MINUTES  STATE OF NORTH CAROLINA COUNTY OF HENDERSON  BOARD OF COMMISSIONERS MONDAY, AUGUST: 5,2024  The Henderson County Board of Commissioners met for a regularly scheduled meeting at 5:30 p.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 Also present were County Engineer Marcus Jones, Public Health Director David Jenkins, Chief Communications Officer Mike Morgan, Public Information Officer Kathryn Finotti, A/V Technician Oscar Guerrero, Finance Director Randy Cox, Soil and Water Conservation District Drector/Conservationist Director Jonathan Wallin, Betsy Gerwig, Planner Liz Hanson, Planning Director Autumn Radcliff, DSS Director Lorie Horne, Parks and Recreation Director Bruce Gilliam, Park Maintenance Supervisor Jason Kilgore, Human Resources Director Karen Ensley, and SheriffLowell Griffin. Deputies Tracy Davis and Dakota Tittle provided security. Chairman McCall called the meeting to order and welcomed all in attendance.  Hendersonville.  Denisa Lauffer.  CALLTOORDERDER/WELCOME  INVOCATION  Pastor David Dickerson with Mountain Valley Baptist Church provided the invocation. With Leaders in Training, Agnes Willis led the Pledge of Allegiance to the American Flag.  PLEDGE OF ALLEGIANCE INFORMAL PUBLIC COMMENT  1. Agnes Willis, the Youth Voice Representative for the upcoming NCACC Commissioners Conference, spoke regarding the positive impacts of participating in local 4-H programs. 2. Dennis Justice opposed the proposed sports complex at Berkeley or Jackson Parks and 3. Ken Fitch spoke about the importance of preserving Berkely Park due to the property's 4. Kirk Hall urged the Board to revoke the Special Use Permit issued for a Men's Drug Rehabilitation Facility in Saluda that had been classified as an Assisted Living Facility.  expressed the need for recreational facilities in the Town of Fletcher.  history.  DISCUSSION/ADJUSTMENT OF AGENDA that it would be presented at an upcoming meeting.  Chairman McCall pulled Discussion Item B-Asheville Regional Airport Update and explained  Chairman McCall added NCACC Legislative Goals as Discussion Item B.  Approved: September 3, 2024    August 5, 2024  2  Commissioner Andreotta stated the following: "Madam Chair, for the record, and sO the public, media, or whoever else will not be confused. I spoke out against what is Item S on the agenda before. Iam noti in favor ofthat. I'm still not, but it has more than enough votes to pass, solv won't weigh us down with al heavy agenda tonight to make that a discussion topic. But I want folks to Vice-Chair Edney made the motion to approve the consent agenda as amended. All voted inj favor,  know that my position hasn' t changed. I am not in favor oft that purchase."  and the motion carried. CONSENT AGENDA Approval of Minutes  Draft minutes were presented for Board review and approval for the following meetings:  July 11,2024 - Special Called Meeting July 17, 2024-1 Regularly Scheduled Meeting  Motion:  Imove the Boardapprove the minutes ofJuly 11, 2024, and. July 17, 2024.  Revision to Minutes - July 10, 2023 approved by the board. Motion:  The revised minutes for the July 10, 2023, Special Called Meeting were requested to be  Imove the Board approve the revised minutes for the. July 10, 2023, Boardo of  Commissioners Special Called Meeting.  Tax Collector's Report  The report from the Tax Collector was provided for the Board'si information.  Please find outlined below collections information through. July: 24, 2024 for 2024 real and personal property bills tol ber mailed on/ August 1, 2024. Vehicles taxes areb billed monthly by NC DMV.  Henderson County Annual Bills (Real and Personal Property):  2024 Beginning Charge: $99,716,269.32 Discoveries &I Imm. Releases & Refunds: ($22,710.28) Net Charge: $99.759.073.81 Unpaid" Taxes: $99,507,289.97 Unpaid Amount Collected: $251,783.84 99.75% Net Charge: $430,424.11 Unpaid" Taxes: $971.04 Amount Collected: S429,453.07 Henderson County FY25 Budget Analysis: BudgetOrdinance Ad Valorem: $103.559.409.00 Prior Years: $1,041,250.00 Budget" Total: $10-4,600,659.00 Buge/Ondmurnee $20  Paid 0.25%  $65,514.77  Henderson County Registered Motor Vchicles (As Collected by NC DMV):  99.77% Revenue Collected Ady Valorem: $681,236.91 Prior Years: $111,591.10 YTD Revenue: $792,828.01  Millions $100 $120  $40  $80  Approved: September 3, 2024    August 5, 2024  3  2024.093 Pending Releases & Refunds  The Assessor reviewed the pending releases and refunds and concluded that these findings were The pending release and refund requests were submitted for approval by the Henderson County  in order. Supporting documentation is on file ini the County Assessor's Office.  Board of Commissioners.  Type:  Amount: $706.35 $46.29  Total Taxes Released from the Charge Total Refunds as ai result oft the Above Releases  Motion:  Imove the Board approve the Combined. Release/Refund Report as presented.  Notification of Vacancies the next agenda under "Nominations."  The Notification of Vacancies was provided for the Board'sinformation. They will appear on  1. - Henderson County Board of Equalization and Review -lvac.  Position # 2- - Regular Position 2. Historic Resources Committee - 1v vac. Position # 8 - Fletcher Representative  3. Nursing/Adult Care Home Advisory Committee-lvac.  Position # 3-E Regular  FY2025 HCCBG Provider Funding Contracts  The Board was requested to approve the Home & Community Care Block Grant contracts for Fiscal Year 2025. The Home & Community Care Block Grant Program is State/Federally funded and administered at the local level. The funding plan for this program was approved at the Board The Contract for County-Based Aging Services outlines the responsibilities of each party for the administration ofthe Home and Community Care Block Grant program. It allows the Area Agency on Aging (Land of Sky) to provide reimbursement payments to the community service providers  of Commissioners' meeting on June 19,2024.  on behalf of the County. Motion:  Imove the Board approve the provider contracis for Home and Communily Care  Block Grant Funds for Fiscal Year 2025.  2024.094 Apple Ridge Project (Housing Assistance). - Subrecipient Agreement On November 7, 2022, the Board approved an allocation of ARPA funding of $1,500,000 to the Housing Assistance Corporation for the Apple Ridge Housing Complex.  Approved: September 3, 2024    August 5, 2024 Corporation.  4  The Board was requested to approve a Subrecipient Agreement with Housing Assistance  Motion:  Imove the Board approve a Subrecipient Agreement with the Housing Assistance  Corporation.  2024.095 Dogwood Health Trust Grant Award - Apple Ridge Housing Project Support The Board was requested to approve a Grant Award from Dogwood Health Trust of$1,000,000. The purpose of the grant funds is to provide match funding to Henderson County to support the Apple Ridge affordable housing development. Once completed, this project will provide up to 60 affordable apartments and 20: single-family homes to service residents <60% AMI and seniors. Staff also requested the Board approve a budget amendment for the grant funding.  Motion:  Imove the Board approve the Grant Award and the related budget  amendment.  Not-for-Profit Funding Agreements  Subsequent to the approval oft the FY: 2024-2025 Budget, staff distributed the funding agreements  to the not-for-profit agencies receiving County allocations.  Motion:  Imove the Board authorize the Chairman 10 execute the funding agreements thereby authorizing the release ofthe initial payment 10 the named agencies.  Facility Use Policy Exemption- - Special Needs Sports  The County received an application from Special Needs Sports to use the Historic Courthouse Courtyard on Saturday, December 7, 2024, from 8:00 a.m. - 2:00 p.m. for a Special Needs Craft To allow for this use on County grounds, the Board was requested to grant a one-time exemption to rule #4 of the County Facility Use Policy, which prohibits solicitation. This exemption would  Fair.  cover the date and time specified on the application and outlined above.  Motion:  Imove that the Board grant an exemption to the County Facility Use Policyfor Special Needs Sports, allowing for the sale of arts and crafts in the Historic Courthouse Courtyard or within the Courthouse, if necessary, on Saturday,  December 7, 2024,from 8:00 a.m. -2:00) p.m.  2024.096 County Border Survey  The boundaries of Henderson County have not been definitively surveyed by accepted modern methods since the inception of the County in 1838. There are numerous ambiguities and uncertainties in defining those boundaries, leading to incorrect property tax listing. The North Carolina Department of Public Safety provides guidance to counties in a memorandum dated  Approved: September 3, 2024    August 5, 2024  5  February 19, 2019, outlining the process for requesting a survey by the North Carolina Geodetic Survey (NCGS) for the purpose of reconciling said ambiguities and uncertainties. It further requires the appointment of one or more special commissioners or contact agents to assist NCGS with existing county records as needed. There is no cost to the county for this project.  Motion:  Imove the Board approve the Resolutions Authorizing County Line Surveying of Rutherford, Transylvania, Buncombe, and Polk Counties and the appointment of Harry Rising as special Commissioner to the North Carolina Geodetic Surveyfor  this project as, presented.  2024.097 Budget Amendments for Existing Grant Projects  On September 15, 2021, the Board approved the Edneyville Community Center grant awarded to Henderson County Soil and Water Conservation District for stream restoration, establishing a riparian buffer and native vegetation, and creating an educational access point/outdoor learning On February 6, 2023, the Board approved a Community Conservation Assistance Program (CCAP) Grant awarded to Henderson County Soil and Water Conservation District for Rugby Middle School's Mill Pond Creek Restoration Project. The project included stream bank stabilization, the establishment of a riparian buffer and native vegetation, and the creation of an Grant funding remains unspent as of FY2025. The Board was requested to approve budget amendments to appropriate remaining grant funds to FY25 for the Rugby Stream Project and the  lab.  educational access point/outdoor learning lab.  Edneyville-Lewis Creek Stream Restoration Project.  Motion:  Imove the Board of Commissioners approve the budget amendments for the Rugby Stream Project and the Edneyvlle-Lewis Creek Stream Restoration  Project.  2024.098 Engineering Services Contract Approval - Jackson Park Feasibility and The Board was requested to approve the contract with Robinson Design Engineers for the. Jackson Park Feasibility and Engineering Study for $100,000. The selection of the engineering company for this project was approved at the December 4, 2023, meeting. The Board committed to acquire the additional $50,000 in matching funds to the NC Department of Environmental Quality, Division of Water Resources: Water Resources Development Grant at the February 6, 2023 meeting. The approval of the grant and the budget amendment for Y24 were approved at the October 2, 2023 meeting. The current Budget Amendment moves the funding to Y25.  Engineering Study  Motion:  Imove the Henderson County Board ofCommissioners to accepi the contract with Robinson Design Engineers for the Jackson Park Feasibility and Engineering Study) for $100,000, approve the budget amendment, and direct siaff t0 proceed.  Approved: September 3,2024    August 5, 2024  6  2024.099 Town of Mills River- Updated Library Lease Agreement  The Town of Mills River desires a new lease, which will essentially be the existing working arrangement for the Henderson County Public Library branch housed in Mills River's facilities. Under previous agreements, the Town constructs and maintains the building in which the branch A draft of the updated lease agreement was provided for Board approval and is attached to these  is located, and the County operates the actual library.  