to approve the proposed budget amendment as presented.  2024.088 North Carolina Office ofState Budget and Management- Register ofl Deeds Grant The North Carolina Office of State Management and Budget (NCOSMB) provides grant funding to local governments in the amount of $2,000 for the management and preservation of historic recordsa and files. The Board previously approved the application for this grant at the BOC: meeting held on 20 July 2022. This is the second time this program has been offered by the State. The previous grant money awarded in 2022 was used to help defray the cost of restoring 5 of the The Register of Deeds was applying for a second NCOSMB grant to continue with deed book preservation. The Board was requested to approve an appropriation of $2,000 from the Register ofDeeds' restricted AEPF fund balance toj provide the required match for this grant.  County' s oldest deed books from the 1830s and 1840s.  Motion:  Imove the Board approve the attached Budget Amendment to appropriate. find balance  for the NCOSMB, grant as outlined above.  2024.089 Budget Amendment - USDOJ Asset Forfeiture Fund Expenditure  The Sheriff's Office requested the Board approve an appropriation from the Sheriff's Office Restricted US DOJ funds (14431-451005-9060, in the amount of $15,025 to purchase PowerDMS PowerReady. This was an add-on for our existing PowerDMS program, which will enhance the Field Training Officer (FTO) program. This will digitalize and maintain records for  each deputy. Motion:  Imove the Board approve the budget amendment 10 allow appropriation from  Restricted US DOJfunds.  Approved: August 5, 2024    July 17, 2024  10  NC State Budget Soil and Water State Budget Appropriation - Project Listing As part of the State of North Carolina's 2023 Appropriations Act, Henderson County received funding directed to Soil and Water for stream restoration and flood resiliency. Senator Tim Moffitt provided additional information on this agenda item, which was included in the Board's agenda "The projects tied to this appropriation are in the *attached letter and listed in order ofi priority. As noted in the document, contracts with landowners have not been obtained for the stream restoration projects. That will be reflected in the Short Session budget language, and any monies not committed by the end of the biennium will be directed to Henderson County, for Farmland The Board was requested to direct staff toi incorporate these projects into the scope of work for the  packets.  Preservation.  stream restoration projects.  *The letter referenced is attached to these minutes. 2024.090 Resolution of Authorization - Kroger Settlement  In2 2021, the North Carolina Attorney General's Office and the North Carolina Association of County Commissioners negotiated a memorandum of agreement which governs how North Carolina would use thej proceeds ofany national settlement or bankruptcy resolution with the listed Now, the North Carolina Association of County Commissioners and the North Carolina Department of Justice have negotiated and prepared a Second Supplemental Agreement for Additional Funds (SAAF-2) to provide for the equitable distribution of the proceeds of these This resolution allows for the County Manager to execute all documents necessary to enter into the opioid settlement agreements with Kroger, to execute the SAAF-2, and to provide such  drug distributors.  settlements.  documents to Rubris, the Implementation Administrator.  Motion:  Imove the Board adopt the Resolution as, presented.  Commissioner Hill made the motion that the Board adopt the consent agenda. All voled inj favor,  and the motion carried. PUBLIC HEARINGS motion carried. Fresh Air Company  Chairman McCall made the motion to go into the Public Hearing. All voted in favor, and the 2024.091 Public Hearing for Consideration of Economic Development Incentives for Project A public hearing was scheduled for July 17,2024, at 9:30 a.m. for the above matter. The subject  matter was as stated in the notice that was published as stated below.  Approved: August 5, 2024    July 17,2024  11  NOTICE OF PUBLIC HEARING  NOTICE IS HEREBY GIVEN pursuant to N.C. Gen. Stat. $158-7.1 that the Henderson County Board of Commissioners will hold a public hearing at a regular meeting on July 17,2024, at 9:30 a.m., or as soon thereafter as the Board can consider the matter, to consider the request of the "Project Fresh Air" company (the "company"), for economic development incentives. The company has requested to remain anonymous at this time due to competitive pressures. (and Henderson County) contemplating new investment at its site in Henderson County.  Project Fresh Air, is a manufacturing concern located inside and outside the United States Under the project as proposed, the public benefit to be derived from the capital project is a total taxable capital investment by Project Fresh Air of at least $20,000,000.00 over two years in business personal property (equipment). The project would result in the retention of at least seventeen (17)jobs, which combined pay an average wage of$92,463 per year (which is in excess of the average wage in Henderson County for full-time employment) plus other benefits. The contemplated incentives would last for a period of five years. The first year's contemplated incentive,ifgranted, would be not more than $25,860.00, based on the newinvestment, the number of retained employees, and the Board's incentive guidelines for job retention projects. The maximum amount ofincentives to be considered in this grant over the five years (for each of the  two annual investments) would be $135,457.14.  Henderson County will consider granting assistance toward thei investment of Project Fresh Ifa approved, the request would be funded through the general property tax revenue. The hearing will bel held in the Commissioners Meeting Room oft the Historic Courthouse, located at 1 Historic Courthouse Square, Hendersonville, NC. The public is invited to attend and comment.  Air.  Public Input: There was none.  Chairman McCall made the motion to go out of the Public Hearing. All voted in favor, and the Vice-Chair Edney made the motion to authorize the incentives as presented. All voted inj favor,  motion carried. and the motion carried. DISCUSSION  2024.092 FY2023-2024 Tax Collector's Settlement; Approval of Bond Amounts for Tax Once Again, the delivery of the tax receipts to the Henderson County Tax Collector were due; however, before they can be sent, the following must occur (pursuant tol N.C.G.S. 105-352): PREPAYMENTS. The Tax Collector must deliver any duplicate bills printed for prepayments received by the Tax Collector to the Finance Director and demonstrate to the Finance (b) SEITLEMENT. The Tax Collector must make a settlement with the Board of (c) BOND. The Board of Commissioners must approve the bond to be issued for the Tax  Collector/Deputy; FY 2024-2025 Tax Order for Collection  a)  Director'ss satisfaction that all prepayments received have been deposited. Commissioners for all taxes placed in his hands for collection for the past year.  Approved: August 5, 2024    July 17, 2024  12  Collector and Deputy Tax Collector for Delinquent Taxes.  (d) ORDER OF COLLECTION. An Order of Collection must be adopted at today" sI meeting, which will charge the Tax Collector with the collection ofFY2024-2025 taxes, plus alloutstanding  delinquent taxes.  STATUTORY REQUIREMENTS FOR TAX COLLECTOR's SETTLEMENT  (NCGS105-373)  The Tax Collector's Settlement must:  1. Occur after. July 1 and before the Board charges the Collector with the FY2025 Levy  2. Include two lists:  Persons owning real property whose taxes remain unpaid; and  Persons not owning real property whose taxes remain unpaid (the 'Insolvents List") 3, Include an accounting of all amounts charged to the Collector and the amounts allowed as 4. Include a statement from the Collector stating he/she has made diligent efforts to collect the tax 5. The Settlement for prior-year taxes shall be made in whatever form is satisfactory to the County's  credits to the Collector  Chief Accounting Officer and the Governing Body  FY2024 ANNUAL LEVY LEVVADDITIONS Alla amounts charged tot the Tax Collector  Includes Real Property, Personal Property, Business Personal Property, and! Public Service Property billedo and collected by the County  MUNICIPAL  COUNTY FIREI DISTRICTS DISTRICTS 99,434,945.31 $15,847,805.48, $ 16,957,319.71. $132,240,070.50 $ 146,304.95. $ 24,734.59: $ 22,568.16. 193,607.70 $ 99,581,250.26 $15,872,540.07 $ 699897751AB4A38  TOTAL  Tax & Penalty Interest TOTAL  LEVY CREDITS Alls sums allowed as credits tot the Tax Collector COUNTY $  MUNICIPAL  FIRE DISTRICTS DISTRICTS  TOTAL  Deposits Adjustments Releases nterest TOTAL  $ 98,459,560.04 $ 15,671,445.07 $ 16,768,377.85 $ 130,899,382.96 $ 290,945,84 $ 45,721.94 $ 72,105.10 $ 408,772.88 28,986.02 $ 4,123.59 $ 1,740,44 $ 34,850.05 $ 146,304.95 $ 24,734.59 $ 22,568.16 $ 193,607.70 99,581,250.26 $ 15,872,540.07 $ 16,979,887.87/S 132,433,678.20  Unpaid Tax: Real & Personal Property $ 655,453.41 $ 126,514.88 $ 115,096.32 $ 897,064.61  Unpaid Tax: Registeredi Motor Vehicles $  $  Levy Additions and Credits for the Annual Levy are listed for the County, as well as the Fire  Districts and Municipalities for which the County bills and collects.  Approved: August 5. 2024    July 17,2024  13  REGISTERED MOTOR VEHICLE (RMV) LEVY RMV taxi is notp parto oft the Collector's charge, however itisp parto ofthe Tax Levy.  Includes Registered (tagged) Motor Vehicle Tax Bills that are billedo ando collected onk behalf oft the Countyk by NC's Tax &1 Tag Together Program  LEVY ADDITIONS  MUNICIPAL DISTRICTS $  COUNTY $ $  FIRE DISTRICTS $  TOTAL  Tax Vehicle Fee Interest TOTAL  $ 7,528,864.96 $ 1,224,043.88 $ 1,826,942.97 $ 10,579,851.81 $ 7,588,650.32 $ 1,233,184.81 $ 2,067,551.36 $ 10,889,386.49  225,930.00 $ 225,930.00 14,678.39 $ 83,604.68  59,785.36 $ 9,140.93 $ LEVY CREDITS  MUNICIPAL DISTRICTS  COUNTY $ 24,345.29 $ $ 59,785.36 $  FIRE DISTRICTS 2,967.18 $ 9,140.93 $  TOTAL  Levy Collected Unpaid Levy Interest Collected TOTAL  $ 7,504,519.67 $ 1,221,076.70 $ 2,043,855.54 $ 10,769,451.91 $ 7,588,650.32 $ 1,233,184.81 $ 2,067,551.36$ 10,889,386.49  9,017.43 $ 36,329.90 14,678.39 $ 83,604.68  The following slides focus only on the County Levy for Annual Bills and do not include Fire Districts and/or  Municipal Districts  FISCAL YEAR-END COLLECTION RATES  FY2024 99.35% 99.68% 99.37%  FY2023 99.17% 99.72% 99.22%  Annual Levy RMVL Levy Combined Levy  COMBINED LEVY COLLECTION RATE TREND:  FY15-FY24  99.50%  99.37% 99.22%  99.30% 99.20%  99.04% 99.07%  99.00%  98.85% 98.583  98.50% 98.43%  98.00%  Approved: August 5, 2024    July 17,2024  14  LEVY COLLECTED COMPARED TO  FY2024 BUDGETED PROPERTY TAX REVENUE  $COLLECTED BUDGET  LEVY COLLECTED OVER (UNDER) 106,944,934.76 $ 8,208,272.76 $ 100,037,258.80 $ 4,597,260.80 $ 93,935,287.74 $ 5,306,076.74  LEVY BUDGETED ($DEPOSITED)  FY2024 FY2023 FY2022 FY2021 FY2020 FY2019 FY2018 FY2017 FY2016  $9 98,736,662 $9 95,439,998 8 88,629,211  $.92,107,728 $ 96,697,252.46 $ 4,589,524.46 $ 87,128,532 $ 90,966,806.18 $ 3,838,274.18 $ 76,722,389 $ 80,239,454.85 $ 3,517,065.85 $ - 74,231,301 $ 78,183,956.57 $ 3,952,655.57 $ 73,075,676 $ 76,381,248.10 $ 3,305,572.10  $ 6 65,998,066  $ 68,524,823.14 $ 2,526,757.14  *Includes Ad Valorem, RMV, and Prior Year budgeted items  COLLECTOR'S EFFORTS TO COLLECT UNPAID TAX  ENFORCED COLLECTION ACTIVITY  FY2024 ACTIVITY #OFI NEW ACTIONS 203 $ 557 $ 775 $ 1 $ 184 $  FY2023 ACTIVITY #OF NEW $VALUE* 190 $ 559,153 364 $ 883,883 432 $ 344,807 3 $ 33,733 131 $ 109,370 859,364  TYPE OF ACTION Payment Arrangements Bank Account Attachments Wage Garnishments Rent Attachments Garnishments of Escheated Funds NC Debt Setoff (State Income Tax Garnishment)  $VALUE* ACTIONS 594,954 979,630 642,277 12,921 213,445  2,668 $ 1,402,683 2,138 $  $Valuei includes the total value ofe each action when it was created. Itshould not be confused with collection activity resultant from the action. Total value includes levy, interest, penalties and any collection costs  associated with the action.  Vice-Chair Edney made the motion for the Board to approve the tax collector' S settlement for Fiscal Year 2023.2024 taxes and further approve the bonds, the order ofcollection, and charge for collection to the tax collector for Fiscal Year 2024-2025 taxes. AlI voted in favor, and the  motion carried.  Approved: August 5, 2024    July 17,2024  15  Salvation Army Homelessness Update  Salvation Army Executive Director Captain Philip Stokes and Captain Sherri Stokes provided information on homelessness and the services that the Salvation Army provides for the homeless  community and others.  