MINUTES  STATE OF NORTH CAROLINA COUNTY OF HENDERSON  BOARD OF COMMISSIONERS MONDAY, DECEMBER 2, 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, Commissioners Rebecca McCall, J. Michael Edney, William Lapsley, Sheila Franklin, Jay Egolf, County Manager John Mitchell, Assistant County Manager Chris Todd, Public Safety Director Jimy Brissie, Attorney Russ Burrell, and Financial Services Director Samantha Reynolds. Also present were County Engineer Marcus Jones, CherCommunications Officer Mike Morgan, Public Information Officer Kathryn Finotti, A/V Technician Oscar Guerrero, IT Director Mark Seelenbacher, Finance Director Randy Cox, Tax Administrator Harry Rising, Public Health Director David Jenkins, Senior Planner. Janna Bianculli, Strategic Behavioral Health Director Jodi Grabowski, Planning Director Autumn Radcliff, Parks and Recreation Director Bruce Gilliam, Human Resources! Director Karen Ensley, and Lead: forl North Carolina Fellow Nora Sjue. Deputies  Hendersonville.  Many Ladd and Stephen Darnell provided security. CALLTOORDERDER/WELCOME  County Attorney Russ Burrell called the meeting to order and welcomed everyone. Captain Phillip Stokes of the Salvation Army provided the invocation.  INVOCATION  County Manager John Mitchell recognized Captain Stokes and his wife, Captain Sherrie Stokes, with the Salvation Army for their assistance in providing meals to employees, volunteers, national  guardsmen, and others during the weeks following Hurricane Helene.  PLEDGE OF ALLEGIANCE  With the Young Naturalist 4-HClub, Kinsley Lance led the Pledge of Allegiance to the American  Flag.  SWEARINGINOEI NEW COMMISSIONERS  District Court Judge James Marshall was called to administer the oaths toi incoming commissioners Commissioner Sheila Ann Franklin was sworn in as Commissioner representing District 2 of Commissioner John Jason "Jay" Egolf was sworn in as Commissioner representing District 5 of  Sheila Franklin and Jay Egolf. Henderson County. Henderson County. ELECTION OF CHAIR  Russ Burrell called the annual organizational meeting to order under the laws of North Carolina. The county BoanrdofCommisioner: first meeting in Decemberofeach; yeari ist theiro organizational meeting, at which they elect a chairman pursuant to section 153A-39 of the general statutes.  Approved: December 6, 2024    December 2, 2024  2  Mr. Burrell opened the floor for nominations for the Chair.  Rebecca McCall informed Burrell she had a nomination but first wanted to convey what an honor ith had been for her to serve as Board Chair for the previous two years. McCall then nominated William "Bill" Lapsley as chairman of the Board of Commissioners. Hearing no other Commissioner Edney made the motion 10 close the nominations and elect William "Bill" Lapsley  nominations,  by acclamation. All voted in favor, and the motion carried.  ELECTION OF VICE-CHAIR  Chairman Lapsley expressed his appreciation for his fellow Board members' support for this most important leadership position. He vowed to complete the role ofChairman to the best ofhis ability. Commissioner McCall made the motion to close the nominations and elect Michael Edney as Vice- Chairman Lapsley thanked Commissioner McCall for her outstanding leadership throughout her  Lapsley nominated Michael Edney for Vice Chair. Chair. AII voted inj favor, and the motion carried. two years as Chairman of the Board. INFORMAL PUBLIC COMMENT  1. Ryan Radford said he represented Addison Creek Subdivision's neighbors and offered his comments on their (and his) behalf. He stated that an individual was shooting guns very close to the houses in his subdivision. He believed this to be a safety concern for the neighborhood. He urged the Board to consider passing an ordinance on the distance 2. Philip Ellis spoke regarding the Berkeley Park improvements for the proposed Sports Complex. He stated he was a member ofthe Parks and Recreation Advisory Board and had worked on a subcommittee for that Board specifically for soccer to consider program decisions, etc. He encouraged the Board to select the "more durable product" that is safer for the athletes when selecting what upgrades are included in the construction ofthe soccer  requirements for discharging a firearm close to occupied dwellings.  