minutes.  Motion:  Imove that the Board approve the drafi lease agreement with the Town of  Mills River.  NCState Budget Soil and Water Appropriation - Vendor Selection for Project Management On April 1,2024, the Board authorized a scope of work and budget amendment for a $14,000,000 State Budget allocation for the Henderson County Soils and Water Department. This allocation was made as directed by thel NC General Assembly pursuant to Session Law 2023-134 (House Bill On July 17, 2024, Senator Moffitt provided the Board with additional information as a project listing. The Board requested that staffi incorporate these projects into the scope ofwork. A request for qualifications was issued between June 19,2024, and. July 10, 2024. Three qualifying submissions were received on time. Based on the review by the Soil and Water Conservation District staff and Chris Todd, Assistant County Manager, the most qualified firm is Resource Institute. The Board was requested to approve the selection oft the qualified firm toj provide project  Company  259) for stream restoration and flood resiliency projects.  management services for this NC State Budget Allocation.  Motion:  move the Board accepi the selection of Resource Institute to provide project management services for this NC State Budget. Allocation and 10 authorize staffio  enter negotiations with the. selected firm.  2024.100 Budget Amendment - Etowah Sewer Company Acquisition  OnJuly 17,2024, the Board approved the acquisition of the Etowah Sewer Company for a cost of Toc complete this purchase, the Board was requested to approve a Budget Amendment transferring  $400,000.  $400,000 from the Capital Reserve Fund to the Capital Projects Fund.  Motion:  Imove the Board approve the budget amendment, transferring funds from Capital  Reserve Fund to the Capital Projects Fund.  2024.101 Etowah Sewer System Budget and Fee Schedule  The Board approved the agreement to purchase the assets oft the Etowah Sewer Company on. July  17,2024.  Approved: September 3, 2024    August 5, 2024  7  As part of the acquisition of the Etowah Sewer System, the County requested the Board adopt a proposed Budget of $182,602 for its operations. Current billing will be done according to the  current fee schedule for the Etowah Sewer System.  Motion:  Imove that the County approve the proposed Budget of $182,602 for the Etowah Sewer System and that the County adopt the current fee schedule of the Etowah  sewers system.  Request for Surplus Vehicle - Recreation  Recreation staff identified a surplus vehicle that would be useful for their operations. A 2010 Chevy transport vehicle (PB-048/FA 14742) was replaçed in aj previous fiscal year in the Facilities Services Department and is now up for surplus. The Recreation Department would like to request  this vehicle for moving tools and equipment as part ofi its daily operations.  Motion:  Imove the Henderson County Board of Commissioners approve the retention of one vehicle, originally scheduled to be surplused in FY24 (PB-048/FA 14742), to  be utilized by the Recreation Department.  2024.103 Resolution Directing Purchase of Property - Allen Street & Grove Street The title work on the property adjoining the west side of Grove Street between Allen Street and First Avenue has been completed, and ai titlei insurance binder has been obtained. Besides the actual  closing, a Resolution ofthis Board directing the closing is required.  Motion:  Imove that the Board adopt the proposedresolution.  NCACC Annual Conference - Voting Delegate  The North Carolina Association ofCounty Commissioners (NCACC) has requested that the Board ofCommissioners designate a Voting Delegate for the NCACC's 117th Annual Conference. The Conference will be held in Forsyth County from August 8 to 10, 2024. The Conference Business Session will be on Saturday, August 10, at 2:30 p.m., and each county is entitled to one To facilitate the voting process, the NCACC requests that each county designate one voting  vote on items that come before the membership.  delegate prior to the Conference and one alternate ifc desired.  Motion:  Imove the Board designate Chair Rebecca McCall as Henderson County's voting delegate to the NCACC Annual Conference with Christopher Todd, Assistant  County Manager, as the alternate.  Vice-Chair Edney made the motion that the Board adopt the consent agenda. All voted inj favor,  and the motion carried. PUBLIC HEARINGS motion carried.  Chairman McCall made the motion to go into the Public Hearing. All voted in favor, and the  Approved: September 3, 2024    August 5, 2024  8  2024.104 Public Hearing  Rezoning Application R-2024-02, submitted on May 1St, 2024, requests that the County rezone approximately 13.27 acres of land from the Residential Two Rural (R2R) zoning district to the Residential One/(RI)zoning district. The: zoning map amendment application is fora all PINS9673- 21-1888 & 9673-22-2365 with access and frontage along Hooper Creek Rd (SR 1553). The property owners are Kenneth and Alline Rhodes, and the applicant is Hoopers Creek Land, LLC. The Planning Board reviewed this request at its July 18, 2024, meeting and voted seven to one to  recommend that the Board of Commissioner deny the rezoning request.  PUBLIC NOTICE:  Before taking action on the application, the Board of Commissioners must hold a public hearing. In accordance with $42-303 and $42-346 (C) ofthe Henderson County Land Development Code and State Law, notice of August 5, 2024, public hearing regarding rezoning application #R-2024- 02 was published ini the Hendersonville Lightning on. July 24th, 2024, and July 3191, 2024. Notices of the hearing were sent via first class mail to the owners of properties within 400' oft the Subject Area on. July 25",-2024,and posted signs advertising the hearing on the Subject Area on July 25th,  2024.  Application Summary  REZONNGAP.ICATON RezoningA ApplicationR R-2024-02,5 submittedo onN May1 1st, 2024, requestst thatt the Countyr rezone  appro.aimatelysgz7aceso oflandf fromt theR Residentialt TwoR Rural(R2R)z zoningo districttoth the Residential Thez zoning mapa amendment applicationisfor: allofPINs:9 spaiBypaw.. accessa and Thep propertyo ownersa arek Kennetha andA Alline Rhodes, andthea applicantis isHoopersCreek! Land, LLC.  One( (R1)z zoningd district. frontagea alongh Hoopers Creek Rd(SR1 1553). Movedf forwardt to PlanningBoarda at) June 4,2 2024, TRC meeting. OnJuly18, 2024, Planninge Boardv voted7Atorecommende denial.  R-2024,02 fHCma,MgSaNg  County Context Map  R-2024-02  SubjectArea  Roads  Property Owner: Kenneth & Alline Rhodes Applicant: Hoopers Creek Land, LLC Residential Two Rural (R2R)t to Residential One (R1)  TotalA Acreage: 13.27  Approved: September 3, 2024    August 5, 2024  9  Subject Area Map  R-2024-02  The Cove at Livingston Farms  The Reserve at Livingston Farms  Subject Area Parcels Streams FLETCHER  Property Owner: Kenneth & Alline Rhodes Applicant: Hoopers Creek Land, LLC  Total Acreage: 13.27.  Residential Two Rural (R2R) to Residential One (R1)  Zoning! Map  R-2024-02  Amultifamily use applicationy wouldg go throughac conditional rezoning. Rezoningto Riv wouldnota allowa densitys greatert thans six unitsp pera acre.  R2R  Futurel Land Use Map  R-2024-02  2045Comprehensive! Plan: Thesubjecta areaisinthe TransitionalA Area, which encompasesreidentala areas withalimitedd densityo oftwoto fouru unitsperacre.  Approved: September 3, 2024    August 5, 2024  10  Utilities Map  R-2024-02  245Comprehensive. Plan: Thes subjecta areaislocated outsidet theu Utilitys Service Areaa andv working agriculturallands. Thes subjecta areah hasa access toCOHw watera andMSD sewer.  Planning Board Recommendation The Planning Board met on July 18, 20241 to discuss application #R-2024-02. The Planning Board voted 7 to 1 to recommend denial for rezoning from R2R to R1 zoning. 2045 Comprehensive Plan Consistency Statement  1) The Boardi reviewed the proposed mapa mendmentt#R-o14o., Hoopers Creek) and findst thati iti is unreasonable, not  int the publici interest, and inconsistent witht the 2045 Comprehensive Plan and Thep property isi int thel Transitional character area thati is slatedi forl lower densities while balancing property rights and promoting reasonable growth within the County and 3)This Resolution shall be retainedi int the Office oft the Clerkt to the Board of Commissioners. 1. Phyllis Benbow spoke in opposition to the rezoning application. 2. Robyn Mondin spoke in opposition to the rezoning application. 3. Jay Schloesser spoke in opposition to the rezoning application.  *Thep propertyi is not contiguous to R1 zoning  2)The Board determines thatt the proposed map amendment does not provide fort the sound administration oft the LDC  Public Input:  4. Shawn Egan opposed the rezoning application for the sake of a high-rise apartment 5. Joel Welsh spoke in opposition to the rezoning application and expressed concern over the number of trees that would be lost if further development were to occur. Commissioner Lapsley made the motion to go out of the Public Hearing. All voted in favor; and  building.  the motion carried.  Approved: September 3, 2024    August 5, 2024  11  The attorney representing the applicant requested to address the Board and provided a handout of Itv was noted that the application had not been sent to the Town of Fletcher for approval.  al PowerPoint presentation intended for review during the meeting. After discussion, Commissioner Lapsley made the following motion. recommendations ofthe Henderson County Comprehensive Plan.  Commissioner Lapsley made the motion the Board deny rezoning application #R-2024-02 t0 rezone the Subject Areaj from Residential Two Rural (RR2) t0 Residential One (RI) based on the Board members further discussed owners' rights in the context of zoning and development Commissioner Andreotta's comments were as follows: "I agree with everything that was said. I was sitting here, seeing both sides and the challenges. Iwas sitting here thinking I would support something that looks like what was around the property, which is a 1/3 acre lot. It's challenging. Ih have lived in Henderson County my whole life. Iwas born here, Is started here, I stayed here. And, I can assure you, way before zoning and land development codes forty years ago, as a young boy, or in my late teens, around the dinner table, my parents were talking about somebody who was against development somewhere, right? In fairness, a lot ofthat development is where people live now. It cuts both ways. And iti is a very, very tricky path for us to navigate. Itis. ButIalso lean heavily towards supporting things that promote home ownership as opposed to renting. Homeownership is critical and a springboard in people's lives, sO I think that something that resembles what is around it - a 1/3 of an acre lot would lean toward promoting home ownership Commissioner Hill noted that the application mimicked the development surrounding the subject property. The development is already there. He believes all those parcels would eventually be Vice-Chair Edney said the problem lies with the ordinance, not the people. He said he would vote  regulations.  much more. So, Iagree with what has been said so far. Thank you."  developed.  against the development now.  Commissioner Andreotta asked for the motion to be stated again.  Commissioner Lapsley made the motion the Board deny rezoning application #R-2024-02 to rezone the Subject Area from Residential Two Rural (RR2) to. Residential One (RI) based on the The Chairman asked the Clerk to poll members of the Board for their vote on the motion on the The motion to deny the application passed with a 4-1 vote; Commissioner Hill was the nay vote. Chairman McCall directed the Planning stafft to work with the applicant to help direct them in any  recommendations oft the Henderson County Comprehensive Plan. floor. A yay vote would be in favor of denying the application.  way possible.  