our Mission Statement The Salvation Army, an international movement, is an evangelical part of the universal Christian Church. Its message is based on the Bible. Its ministry is motivated by the love of God. Its mission is to preach the gospel of Jesus Christ and to meet human needs in His name without discrimination Three S's of The Salvation Army meeting a person'sir immediate physicalneeds  E  Our Values Caring for people Create Hope Building healthy communities by collaborating with groups within the community Being an Advocate for our people within the community Statistics for Fiiscal Year 2024 Clients that received food boxes - 1869 Meals Served 2700 Other Services Provided 955  Soup Soap restoring people's dignity Salvation Share the message oft the Gospel Programs Me offer Rent, Utility & Emergency Assistance  Clients that received rent and utility assistance 471 Seasonal & Summer Youth Camps  Senior Program SPA Program Homeless Outreach Building Usage Disaster Response  How We Provide Our Services  The Salvation Army- North and South Carolinal Division  Hendersonville," NCCorps 2025 Annual Budget Proposal Approved Proposed ProposedE Budgetvs Actuals Actuals Actuals Budget Budget Actuals 09/30/2023 09/30/2021 09/30/2022 09/30/2024 09/30/2025 9Change 1,515,772 1,310,332 1,530,797 1,291,129 1,568,030 2% 0 0 0 0 0 0% 19,467 26,508 17,387 30,000 20,405 17% 1,535,238 1,336,839 1,548,184 1,321,129 1,588,435 3% 1,340,898 1,400,510 1,507,184 1,321,129 1,588,435 5% 194,341 (63,671) 41,000 0 0 (100%) 5% 5% 5% 25% 5% 0% 14% 129 12% 25% 12% (0%) 81% 83% 83% 50% 83% 0%  Operating Income Unassociated Organizations! (47xx) PublicF Funds( (50xx) TotalIncome TotalExpenses Surplus/Deficit) Functional Expense Summary: Administrative! Expenses FundraisingE Expenses ProgramE Expenses  Mrs. Stokes said that all money that comes through Henderson County stays in Henderson County. Eighty-three percent ofevery dollar goes to the services they provide.  Approved: August 5, 2024    July 17,2024  16  Clear Creek Sewer Project Update  John Mitchell explained that the Clear Creek Sewer Project discussion arose from Edneyville Elementary School, as it was the last elementary school not connected directly to sewer. The Board began deliberating on this project in August 2017. After numerous public hearings and meetings, the Board determined it was necessary to look at a sewer system in Edneyville and seek adischarge permit in April 2022. Thej permit would not be issued until two years later by the state. The time between that draft permit and the issuance oft the permit was approximately ten months. Marcus Jones referred to a Special Called Meeting that was held the previous week to discuss Clear Creek Sewer options. During that meeting, Staff and consultants received direction from the Board on two specific options to explore in detail. Will Buie with WGLA presented those  options as follows:  Ar reduced WWTP serving as much oft the US 64 corridor as possible with gravity sewer Ac connection to the Hendersonville system serving as much oft the US 64 corridor as possible with gravity sewer in the Henderson Creek and Lewis Creek basins.  in the Henderson Creek and Lewis Creek Basins.  Clear Creek Option 2  Add/Alternato, ATION  Approved: August 5, 2024    July 17,2024  17  Clear Creek Option 2  ek Basin  Vice-Chair Edney stated that he had asked that the Laurel Branch also be included in the options. Mr. Buie said that he could go back and look at that cost. Option two, as the Board saw, was about $21.5 million. If the lines that were dashed were delayed or eliminated, that cost goes down to about $18.7 million. He said county staff had confirmed that the funding available for this option was approximately $18 million. There was a gap in funding, but the estimated costs did include  contingency.  Clear Creek Option 3  Add/Alternate  Approved: August 5, 2024    July 17,2024  18  Clear Creek Option 3  Million Creek Basin  Henderson $8.6 Million Creek Basin  lendersonville Connec the City  Summary of Estimated Costs  Option 2 - $21.5 Million sewer lines on US 64 option is $17,929,789  Option 2 - $18.7 Million without add/alternate Staff has confirmed funding available for this  Option 3 - $17.0 Million sewer lines on US 64 option is $17,069,789  Option 3 - $14.2 Million without add/aternate Staff has confirmed funding available for this  Approved: August 5, 2024    July 17,2024  19  Mr. Buie mentioned that the Laurel Branch option would slightly exceed the available funding but could be added as an add/alternate. This would allow WGLA to design and bid for it, with the option for the county to incorporate it if within budget constraints. Edney said this should be included as an add/alternate at a minimum. Buie estimated the cost ofa adding Laurel Branch to be  $3.5million, which would bring the total cost to. just over $20 million.  Clear Creek  Easements Required  Option 2 will require easements from Option 3 will require easements from  approximate.y 67 properties approximately 60 properties  Note that additional easements and/or construction easements may be required for the project based on the Mr. Edney asked about the anticipated monthly fees for users associated with each ofthe options. Mr. Buie said that option 3 would involve connecting the City of Hendersonville, subjecting users to the out-of-city rates. If the county manages the collection system, additional costs could increase residential customers' bills by $10 to $25 per month, depending on the number of customers. Buie said when considering the treatment plant option, the key factor is determining which entities will connect to the system. The confirmed customers include Edneyville Elementary, likely Camp Judaea, and the. Justice Academy. The estimated operational costs would Ifthese costs were extrapolated to a typical residential customer, the fees would likely be three to four times higher than the city's out-of-city rates until the number of users increases. Commissioner Lapsley proposed the county explore negotiating with the City to become a "bulk" Commissioner Andreotta's comments were as follows: "If we were going to pursue partnering with the city, any decision made today would be somewhat tentative because we haven't seen, or they haven'tagreed to, any terms going forward, be it the bulk customer rate, annexation, things like that. So there are some to be determined on that. I would like to see, personally, before I would support that option, I would like to see from them where they are willing to be. Otherwise, we could vote to go that way. If we don't get on the same page with them, then we have to circle Chairman McCall emphasized that the primary objective for today'sr meeting was to provide clear  final project design.  total around $100,000, which these entities would share.  customer, aiming to secure a lower rate.  back and revisit it again.  Approved: August 5, 2024    July 17,2024  20  direction to Mr. Buie regarding the design. 10 pursue an agreement with the City.  Vice-Chair Edney made the motion to direct staff to pursue option 3, including the add/alternates And including the additional. add/alternate ofLaurel Branch while removing the. Jaymar line. And Commissioner Hill stated that the City was extending its annexation into the county and showed Commissioner Lapsley noted that a small group of people had influenced the state to push the county towards option three. While this group didn't succeed in halting or denying the permit process, they did achieve a one-year delay, potentially causing the county to lose an additional $9.3 million intended for option one. This situation has forced the Board to prioritize option three. From the beginning, Mr. Lapsley's stance has been that the project should be financially self- sustaining in terms of both capital and operating costs. He said he would not support any option that surpasses the funds available. He was hesitant to endorse any oft the alternatives under option three due to the actions of the City Council in recent years with regard to satellite annexation of properties ini the rural areas ofthe county, which are: far beyond theire existing corporate limits. He believed that Alternative 3C provides as much service to the Edneyville community within the After discussion, Chairman McCall proposed that the Board commit to option 3C, which includes Henderson Creek and Lewis Creek, and connect to the City ofHenderonyle'ssewer. system. The terms of the agreement with the City regarding management ofthe system would be worked out in the future. Additionally, the system should be designed to include Laurel Branch in case Commissioner Andreotta's comments were. as follows: "Ifwe adopt any option 3A-Ethatin involves connecting with the City and then a month later we cannot come to terms with them. What do we do then after having lost another month? Because, as I understand it, time has become, as Commissioner Laplsey said, because of the actions of some, time is now putting a squeeze on us. And we need not think that it is not possible that we all do not get on the same page. We never Chairman McCall said the City had stated in writing that they would agree to no annexation to the Edneyville area. The decision on the table would be who manages the system, the City or the County. She said this was the only way to provide a reasonable fee to use the sewer system. Commissioner, Andreotta'sc comments were as follows: "Would the county be collecting or sharing in the collection of the revenue at all?" Mrs. McCall said that was unknown at the time, but the direction for design was what the Board needed to determine at today" 's meeting. Commissioner Andreotta's comments were as follows: "Summary of my thoughts is design it with, and I heartily agree with Commissioner Lapsley that we don'tspend what we don't have in this topic or ever, But, certainly here. Design the system SO that over time it could be scaled up and customer's added. So if the county is not going to realize in perpetuity going forward any benefit from the revenue from the rate paying customers then why should we pay to buildi it. Soley pay to build it. It think that be it the City or the County should pay part of the construction if proportion to the revenue share you are going to get for the next several decades. Ithink that is  no signs of stopping. Mr. Hill said he would not support the motion.  financial constraints of the available funds.  additional funds become available.  have until this point on the topic ofannexation."  Approved: August 5,2024    July 17,2024  21  purely. just. That would be like someone building a brand new apartment building and filling it full ofr renters and saying here it's yours. Gee, thanks. And remember, it is called urban sprawl. It's not called rural fill. It's the urban spreading out too far, as Commissioner Lapsley said. Ithink we need to protect the jurisdiction of the county areas-territories. We need to maximize the most money that we can for what wel have and allow for, at some point, as soon as possible, that corridor tol be fully served; my preference would be by a county sewer system. Butl I would not; It think we could; I would maybe make an amended motion that we turn them loose to design but do not design only toward connecting it to Hendersonville. Allow an option if we cannot come to terms and feel like there are any teeth in it; then, we don't have to go back and start over. Is that Mr. Buie said the challenge becomes designing a treatment plant that you may or may not build. He said what he has heard indicates that the preference is toward 3C possibly with an alternate to add Laurel Branch. He said the ownership and operation of the system could be decided later. Commissioner Andreotta said, "After the county spent the money to build it." Vice-Chair Edney said it was not the county or the state's money. It's the federal and state taxpayers. He said there were no property tax dollars being used at all. Commissioner Andreotta said, "Well, it is still taxpayer money. This is generations forward mortgaged their future to pay for this."  possible?"  Commissioner Lapsley asked Mr. Edney to clarify his motion.  Vice-Chair Edney made the motion to direct Staffand the Engineers to design Option. 3, including the add/alternates on the highway. The addalternate design for Laurel Branch minus Jaymar should also be included. The final decision as to what is built would be subject to the fiunds available andifacceptable terms have been agreed upon with the CiyofHendersomvlle.  Chairman McCall asked the Clerk to poll the Board.  The motion passed witho a 3-2 vote. Commissioner Men/Cmrdahe were the nay  votes.  Construction Project Update projects around Henderson County.  Bryan Rhodes, Chris Todd, and Andrew Griffin provided the Board with an update on construction The monthly report was a review of the scope and statuses of assigned construction management responsibilities and included specific updates in regard to County funded construction activities. The Hedrick - Rhodes Veterans Center had been completed on time and under budget.  Henderson County Capital Projects  Henderson County Public Schools MRTS Projects  Approved: August 5, 2024    July 17, 2024  22  West Henderson High Renovation and Addition  Bi  Upward Elementary Renovation and Addition  Atkinson Elementary HVAC Replacement Project (phase 1)  BEE BBE E AI  Medical Ofice! Buildings  Henderson County JCARPIOject  Facilities Services Projects  Approved: August 5, 2024    July 17,2024  23  Andrew Griffin informed the Board that EMS #6 in Fletcher is nearing completion, and the The VW-DC Fast Chargers were still not complete, as they needed a final connection from Duke Energy. Commissioner Lapsley asked how long the chargers have been sitting and waiting for Duke's final connection. Mr. Griffin said Staff had met with Duke in March, set the pole at the transformers in April, and have not been on site since. Lapsley directed the county manager to notify Duke Energy that the county is not pleased with their lack ofattention in this matter. Mr. Mitchell said he would schedule a meeting with Duke's Western Regional Director to discuss the  station's ribbon-cutting has been scheduled for August 1.  project.  WW-DCFast Chargers PoleSet Fraomateareéciemh.e  Mr. Griffin said the EMS Headquarters Shed and Parking Improvement SBA-5 was completed in The Third Transfer Bay project was well underway, and demolition, site work, and concrete had  June 2024. He also shared that paving had begun on the Ecusta Trail.  started.  Asset Purchase Agreement - Etowah Sewer Company, Inc.  The Board was presented with a draft asset purchase agreement under which the County would acquire all the assets of the Etowah Sewer Company for a specified price of $400,000.00. John Mitchell said Commissioner Hill had beena champion for the project for some time, and the Board had been discussing the purchase for quite some time. The system has approximately 400 customers and spans 20 miles of line. Itisi important to note that the agreement states that there are no encumbrances (debts, liabilities, or commitments) associated with the purchase. Commissioner Lapsleymade. the motion to approve the. Asset Purchase Agreement with the Etowah Vice-Chair Edney felti iti important that the public understand that the county has the discretion and authority to decide whether or not to provide sewer services to developers or individuals. As the December 31, 2024, obligation deadline for American Rescue Plan (ARP) expenditures approaches, the Board was requested to discuss prioritizing plans for utilization of current unencumbered ARP funding. All ARP expenditures must be authorized by the ARP Final Rule  Sewer Company, Inc. All voted inj favor; and the motion carried.  ARPA Update - Projects Discussion  and must also have state authorization through enabling legislation.  Approved: August 5, 2024    July 17,2024  24  ARPA Update  Federal Regulations preclude governments from using the Due to 26-month process to obtain permit from NCDEQ, available delivery methods no longer not fit into ARPA timeline To prevent reversion of ARPA funding to US Treasury, staff and Commissioners have been exploring other options  CMAR method of procurement.  Constraints  All ARPA funds must be obligated by December 31, 2024, and spent by December 31, 2026. All projects must be ARPA eligible and authorized by state law and local policy. Both Federal and State Compliance requirements must be followed. Very specific categories of allowable  ARP/CLFRF Eligible  State Law Authority  expenditures  ARPA Allowable Expenditures  Address COVID PublicHealth Support publich health expenditures, by funding COVID-19 mitigatione efforts, medical expenses, behavioral healthcare, ando certain public healtha ands safety staff;  Address COVID Economic Impact Address negative economici impacts caused byt thep public health emergency, includinge economic harmst tov workers, households, small businesses, impacted industries, andt the publics sector;  Replace Lost Revenue Replacel lostp public sector revenue, using the extent ofthe reduction in revenue pandemic;  Premium Pay Provide premium pay fore essential workers, have borne and will service inc critical infrastructure: sectors; and,  Infrastructure Investments Invest in water, sewer, and broadband infrastructure, making necessary investments toi improve access to support vital wastewater: and stormwater infrastructure, andt to expanda accesst to broadbandi internet.  this fundingt top provide offeringa additional government: services to supportt tot those who experienced due tot the risks because of their  bear theg greatest health clean drinkingwater,  Approved: August 5, 2024    July 17,2024  25  Addressing COVID-19 Negative  Economic Impacts  1.What is the specific negative economic impact due to the pandemic?  2.Does project address the negative economic impact?  E9 ISITINAQUALIFIED OR BENEFITING  *ivit DOES ITA ADDRESSA IMPACT IN THE  DOES ITA ADDRESSA OR HOUSEHOLD7  DOES ITA ADDRESSA  CENSUS TRACT (QCT) DISPROPORTIONATELY NEGATIVE ECONOMIC NEGATIVE ECONOMIC  NEGATIVELY IMPACTED IMPACT ON THEL LG?  INDIVIDUALS INAC QCT? GROUP, AREA,  (NOT LOST REVENUES) COMMUNITY?  MOUNTAIN HOME  Qualified Census Tracts  191  BALFOUR  Investments could include: Programs promoting healthy childhood environments Investments in parks, greenways, and other public facilities QCTdala -mainidinedby! HUD Source: PD&R  DanaRd cy Grove  LAUREL PARK  BARKER HEIGHTS Spartanbur  Recreation sports complex, sports fields Broadband Funding - additional funding Parks and Recreational Facilities Mills River Tower project - additional Public Health Expenditures - COVID  Options  funding related Other?  Approved: August 5, 2024    July 17,2 2024  26  Commissioner Lapsley said his commitment was to develop a sports complex on the Berkeley Park Property. He believed this to be the most suitable location and was confident the School Commissioner Hill said the Board's main focus needed to be Jackson Park, as it is the county's main park. Vice-Chair Edney added that there were 100 undeveloped acres at Jackson Park and Commissioner Andreotta's comments were as follows: "Wed didn'tchoose to be ont this timeframe, but the worst thing government can do was spend a whole bunch ofmoney in a hurry. I believe there is too much up in the air about Berkeley Park and its future, and we do not have a set agreement; this is starting to reflect the sewer thing where we are going to go a direction without an agreement in place first, and I am not a fan of that. Ialso have seen several designs, and you have to factor in how much to allow for parking. Ifyou start building a complex where dozens or hundreds ofkids can play, you have seventeen parking places, and then you have messed up big time. There is no way we could put four big soccer fields, softball, tennis, and all that at Berkeley and have room to park anything. Iagree that Jackson Park is where we need to look. We already own it; Ilike what the citizens said; I've said this before. Iam a fan ofusing what you have; that is thel best bargain you will find. And wel haveatremendous amount ofland there with not a whole of expense or time that be leveled sections-areas and put the facilities there because you already have restrooms, and you have parking, and you have a playground, and you have SO many other things to support 3 or 4 soccer fields being built. That doesn't mean that one day we may build something elsewhere, but Ithink that is where we need to focus, and we need to, youl know, maybe just tap the brakes a bit. There are too many unknowns to be determined at Berkeley Park." Chairman McCall made the motion to allocate the remaining ARPf funds toi recreation and directed Staffio report back at the August 5th meeting withar recommendation on the most. suitable locations within the eligible census tracts, understanding that the location will require further discussion by Mr. Mitchell said he would get Bruce Gilliam, Jason Kilgore, Chris Todd, Marcus Jones, and other key individuals to put together a list of potential sites that would include Berkeley, Jackson, East Flat Rock, and anything that is within that reasonable census area toj provide the Board with their options. He proposed staff prepare an RFP or RFQ to be prepared to go ahead and solicit for a Commissioner Lapsley asked that Mr. Mitchell also request that the School Board provide a letter specifically indicating what conditions, ifany, they have for committing Berkeley to a proposed expansion for a sports complex. The Board agreed with Lapsley's request. Purchase Contract - Property Acquisition (Moved from the Consent Agenda) A draft agreement for purchase was presented, under which the County would acquire +/-.77 acres located at 285 E. Allen Street & 101 S. Grove Street in Hendersonville at a cost of$2,477,310. The agreement also included the terms of a lease agreement with the seller, Barrister Properties, Commissioner Andreotta's comments were as follows: "T have said from the beginning of the conversations that from my view, ifI am the only one, so bei it; it would not be the first time; Ia am noti in favor of purchasing this property. Ido not see the need. Ik know the reason that is being said ist that we need it; Ithink it is called a swing space often because some of the buildings there we  Board would support it.  that there were a lot of other things that could be done at the park.  the Board. All voted inj favor, and the motion carried.  contractor to help with fields sO the selection process may begin.  which will commence on the date of closing.  Approved: August 5, 2024    July 17,2 2024  27  may intend to keep and use and others we may not. But, one oft the ultimate uses oft this property, as Ihave heard it, is going to be for parking during the construction of the JCAR project. That means that more money would have to be spent to take some structures down and level it out etc. Which you have to say is driving the cost ofthat project upe even higher. Ithink iti isa already higher than it should be. There is quite a bit ofs space directly across the street in one direction or another from the existing courthouse that could possibly be leased for parking or staging, and then when thej projectisover, we are done. Idon'tthink the county ought to own real estate without aj purpose, a legitimate need, and use. Ithink this will turn into Fassifern 2.0. That is a piece of property adjacent to Hendersonville High School that was purchased for much the same reason prior to construction. I realized that COVID allowed that project to look different, but since the school, and even before the school has been finished, it serves as a point of contention. Different departments want it or different city, county, school, whomever. We are still holding on to Fassifern, which we don't need. Ihave never thought this since I have been here, but I am beginning to think and see, in my view, that this Board has picked up the rate of spending that is starting to give me some indigestion. It think we need to pump the brakes. Idon't support the Chairman McCall supported the purchase of the property due to the scope of the JCAR project. She believes additional space is needed within the existing part oft the courthouse, and having this building would allow a department or multiple departments to move to another location, freeing up space within the existing courthouse. The reason that isi important was because the addition of a fifth floor in the annex was going to cost $12 million, and the purchase ofthis building is $2.5 million. This allows the county to have the space that is needed for day-to-day operations. Vice-Chair Edney added that after the construction of the 95 courthouse, there were originally north and south parking lots. The construction oft the Sheriff's Office eliminated most of the south parking lot, and the new Court Tower will take away the north parking lot. There is a necessity to have adequate parking despite these construction changes. He mentioned that opportunities to purchase adjacent properties for additional properties had been available in the past but were not pursued. The King Street building is slated for eventual renovation or possibly demolition, and Commissioner Hill did not support the purchase. He cited the substantial debt amounting to $160 million for the JCAR project. He said this purchase was equal to a penny oft the county's tax rate. He said there was an inability to justify burdening the taxpayers with the purchase oft the property.  purchase oft the property because Ido not think there is a justified need."  there will need to be parking and/or swing space for that project as well.  Commissioner Lapsley called the question.  Chairman McCall. made the motion that the Board approve the agreement, for the purchase of  the property and lease terms, as indicated. in the agreement. Chairman McCall asked the clerk to poll the Board.  The motion passedwith a. 3-2 vote. Commissioners Hill and. Andreotta were the nay votes.  Approved: August 5, 2024    July 17,2024  28  NOMINATIONS AND APPOINTMENTS  1. Henderson County Board of Equalization and Review- 1 vac. There were no nominations, and this was rolled to the next meeting.  2. Henderson County Tourism Development Authority - Appointment of Flat Rock Chairman McCall nominated David Ford for appointment to seat #8, the Flat Rock  Representative  Representative. All voted inj favor, and the motion carried.  