Approved: September 3, 2024    August 5, 2024  12  2024.105 Public Hearing for Rezoning Application #R-2024-03 Continental Divide Dr, Chairman McCall made the motion to go in to the Public Hearing. All voted in favor, and the Rezoning Application R-2024-03, submitted on May 15th,2024, requested that the County rezone approximately 21.82. acres ofl land from the Regional Commercial zoning district to the Residential Two Rural (R2R) zoning district. The zoning map amendment application is for all PINS 9587- 53-2165 and 9587-63-2346 with access and frontage along Continental Divide Dr (SR 1891)and Summit Springs Dr. The property owners are Ann Greenwood Revocable Trust (PIN 9587-53- 2165) and Doris K Cole 2016 Irrevocable Trust (PIN 9587-63-2346). The applicants are Richard Greenwood (Applicant, PIN 9587-53-2165) and Michael Cole (Additional Owner, PIN 9587-63- The Planning Board reviewed this request at its July 18, 2024, meeting and voted unanimously to  Regional Commercial (RC) to Residential Two Rural (R2R)  motion carried.  2346).  recommend the application for approval.  PUBLIC NOTICE:  Before taking action on the application, the Board of Commissioners must hold a public hearing. Per $42-303 and $42-346(C)oft the Henderson County Land Development Code and State Law, notice of the August 5, 2024, public hearing regarding rezoning application #R-2024-2 was published in the Hendersonville Lightning on July 24th, 2024, and July 31st, 2024. Notices oft the hearing were sent via first class mail to the property owners within 400' of the Subject Area on July 25th, 2024, and posted signs advertising the hearing on the Subject Area on. July 25th, 2024.  REZONNGAPLICATIONA  R-2024-03 CmeiawST  Rezoning Application! R-2024-03, submitted on! May 1sth, 2024, requests thatt the County rezone approximately 21.82 acres ofl land from the Regional Commercial (RC); zoning districtt tot the Residential TwoR Rura/R:R)zoning Thez zoning mapa amendment applicationi isf fora allo of PINS: 9587-53-2165 ands 9587-63-2346v witha access and Thep property owners are Ann Greenwood Revocable Trust( (PIN958753-2165)4 and Dorisk KO Cole 20161 Irrevocable Thea applicants are Richard Greenwood (Applicant, PIN9587-53-2169): andl MichaelCole (AdditionalOwner, PIN  district.  frontage along Continental Divide Dr (SR 1891)a and Summit Springs Dr.  Trust (PIN9587-63-2346). 9587-63-2346).  Movedf forwardt to Planning Boarda at June 4, 20241 TRCmeeting.  Moved ont to Boardo of Commissioners with afavorabler recommendation: at July 18, 2024, Planning Board  meeting.  Approved: September 3, 2024    August 5, 2024  13  County Context Map  R-2024-03  Property Owner(s): Ann Greenwood fotal Acreage: 21.82 Regional Commercial (RC) to Residential Two Rural (R2R)  Trust & Doris K Cole 20161 Irrevocable Trust  Subject Area Map  R-2024-03  Subject Area Parcels Major Roads Streets Streamsa and Rivers  Zoning! Map  R-2024-03  Thes subject area extendst tol I-26 andt the Residential Two Rural (R2R)z zoning district. Extendingt tot thel I-26 ROW creates continuity with: zoning districts.  R2R  R3  Property AnnG Greenwoodr Revocable Trust& DorisK Cole2 20161 Irrevocable Trust TotalA Acreage: 21.82 Regional Commercial( (RC)tOR ResidentialT TwoR Rural(R2R)  Approved: September 3, 2024    August 5, 2024  14  Quick Comparison ofZoning Districts*  Quick Comparison Max Density: Housing Types: CommercialUses:  Regional Commercial (RC) 16 units pera acre Singlewide nota allowed Carwasha allowed Retail Sales> 15oks sqfta allowed  ResidentialT Two Rural (R2R) 1unitp pera acre Singlewide: allowed Carwashr nota allowed Retails Sales> 15ok sqft nota allowed  Thes subject areai ist not eligiblef for Maximum Density. Maximum densityi is ResidentialTwo Rural (R2R)i is currently: 2 units per acre. To qualify for Maximum Density, the subject area  must have sewer service.  *Thist tableis isnotad completeli listo afusesa allowedineach district. Pleasereferencet thel Tablec dfPemitedVicsermove  information.  Planning Board Recommendation The Planning Board met on July 18, 2024, to discuss application #R-2024-03. The Planning Board voted unanimously to move the application on to the Board ofCommissioners with a favorable recommendation.  Future Land Use Map  R-2024-03  20A5Comprehensivel Plan: Thes subjecta areai isi inthe Transitional/ Area, which encompassesr residentiala areas witha limitedo density oftwoto four unitsp pera acre.  Agriculture/Rural  Approved: September 3, 2024    August 5, 2024  15  Utilities Map  R-2024-03  20A5-Comprehensivel Plan: Thes subjecta areaisl located outsidet thel Utility Service Area andv working agriculturall lands. Thes subject areal hasa access toCOHV watera andN MSD sewer..  2045 comprenensive Plan Consistency Statement  1)The Boardn reviewed thep proposedr mapa amendment (#R-2024-03, Continental Divide Dr)a andi findst thatitisr reasonable, int the publici interest, and consistent witht the: 2045 Thes subject areai iso outsidet thel Utility Service Area andy working agriculturall lands. ResidentialTwo! Rural (R2R)! has as standardi residential density of one unit per acre and adheres tot the Residentiall Twol Rural's (R2R)p primary useisresidential, ther mainl land usei int the Transitional character 2)The Board determines that they proposed! mapa amendment providest for thes sound administration oft the LDC while balancing property rights andp promoting reasonable growthy withint the County and 3)This Resolution shall be retainedi int the Office oft the Clerk tot the Board ofC Commissioners.  Comprehensive! Plana and  Transitional. Area's" "limited density".  area.  Zoning Map  R-2024-03  R2R  RC  RC TOEBINT  VTFSRIORETTEES  R3  Public Input: There was none.  Approved: September 3, 2024    August 5, 2024 motion carried.  16  Chairman McCall made the motion to go out of the Public Hearing. AIl voted in favor, and the Commissioner Hill made the motion the Board approve rezoning application #R-2024-03 t0 rezone the Subject Area from Regional Commercial (RC) to Residential Two Rural (R2R), based on the recommendations of the Henderson County Comprehensive Plan, and further moved that the Board adopt the resolution regarding the consistency with the 2045 Comprehensive Plan. All  voted infavor, and the motion carried. 2024.106 LDC Text Amendment (TX-2024-02)  Chairman McCall made the motion t0 go in to the Public Hearing. AII voted in favor; and the Planning staff received an application for a text amendment (#TX-2024-02) to address pre-existing mining and extraction operations established prior to 2007, which was the adoption of the LDC. These operations operate undera as state-issued permit and must adhere to all state-required regulations and setbacks, including reporting, monitoring, and environmental requirements. Under the LDC, uses established prior to 2007 are vested, but the code does not specifically state that these uses can continue to operate under its allowed state permit. These uses are established and permitted through the state, and the state has full authority and oversight of the operation. This amendment allows existing vested operations to continue to operate undertheiractive: state mining permit and will allow The Planning Board reviewed the proposed text amendment on July 18, 2024, and voted  motion carried.  for the associated accessory uses to the operation.  unanimously to recommend approval by the Board of Commissioners.  PUBLIC NOTICE:  Aj public notice for this public hearing was advertised int the Hendersonville Lightning on Wednesday, July 24th, and Wednesday, July 31st, to meet the requirements ofNCGS $160D-601. Vulcan Materials Company Operational Manager Steve. Jetter presented the following:  Text Amendment Application  TX-2024-02  - Text Amendment Application #TX-2024-02  Submitted by Vulcan adoption)  Address pre-existing mining and extraction operations established prior to 2007 (LDC - They must adhere to all state-requiredi regulations, setbacks, reporting, monitoring, The proposed amendment. would allow existing vested operations to continue to operate under their active state mining permit with. associated accessory uses to the New mining and extraction operations would still adhere to the current LDC regulations  These operations operate under a state-issued permit  environmental requirements, etc.  operation  Approved: September 3, 2024    August 5, 2024  17  On July 18, 2024, the Planning Board reviewed the application and recommended that The Public Hearing was noticed in the Hendersonvile Lightning on Wednesday, July 24th Representatilves from Vulcan are here to present the reasonings for the proposed text  the BOC approve the text amendment application  and Wednesday, JUly 31st amendment  Doing The Right Thing, The Right Way, At The Right Time.  Hendersonville Quarry Optimization Plan Briefing July 2024  Vulcan als Company  CONSTRUCTION AGGREGATES  Drive our economy.  How much do we need? OURI PRODUCTS  38,000 tons builds onel lane- mile ofa four- lane interstatel highway averagel home  400 tons buildst the  80% inc concrete  94% inasphalt pavement Uulrun  amount ofa aggregate. amount ofa aggregate  Community! Line (828)3 393-5 50701 WaMAeAONyEN  Approved: September 3, 2024    August 5, 2024  18  Overview Quarryo operations begani in1 1962 Total area: 236A Acres Existingl limit:1 168 acres Futureu use area: 682 acres 26f full-t timee employees Ona average. produces 1.1r million+t tons annually  Operations Area Area Mining Overburden Area Stockpile & Customer Loading Plant Area Future Use Area Controlled Property Existingl Limit  Current  SITE OVERVIEW  Uulcan  Community Line (828)3 393-5 50701 WEsANARyXEeN  70%t Mininge efldencyg gain wthno currant! Imit  Operations Area Mining/ Area Overburden Area Stockpile& & Customerloading PlantA Area Futurel UseA Area ControlledP Property Existing! Limit  Current  Optimized  OPTIMIZATION PLAN  Vulrun  Communityl Line (828)3 393-5 50701 wwacayen  Approved: September 3, 2024    August 5, 2024  19  70%+ Mininge efldency galn withinourraat Imit 35%+ Overburdenstorage hamgphwhhenathnt  Operations Area MiningA Area OverburdenA Area Stockpile& & Customerloading PlantArea Futurel Use Area ControlledProperty Existingl Limit  Current  Optimized  OPTIMIZATION PLAN  Vulcan  Communityl Line (828)3 393. 50701 WeewacayenN  70%t Miningeflidencyg gain within currant! lmit 35%+ Overburdenst storage efidencyg galnw withincurrentlmit -200,000+ Trucktripsk kaptofflocalroads oer5-10years Operations Area MiningA Area OverburdenA Area Stockpile &Customerl Loading Plant Area Futurel Use Area ControlledP Property Existingl Limit  Current  Optimized  OPTIMIZATION PLAN  Vulcan  Community! Line (828)3 393-5 S070/Vucantendersondersonvir-Quarycom  Approved: September 3,2 2024    August 5, 2024  20  Public Input: There was none.  Vice-Chair Edney made the motion to go out of the public hearing. All voted in favor, and the Commissioner Lapsley made the motion that the Board of Commissioners approve the proposed text amendment TX-2024-02 with any changes as discussed and find that these changes are reasonable and consistent with the 2045 Comprehensive Plan with the approval of the resolution Commissioner Hill suggested that Commisionerlapsley modify hisi motion to allow the applicant to include their office and maintenance facilities. However, Lapsley declined, stating that his The motion, passed with a 3/2 vote. Commissioners: Hill and. Andreotta were the nay votes.  motion carried.  statement.  motion would stand.  DISCUSSION  Sports Complex - Site Selection  The Board as part of their. July 17,2024, meeting, directed staff to investigate property under the control of the County, which would be suitable for the development of a multi-field sports complex. Jackson Park and Berkley Mills Park were identified as part ofthat process. Henderson County has vacant land within Jackson Park, which could support a 4-field sports complex. Berkley Mills Park, whichisowned by the Henderson County Public School Board(HCPS Board), has vacant land that could support at least 3.25 full-size multi-sport fields along with softball and The HCPS Board met on. July 29th to discuss its desire to partner with the County at Berkley Mills Park to develop a sports complex. As a result ofthat meeting, the HCPS Board sent a letter to the Based on conversations with staffand WGLA, the expected cost range for. Jackson Park is between $9M and $10M. The cost would include four full-size fields and parking. Thej predicted cost range for Berkley Mills Park is between $12M and $14M. The cost would include 3.25 fields, six tennis  tennis.  County, which is attached to these minutes.  courts, a softball field, and parking.  FuningandContacing  Bisamatadiugaislombd MBuntOammisonelMering,  SteSelection 5Aug  KckOiMeeing 6AuE  5Aug  Bagmingd November  2Dec.  -  X  ARPAAvaiable-$9.5M Design-id-BuidMethod  Daprisawpktenatats: ARINMPIEORUIKAN  DesgPolessenis-tetion  Dsgpoutobdtylwgminga November  Approved: September 3, 2024    August 5, 2024  21  Berkeley Mills Park Conceptual Plan  WCI  Rdin  KF    EHESKE  C-100  The letter received from the School Board stated that the School Board would be willing to transfer ownership of the Berkeley property to the county if the outlined conditions were met. Those conditions, based on the conceptual plan provided, included grading the entirety oft the site to meet this standard if the funding available does not allow the entirety oft the design to be constructed. The project's expected cost was approximately $12-$14 million. Mr. Todd believed there was close to enough funding to provide the grading for the site and the sports fields. Regardless ofthe site chosen, the next step would be to work with the design team to fine-tune the budget and submit the project to bid in time to meet ARPA funding deadlines.  Jackson Park Conceptual Plan  WGLA Encingering    B  C-100  Approved: September 3, 2024    August 5, 2024  22  The high-level conceptual plan for Jackson Park included four multisport fields, expected to cost approximately $9-$10 million. The heavily wooded property is land that the county already Chairman McCall clarified that the conditions specified by the School Board were that the grading for the softball and tennis courts for the Berkeley site be completed. Mr. Todd said that was correct. What he understood conveyed in the letter was that if adequate funding was available to complete the entire project, that was preferred, but ifnot, at least the grading would be completed. Then, when funds become available, allocate funds for the completion oft the project. Vice-Chair Edney asked for the exact amount of funding available for the project. Financial Services Director Samantha Reynolds informed the Board that $9,508,879 had been allocated for the project. Edney then asked for the scope ofwork that may be completed for the funds available. Mr. Todd said using WGLA numbers, which are no longer accurate in the changing market, there was a belief that the $9.5M would get the project close at either site to accomplishing the flat, multi-sport fields. Staff was already working toward value-engineering the project and putting in After discussing the pros and cons of each location, Commissioner Hill and Commissioner Andreotta favored the Jackson Park location. Chairman McCall, Vice-Chair Edney, and Chris Todd said the Recreation Advisory Board held a meeting the previous Thursday. Mr. Todd attended the meeting and shared a summary ofthe discussion. After debating both locations, the  controls. And, at the time, it was the county's centrally located "flagship" park.  add/alternates to maximize available funds.  Commissioner Lapsley favored Berkeley.  Recreation Advisory Board determined the following:  Traffic flow into and out of Berkeley Park would be easier Recreational Advisory Board wished to protect  The area where the fields would fit within Jackson Park has natural resources that the  The beloved disc golf course at. Jackson would have to be reworked.  Jackson Park is considered a birding area.  The Advisory Board agreed that Berkeley Park was the preferred location for those reasons. Commissioner Andreotta's s comments were as follows: "For context, It think the public has a right to know; I think either one oft these sites has a lot of pros and cons. Eight to ten months ago, what we were talking about tonight was proposed. It was. And I was one of the staunchest champions ofit. Iam speaking, to be clear, about Berkeley. That deal got rejected by the School Board, and the conversation stopped. Idon't think it is coincidental that they resumed very quickly when we had $9.5 million that we: needed to allocate quickly. And that's fine. However, some commented that "our contribution is the land." No, it isn't, it's not yours. "We got a better deal by waiting a year." Not really, because had this proposal been accepted 8-10 months ago, how much money would have been spent and how much work could have been done, and we still were going to? We didn'tknow, but we still were going to have $9.5 million free up. So, however much could have been spent and done, we are that much worse offi in reality by waiting. It would be great at either  Approved: September 3, 2024    August 5, 2024  23  Berkeley or Jackson, but I think the public sometimes, especially when narratives get disseminated. The biggest thing that bothers me in this office is the difference between what I know facts to be and what narratives occasionally get disseminated. So the public needs to know Commissioner Lapsley made the motion the Board of Commissioners approve the selection of  that."  Berkeley Mills Park as the site to develop a sports complex. Chairman McCall asked the Clerk to poll the Board. Selection for Engineering Services Sports Complex for the County's proposed Sports Complex.  The motion passed with a 3/2 vote. Commissioners Hill and. Andreotta were the nay votes. As directed by the Board with the allocation of project funding, staff released a Request for Qualifications (RFQ) for engineering services to design, permit, bid, and administer construction In accordance with NC General Statute 143-64.31 (Procurement of Architectural, Engineering, and Surveying Services), staffdeveloped an RFQ, posted it on the county's website, and advertised itin a local newspaper on. July 23, 2024. The responses were received by 9:00 a.m. on August 5, 2024. In addition to NCGS 143-64.31, the RFQ was compliant with the American Rescue Plan Staff received the responses and then presented a recommended firm to the Board for selection. The funding deadlines necessitate a quick turnaround oft the responses. Upon the Board's approval of selection, staff will negotiate an agreement with the firm and bring the agreement back to the Chirs Todd said that while WLGA had drawn the conceptual plans for the project, they would not be the design firm that completed the final design. As WGLA did not submit a proposal for the  Act.  Board for approval.  RFQ for consideration, the design plan could change. Designer Selection RFQ Response  Staff Recommends WithersRavenel as design firm for the proposed sports  complex project.  Chairman McCall asked that the Board be provided with a list of similar projects that Withers Commissioner Lapsley made the motion the Board approve the selection of Withers Ravenel as the most qualified responding. firm to provide engineering services for the Sports Complex and direct Staff to attempt to negotiate a contract with the firm. AIL voted in favor, and the motion Commissioner Andreotta stated the following: "Madam Chair, quick question. We keep referencing the timeline, and there is a lot ofinformation that we look to receive back. It think it would be prudent for this Board to schedule a special called meeting on Tuesday, August 20. The School Board meets the day before, on August 19, SO there may be new communication from them. Ifthere is information coming back from the firm we. just selected and possibly the school board,  Ravenel has worked on.  carried.  Approved: September 3, 2024    August 5, 2024  24  Ithink it is important that we meet. Otherwise, we are looking at Tuesday, September 3, 2024, for our next meeting. That is another two weeks we would lose. Ithink that would be prudent." Commissioner Andreotta made the motion for the Board t0. schedule a special called meeting on Tuesday, August 20, 2024, at 9:30 a.m. to discuss the Sports Complex project. All voted. inj favor,  and the motion carried.  NCACC Legislative Goals (Add on)  Chairman McCall explained that the North Carolina Association of County Commissioners works together as a collaborative of 100 counties to bring a list of goals to the legislature to be focused on throughout the coming year. The recommendations for that list are due August 23. The Board  needed to discuss what goals to submit on behalf ofHenderson County.  The following goals were identified:  Seek funding or reach a conclusion on raising significant funding for North Carolina Seek funding to expand resources for North Carolina counties' capital infrastructure. Seek legislation to enable North Carolina county governments to have oversight and Seek legislation to allow fire department employees the ability to participate in the North Carolina Local Government Employee Retirement System (LGERS). Seek legislation to provide greater flexibility to individual public school boards when Seek legislation to allow sheriff's deputies to return to employment following Support and encourage North Carolina schools to purchase produce from North  Department of Transportation roadway projects.  decision-making authority over public school budgets.  setting school calendars.  retirement while retaining retirement benefits. Carolina farms for school meals.  Support an increase in North Carolina behavioral health facilities  NOMINATIONS AND APPOINTMENTS  1. Henderson County Board of Equalization and Review-1 1 vac. There were no nominations, and this was rolled to the next meeting.  2. Home and Community Care Block Grant Advisory Committee - 1 vac. There were no nominations, and this was rolled to the next meeting.  3. Industrial Facilities and Pollution Control Financing Authority - 2 vacs.  Approved: September 3,2024    August 5, 2024  25  There were no nominations, and this was rolled to the next meeting. 4. Juvenile Crime Prevention Council -3 vacs.  There were no nominations, and this was rolled to the next meeting. 5. Laurel Park Zoning Board of Adjustment - 1 vac. There were no nominations, and this was rolled to the next meeting. 6. Mountain Area Workforce Development Board - 1 vac.  Chairman McCall nominated. Marsha. Justice for appointment to seat #2. All voted inj favor, and  the motion carried.  7. Nursing/Adult Care Home Community Advisory Committee - 8 vacs. There were no nominations, and this was rolled to the next meeting.  COMMISSIONER UPDATES school year on Monday. ar revised draft out later.  Commissioner Andreotta reminded everyone that Henderson County Schools will begin their CommissionerHill shared that the Farmland Preservation Task Force had created a draft ordinance that received many comments at their last meeting. The staffhas taken those comments and expects Chairman McCall shared that the Board would hold the ribbon cutting for the Upward Elementary  project on Wednesday at 10:00 a.m. COUNTY MANAGER'S. REPORT  John Mitchell thanked Public Safety Director Jimmy Brissie and emergency management personnel for their hard work during the flash flooding on Tuesday of last week. Vice-Chair Edney made the motion to go into Closed.Session pursuant to 43.318.1113)). &  (6). All voted inj favor, and the motion carried.  ADJOURN  DenisaLauffer, Clerk  RlaN  Rèbecca  D  McCall,Chairman  Approved: September 3, 2024    During theAugust 5. 