3. Home and Community Care Block Grant Advisory Committee - 1 vac. There were no nominations, and this was rolled to the next meeting.  4. Industrial Facilities and Pollution Control Financing Authority - 2 vacs. There were no nominations, and this was rolled to the next meeting. 5. Juvenile Crime Prevention Council - 3 vacs.  There were no nominations, and this was: rolled to the next meeting. 6. Mountain Area Workforce Development Board - 1 vac. There were no nominations, and this was rolled to the next meeting.  7. Nursing/Adult Care Home Community Advisory Committee - 8 vacs. There were no nominations, and this was rolled to the next meeting.  COMMISSIONER UPDATES  Commissioner Hill encouraged everyone to visit the newly renovated Hedrick Rhodes Veterans Services Building. The ribbon-cutting was held the previous week, and a good number of citizens  were in attendance. The memorial wall dedication will be announced soon. Vice-Chair Edney and Commissioner Lapsley did not have any updates to share.  Chairman McCall noted that the Board needed to focus on their Legislative Goals, which were due to the NCACC by September. She mentioned that she and several staffmembers would attend the NCACC annual County Commissioners Conference, scheduled for August 7-9.  COUNTY MANAGER'S REPORT  Mr. Mitchell commended the Parks and Recreation staff for their hard work in making the wonderful July 4th festivities a success. He highlighted that this was the 2nd Board meeting with  Approved: August 5,2024    July 17,2024  29  new Assistant County Manager, Chris Todd. He recognized Samantha Reynolds and Jimmy Vice-Chair Edney made the motion to go into Closed Session pursuant 10 143.318.11(a(6). All  Brissie, who had also assumed new responsibilities.  voted inj favor, and the motion carried.  ADJOURN MA  Rekueal Rebecca McCall, Chairman  Denisa Lauffer, Clerk to'the Board  Approved: August 5,2024    During the July 17,2024, regular meeting, the Board enacted the following:  2024.083 2024.084 2024.085 2024.086 2024.087 2024.088 2024.089 2024.090  Resolution of Appreciation - Jerrie McFalls  Juvenile Crime Prevention Council - County Funding Plan Revision #2 Amended Reimbursement Resolution - Judicial Center Project - Courthouse Amended Reimbursement Resolution - Judicial Center Project - Detention  Portion Center Portion  Budget Amendment - Public Transit Bus Purchase  Budget Amendment - North Carolina Office ofState Budget and Management Budget Amendment - USDOJ Asset Forfeiture Fund Expenditure  Register of Deeds Grant  Resolution of Authorization - Kroger Settlement  2024. 091 Public Hearing for Consideration of Economic Development Incentiyes for  Project Fresh Air Company  2024.092  FY2023-2024 Tax Collector's Settlement; Approval of Bond Amounts for Tax Collector/Deputy; FY 2024-2025 Tax Order for Collection    HENDERSON COUNTY BOARD OF COMMISSIONERS  1Historic Courthouse Square, Suite #1 Hendersonville, NC28792 Phone (828)697-4808 . Fax (828) 692-9855 AeAdePoIcouynge"  REBECCA MCCALL Chairman J.MICHAEL EDNEY Vice-Chairman  WILLIAM LAPSLEY DANIEL ANDREOTTA DAVIDHILL  RESOLUTIONOFAPPRECIATION  JERRIE MCFALLS, DEPARTMENT OFSOCIALSERVICES DIRECTOR WHEREAS, Jerrie McFalls was hired as Social Work Trainee for Henderson County on January 14,  1980.  WHEREAS, InJuly 1980, Jerrie McFalls was promoted to Social Worker; and WHEREAS, In June 1986, Jerrie McFalls was promoted to Social Work Supervisor; and WHEREAS, In March 2008, Jerrie McFalls was promoted to Social Work Program Administrator; and WHEREAS, In December 2015, Jerrie McFalls was promoted to Interim Social Services Director; and WHEREAS, In. July 2016, Jerrie McFalls was promoted to Henderson County Social Services WHEREAS, Jerrie McFalls earned a Bachelor of Science degree from Western Carolina University WHEREAS, Jerrie McFalls has served in various community and civic organizations, including  Director; and  with a concentration in Social Work; and  Community Child Protection Team, Child Fatality Prevention Team, Domestic Violence Task Force/Supported Task Force, Partnership for Health, and the Henderson County Certified Baccalaureate Social Works and the North Carolina Association ofCounty July 31, 2024, currently as the longest tenured Henderson County employee with more  Substance Abuse Task Force; and  WHEREAS, Jerrie McFalls has participated in professional memberships, including the Academy of WHEREAS, Jerrie McFalls will retire from service with Henderson County and its citizens on NOW, THEREFORE, BE IT RESOLVED that the Henderson County Board ofCommissioners expresses their deep admiration for the experience and wisdom that Jerrie McFalls has brought to her service with'Hènderson County. On behalfoft the citizens and staff ofHenderson County, we appreciate and commend you on ajob well done, Jerrie McFalls. In witness whereofI have hereunto set my hand  Directors of Social Services (NCACDSS); and  than 44 years of dedicated full-time continuous service; and  andc caused ihésealoft the County ofHenderson to be affixed.  /  Adopted this the 17thfday ofJuly 2024.  5 a - / TTESF ARO oio   Sh moGl REBECCAI MCCALL, CHAIRMAN HENDERSON COUNTY BOARDOF COMMISSIONERS  DENISAL LAUPFER.CDROTIE BOARD    Henderson $266,020  County  NC DPS - Community Programs - County Funding Plan  Available Funds:  Local Match: $ $207,471  Rate: 30%  DPS. JCPC funds must bec committed with al Program Agreement submittedi in! NC Allies and electronically signed by authorized officials.  LOCALFUNDING Match  OTHER OTHER  Program Provider  DPS-JCPC County Cash LocalCash Local In- Statel  Funds  Total DPSJCPC Program Revenues $5,400 $51,480 23% $128,153 40% $102,291 67% $116,162 41% $70,005 41%  Funding Match $5,400 $76,952 $68,443 $41,625  Kind Federal  JCPC Administration Boys & Giris Club of Henderson County Kids AtV Work! BlueF Ridge Literacy Council/ At-Risk) Youth Literacy8 & Life Skills Program Aspire Vocational Direction Hope Rising Teen Court  $39,600 $2,970 $8,910 $34,000 $10,500 $3,358 $54,433  $26,664 $24,537 $22,180 $25,539  $28,380  TOTALS:  $266,020 $13,470 $61,112 $132,889  $473,491 44% County  The above plan was derived through a planning process by the  Henderson  Juvenile Crime Prevention Council and represents the County's Plan for use oft these funds inF FY 2023-2024  Amountofu Unalilocaled Funds Amount off funds reverted back to DPS Discretionary Funds added a initial plan E update a finai ---DPS Use Only- Aread Consuitant Program Assislant Desgnaled Stale OficeSiaf  Chairperson, Juvenile Crime! Prevention Council (Date) blTR Chairperson, Board ofCounty Commissioners or Finance County  check type Reviewed oy_ Reviewedby venhedoy  aakr  Officer  Dale Date Dale  ar 13042016    Resolution Approving the Settlement with the Tax Collector for the 2023-2024 Tax Year WHEREAS, N.C.G.S. 105-352 requires that settlement be made with the Tax Collector for the taxes charged to the Tax Collector in the previous tax year prior to delivery of the tax receipts to the Tax Collector for the current tax year, said settlement being conducted in  accordance with N.C.G.S. 105-373; and  WHEREAS, N.C.G.S 105-373 requires that settlement be made for both taxes charged to the Tax Collector in the previous tax year, and for all delinquent taxes charged to the Tax Collector, there being a specified format for current tax year settlements, but not delinquent  taxes; and  WHEREAS, the Henderson County Board Commissioners has received a proposed settlement for the 2022-2023 tax year taxes, and all delinquent taxes charged to the Tax Collector  for prior tax years;  NOWTHEREFORE BE IT RESOLVED AS FOLLOWS:  1.  The Settlement for the 2023-2024 taxes charged to the Tax Collector is hereby a. All prepayments received by the Tax Collector were properly deposited; Ad diligent effort was made to collect from the person who were legally obligated d. Those persons identified in the report ofinsolvents submitted by the Tax Collector are found to be insolvents. The insolvents list shall be entered into the minutes and credited to the Tax Collector as part of this settlement. The Settlement for the delinquent taxes charged to the tax collector for the previous fiscal years is hereby approved. The Board finds that the settlement for the  approved. The Board finds: b. The settlement isi inj proper form;  to] pay their taxes for the 2023-2024 fiscal year; and  2.  delinquent taxes is in an appropriate form.  THIS the 17th day of July, 2024.  1SD ORPOR.  THE HENDERSON COUNTY BOARD OF COMMISSIONERS  BY: (County Seal) -  7GEE Rebecca McCall, Chairman  Attest,  4  Denisa Lauffer,  Board      EXTRACTS FROM MINUTES OFTHE BOARD OF COMMISSIONERS Ar regular meeting oft the BomdorCommisiowrthe "Board)ofthe County ofHenderson. North Carolina, was duly held on July 17, 2024 at 9:30 a.m. in the Commissioners' Meeting Room, Henderson County Historic Courthouse, I Historic Courthouse Square, Hendersonville. North Carolina. Rebecca The following members were present: Chaifman ntlull, Yice- Choir Elny,  McCall presiding.  Comissicnr Lapsley, Commissionrtoti,  Lommissicner nonc  The following  members were absent:  Androha  Commissioner  moved that the  resolution  -l  following  (the Resolution").acopy  ofwhich was available with the Board and which was read by title:  AMENDMENT TO RESOLUTION OF THE COUNTY OF HENDERSON, NORTH CAROLINA DECLARING THE INTENT OF THE COUNTY OF HENDERSON, NORTH CAROLINA TO REIMBURSE ITSELF FOR CAPITAL EXPENDITURES INCURRED IN CONNECTION WITH THE CONSTRUCTION. AND EQUIPPING OF AN ADDITION TO THE HENDERSON COUNTY COURTHOUSE AS PART OF A HENDERSON COUNTY JUDICIAL CENTER FROM THE WHEREAS, the Board of Commissioners (the "Board") of the County of Henderson, North Carolina (the "County' ) has previously determined that iti is in the best interests of County to finance the construction and equipping of an addition to the Henderson County Courthouse as part of a Henderson WHEREAS, in furtherance of such plan to finance the Project, the Board previously adopted a resolution at its meeting held on February 7, 2022 titled "Resolution of the County of Henderson, North Carolina Declaring the Intent oft the County of Henderson, North Carolina to Reimburse Itself for Capital Expenditures Incurred in Connection with the Construction and Equipping ofa an Addition to the Henderson County Courthouse as Part of a Henderson County Judicial Center from the Proceeds of Certain Tax- WHEREAS, in the Original Resolution, the County stated, among other things. its intent to (I) finance all or a portion of the costs of the Project with proceeds of certain tax-exempt obligations (the "Obligations ) expected to be executed and delivered in an aggregate principal amount of $83,500,000; (2) incur and pay certain expenditures in connection with the Project prior to the date of execution and delivery of the Obligations (the "Original Expenditures ) from a source other than the proceeds of the Obligations; and (3) reimburse itself for Original Expenditures incurred and paid on or after the date occurring 60 days prior to the date the Original Resolution was adopted from a portion of the proceeds of the Obligations, which Obligations will be executed and delivered after the dates of such Original  PROCEEDS OF CERTAINTAK-ENENIT OBLIGATIONS.  County Judicial Center(the "Project");  Exempt Obligations" (the "Original Resolution");  Expenditures;  WHEREAS, since the date of the adoption of the Original Resolution. the estimated construction  budget for the Project has increased to approximately $120,000.000:  PPAB 11166178v2    NOW, THEREFORE, BE IT RESOLVED BY THE BOHRD OF COMAISSIONERS OF THE Section 1. Amendment to Original Resolution. Section I of the Original Resolution is amended to provide that the aggregate principal amount ofthe Obligations expected to be executed and delivered by Section 2. Ratification. Except as otherwise amended by this Resolution. the Original Resolution Section 3. Effective Date. This Resolution is effective immediately on the date ofi its adoption.  COLNTOFHENDERSON, NORIHCAROLNA. ASFOLLOWS:  County to pay for the costs of the Project is approximately $120.000.000. ish hereby ratified, approved and confirmed in all respects.  On motion of Commissioner l  seconded by Commissioner  the foregoing resolution entitled "AMENDMENT TO RESOLLTION OF THE  COUNTY OF HENDERSON, NORTH CAROLINA DECLARING THE INTENT OF THE COUNTY OF HENDERSON, NORTH CAROLINA TO REIMBURSE ITSELF FOR CAPITAL EXPENDITURES INCURRED IN CONNECTION WITH THE CONSTRUCTION AND EQUIPPING OF AN ADDITION TO THE HENDERSON COUNTY COURTHOUSE ASPART OF A HENDERSON COUNTY JUDICIAL CENTER FROM THE PROCEEDS  OF CERTAIN TAX-EXEMPT OBLIGATIONS." was duly adopted by the following vote:  AYES: 0  NAYS: 0  PPAB 11166178v2    STATE OF NORIHCAROLINA COUNTY OF HENDERSON  SS:  Denisa Lauffer, Clerk to the Board of Commissioners of the County of Henderson. North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy ofa resolution entitled "AMENDMENTTO RESOLLTIONOFTHE COUNTY OF HENDERSON,NORTIICAROLINADECLARINGI THE INTENT OF THE COUNTY OF HENDERSON, NORTH CAROLINA TO REIMBU RSE ITSELF FOR CAPITAL EXPENDITURES INCURRED IN CONNECTION WITH THE CONSTRUCTION AND EQLIPPING OF A COURTHOUSE AS A PART OF A HENDERSON COLNTY JUI DICIAL CENTER FROM THE PROCEEDS OF CERTAIN TAX-EXEMPT OBLIGATIONS" adopted by the Board of Commissioners of the County of  Henderson, North Carolina, at a meeting held on the 17th day ofJ July.2024.  