2024. regular meeting, the Board enacted the following:  2024.093 2024.094 2024.095 2024.096 2024.097 2024.098 2024.099 2024.100 2024.101 2024.102 2024.103 2024.104 2024.105 2024.106  Pending Releases and Refunds  Apple Ridge Project (HousingA Asisamc-Subrepient Agreement Dogwood Health Trust Grant-A Apple Ridge Housing Project Support  County Border Survey  BudgetAmendment: = Rugby : BudgetAmendment - Edneyville Jackson Park Feasibility and Engineering Study - Contract Approval Town of Mills River - Updated Library Lease. Agreement Budget Amendment - Etowah Sewer Company Acquisition Fee Schedule and Budget - Etowah Sewer Company  Blank  Resolution Directing Purchase of Property - Allen Street & Grove Street Public Hearing Rezoning Application #R-2024-02 Hoopers Creek,  Residential Two Rural (R2R) to Residential One (R1)  Public Hearing - Rezoning Application #R-2024-03 Continental Divide Dr.,  Regional Commercial (RC) to Residential Two Rural (R2R)  Resolution of Consistency TX-2024-02    Henderson County Board of Commissioners  1Historic Courthouse Square . Suite 1. Hendersonville, NC28792 Phone (828) 697-4808 . Fax (828)692-9855 . wwwenderoncounyncgeny  Rebecca K. McCall Chairman J.Michael Edney Vice-Chairman  William G. Lapsley Daniel J. Andreotta David H. Hill  August 5, 2024  Harry Rising, Assessor Henderson County Assessor's Office 200N. Grove Street, Suite 102 Hendersonville, NC 28792 Dear Mr. Rising:  Attached, please find tax release requests in the amount of $706.35 and tax refund requests in the amount of $46.29 reviewed at the Henderson County Board of Commissioners Meeting on  Monday, August 5, 2024. All Releases and refunds were approved.  Sincerely,  RheEl Rebecca McCall, Chairman  Henderson County Board of Commissioners  RM/dal enclosures    888 00 00  9999  E  888 S:    88 0885 A 998 8a A o a 31 8  W    REQUEST FOR BOARD ACTION HENDERSON COUNTY BOARD OF COMMISSIONERS  MEETING DATE: SUBJECT: PRESENTERS: ATTACHMENTS:  August 5, 2024 Project Support  Dogwood Health Trust Grant Award - Apple Ridge Housing  Christopher Todd, Assistant County Manager  Yes 1. Budget Amendment 2. Grant Award  SUMMARY OF REQUEST:  Staffi is requesting the Board approve a Grant Award from Dogwood Health Trust in the amount of$1,000,000. Thej purpose of these grant funds are to provide match funding to Henderson County to support the Apple Ridge affordable housing development. Once completed, this project will provide up to 60 affordable apartments and 20 single-family homes service residents Staff requests the Board also approve a budget amendment for the grant funding as presented.  <60% AMI and seniors.  BOARD ACTION REQUESTED:  The Board is requested to approve the Grant Award and the related budget amendment.  Suggested. Motion:  Imove the Board approve the Grant Award and the related budget amendment.    LINE-ITEM TRANSFER REQUEST HENDERSON COUNTY  Department: Finance Please make the following line-item transfers: What expense line-item is to bei increased?  Account 405400.569900.9088  Line-Item Description PAYMENTS TOOTHERA AGENCIES  Amount $1,000,000  What expense line-item is to be decreased? Or what additional revenue is now expected?  Account 404400-4540199088  Line-Item Description LOCAL- MISC GRANTS  Amount $1,000,000  Justification: Please provide a brief) justification for this linei item transfer. request.  TOE BUDGET FOR DOGWOODI HEALTH TRUST GRANT FUNDING FOR APPLE RIDGE HOUSING PROJECT. BOC APPROVED  8.05.2024  Authorized by Department Head Authorized by Budget Office  Date Date Date  OBedsas Bacesl  Authorized by County Manager    Henderson County Board of Commissioners  1Historic Courthouse Square . Suite 1. Hendersonville, NC28792 Phone (828)697-4808 . Fax (828)692-9855 . wwanemdeomounynege"  Rebecca K. McCall Chairman .Michael Edney Vice-Chairman  William G. Lapsley Daniel) J. Andreotta David H. Hill  RESOLUTION  AUTHORIZING COUNTY, LINE. SURVEYING  WHEREAS,  the North Carolina Geodetic Survey has been designated and funded by the North Carolina General Assembly to assist with the resurvey of ambiguous or  uncertain county boundaries; and  WHEREAS, there exists several ambiguous or uncertain boundary sections between  Henderson County and its neighboring counties; and  WHEREAS, WHEREAS, WHEREAS,  the survey can be done at the invitation of the counties involved at no cost to the County Assessor is responsible under NCGS 105-303(b)(1) for the listing the ability to assess and levy property taxes fairly and accurately within Henderson County can only be accomplished by clear and accurate record of  the county government; and ofali real property; and  county boundaries and adjoining properties.  NOW, THEREFORE, BE: ITI RESOLVED by the Henderson County Board of Commissioners that; 1. The Board of Commissioners hereby appoints Harry Rising, Henderson County Tax Administrator, as Henderson County's Special Commissioner of Boundaries in accordance with the North Carolina Department of] Public Safety guidelines dated  February 19, 2019.  2. The North Carolina Geodetic Survey office be formally requested to perform a survey of the boundary between Henderson and Transylvania Counties to resolve ambiguous and 3. Thel Land Records office of the Henderson County Tax Department record the results of  uncertain boundary sections that may exist between the counties. the survey as part of the permanent listing system of the county. 4. This resolution shall bei in full force and effect upon adoption.    Henderson County Board of Commissioners  1Historic Courthouse: Square e Suite 1 e Hendersonville, NC28792 Phone (828)697-4808 e Fax (828)692-9855 e wwhemderoncounyntger  Rebecca K. McCall Chairman J.Michael Edney Vice-Chairman  William G. Lapsley Daniel J.Andreotta David H. Hill  Approved on this. 5th day of August 2024.  67 9POR4,  Rkan KmeRu REBECCA K. MCCALL, CHAIRMAN HENDERSON COUNTY BOARDOF COMMISSIONERS  ATTEST: ois?  DENISA A. LAUPPERORAVOTIR BOARD    Henderson County Board of Commissioners  1Historic Courthouse Square . Suite 1. Hemderonylle.NC28792 Phone (828)697-4808 . Fax (828)692-9855 . hemderemcounynege"  Rebecca K. McCall Chairman J.Michael Edney Vice-Chairman  William G. Lapsley Daniel).Andreotta David H. Hill  IMIT  RESOLUTION  AUTHORIZING COUNTYLINESURVEYING  WHEREAS,  the North Carolina Geodetic Survey has been designated and funded by the North Carolina General Assembly to assist with the resurvey of ambiguous or there exists several ambiguous or uncertain boundary sections between the survey can be done at the invitation of the counties involved at no cost to the County Assessor is responsible under NCGS 105-303(b)(1) for the listing the ability to assess and levy property taxes fairly and accurately within Henderson County can only be accomplished by clear and accurate record of  uncertain county boundaries; and  WHEREAS, WHEREAS, WHEREAS, WHEREAS,  Henderson County and its neighboring counties; and  the county government;, and ofall real property; and  county boundaries and adjoining properties.  NOW, THEREFORE, BE ITI RESOLVED by the Henderson County Board of Commissioners that; 1. The Board of Commissioners hereby appoints Harry Rising, Henderson County Tax Administrator, as Henderson County's Special Commissioner of Boundaries in accordance with the North Carolina Department of Public Safety guidelines dated  February 19, 2019.  2. The North Carolina Geodetic Survey office be formally requested toj perform a survey of the boundary between Henderson and Buncombe Counties to resolve ambiguous and 3. Thel Land Records office of the Henderson County Tax Department record the results of  uncertain boundary sections that may exist between the counties. the survey as part of the permanent listing system oft the county. 4. Thisr resolution shall bei in full force and effect upon adoption.    Henderson County Board of Commissioners  1Historic Courthouse Square e Suite 1. Hendersonville, NC28792 Phone (828)697-4808 e Fax (828)692-9855 . www.hendersoncountyncgov  Rebecca K. McCall Chairman J.Michael Edney Vice-Chairman  William G. Lapsley Daniel J. Andreotta David H. Hill  AMMH  Approved on this 5th dayofAugust 2024.  3 07P044 SSA  KhbmGu REBECCA K. MCCALL, CHAIRMAN HENDERSON COUNTY BOARDOF COMMISSIONERS  ATTEST:  NDNS Sa  DENISA A. LAUPPERCGTNE: BOARD    Henderson County Board of commissioners  1Historic Courthouse Square . Suite 1.l Hendersonville, NC28792 Phone (828)697-4808 . Fax (828)692-9855 . www.hendersoncountync.gov  Rebecca K. McCall Chairman .Michael Edney Vice-Chairman  William G. Lapsley Daniel).Andreotta David H. Hill  RESOLUTION  AUTHORIZINGG COUNTYLINESURVEYING  WHEREAS,  the North Carolina Geodetic Survey has been designated and funded by the North Carolina General Assembly to assist with the resurvey of ambiguous or there exists several ambiguous or uncertain boundary sections between the survey can be done at the invitation of the counties involved at no cost to the County Assessor is responsible under NCGS 105-303(b)(1) for the listing the ability to assess and levy property taxes fairly and accurately within Henderson County can only be accomplished by clear and accurate record of  uncertain county boundaries; and  WHEREAS, WHEREAS, WHEREAS, WHEREAS,  Henderson County and its neighboring counties; and  the county government; and ofall real property; and  county boundaries and adjoining properties.  NOW, THEREFORE, BE ITI RESOLVED by the Henderson County Board of Commissioners that; 1. The Board ofCommissioners hereby appoints Harry Rising, Henderson County Tax Administrator, as Henderson County's Special Commissioner of Boundaries in accordance with the North Carolina Department of Public Safety guidelines dated  February 19, 2019.  2. The North Carolina Geodetic Survey office be formally requested toj perform a survey of the boundary between Henderson and Rutherford Counties to resolve ambiguous and 3. The Land Records office of the Henderson County Tax Department record the results of  uncertain boundary sections that may exist between the counties. the survey as part of the permanent listing system of the county. 4. This resolution shall bei in full force and effect upon adoption.    Henderson County Board ofCommissioners  1Historic Courthouse Square e Suite 1e Hendersonville, NC28792 Phone (828)697-4808 e Fax (828)692-9855 . whemderomounyicge"  Rebecca K. McCall Chairman J.Michael Edney Vice-Chairman  William G. Lapsley Daniel J. Andreotta David H. Hill  A  Approved on this. 5th day of August 2024.  Ahbmal REBECCA K. MCCALL, CHAIRMAN HENDERSON COUNTY BOARD OF COMMISSIONERS  9044  ATTEST: DENISA A.  TOTHE BOARD  Mkes    Henderson County Board of commissioners  1H Historic Courthouse Square e Suite 1 . Hendersonville, NC28792 Phone (828) 697-4808 e Fax (828)692-9855 a wwwemdepomounyncge"  Rebecca K. McCall Chairman J.Michael Edney Vice-Chairman  William G. Lapsley Daniel J. Andreotta David H. Hill  RESOLUTION  AUTHORIZING COUNTYLINE. SURVEYING  WHEREAS,  the North Carolina Geodetic Survey has been designated and funded by the North Carolina General Assembly to assist with the resurvey of ambiguous or there exists several ambiguous or uncertain boundary sections between the survey can be done at the invitation of the counties involved at no cost to the County Assessor is responsible under NCGS 105-303(b)(1) for the listing the ability to assess and levy property taxes fairly and accurately within Henderson County can only be accomplished by clear and accurate record of  uncertain county boundaries; and  WHEREAS, WHEREAS, WHEREAS, WHEREAS,  Henderson County and its neighboring counties; and  the county government; and ofall real property; and  county boundaries and adjoining properties.  NOW, THEREFORE, BEI ITI RESOLVED by the Henderson County Board of Commissioners that; 1. The Board of Commissioners hereby appoints Harry Rising, Henderson County Tax Administrator, as Henderson County's Special Commissioner of Boundaries in accordance with the North Carolina Department of Public Safety guidelines dated  February 19, 2019.  2. The North Carolina Geodetic Survey office be formally requested to perform a survey of the boundary between Henderson and Polk Counties to resolve ambiguous and uncertain 3. The Land Records office of the Henderson County Tax Department record the results of  boundary sections that may exist between the counties.  