WITNESS my hand and the corporate seal of the County of Henderson. North Carolina. this the  day of July, 2024 POR. (SEAL) AM ARKIN  &y  Denisa Lauffer  Clerk to the Board of Commissioners County of Henderson. North Carolina  PPAB 11166178v2    EXTRACTS FROM MINUTES OF THE BOARD OF COMMISSIONERS A regular meeting ofthe BamdarCammihwiouhe-Panfenhecaump, ofHenderson. North Carolina, was duly held on July 17, 2024 at 9:30 a.m. in the Commissioners' Meeting Room. Henderson County Historic Courthouse, L Historic Courthouse Square. Hendersonville. North Carolina. Rebecca  McCall presiding. The following members were  Chaifman  Lommissy Aadrcoha  present:  mecall, Vice-Lhair Elony,  Lapslcy, Lommissioner Hli, Ronissiger  The following members were absent: nonc  Commissioner H  moved that the following resolution (the Resolution).acopy  of which was available with the Board and which was read by title:  AMENDMENT TO RESOLUTION OF THE COLNTY OF HENDERSON, NORTH CAROLINA DECLARING THE INTENT OF THE COUNTY OF HENDERSON, NORTH CAROLINA TO REIMBURSE ITSELF FOR CAPITAL EXPENDITURES INCURRED IN CONNECTION WITH THE CONSTRUCTION AND EQUIPPING OF AN ADDITION TO AND MODIFICATIONS OF THE HENDERSON COUNTY DETENTION FACILITY ASPART OF A HENDERSON COLNTY JUDICIAL CENTER FROM THE PROCEEDS OF CERTAIN TAX-EXEMPT OBLIGATIONS. WHEREAS, the Board of Commissioners (the "Board") of the County of Henderson, North Carolina (the "County ) has previously determined that it is in the best interests ofCounty to finance the construction and equipping of an addition to and modification of the Henderson County Detention Center WHEREAS, in furtherance of such plan to finance the Project, the Board previously adopted a resolution at its meeting held on February 7, 2022 titled "Resolution of the County of Henderson, North Carolina Declaring the Intent of the County of Henderson. North Carolina to Reimburse Itself for Capital Expenditures Incurred in Connection with the Construction and Equipping of an Addition to and Modifications of the Henderson County Detention Facility as Part ofal Henderson County Judicial Center WHEREAS, in the Original Resolution, the County stated. among other things. its intent to (I) finance all or a portion of the costs of the Project with proceeds of certain tax-exempt obligations (the "Obligations' ) expected to be executed and delivered in an aggregate principal amount of $45.000.000: (2) incur and pay certain expenditures in connection with the Project prior to the date of execution and delivery of the Obligations (the "Original Expenditures'  from a source other than the proceeds of the Obligations; and (3) reimburse itself for Original Expenditures incurred and paid on or after the date occurring 60 days prior to the date the Original Resolution was adopted from a portion of the proceeds of the Obligations, which Obligations will be executed and delivered after the dates of such Original  as part ofal Henderson County Judicial Center(the "Project"):  from the Proceeds of Certain Tax-Exempt Obligations" (the "Original Resolution"):  Expenditures;  WHEREAS, since the date of the adoption of the Original Resolution. the estimated construction  budget for the Project has increased to approximately $80.000.000:  PPAB 11169333v2    NOW, THEREFORE, BE IT RESOLVED BY THE BOHRD OF COMAISSIONERS OF THE Section 1. Amendment to Original Resolution. Section I of the Original Resolution is amended to provide that the aggregate principal amount ofthe Obligations expected to be executed and deliveredb by Section 2. Ratification. Except as otherwise amended by this Resolution. the Original Resolution Section 3. Effective Date. This Resolution is effective immediately on the date ofi its adoption.  COUNTYG OF HENDERSON. NORTHCAROLIMA.1S. FOLLOWS:  County to pay for the costs of the Project is approximately $80.000.000. ish hereby ratified, approved and confirmed in all respects.  On motion of Commissioner tl  seconded by Commissioner  the foregoing resolution entitled "AMENDMENT TO RESOLLTION OF THE  COUNTY OF HENDERSON, NORTH CAROLINA DECLARING THE INTENT OF THE COLNTY OF HENDERSON, NORTH CAROLINA TO REIMBURSE ITSELF FOR CAPITAL EXPENDITURES INCURRED! IN CONNECTIONWITHTHE CONSTRUCTIONANDEQUIPPINGOE AN ADDITION TO: AND MODIFICATIONSOF THE HENDERSON COUNTY DETENTION FACILITY AS PART OF A HENDERSON COUNTY JLDICIAL CENTER FROM THE PROCEEDS OF CERTAIN TAX-EXEMPT OBLIGATIONS." was duly adopted by the  following vote: AYES:   NAYS:  PPAB 11169333v2    STATEOF! NORTHCAROLINA COUNTY OF HENDERSON  SS:  I, Denisa Lauffer, Clerk to the Board of Commissioners of the County of Henderson. North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled AMENDMENTTO RESOLUTION OF THE COuN NTY OF HENDERSON, NORTH( CAROLINADECLARINGTHE INTENT OF THE COUNTY OF HENDERSON, NORTH CAROLINA TO REIMBU RSE ITSELF FOR CAPITAL EXPENDITURES INCURRED IN CONNECTION WITH THE CONSTRLCTION AND EQLIPPING OF AN ADDITONTOANDMODMODIFICATIONSOF THE HENDERSON COUNTY DETENTION FACILITY. ASAPARTOF - HENDERSON COUNTY JUDICIAL CENTER FROM THE PROCEEDS OF CERTAIN TAX-EXEMPT OBLIGATIONS" adopted by the Board of Commissioners of the County of Henderson. North Carolina. ata 178 WITNESS my hand and the corporate seal of the County of Henderson. North Carolina. this the  meeting held on the 17th day ofJ July, 2024.  day ofJ July, 2024 PAAY (SBAL) SSAS CARKKN  LRA Denisa Lauffer  ltha  Clerk to the Board of Commissioners County of Henderson. North Carolina  PPAB 11169333v2    REQUEST FOR BOARD ACTION HENDERSON COUNTY BOARDOFCOMMISSIONERS  MEETING DATE: SUBJECT: PRESENTER: ATTACHMENTS:  July 17,2024  Budget Amendment - Public Transit Bus Purchase  Janna Bianculli, Senior Planner 1.B Budget Amendment  SUMMARY OF REQUEST:  Pending approval of the budget amendment, Henderson County plans toj purchase a replacement bus for the vehicle totaled in an accident in March 2024 to maintain the current level ofservice for Apple Country Transit and the required fleet per Federal Transit  Administration (FTA) guidelines.  This budget amendment is for the cost of the vehicle, appropriate taxes and registration fees, and associated costs that include vehicle wrapping, bike rack, fare box, etc.  BOARD ACTION REQUESTED:  The Board is requested to approve the attached budget amendment as presented. This will  replace the vehicle that was totaled in an accident in March 2024.  Suggested Motion:  Imove t0 approve the proposed budget amendment as presented.    LINE-ITEM TRANSFER REQUEST HENDERSON COUNTY  Department: PLAMNNG/PUBLCIRANSIN Please make the following line-item transfers: What expense line-item is to bei increased?  Account 335497-553000  Line-ltem Description CAPITAL OUILAY-VEHICLES  Amount $142,000  What expense line-item is to be decreased? Or what additional revenue is now expected?  Account 330000-392000  Line-Item Description FUND BAL-UNASSIGNED  Amount $142,000  Justification: Please provide al brief justification for this line-item transfer request.  Abudget amendment is needed to purchase a replacement bus after one was unexpectedly totaled.  BOC approved. July 17,2024.  Authorized by Department Head  Date  For Budget Use Only  Batch: # BA# Batch Date  Authorized by Budget Office  Date  Authorized by County Manager  Date    REQUEST FOR: BOARD ACTION HENDERSON COUNTY BOARD OF COMMISSIONERS  MEETING DATE: SUBJECT: PRESENTERS: ATTACHMENIS:  17July 2024  North Carolina Office of State Budget and Management- - ROD Grant  Lee King Register of Deeds 1-Budget Amendment  Yes  SUMMARY OFI REQUEST:  The North Carolina Office of State Management and Budget (NÇOSMB) provides grant funding to local governments in the amount of $2,000 for the management and preservation of historic records and files. Thel Board previously approved the application for this grant at the BOC meeting held on 20. July 2022. This is the second time this program has been offered by the State. The previous grant money awarded in 2022 was used to help defray the cost of restoring 5 of the County's oldest deed books from the 1830s The Register of Deeds is currently applying for a second NCOSMB grant to continue with deed book preservation. The Board is requested to approve appropriation of $2,000 from the Register of Deeds'  and 1840s.  restricted AEPF fund balance toj provide the required match: for this grant.  BOARD ACTION REQUESTED:  The Board is requested to approve the attached budget amendment to appropriate ROD restricted fund balance int the amount of $2,000 for the required NCOSMB grant match to be used for grant management  and preservation ofhistoric records and files within the Register of Deeds office.  Suggested. Motion:  Imove the Board approve the attached Budget Amendment to appropriate. fund balance for the  NCOSMB grant as outlined above.    LINE-ITEM' TRANSFER REQUEST HENDERSON COUNTY  Department:  Register of Deeds  Please make the following line-item transfers: What expense IIne-item ist to be increased?  Account 1154185390009042  Line- Item Description Contracted: Services  Amount $4,000  What expense line-item ist tot be decreased? Or what additional revenue is now expected?  Account 1149904010029042 1144184540309042  Line-ltem Description Fund Balance Appropriated- RODI Restricted NCOBM Grant Funds  Amount $2,000 $2,000  Justification:  Budget amendment to bring ing grant tunding tromt the NC Ottice of State Budget & Management tor restoration ot old deed DOOKS. This grant was previously approved by the Board ofCommissioners: at their meeting on 20. July: 2022. Required match of $2,000 will  come fromA AEPF fund balance. BOC approved 17. July 2024.  William Lee King akkla1g Authorized by Department Head Authorized byE Budget Office Authorized by County! Manager  17-Jul-2024 Date Date Date  For Budget Use Only Batch # BA# Batch Date    REQUEST FOR BOARD ACTION HENDERSON COUNTY BOARD OF COMMISSIONERS  MEETING DATE: SUBJECT: PRESENTER: ATTACHMENTS:  July 17,2024  US DOJ Asset Forfeiture Fund Expenditure  SheriffLowell S. Griffin  Yes  1. Quote for Upgrading PowerDMS PowerReady  2. Budget Amendment  SUMMARY OF REQUEST:  The Sheriff's Department is requesting that the Board approve an appropriation from the Sheriff's Office Restricted US DOJ funds (14431-451005-9066) in an amount of $15,025 to purchase PowerDMS PowerReady. This is an add-on for our existing PowerDMS program which will enhance the Field Training Officer (FTO) program. Basically, it will digitalize and  maintain records for each deputy. BOARD ACTION REQUESTED:  The Board is requested to approve an appropriation from Restricted US DOJ funds in an amount not to exceed $15,025 and the necessary budget amendment, and to authorize the Sheriff's Office  toj purchase equipment for use in maintaining the FTO program.  Suggested Motion:  Imove the Board of Commissioners approve the attached budget amendment to allow  appropriationfrom. Restricted USDOJfinds.    LINE-ITEM TRANSFER REQUEST HENDERSON COUNTY  Department:  Sheriff  Please make thej following line-item transfers: What expense line-item is to bei increased?  Account 115980-526201-9066  Line-Item Description Non Capital Technology  Amount $15,025  $15,025 Amount $15,025  What expense line-item is to be decreased? Orwhat additional revenue is now expected?  Account 114431-451005-9066  Line-Item Description USDOJ Funds  $15,025  Justification: Please provide a brief justification for this line-item transfer request.  For an add-oni to our PowerDMS program. To add PowerReady to enhance the FTO program. The purchase oft this equipment was approved via consent agenda at the BOC meeting on 7/17/24 for purchase in FY24-25.  