the survey as part of the permanent listing system of the county. 4. This resolution shall be in full force and effect upon adoption.    Henderson County Board of Commissioners  1Historic Courthouse Square e Suite 1. Hendersonville, NC28792 Phone (828) 697-4808 . Fax (828)692-9855 o mehemdeponcoumyiegor  Rebecca K. McCall Chairman J.Michael Edney Vice-Chairman  William G. Lapsley Daniel J. Andreotta David H. Hill  M  Approved on this. 5th day ofAugust 2024.  Abkmsa REBECCA K. MCCALL, CHAIRMAN HENDERSON COUNTY BOARD OF COMMISSIONERS  POR SG. ATTEST:  DENISA A. LAUFFEB, COERK TOTHE BOARD    REQUEST FOR BOARD ACTION HENDERSON COUNTY BOARD OF COMMISSIONERS  MEETING DATE: Monday, August Sth, 2024  SUBJECT: PRESENTER: ATTACHMENTS: Yes  Budget Amendments for Existing Grant Projects Betsy Gerwig, Conservation Engineer 1. Budget Amendment - Rugby 2. Budget Amendment - Edneyville  SUMMARY OF REQUEST:  On September 15, 2021, the Board approved the Edneyville Community Center grant, awarded tol Henderson County Soil and Water Conservation District for stream restoration, establishment ofa riparian buffer and native vegetation, and the creation of an educational access point/outdoor On Fcbruary 6, 2023, the Board approved a Community Conservation Assistance Program (CCAP) Grant, awarded to Henderson County Soil and Water Conservation District for Rugby Middle School - Mill Pond Creek Restoration Project. The project was to include stream bank stabilization, establishment ofar riparian buffer and native vegetation, and the creation ofa an As ofFY2025, grant funding remains unspent. The Board is requested to approve the attached budget amendments to appropriate remaining grant funds to FY25 for the Rugby Stream Project  learning lab.  educational access point/outdoor learning lab.  and the Edneyville-Lewis Creek Stream Restoration Project.  BOARD ACTION REQUESTED:  The Board is requested to approve the budget amendments to appropriate remaining grant funds toFY25 for thel Rugby Stream Project and thel Edneyville-Lewis Creek Stream Restoration Project.  Suggested Motion:  Imove the Boardo/Commisioners approve the budgel amendments. for the Rugby Stream Project and the Edneyville-Lewis Creek Stream Restoration Projeci.    LINE-ITEMI TRANSFER REQUEST HENDERSONCOUNTY  Department:  Soil8 & Water  Pleasemake: the! following line-item transfers: What expense line-itemi is to! bei increased?  Account 115471-539000-9011 115471-526000-9017 175471-526010-9011  Line-item Description Contracted Services Dept Supplies & Materials Community Events Expesne  Amount $33,239 $3,000 $1,500  $37,739  What expense line-item is to be decreased? Or whatadditionalt revenue is now expected?  Account 114990-401000-9011 114471-457007-9011  Line-ltemDeseription Fund Balance Appopriated Divof Soil & Water-CCAPGrant  Amount $ 25,886 11,853  $37,739  Justification: Please provideab briefjustification: for this line-itemt transferrequest. Tob budget forf fundingr remaining for Rugby Streambank! Project inz 2025.  8/5/2024 Date  Authorized! by! Department Head  For Budget Use Only Batch# BA# Batchl Date  Authorized by Budget Office  Date  Authorized! by County Manager  Date    LINE-ITEMTRANSFERI REQUEST HENDERSONCOUNTY  Department:  Soil &Water  Please make thet following line-item transfers: Whate expense line-item is tol be increased?  Account 115471-539000-9012 115471-526000-9012 115471-526010-9012  Line-item Description Contracted: Services Dept Supplies &M Materials Community Events Expesne  Amount $61,909 $10,000 $2,000  $73,909  What expense line-item is tol be decreased? Orwhata additional revenue is now expected?  Account 114471-458011-9012  Line-Item Description NRCS-EQUIP2018  Amount $ 73,909  $73,909  Justification: Please provide ab brief) justification fort this line-item transferrequest.  This additional funding from thel U.S. Department of Agriculture was signed over byt the grant recipient to! be usedf for the project. BOC approved11.15.23. Tol budget for remaining funding for Edneyville-Lewis Creek Streambank  Restoration Project in 2025. BOC approved 8.5.24  8/5/2024 Date  Authorized! by Department Head  For Budget Use Only Batch# # BA# Batchl Date  Authorized by Budget Office  Date  Authorized by County! Manager  Date    REQUEST FOR BOARD ACTION HENDERSON COUNTY BOARD OF COMMISSIONERS  MEETING DATE: SUBJECT: PRESENTER: ATTACHMENTS:  August 5, 2024  Engineering Services Contract Approval Jackson Park Feasibility and Engineering Study Betsy Gerwig, SWCD Conservation Engineer  Yes  1. Budget Amendment  2. Qualifications for Robinson Design Engineers 3. Contract with Robinson Design Engineers  SUMMARY OF REQUEST:  The Board is requcsted to approve the contract with Robinson Design Engineers for the. Jackson Park Feasibility and Engineering Study for $100,000. Selection of the engineering company for this project was approved at the December 4, 2023, meeting. The Board committed to acquire the additional $50,000 in matching funds to the NC Department of Environmental Quality, Division of Water Resources: Water Resources Development Grant at the February 6, 2023 meeting. The approval oft the grant and the budget amendment for Y24 was approved at the October 2, 2023  meeting. The current Budget Amendment moves the funding to Y25.  BOARD ACTION REQUESTED:  The Board is requested to accept the contract with Robinson Design Engineers for the. Jackson Park Feasibility and Engineering Study for $100,000, approve the budget amendment, and direct staff to  proceed.  Suggested. Motion:  Imove the Henderson County Board ofCommissioners to accept the contract with Robinson Design Engineers for the Jackson Park Feasibility and Engineering Study for $100,000,  approve the budget amendment, and direct staff to proceed.    LINE-ITEM TRANSFER REQUEST HENDERSON COUNTY  Department: Soil &V Water Please make thet following line item transfers: What expense line-i item ist to! bei increased?  Account 115471-538100 115471538100.9071  Line-Item Description PROFESSIONAL SERVICES PROFESSIONAL SERVICES  Amount $50,000 $50,000  $100,000  Whate expense line-item ist tol be decreased? Orwhat additional revenue is now expected?  Account 114990-401000 114471457001-9071  Line-Item Description FUND BALANCE APPROPRIATED DEQ WATER RESOURCES GRANT  Amount $50,000 $50,000  $100,000  $0  Justification: Please provide al brief) justificationi for this line-itemt transfer request.  TOI MOVE ALL FUNDS FORWARD TO Y25. FUND BALANCE APPRORIATED WAS APPOVED AS MATCH TOT THE DEQ WATER RESOURCES GRANT ATT THE FEB 6, 2023 MEETING. THE INIITAL BUDGET AMENDMENT WAS APPROVED. AT THE OCT2,  2023 MEETING FOR THE Y24.  Authorized by Department Head Authorized by Budget Office Authorized by County Manager  Date Date Date  For Budget Use Only Batch # BA# Batch Date    NORTH CAROLINA HENDERSON COUNTY between the Town of  LEASEAGREEMENT  This Lease Agreement ("Lease")is made and entered into this Henderson County, one of the counties of the State of North Carolina (the : Lessee").  of 5'y day eigust  and 2024.by  Mills River, one of the municipalities ofthe State of North Carolina' the "Owner"). and  WITNESSETH:  WHEREAS, the Owner owns thal certain tract of land and a building therein the Premises") containing space occupied and leased by the Lessee and in which the Lessee operates and maintains a public library, such space being depicted on Exhibit A attached hereto and incorporated herein by reference. The space occupied by Lessee is  herein referred to as the "Library Space"; and  WHEREAS, the Lessee desires to continue to occupy and lease the Library Space: and WHEREAS, the Owner, for and in consideration of the mutual covenants and agreements hereinalter expressed, agrees to permit the Lessee to occupy and enter upon the Property solely for the Lessee's use during the Term hereof, as defined below, and the Lessee agrees to the terms and conditions relating to the uses hereinafter set I.Lease. The Owner hereby leases to Lessee. and Lessee hereby leases and takes upon the terms and conditions which hereinafter appear the Library Space. Lessee shall have the exclusive right to occupy and control the Library Space. Lessee shall also have the right to the use of the common: areas located within the Premises  forth.  adjacent to the Library Space during the term of this Lease.  2. Term. The term of this Lease shall commence on the date hereofand: shall terminate at 12:01 a.m. on 2029, unless earlier terminated or extended as provided herein. [fLessee has fully complied with all of its obligations provided herein, the term oft this lease shall be renewed for successive five (5) years terms until either party give the other written notice of termination at least one (1)year prior to the expiration of the then-current  term.  3. Rent. In consideration oft the use, occupancy and rent oft the Library Space. Lessee shall pay Owner rent in the amount of One ($1.00) Dollar per lease term, due and payable on the first day of each term. 4. Use of the Library Space. Lessee shall use the Library Space only to maintain and operate a public library. Owner shall have no obligation to provide any equipment, furniture, furnishings or books for Lessee's operation ofal library. The parties shall agree upon the hours ofo operation of the library. Lessee shall keep the 5. Security. Owner shall provide entry to the Premises by key pad and shall provide entry codes to Lessee. Lessee shall not disseminate any entry code to any person unless Owner has agreed. Owner shall also providea The parties acknowledge that Lessee currently operates a library in the Library Space and maintains hours that are different from those maintained by Owner for the Premises. Currently. the library is open after the Owner's hours of operation on Monday evenings, and Lessee may determine 10 operate the library on other days outside the Owner's operating hours. Atany time when Lessee keeps the library open to the public outside the Owner's hours of 6. Maintenance and improvements. Lessee shall not make any significant change to the Library Space without the prior approval ofOwner. which approval shall not be unreasonably withheld. Significant changes shall include but not be limited to any painting other than routine re-painting of walls and adding or changing the location  Library Space in a clean and well- maintained condition. at all times.  camera security system for the Premises.  operation, Lessee shall secure and lock the Premises at the time of closing.    ofv walls. Lessee shall be solely responsible for the costs ofali changes. remodeling. painting or decorating within Except as expressly provided herein, Owner shall provide all routine maintenance and extraordinary and repair of the common areas and the HVAC within the Premises and the roof of the Premises. Lessee shall provide all routine maintenance and repair of the Library Space. Owner shall be responsible for undertaking all extraordinary maintenance. and repair oft the Library Space, and the parties shall equally share the cost ofall such maintenance and repair of the Library Space, except that Lessee shall not be required to pay more than $5,000.00 in any term year or more than $15,000.00 during any lease term toward such costs. Notwithstanding anything contained herein to the contrary, in the event the furnace or air conditioning unit which exclusively provides service to the Library Space should be replaced, Lessee shall pay one-half(')oft the costs for the replacement materials and installation. when necessary. The COSE ofs snow removal shall be equally borne by Owner and Lessee.  the Library Space.  Owner: shall provide for the drive into the Premises. the parking areas and sidewalks to be cleared of snow 7. Insurance. Owner shall have no responsibility to provide any insurance for Lessee's property or use of the Library Space. Lessee shall obtain and maintain general liability insurance to cover all risks arising out of or associated with its use and occupancy ofthe Library Space, with limits of55.000.000.00 per incident. and shall provide for Owner to be an additional insured. Upon request, Lessee shall provide Owner with a copy ofits  declaration statement reflecting the required coverage.  