Alin    HENDERSON COUNTY BOARD OF COMMISSIONERS  IH Historic Courthouse Square. Suite #1 Hendersonville. NC 28792 Phone (828) 697-4808 . Fax (828)692-9855 wenderoncoumynege"  REBECCA MCCALL Chairman J.MICHAELI EDNEY Vice-Chairman  WILLIAMLAPSLEY DANIEL ANDREOTTA DAVIDHILL  RESOLUTION BYT THE COUNTY OF HENDESON  AUTHORIZING EXECUTION OF KROGER OPIOID SETTLEMENT AND APPROVING THE SECOND SUPPLEMENTAL AGREEMENT FOR ADDITIONAL  FUNDS  WHEREAS, the opioid overdose epidemic has taken the lives of more than 37,000 North WHEREAS, the COVID-19 pandemic has compounded the opioid overdose crisis, WHEREAS, the Centers for Disease Control and Prevention estimates the total economic burden of prescription opioid misuse alone in the United States is $78.5 billion a year. including the costs ofhealthcare, lost productivity, addiction treatment, and criminal justice  Carolinians since 2000; and  increasing levels of drug misuse, addiction, and overdose death; and  involvement; and  WHEREAS, Henderson County and its residents have suffered from and opioid epidemic to the extent that in 2021, Henderson County' s overdose death rate was 39 out of 100,000 people, and Henderson County's overdose death illicit drug involvement rate was 71 out  ofl 100 overdose deaths; and,  WHEREAS, certain counties and municipalities in North Carolina joined with thousands oflocal governments across the country to file lawsuits against opioid manufacturers. pharmaceutical distribution companies, and chain drug stores to hold those companies accountable  for their misconduct; and  WHEREAS, a settlement has been reached in litigation against the Kroger Co. ("Kroger"): as well as its subsidiaries, affiliates, officers. and directors named in the Kroger  Settlement; and  WHEREAS, representatives ofl local North Carolina governments. the North Carolina Association ofCounty Commissioners, and the North Carolina Department of. Justice have negotiated and prepared a Second Supplemental Agreement for Additional Funds (SAAF-2)to provide for the equitable distribution of the proceeds oft these settlements: and  WHEREAS, by. joining the settlements and approving the SAAF-2. the state and local governments maximize North Carolina' s share of opioid settlement funds to ensure the needed resources reach communities, as quickly,effectively. and directly as possible: and  WHEREAS, it is advantageous to all North Carolinians for local governments. including Henderson County and its residents, to sign onto the settlements and SAAF-2. and demonstrate    solidarity in response to the opioid overdose crisis. and to maximize the share ofopioid settlement funds received both in thes state and this county to help abate the harm: and WHEREAS, the SAAF-2 directs substantial resources over multiple years to local governments on the front lines oft the opioid overdose epidemic while ensuring that these  resources are used in an effective way to address the crisis;  NOW, THEREFORE BE IT RESOLVED, that the Board of Commissioners of Henderson County hereby authorizes the County Manager to execute all documents necessary to enter into opioid settlement agreements with Kroger. to execute the SAAF-2. and to provide such  documents to Rubris, the Implementation Administrator.  A Adoptèd this the 17th day ofJuly 2024. MEOAAT :  -  La 7MhM REBECCA MCCALL,CHAIRMAN  HENDERSONCOUNTY BOARDOF COMMISSIONERS  AITEST:' SRahn  b  DENISAT LAUFFER; CLERK TE BOARD    REQUEST FOR BOARD ACTION HENDERSON COUNTY BOARD OF COMMISSIONERS  MEETING DATE: July 17,2024  SUBJECT: PRESENTER:  NC State Budget Soil and Water Appropriation - Project Listing  John Mitchell, County Manager Samantha Reynolds, Financial Services Director  ATTACHMENTS: Yes  1. Letter from Senator Moffit 2. Projects Listing  SUMMARY OF REQUEST:  In the State ofNorth Carolina's 2023 Appropriations Act, Henderson County has received funding directed to Henderson County Soil and Water for stream restoration and flood resiliency projects. Additional information has been provided by Senator Tim Moffitt in the attached "The projects tied to this appropriation are attached to this letter and listed in order ofpriority. As noted on the document, contracis with landowners have not been obtained) for the stream restoration projects. That will be reflected in the Short Session budget language and any monies not committed. by the end ofihe biennium will be directed to Henderson County) for The Board is requested to direct stafft to incorporate these projects into the scope of work for the  projects listing. Included in the listing:  farlmdpreseration." stream restoration projects.  BOARD ACTION REQUESTED: stream restoration projects.  The Board is requested to direct staff to incorporate these projects into the scope of work for the    TIMOTHY D. MOFFITT NORTH CAROLINA SENATE DISTRICT 48 HENDERSON, POLK, AND RUTHERFORD COUNTIES  LEGISLATIVE OFFICE 2211 LEGISLATIVE BUILDING 16.WESTJ JONES STREET RALEIGH, NC27601-1096 (919)733-5745 May 30, 2024 Ms. Rebecca McCall Chair, Henderson County Commission 1Historic Courthouse Sq., Suite1 Hendersonville, NC 28792 Re: Soil and Water Appropriation Madam Chair,  COMMITTEES APPROPRIATIONS COMMERCE & INSURANCE PENSIONS, RETIREMENT, AND AGING STATE AND LOCAL GOVERNMENT TRANSPORTATION  Members oft the NC General Assembly inl both the House and Senate are: reviewing the 2023 Appropriations Act, https//www.nclegsOy/HILOOKUp/2023/h259, in an effort toj provide greater detail and appropriate guidance In the Act, a block appropriation for $14,000,000.00 was directed tol Henderson County Soil and Waters specifically for stream restoration and flood resiliency. This language can be found at the top of page 410, E43(oftheJoint Conference Committee Report, more commonly known as the money report: t/hthnicsndessw, Inr reviewing these appropriations on as statewide basis, legislative staff recommended that additional information is needed to clarify thei intent oft the General. Assembly to assist our local partners in their decision making. The following, Ibelieve, is the only guidance needed for Henderson County at this time. Ifadditional clarifications are For reference: Conference Report on the Base, Capital and Expansion budget, page 4100 of thee entire document, page  regarding certain block appropriations.  ViewlillDocument/2023/731/259-BD-NEC.11460).  needed, please let me know.  43 of Section E on Justice and Public Safety reads: Henderson County $14.000.000NR Fund Code:2E50.  Budgetsreceipts from the SERDRE/orairecte. grant to Henderson Countyfors stream restoration and flood Thej projects tied to this appropriation are attached to this letter and listed in order of priority. As noted on the document, contracts withl landowners have not been obtained for the stream restoration projects. That willl be reflected int the Short Session budget language and any monies not committed byt the end of thel biennium will be Ihope thisinformation! is helpful. Pleasel let me know if you have any questions or need any additional information.  resltencyprgects. (SERDRF: State Emergency Response andi Disaster Relief Fund).  directed to Henderson County for farmland preservation.  D. Moffitt Timothy Senator, District4 48  Ch  Henderson, Polk and Rutherford Counties    Stream Length (ft) N/A N/A  Project  Project Estimate Comments  Lake Hosea Dam Camp Tekoa Dam Subtotal Mud Creek Stream Gage Subtotal Cane Creek Restoration Bat Fork- Blue Ridge Community College Phase II Bat Fork Jackson Park Bat Fork- Thomas Property Restoration Wolfpen Creek (Staton Property) Subtotal Mouth of Mud Creek Phase II Hickory Hill Swamp Freer Property Ceron Brothers Farms Muddy Bottom Hunt Club James Property Subtotal (Farmer)  $3,500,000.00 $300,000 already spent on the design of $4,200,000.00 Include storm water needs.  this project.  $7,700,000.00 $30,000.00 $30,000.00 $650,000.00 $450,000.00 $800,000.00 $550,000.00 $400,000.00 $2,850,000.00 $200,000.00 9200,000.00 $850,000.00 $400,000.00 $400,000.00 $200,000.00 $2,250,000.00  Henderson County EMS for emergency Has an existing NCLWF Grant fora portion of this project. Funds are needed Has initial grant of $110,000 match to  preparedness. to complete. start design.  5,500 2,000 8,000 2,000 500 18,000 2,500 1,000 2,500 3,000 4,000 3,000 16,000 1,000 5,000 3,000 9,000 43,000  Stream Restoration projects with floodplain evecopmenvexpanson.  Stream restoration projects with floodplain deyelopmenlexpansion AND wetland and habitat development. All projects on the French Broad River.  Mills River @ Kingfisher Lane Additional County Park Needs McDowell Creek (NCSU Research  $300,000.00 Along paddle trail on the Mills River.  $600,000.00  Etowah 2,000 ft of Gash Creek, Town of Fletcher 3,000 ft of Cane Creek  $1,500,000.00 Phase 1 $2,400,000.00 $15,230,000.00  Farm) Subtotal Totals  $14,000,000 Budget  Note: Contracts with landowners have not been obtained for the stream restoration projects. Some projects may not be pursued sO additional projects have been identified to ensure all funding is utilized. Costs have been estimated based  on initial project review.    Resolution Setting the Bond Amounts for the Tax Collector. and Deputy Tax Collector WHEREAS, N.C.G.S. 105-352 requires that before the tax receipts are delivered to the Tax Collector for collection, the Board of Commissioners must approve a bond amount for the Tax WHEREAS, the Board of Commissioners is desirous of complying with N.C.G.S. 105-352;  Collector and Deputy Tax Collector; and  NOW THEREFORE IT BE RESOLVED AS FOLLOWS:  1. The Bond amount for the Tax Collector shall be set at $1,000,000 through August of 2. The bond amount for the Deputy Tax Collector shall be set at $250,000 to run through  2025.  August of 2025. THIS the 17th day of July, 2024.  THE HENDERSON COUNTY BOARD OF COMMISSIONERS   PY cdahtyfeal) /  dece 719Geb Rebecca McCall, Chairman  Attest:  MLINA  6  Denisa Lauffer, Clerbihe Bpard    Resolution Adopting the Order of Collection for the 2024-2025 Tax Year WHEREAS, N.C.G.S. 105-352 requires that before the tax receipts for the 2024-2025 Tax Year may be delivered to the Tax Collector for collection the following must occur: (1) the Tax Collector must deliver any duplicate bills printed for prepayments received by the Tax Collector to the Finance Director and demonstrate to the Finance Director's satisfaction that all prepayments received have been deposited; (2) the Tax Collector must make settlement with the Board ofCommissioners for all taxes placed in his hands for collection for the 2023-2024 tax year; and (3) the Board of Commissioners must approve the bonds proposed for the Tax Collector (and the Deputy Tax Collector) for collection ofall taxes charged for the 2024-2025  Tax Year and all delinquent taxes  WHEREAS, prepayments were received for 2024 taxes; and  WHEREAS, the Board of Commissioners has approved the settlement for the taxes charged to the Tax Collector for collection for the 2023-2024 tax year, including the delinquent  taxes; and  WHEREAS, The Board of Commissioners has approved the bonds proposed for the Tax NOW THEREFORE BE IT RESOLVED that the order of collection attached hereto is  Collector and the Deputy Tax Collector;  hereby adopted.  THIS the 17th day ofJuly, 2024.  THE HENDERSON COUNTY BOARD OF COMMISSIONERS    TIEL  Rebecca McCall, Chairman  €i  A  Attest: S G Seay. Sasbs Denisa Lauffer; Clekiothejoard    STATE OF NORTH CAROLINA COUNTY OF HENDERSON  ORDER OF COLLECTION  TO THE TAX COLLECTOR OF HENDERSON COUNTY:  You, Harry Rising, are hereby authorized, empowered, and commanded to collect the taxes, including current, insolvent and delinquent, set forth in the tax records filed in the Office oft the Assessor for Henderson County and in the tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be ai first lien upon all real property oft the respective taxpayers in the County of Henderson, and this order shall be a full and sufficient authority to direct, require, and enable you to levy on and sell any real or personal property ofsuch  taxpayers, for and on account thereof, in accordance with law.  WHEREAS, the County ofHenderson includes the following unincorporated districts: Blue Ridge Fire District, Valley Hill Fire District, Edneyville Fire District, Etowah-Horseshoe Fire District, Fletcher Fire District, Green River Fire District, Mountain Home Fire District, Mills River Fire District, Dana Fire District, Gerton Fire District, Raven Rock Fire District, and Bat Cave Fire District. You are hereby ordered to collect on their behalfi in accordance with paragraph one oft this Order of Collection. WHEREAS, an Interlocal Agreement for Tax Collection was made effective July 154,2015 between the County of Henderson and City of Saluda, you are hereby authorized and empowered to collect on their behalfi in accordance with paragraph one ofthis Order ofCollection: and the adopted  Interlocal Agreement.  WHEREAS, an Interlocal Agreement for Tax Collection was made effective. July 1s, 2024 between the County of Henderson and City of Hendersonville, you are hereby authorized and empowered toc collect on their behalfi in accordance with paragraph one of this Order of Collection and the adopted  Interlocal Agreement.  WHEREAS, the City of Hendersonville contains two special districts: Downtown-Main Street and Seventh Avenue, you are hereby authorized and empoweredi to collect on their behalf in accordance with paragraph one oft this Order of Collection and the adopted Interlocal Agreement.  WHEREAS, an Interlocal Agreement for Tax Collection was made effective July 1$,2024 between the County of Henderson and' Town ofL Laurel Park, you are hereby authorized and empowered to collect on their behalfin accordance with paragraph one oft this Order of Collection and the adopted  Interlocal Agreement.  WITNESS my hand and official seal, this 17th day of. July, 2024.  HENDERSON COUNTY BOARD OF COMMISSIONERS  03PORA  By  heuca MMCLD  Rebecca McCall, Chairman  ATTEST: YORPICIALSEAL)  -  A  Denisa Lauffer, Gèrk'the Board    ASSET PURCHASE AGREEMENT  THIS ASSET PURCHASE AGREEMENT (the "Agreement") made and entered into this 1744day of July, 2024 (the "Execution Date"), between Etowah Sewer Company, Inc., a North Carolina corporation (the "Seller"), and the County ofHenderson, a body  corporate and politic oft the State ofNorth Carolina (the Purchaser").  BACKGROUND  A. The Seller is a North Carolina corporation which carries on the business of Utility Company (sanitary sewer) in the Etowah community ofHenderson County, North  Carolina.  B. The Seller owns and desires to sell certain assets ofi its business defined herein (the "Assets") to the Purchaser, subject to any exclusions set out in this Agreement and the  Purchaser desires to buy the Assets, all on the terms contained herein.  INC CONSIDERATION of the provisions contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which consideration is  acknowledged, the Parties agree as follows:  1. a.  Definitions: The following definitions apply in this Agreement: The "Assets" to be included in this Agreement include all assets oft the Seller.  The Assets consist of the following:  i. Seller; ii.  all real estate and equipment used in carrying on the business of the  all inventory and packaging;  iii. all books, records and files, relevant to carrying on the Seller; and iv. any and all rights (including collection and discharge permits) required for lawful operation ofas sanitary sewer system, easements, records,  equipment, and customer accounts.  V.  accounts payable to the Seller from the operation ofi its sanitary sewer system, but noti including any accounts payable to the Seller owed, received or  contemplated on account ofany Excluded Assets.  and do not include any Excluded Assets. All assets are to be conveyed free and clear  from all liens, encumbrances: or other indebtedness.  00283836  Page 1 of1IF Pages    b.  "Closing" means the completion oft the purchase and sale of the Assets as described in this Agreement by the payment of agreed consideration, and the transfer  oftitle to the. Assets.  C.  Environmental Law" means any and all statutes, regulations, common laws  or any other directives having force oflaw pertaining to protection ofthe environment including but not limited to all laws affecting the production, manufacture, storage, transport and disposal of Hazardous Materials.  d.  Hazardous Material" means any material or substance ofany description that could reasonably be expected to cause harm or damage to the health of man or  any other living organism.  e. ofthem. f. parcels.  "Parties" means both the Seller and the Purchaser and "Party" means any one "Excluded Assets" means Seller's cash, including funds in Seller's bank accounts, and any contractual rights (and duties) for development ofany parcel or 2. Sale: Subject to the terms and conditions oft this Agreement, and in reliance on the representations, warranties, and conditions set out in this Agreement, the Seller agrees to sell the Assets to the Purchaser and the Purchaser agrees to purchase the Assets  from the Seller. 3. 4. 5.  Purchase Price: The Purchase Price for the Assets shall be $400,000.00. Closing: The Closing oft the purchase and sale ofthe Assets will take place At Closing and upon the Purchaser paying the Purchase Price in full to the  on August 15, 2024 ("Closing Date"), at the offices oft the Purchaser.  Seller, the Seller will deliver the Assets to the Purchaser. The Seller will deliver to the Purchaser possession of the Assets, in the same condition as on the Execution Date, and free and clear of any liens, charges, rights oft third parties, or any other encumbrances,  except those attached as a result of the Purchaser's actions.  6.  AtC Closing and upon the Purchaser paying the Purchase Price in full to the  Seller, the Seller will provide the Purchaser with duly executed forms and documents evidencing transfer ofthe Assets, where required including, but not limited to, bills ofsale, assignments, assurances, and consents. The Seller will also co-operate with the Purchaser as needed in order to effect the required registration, recording, and filing with public authorities oft the transfer of ownership of the Assets to the Purchaser.  7.  Payment: The Purchase Price for the Assets will be paid by the Purchaser in  one lump sum payment to the Seller in the form of a certified check, a teller's check or an  00283836  Page 2 of11E Pages    electronic money or funds transfer. In the case of an electronic money or funds transfer, the Seller will give notice to the Purchaser oft the bank account particulars at least 5 business  days prior to the Closing Date.  8.  The Purchaser is responsible for paying all applicable taxes, including federal  sales tax, state sales tax, duties, and any other taxes or charges payable pursuant to the  transfer ofthe Assets from the Seller to the Purchaser.  9. to the Purchaser that:  Seller's Representations and Warranties: The Seller represents and warrants  a. b.  the Seller has full legal authority to enter into and exercise its the Seller is a corporation duly incorporated or continued, validly  obligations under this Agreement;  existing, and in good standing and has all requisite authority to carry on business as  currently conducted; C.  the corporate Seller, Etowah Sewer Company, Inc. has all necessary  corporate power, authority and capacity to enter into this Agreement and to carry out its obligations. The execution and delivery ofthis Agreement, and this transaction has been duly authorized by all necessary corporate action on the part of  the Seller; d.  the Seller is the absolute beneficial owner of the Assets, with good and  marketable title, free and clear ofa any liens, charges, encumbrances or rights of others. The Seller is exclusively entitled to possess and dispose of the Assets; anticipated claim against the Assets or against the Seller's ownership or title in the  e.  to the best knowledge of the officers oft the Seller there is no pending or  Assets or against the Seller's right to dispose oft the Assets;  f. g.  no third-party contract is outstanding that could result in a claim the Seller does not have any outstanding contracts, agreements, or  against or affecting the Assets in whole or in part either now or in the future;  commitments ofany kind, written or oral, with any third party regarding the Assets, except for any material contracts described in, and/or attached to this Agreement. The Seller represents and warrants that no material default or breach exists with  regard to any presently outstanding material contract;  h.  execution oft this Agreement will not hinder or unfairly disadvantage  any pre-existing creditor;  00283836  Page 3 ofll Pages    1.  except as otherwise provided in this Agreement, there has been no act  or omission by the Seller that would give rise to any valid claim relating toa brokerage commission, finder's fee or other similar payment;  j. k. 1.  the Seller is a resident oft the United States for the purposes of the the Seller has withheld all amounts required to be withheld under the Seller is not bound by any written or oral pension plan or collective  Internal Revenue Code;  income tax legislation and has paid all amounts owing to the proper authorities; bargaining agreement or obligated to make any contributions under any retirement  income plan, deferred profit-sharing plan or similar plan;  m. the Seller will not dismiss any current employees or hire any new employees, or substantially change the role or title ofany existing employees, provide unscheduled or irregular increases in salary or benefits to employees, or institute any significant changes to the terms ofany employee's employment, after signing this Agreement, unless the Purchaser provides written consent;  n. 0.  the Seller will cooperate with the Purchaser to assist in the existing there are: no claims threatened or pending against the Seller by any  operations contract for the sanitary sewer facilities;  current or past employee relating to any matter arising from or relating to the  employment oft the employee;  p.  the Assets, while owned by the Seller, have been maintained at all  times in accordance with standard industry practice. The Seller further warrants that  all tangible assets are in good working order;  q.  the Seller is operating in accordance with all applicable laws, rules,  and regulations ofthe jurisdictions in which it is carried on. In compliance with such laws, the Seller has duly licensed, registered, or qualified the Seller with the  appropriate authorities and agencies;  r.  the Seller has not produced, manufactured, stored, transported or  disposed of any Hazardous Materials ofany kind and to the best knowledge oft the Seller, no discharge, leakage or release ofHazardous Materials, whether accidental or otherwise, has occurred for which the Purchaser could ultimately become liable. There are: no ongoing, pending, threatened or anticipated civil or criminal actions, enquiries or investigations with regard to the breach of any applicable Environmental  Laws;  S.  the Seller maintains insurance policies on the Assets and such policies  are in full force and effect and ofan adequate value as would be reasonable in its  00283836  Page 4 of11 Pages    industry. The Seller has neither defaulted under these insurance policies, whether as a result of failure to pay premiums or due to any other cause, nor has the Seller failed to give notice or make a claim under these insurance policies in a timely manner; Seller does not infringe on the patents, trademarks, trade names, or copyrights, whether domestic or foreign, ofany other person, firm or corporation;  t.  to the best knowledge ofthe officers oft the Seller, the conduct of the  u.  the Seller owns or is licensed to use all necessary software and it can  continue to use any and all computerized records, files and programs after the Closing Date in the same manner as before the Closing Date;  V.  the Seller has filed all tax: reports and returns required in the operation  ofits business and has paid all taxes owed to all taxing authorities, including foreign taxing authorities, except amounts that are being properly contested by the Seller, the  details oft this contest having been provided to the Purchaser;  W. this Agreement has been duly executed and delivered by the Seller and constitutes a legal and binding obligation oft the Seller, enforceable in accordance with its terms, except as enforcement may be limited by bankruptcy and insolvency, by other laws affecting the rights of creditors generally, and by equitable remedies  granted by a court of competent jurisdiction; and  X. y. warranty deed.  the Seller's sanitary sewer system is in compliance with all provisions the conveyance ofall real property hereunder will be by general  ofall North Carolina issued permits for the system's operation.  10. The representations and warranties given in this Agreement are the only representations and warranties. No other representation or warranty, either expressed or implied, has been given by the Seller to the Purchaser, including, without limitation, any representations or warranties regarding the merchantability oft the Assets or their fitness for  aj particular purpose.  11. The Seller warrants to the) Purchaser that each of the representations and warranties made by it is accurate and not misleading at the Closing Date. The Seller acknowledges that the Purchaser is entering into this Agreement in reliance on each  representation and warranty. this Agreement.  12. The Seller's representations and warranties will survive the Closing Date of 13. Where the Purchaser has a claim against the Seller relating to one or more representations or warranties made by the Seller, the Seller will have no liability to the  00283836  Page 5 of1l Pages    Purchaser unless the Purchaser provides notice in writing to the Seller containing full details  of the claim on or before the third anniversary oft the Closing Date.  14. Where the Purchaser has a claim against the Seller relating to one or more representations or warranties made by the Seller, and the Purchaser is entitied to recover damages from a third party then the amount of the claim against the Seller will be reduced by the recovered or recoverable amount less all reasonable costs incurred by the Purchaser  in recovering the amount from the third party. warrants to the Seller the following:  15. Purchaser's Representations and Warranties: The Purchaser represents and  a. b.  the Purchaser has full legal authority to enter into and exercise its the corporate Purchaser has all necessary corporate power, authority  obligations under this Agreement;  and capacity to enter into this Agreement and to carry out its obligations under this Agreement. The execution and delivery oft this Agreement, and this transaction has been duly authorized by all necessary corporate action on the part of the corporate  Purchaser; C.  the Purchaser has funds available to pay the full Purchase Price and  any expenses accumulated by the Purchaser in connection with this Agreement and the Purchaser has not incurred any obligation, commitment, restriction, or liability of any kind, absolute or contingent, present or future, which would adversely affect its  ability to perform its obligations under this Agreement;  d. similar payment; f.  the Purchaser has not committed any act or omission that would give  rise to any valid claim relating to a brokerage commission, finder's fee, or other  this Agreement has been duly executed by the Purchaser and  constitutes a legal and binding obligation of the Purchaser, enforceable in accordance with its terms, except as enforcement may be limited by bankruptcy and insolvency, by other laws affecting the rights of creditors generally, and by equitable remedies  granted by a court of competentj jurisdiction; and  g.  the Purchaser has no knowledge that any representation or warranty  given by the Seller in this Agreement is inaccurate or false.  