Lessee shall also obtain and maintain standard hazard insurance covering all ofi its property located within 8. Utilities. Owner shall provide all usual utilities for Lessee's use in the Library Space except telephone 9. Common Areas. The Library Space is accessed through a hall thati is utilized by Owner and the public. In: addition, the Premises includes a meeting room "Commons Room")and restrooms. The parties shall make due and diligent efforts to jointly utilize these common: areas and shall work cooperatively 10 schedule their use ofthe common areas around each others' needs. Notwithstanding anything contained herein to the contrary. Owner shall have the first right to use the Commons Room in the event the parties cannot agree. Lessee shall thoroughly clean 10. Indemnity. The Lessee covenants and agrees at its sole cost and expense. lo indemnify and hold harmless the Owner against and from any and all claims by or on behalfofany person. firm or corporation arising out oft the Lessee's use of the Library Space or from any work or thing done whatsoever in or about the Library Space by the Lessee and further to indemnify and hold the Owner harmless against and from any and all claims arising from any condition in the Premises caused by the Lessee or arising from any breach or default on the parl of the Lessee in the pertormance ofa any covenant or agreement on the part of the Lessee to be performed pursuant to the terms ofthis Lease, or arising from any act, omission or negligence of the Lessee or arising from any accident. death, injury or damage whatsoever caused to any person. firm or corporation in or about the Property. and from and against all costs, damages, attorneys fees, expenses and liabilities incurred in or about any such claim, action or proceeding brought thereon: and in case any action or proceeding be brought against the Owner by reason ofany such claim, the Lessee covenants to resist and defend any such action or proceeding by counsel satisfactory to the The Lessee further covenants and agrees that the Owner shail not be responsible or liable to the Lessee or any person firm or corporation claiming by through or under the Lessee for or by reason ofany defect in the Library Space or for any injury or loss or damage to person or property resuiting there from. and the Owner shall not be responsible or liable to the Lessee or any person or firm or corporation claiming by through or under Lessee for any death, injury, loss or damage to any persons or to the Library Space caused by or arising from any defect or condition in the Library Space whatsoever, or by or from any death. injury or damage caused by arising or resulting from any death, injury or damage caused by or arising. or resulting from acts of negligence of any occupant. invitee.  the Library Space.  and Internet Service, which Owner shall have no obligation to provide.  the restrooms located in the common areas at least twice per week.  Owner.  guest or user of the Library Space.    11. Transfer and Assignment. The right conferred upon the Lessee pursuant to this Lease are: strictly personal tol Lessee, do not inure to the benefit ofany third parties. The Lessee agrees that the Lease is non- transferable and further agrees not to transfer, assign. pledge or encumber his interest in this Lease. The Lessee further acknowledges that the Owner's rights and obligations under this Lease may be mortgaged. assigned or transferred by the Owner to its successors in title or interest, theira assigns and the Owner's lenders and or its lender's 12. Compliance with Laws. The Lessee shall promptly comply with all laws and ordinances. rules regulations, and requirements and directives ofall governmental or public authorities and ofall their subdivisions applicable to and affecting the Library Space, its use and occupancy thereof. and shall promptly comply with all 13. Non-Waiver. The failure of the Owner to enforce strict performance by the Lessee oft the conditions and covenants oft the Lease or to exercise any election or option. or to resort or have recourse to any remedy herein conferred in any one or more instances, shall not be construed or deemed to be a waiver or ar relinquishment then or in the future by the Owner ofany such conditions and covenants, options, elections or remedies but the same shall 14. Validity of Agreement. The terms, conditions, covenants and provisions to this Lease shall be deemed to be severable. Ifany clause or provision herein contained shall be adjudged to be invalid or unenforceable bya court of competent jurisdiction or by operation ofl law. it shall not affect the validity of any other cause or provision 15. Entire Contract. This Lease contains the entire contract between the parties. All other proposals. suggestions, offers, counter-offers, representations, understandings and agreements (if any) oft the parties (or either of them), not expressly state in this instrument, are void and unenforceable. This Lease may not be modified or  trustees. This Lease shall not be recorded without prior written consent ofthe Owner.  orders, regulations requirements imposed by any. governmental entity.  continue in full force and effect.  herein, buts such other clauses or provisions shall remain in full force and effect.  amended except by writing executed by both parties.  16. Governing Law. This Lease shall be governed by and construed under the laws of the State of North  Carolina.  Town of Mills River. Owner  By:  Henderson County. Lessee RbGlL    REQUEST FOR BOARD ACTION HENDERSON COUNTY BOARD OF COMMISSIONERS  MEETING DATE: SUBJECT: PRESENTERS: ATTACHMENTS:  August 5, 2024  Budget Amendment - Etowah Sewer Company Acquisition Samantha R. Reynolds, Financial Services Director  Yes  1.B Budget Amendment  SUMMARY OF REQUEST:  On July 17, 2024, the Board approved the acquisition oft the Etowah Sewer Company fora cost In order to complete this purchase, the Board is requested to approve a Budget Amendment, transferring $400,000 from the Capital Reserve Fund to the Capital Projects Fund.  of$400,000.  BOARD ACTION REQUESTED:  The Board is requested to approve the attached Budget Amendment as presented.  Suggested Motion:  Imove the Board approve the budget amendment as presented, transferring, funds from  Capital Reserve Fund to the Capital Projects Fund.    LINE-ITEM TRANSFER REQUEST HENDERSON COUNTY  Department:  Finance/ / Capital Reserve Fund  Please make thej following line-item transfers: What expense line-item is tol be increased?  Account 215400-598040 405400-547302-2080  Line-Item Description Transfer to Capital Proj Fund Acquisition of Sewer System  Amount $400,000 $400,000  $800,000  What expense line-item is to be decreased? Or what additional revenue is now expected?  Account 214400-401000 404400-402100-2080  Line-Item Description Fund Balance Appropriated Transfer From Cap Reserve Fund  Amount $400,000 $400,000  $800,000  Justification: Please provide ak brief justification; for this line-item transferr request.  TOTRANSFER FUNDING FROM THE CAPITAL RESERVE FUND TO1 THE CAPITAL PROJECTS FUNDI FOR THE ETOWAH SEWER COMPANY PURCHASE. BOC APPROVED PURCHASE: 7.17.2024. BOC APPROVED BUDGET AMENDMENT  8.5.2024.  8/5/2024 Date  Authorized by Department Head  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: PRESENTER: ATTACHMENIS:  August 05, 2024  Etowah Sewer System Budget and Fee Schedule Marcus Jones, County Engineer Yes 1.E Budget Amendment 2. Fee Schedule  SUMMARY OF REQUEST: Sewer Company.  On. July 17,2 2024, the Board approved the agreement for the purchase of the assets oft the Etowah As part oft the acquisition oft the Etowah Sewer System, the County is requesting the Board adopt aj proposed Budget of$182,602 for operations ofthe system. Current billing will be done at the  current fee schedule for the Etowah Sewer System. BOARD ACTION REQUESTED:  Approve the proposed budget for FY25 for Etowah Sewer System and that the County adopt the  current fee schedule already in use by Etowah Sewer Company.  Suggested Motion:  Imove that the County approve the proposed Budget of $182,602 for Etowah. Sewer System and that the County adopt the current fee schedule of the Etowah. sewer. system.    LINE-ITEM TRANSFER REQUEST HENDERSON COUNTY  Department:  Etowah Sewer Fund  Please make the following line-item transfers: What expense line-item is tol bei increased?  Account 645711-526000 645711-532100 645711-534001 645711-534003 645711-535100 645711-535200 645711-538103 645711-539000 645711-547200 645711-547600  Line-Item Description Department Supplies & Materials Telephone & Communications Electricity Water/Sewer Maintenance & Repair- Bldgs & Grounds Maintenance & Repair- Equipment City Billing Charges Contracted Services Dues & Memberships Insurance & General Bonding  Amount $23,000 $8,340 $21,400 $1,900 $12,130 $25,000 $12,400 $71,632 $2,000 $4,800 $182,602 Amount $182,602  What expense line-item is tol be decreased? Orv what additional revenue is now expected?  Account 644711-464000  Line-Item Description District User Fees  $182,602  Justifiçation: Please provide al brief justification, for this line-item transferrequest. FY2025 OPERATING BUDGET FOR ETOWAH SEWER. BOCAPROVED852024  Authorized by Department Head Authorized by Budget Office  Date Date Date  For Budget Use Only Batch# BA# Batch Date  Authorized by County Manager    AFFIDAVIT OF UNDERSTANDING AND INDEMNITY AND HOLD HARMLESS AGREEMENT REGARDING COMPUTER DATA MIGRATION (VCAP to E-COURTS ODYSSEY PORTAL) "(To be used for Purchase (with or without financing) and Refinance Transactions)"  Land (Property Address): 285 E. Allen Street & 101 S. Grove Street, Henderson County, N.C.  Closing Attorney: Sharon B. Alexander Seller(s): Barrister Propertyies Owner(s):. Issuing Agent:  Date of Closing (settlement & disbursement): August 2024 Buyer(s) (Proposed Insured Owner): County of Henderson Title Insurance Company (the Company): Attorneys Title Title Insurance Commitment Number (the Commitment): 24H079020  (in case ofrefinance only)  Other file number(s) or reference: the realestate transaction (as applicable)  Recordable Documents: Deed, Deed of Trust, Assignment of Leases and Rents, UCC Financing Statement, Subordination.lease (or memorandum thereof),DMV MVR-46G, or other documents to be recorded as apart of NOTE: Other defined terms are as defined in the ALTAO Commitment for Title Insurance (08-01-2016), ALTAO Commitment for Title Insurance (Effective 07-01-2021), ALTAO Short Form Commitment (12-01-17 TC04- 02-18), ALTAO Short Form Commitment (Effective 07-01-2021, the ALTAO Loan Policy (06-17-2006), ALTA9 Loan Policy (Effective 07-01-2021), ALTAO Owner's Policy (06-17-2006), ALTAS Owner's Policy (Effective 07-01-2021), ALTA9 Homeowner's Policy (12-02-2013), ALTAS Homeowner's Policy (Effective 07-01-2021), ALTAO Short Form Residential Loan Policy (12-03-12), and ALTA9 Short Form Residential Loan Policy (Effective 07-01-2021). The migration of computer data at the Clerk of Court's Officei in the County where the Land (or "Property Address") stated abovei is located has significantly affected the ability of attorneys to search, locate court matters and resolve issues reliably. The migration has limited attorneys' access to public records during the periodi immediately preceding the Date of Closing, and these limitations will continue through the date of recording the instruments referenced: as Recordable Documents above. Filings or: submissions of documents to the Clerk of Court's Office by parties and attorneys have continued, but the final approval, acceptance and indexing ofs such documents may be delayed. In addition, thei indexing systems oft the prior' VCAP system and the new Odyssey Portal are significantly different in substantial ways, causing variations int the search procedures required, results obtained and information available (including payoff calculations). Additionally, other, further issues are continuing to be identified and addressed. (All of these issues are referenced herein as "Migration Asaresult, the ability to search and review filings in the Clerk of Court's Office either has, or will be, impacted. The Company is willing to continue to insure Title to the Land for the Proposed Insured Owner and Proposed Insured Lender, if any, as identified in the Commitment up to Amount of Coverage stated therein through the ultimate recording date oft the Recordable Documents, upon receipt of the acknowledgments and  Issues.")  