16. The representations and warranties given in this Agreement are the only representations and warranties. The Purchaser has given no other representation or  warranty, either expressed or implied, to the Seller.  17. The Purchaser warrants to the Seller that each oft the representations and warranties made by it is accurate and not misleading at the date of Closing. The Purchaser  00283836  Page 6of11 Pages    acknowledges that the Seller is entering into this Agreement in reliance on each  representation and warranty. ofthis Agreement.  18. The Purchaser's representations and warranties will survive the Closing Date 19. Where the Seller has a claim against the Purchaser relating to one or more representations and warranties made by the Purchaser, the Purchaser will have no liability to the Seller unless the Seller provides notice in writing to the Purchaser containing full details ofthe claim on or before the third anniversary oft the Closing Date.  20. Where the Seller has a claim against the Purchaser relating to one or more representations or warranties made by the Purchaser, and the Seller is entitled to recover damages from a third party then the amount of the claim against the Purchaser will be reduced by the recovered or recoverable amount less all reasonable costs incurred by the  Seller in recovering the amount from the third party.  21. Conditions Precedent to be performed by Seller: The obligation oft the Purchaser to complete the purchase oft the. Assets under this Agreement is subject to the satisfaction of the following conditions precedent by the Seller, on or before the Closing Date, each ofwhich is acknowledged to be for the exclusive benefit of the Purchaser and  may be waived by the Purchaser entirely or in part:  a. b.  all oft the representations and warranties made by the Seller in this the Seller will obtain and complete any and all forms, documents,  Agreement will be true and accurate in all material respects on the Closing Date;  consents, approvals, registrations, declarations, orders, and authorizations from any person or governmental or public body that are required of the Seller for the proper execution of this Agreement and transfer of the Assets to the Purchaser;  C. the Closing Date; d.  no substantial damage to or alteration of the Assets that would  adversely affect their value will occur between the date this Agreement is signed and  the Seller will have obtained any necessary consents for assigning any  leases to the Purchaser as well as providing estoppel certificates from such owners or landlords showing that there are no arrears of rent, no breaches under such. leases and the amount oft the security deposits held by such third parties;  e. the Purchaser; f.  the Seller will execute and deliver bills ofs sale for the Assets in favor of the Seller will provide the Purchaser with complete information  concerning the operation oft the Seller, in order to put the Purchaser in a position to  carry on in the place oft the Seller; and  00283836  Page 7of11 Pages    g.  the parties will have obtained permission for conveyance of all North  Carolina issued permits for operation of a sanitary sewer system from the Seller to the County ofHenderson, or for the granting of new permits for the ownership and operation of the sanitary sewer system, the assets of which are conveyed hereunder, 22. Conditions Precedent not satisfied: Ifeither Party fails to satisfy any ofits conditions precedent as set out in this Agreement on or before the Closing Date and that condition precedent was not waived, then this Agreement will be null and void and there  by the County ofHenderson.  will be no further liability as between the Parties.  23. Disclosure: Upon the reasonable request of the Purchaser, the Seller will, from time to time, allow the Purchaser and its agents, advisors, accountants, employees, or other representatives to have reasonable access to the premises oft the Seller and to all oft the books, records, documents, and accounts of the Seller, during normal business hours, between the date oft this Agreement and the Closing Date, in order for the Purchaser to confirm the representations and warranties given by the Seller in this Agreement.  24. Employees: Other than the operator contract, the Purchaser will not be offering employment to any existing officer or employee oft the Seller (the Employees"). All individuals who are officers or employees oft the Seller up to and including the Closing Date will remain the full responsibility of the Seller. Any individual hired by the Seller after the  Closing Date will be the sole responsibility oft the Seller.  25. The Seller will deliver to the Purchaser prior to the Closing Date, resignations ofall Employees of the Seller, each such resignation will be effective on the Closing Date. The Seller will pay all Employee compensation incurred by it up to and including the Closing Date including all salaries, benefits, bonuses including share bonuses and share options and any other compensation owing to thel Employees up to and including the Closing Date. The Seller will be responsible for all severance benefits, vacation days, sick days, personal days and other compensated time off accrued by all Employees up to and  including the Closing Date.  26. The Seller is in compliance with all applicable foreign and domestic statutory rules and regulations respecting employment and employment practices and has withheld and reported all amounts required by law with respect to wages and salaries and the Seller is not liable for any accrued taxes or penalties and is not liable or in arrears to any government pension, social security or unemployment insurance authority. The Seller indemnifies the Purchaser for any future liabilities relating to employment and employment practices where  the subject of the liability occurred prior to or on the Closing Date.  27. Non-Assumption ofLiabilities: Itis understood and agreed between the Parties that the Purchaser is not assuming and will not be liable for any oft the liabilities, debts or obligations of the Seller arising out oft the ownership or operation oft the Seller prior to and including the Closing Date. Notwithstanding any other provision in this Agreement,  00283836  Page 8 of11 Pages    itis expressly understood and agreed that there is no conveyance by the Seller or assumption by the Purchaser ofany rights, duties or obligations oft the Seller arising from any agreement the Seller may have with any current or future owners or developers of property now or formerly used as the Etowah Valley Golf & Resort.  28. The Seller will indemnify and save harmless the Purchaser, its officers, directors, employees, agents, and shareholders from and against all costs, expenses, losses, claims, and liabilities, including reasonable legal fees and disbursements, or demands for income, sales, excise or other taxes, suffered or incurred by the Purchaser or any ofthe above mentioned persons arising out oft the ownership or operation ofthe Seller prior to and  including the Closing Date.  29. Transfer ofThird-Party Contracts: This Agreement is not to be construed as an assignment of any third party contract from the Seller to the Purchaser ift the assignment would be a breach oft that third party contract. Further, no third party contract of the Seller will be assumed by the Purchaser except in a separate written document executed by the  Purchaser.  30. The Purchaser will be solely responsible for acquiring new contracts with third parties where the existing contracts are not legally assignable from the Seller to the  Purchaser.  31. Notwithstanding any other provision in this Agreement to the contrary, the Seller will not be liable for any losses, costs or damages ofany kind including loss of revenue or decrease in value oft the Seller resulting from the failure oft the Purchaser to  acquire any third party contracts.  32. Notices: Any notices or deliveries required in the performance oft this Agreement will be deemed completed when hand-delivered, delivered by agent, or 7 days after being placed in the post, postage prepaid, to the Parties at the addresses contained in  this Agreement or as the Parties may later designate in writing.  33. The Parties agree to pay all their own costs and expenses in connection with 34. The Parties acknowledge that this Agreement is reasonable, valid, and enforceable; however, ifa any part of this Agreement is held by a court of competent jurisdiction to be invalid, it is the intent ofthe. Parties that such provision be reduced in scope only to the extent deemed necessary to render the provision reasonable and enforceable and the remainder oft the provisions oft this Agreement will in no way be affected  this Agreement.  or invalidated as a result.  35. Where any provision in this Agreement is found to be unenforceable, the Purchaser and the Seller will then make reasonable efforts to replace the invalid or unenforceable provision with a valid and enforceable substitute provision, the effect of  00283836  Page 9 of11 Pages    which is as close as possible to the intended effect of the original invalid or unenforceable  provision.  36. This Agreement will be governed by and construed in accordance with the 37. The courts oft the State ofl North Carolina will have jurisdiction to settle any 38. This Agreement contains all terms and conditions agreed to by the Parties. Statements or representations which may have been made by any Party to this Agreement in the negotiation stages oft this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be ofno value to either Party. Only  laws of the State ofNorth Carolina.  dispute arising out of or in connection with this Agreement.  the written terms oft this Agreement will bind the Parties.  39. This Agreement may only be amended or modified by a written instrument 40. A waiver by one. Party of any right or benefit provided in this Agreement does not infer or permit a further waiver ofthat right or benefit, nor does iti infer or permit a  executed by all of the Parties.  waiver ofany other right or benefit provided in this Agreement.  41. This Agreement will not be assigned either in whole or in part by any Party 42. This Agreement will pass to the benefit of and be binding upon the Parties' respective heirs, executors, administrators, successors, and permitted assigns. 43. The clauses, paragraphs, and subparagraphs contained in this Agreement are intended to be read and construed independently of each other. Ifany part ofthis Agreement is held to be invalid, this invalidity will not affect the operation ofany other part  without the written consent oft the other Party.  of this Agreement.  44. All oft the rights, remedies and benefits provided in this Agreement will be cumulative and will not be exclusive ofany other such rights, remedies and benefits allowed  by law or equity.  45. Time is of the essence in this Agreement.  46. This Agreement may be executed in two (2) counterparts.  47. "Due Diligence": The Purchaser shall have the right to review and all any contracts oft the Seller, and further investigate the same, and further to examine (during reasonable times) the Assets. During the period specified in this paragraph, the Purchaser shall have the right to terminate this Agreement for any reason or no: reason. The time by which the Purchaser must exercise this right to terminate is 5:00 p.m. on June 4, 2024.  00283836  Page 10of11 Pages    Purchaser and Seller each expressly waive any right that they may have to deny the right to conduct this Due Diligence provisions or to assert any defense as to the enforceability oft this Contract based on the absence or alleged insufficiency ofany Due Diligence fee, it being the intent oft the parties to create a legally binding contract for the purchase and sale ofthe  Assets.  48. Condition Precedent to Purchaser's Obligation: It shall be an express condition precedent that the Purchaser's Board of Commissioners ratify this Agreement on  an open meeting at the Board's meeting on July 17, 2024.  IN WITNESS WHEREOF the Parties have executed the same under seal, the date  and year stated above.  ETOWAH SEWER COMPANY,INC.  By: Fhe   Attest:  Eue a. Corporate Secretary  daughts  [Corporate Seal]  COUNTY OF HENDERSON  By:  Chair, Henderson  Board of Commissioners  ALnau  County  GUV3  Attest:  s [County Seal)  Clerk to the Board ofcom pbS  oners  00283836  Page 11 of11 Pages