indemnifications herein.  NOW THEREFORE, due to the aforementioned Migration issues, and as an inducement to the Closing Attorney to conduct settlement (including disbursement) and to the Company and/or Issuing Agent to issue policy or policies oft title insurance with regard to the Land, as defined in the Commitment, the undersigned agree as follows:  Sellerls)/Ownerts) certify and affirm:  O North Carolina Land Title Association, REV. July 11, 2023- - AFFIDAVIT OF UNDERSTANDING. ANDI INDEMNITY, ANDI HOLDI HARMLESS AGREEMENT  DUET TO COMPUTERI DATAI MIGRATION (VCAP TOE-COURTS OOYSSEY PORTAL)- Page 1of3    (a) There are no pending civil actions, judgments, lis pendens, claims of lien, liens, encumbrances -- whether filed, submitted, imminently pending, or otherwise delivered (or to be delivered) to or as part of a file with the Clerk of Court's Office, and (whether or not indexed) estates, guardianships, or special proceedings affecting the Land, which are not being paid, adjusted or addressed as part of the current (b) AllI labor and materials used in construction or improvements, repairs or modifications to the Land have been paid for and there are now no unpaid bills for labor or material against the improvements or Land. The Sellers/Owners have received no notice of any mechanic liens claim. The Company must be provided with affidavits, indemnities, lien waivers ands subordinations. satisfactory to the Company. (c) Sellers/Owners have received no written notice ofap proposed or pendingspecial: lassessment orap pending taking of any portion of the Land by any governmentalbody.s Sellers/Owners have no knowledge or notice that work has been or will be performed by any governmental body including but not limited to the installation of water or sewer lines or other utilities or for improvements such as paving or repaving of (d) Sellers/Owners agree to neitherallow, nort take any action, following settlement that may result in any of the items or actions referred to in paragraph (a) above, or other objectionable matter which may adversely affect the Title to the Land, between the Commitment Date and the last to occur of: the time ofclosing, updating, date: and time oft the recording of Recordable Documents and disbursement, unless (e) Sellers/Owners agree to immediately discharge, cancel, release or otherwise adequately address the same to the satisfaction of the Company and further agree to hold harmless and indemnify the Closing Attorney, the Issuing Agent and the Company against all claims, losses, liabilities, damages, expenses, costs and attorney's fees which may arise out of Sellers/Owners failure to promptly so remove, release, bond, or otherwise dispose of any such liens, encumbrances or objectionable matters affecting Title to  transaction in a manner approved by the Company.  street or alleys or thei installation of curbs and sidewalks.  disclosed to and approved by the Companyi in writing prior to closing.  the Land tot the satisfaction oft the Company.  Buyer(s) understand and agree:  (a) Neither Closing Attorney, Issuing Agent nor the Company can provide an assurance as to the availability and reliability of search results of potential documents in the Clerk of Court's office which documents should constitute part oft the Public Records affecting the Land, as defined in the Commitment. (b) Among other things, Buyers may not be able to refinance or sell the Land, obtain building permits, or demonstrate recorded ownership of and legal Title to, the Land until the date that the documents int the Clerk of Court's office are available and adequately, reliably searchable and locatable in the Public  Records.  Sellerlsl/Ownerts) and Buyer(s) acknowledge:  (a) They have been expressly advised that North Carolina law, specifically the Good Funds Settlement. Act (North Carolina General Statutes Chapter 45A) if thel Land is residential property, requires recordation of the deed, deed of trust, or othert title documents prior to disbursement of closing funds, for which they (b) They expressly waive any claim, demand, or cause of action arising solely out of disbursement of closing funds by the Closing Attorney in reliance on the parties' joint instruction to disburse herein. (c) They expressly release the Closing Attorney, the Company, the Issuing Agent or other persons acting in reliance on suchi instruction and release from any claim, demand, or cause of action arising out of such (d) Byt their joinder herein, they are authorizing and directing the closing oft the sale oft the Land and/or ofi its financing or refinancing and disbursement of funds, that they hereby shall be deemed to have irrevocably released the deed, deed of trust and other Recordable Documents which each party has respectively executed to Closing Attorney with thei irrevocable authorization and instruction to cause or North Carolina Land Title Association, REV.. July 11, 2023- - AFFIDAVIT OF UNDERSTANDING, ANDI INDEMNITY, ANDI HOLDI HARMLESS, AGREEMENT  specifically include waiver of claims or penalties thereunder, below.  disbursement.  DUE TO COMPUTER DATAI MIGRATION (VCAPT TOE-COURTS ODYSSEY PORTAL)- Page 2of3    the Recordable Documents to be recorded as soon as the Closing Attorney is able to cause such (e) They expressly agree they will not execute or cause to be recorded any other deed, deed of trust, or other document of conveyance, encumbrance, or restriction regarding all or any portion of the Land, until and unless the Recordable Documents are properly recorded and indexed at the office of the (f) They expressly waive and renounce any right, claim, or demand to instruct the Closing Attorney to (i) recall or withdraw any Recordable Document, or (ii) otherwise not to record any Recordable Documents, (g) NOTE: It is advisable to confirm that contractual matters arising out of the definition of "Closing," as it relates to recordation or filings in the Clerk of Court's office, are addressed in the contract between  recordation.  register of deeds.  or (ii) to cancel or rescind the closing.  Buyer and Seller, e.g., risk ofl loss or damage by fire or other casualty.  The undersigned solemnly affirm under the penalties of perjury and upon personal knowledge that the contents of this Affidavit are true and that this Affidavit and Indemnity is executed in the order to induce the Closing Attorney to make and complete the settlement on the Land and to induce the Company, through the Issuing NCLTA Copyright and Entire Agreement: This Agreement and any attachments hereto represent the entire agreement between Seller, Buyer and/or Owner and Company and no prior or contemporaneous agreement or understanding inconsistent herewith (whether oral or written) pertaining to such matters is effective. THISI ISA COPYRIGHT FORM and any variances in thei form provisions hereof must be specifically stated in the blank below CAUTION: NO MODIFICATION of this Agreement and NO WAIVER of any ofi its terms or conditions shall be  Agent, to issue its policy or policies of title insurance, insuring Title to the Land.  and agreed to in writing byt the Company:  effective unless made in writing and approved by the Company.  Seller(s)/ Owner(s): Signature Signature  Print Print  SUBSCRIBED, SWORN TO, and acknowledged before me this  day of August 2024.  My Commission Expires:  NOTARY PUBLIC Buyer(s): Signature Signature  hus Tmchik  Rehaca MSGII  Print Print  SUBSCRIBED, SWORN TO, anda acknowledged before me this SHhdays of August 2024. POADUMAAAlNL AAAADA My Commission Expires: 40444,2038N NOTARYPUBLIC  JOANNE MARTIN HINSON Notary Public, North Carolina Henderson County  My Commission Expires # May23,2028  or North Carolina Land Title Association, REV. July 11, 2023. -A AFFIDAVIT OFU UNDERSTANDING. ANDI INDEMNITY, ANDH HOLDI HARMLESS AGREEMENT  DUE TOC COMPUTER DATAI MIGRATION (VCAPT TOE E-COURTS ODYSSEY PORTAL)- Page 3of3    North Carolina RESOLUTION  Before the Board ofCommissioners  BOARD OF COMMISSIONERS) ENACIMENT202103  WHEREAS, the Board of Commissioners of Henderson County (the Board")has authorized contracting for the purchase ofcertain real estate located in Henderson County, North Carolina, located on Grove Street between Allen Street and First Avenuei in the City of Hendersonville; and, Barrister Properties, and agreed and directed by the Board ati its July 17, 2024 meeting; and,  WHEREAS, the property is now under contract for purchase! by the County from the current owners, WHEREAS, thel Board desires for this matter to be concluded and the property described in the  Board's July 17,2024, agenda item on this topic tol bej purchased.  NOW, THEREFORE, IT IS RESOLVED that the County shall proceed with the purchase of  the property referenced above, and the Chair ands staff are requested and directed to take whatever actions are  required to complete this transaction. This the 5wh day of August, 2024.  BOARD OF COMMISSIONERS OF HENDERSON COUNTY  mRkan melall REBECCA MCCALL, Chair  Attest:  Coms  ushe Clerk tot the Board of    2024- IOlo  HENDERSON C UNTY  BOARD OF COMMISSIONER ENACTMENT 2024- 10lo  RESOLUTION OF CONSISTENCY WITH THE 2045 COMPREHENSIVE PLAN  Text Amendment #TX-2024-02  WHEREAS, pursuant to N.C. General Statute $160D, Article 1, the Henderson County Boardof Commissioners exercises regulations relating to development within the County'sjurisdiction; and WHEREAS, the Henderson County Board of Commissioners (Board) adopted the Land Development Code (LDC) on September 19, 2007 and has amended the LDC to address new and WHEREAS, on July 18, 2024, the Planning Board reviewed and provided recommendations regarding the proposed text amendment for application #TX-2024-02; and WHEREAS, pursuant to N.C. General Statute $160D-601, the Planning Director provided the prescribed public notice, and the Board held the required public hearing on August 5, 2024; and WHEREAS, N.C. General Statute $160D-605 requires the Board to adopt a statement of NOW THEREFORE, BE IT RESOLVED by the Henderson County Board of  changing issues;  consistency with the 2045 Comprehensive Plan;  Commissioners: as follows:  1. The Board determined that TX-2024-02 is reasonable, in the public interest, and is consistent with the 2045 Comprehensive Plan located therein because of the following:  The 2045 Comprehensive Plan intends for the County to grow where infrastructure and services exist, in and around municipalities, community The plan states that regulations should ensure zoning districts around Neighborhood Anchors and Community Centers allow, by right compatible The plan also directs the County to ensure the Land Development Code is Henderson County will continue to develop a thriving economy across scales,  investments, and anchors.  land uses.  consistent with state and federal regulations. from smaller local businesses to large employers.  2. The Board determined that the proposed amendment provides for the sound administration of the Land Development Code while balancing property rights and 3. This Resolution shall be retained in the Office of the Clerk to the Board of  promoting reasonable growth within the County, and  Commissioners.    2024- I06  THIS, the Sth day of August 2024.  HENDERSON COUNTY BOARD OF COMMISSIONERS  wvRkun meGl Rebecca McCall, Chair  03PAA  ATTEST:  15 CAROL  [COUNTY SEALI  Denisa Lauffer, Clerk tale