fields.  DISCUSSION/ADJUSTMENT OF AGENDA  Motion: Commissioner McCall made the motion to approve the agenda. All voted inj favor,  and the motion carried. CONSENT AGENDA  Chairman Lapsley noted that consent agenda item J - Mills River Tower Contract Pricing Approval had been revised since the agenda was published. Mr. Lapsley added item P- Policy Motion: Commissioner McCall made the motion to adopt the consent agenda with the additional  Statement Pursuant to N.C. Session Law 2024-26 to the consent agenda.  Approved: December 6, 2024    December 2, 2024  3  item added. All voted inj favor, and the motion carried. 2024.136 Review of Public Officials' Bonds  Pursuant to N.C. Gen. Stat. $58-72-20 (and the Board's Rules ofl Procedure), the next order of business at the Board's annual organizational meeting was the annual review and approval ofthe  size and issuer ofthe bonds for county public officials for the coming year.  Under $58-72-20:  The bonds of the officers named in G.S. 58-72-10 shall be carefully examined on the first Monday in December ofe every year, and ifit appears that the security has been impaired, or for ahy cause become insufficient to cover the amount of money or property or to secure the faithful performance of the duties of the office, then the bond shall be renewed or strengthened, the insufficient security increased within the limits prescribed by law, and the impaired security shall be made good; but no renewal, or strengthening, or additional security shall increase the penalty of said bond beyond the limits prescribed for the term ofoffice.  The following were the current bond amounts, all ofv which meet the requirements oft the General  Statutes:  PUBLIC OFFICIAL Lowell Griffin, Sheriff Lee King, Register ofl Deeds Harry Rising, Tax Collector Deputy Tax Collectors Randall Cox, Finance Director  BOND AMOUNT BOND COMPANY $25,000.00 Fidelity and Deposit Co. $50,000.00 Fidelity and Deposit Co. $1,000,000.00 Fidelity and Deposit Co. $250,000.00 Fidelity and Deposit Co. $1,000,000.00 Fidelity and Deposit Co.  The Sheriff's bond may not exceed $25,000, pursuant to N.C. Gen Stat. $162-8. The other bonds have been set by previous Boards ofCommissioners and were at the Board's discretion. Motion: Imove the Boardapprove the public officials' bonds as presented.  Approval ofMinutes  Draft minutes were presented for Board review and approval for the following meetings: Motion: Imove the Board approve the minutes from November 20, 2024 The report from the Tax Collector was provided for the Board's information.  November 20, 2024 -Regularly Scheduled Meeting  Tax Collector's Report  Approved: December 6, 2024    December 2, 2024  4  Please find outlined below collections information through November 20, 2024 for 2024 real and personal property bills mailed onJ July 31,2024. Vehicles taxes: areb billedr monthly by NCDMV. Henderson County Annual Bills (Real: and Personal Pronerty):  2024 Beginning Charge: $101,663,576.91 Discoveries &I Imm. $99,191.59 Releases & Refunds: ($66,531.96) NetCharge: $101.696.236.54 Unpaid Taxes: $45,517,593.77 Amount Collected: $56,178,642.77 Net Charge: $2,958,280.06 Unpaid Taxes: $5,843.63 Amount Collected: $2,952,436.43 Henderson County FY25 Budget Analysis: Budget.Ordinance Ad Valorem: $103,559,409.00 Prior Years: $I,041,250.00 Budget Total: $104,600,659.00 HuOndmee Reveme Collected $20  Paid 55.24%  Unpaid 44.76%  Henderson County Registered Motor Vehicles (As Collected by NCI DMV):  99.80% RevenueCollected Ad Valorem: $59,131,079.20 Prior Years: $451,923.57 YTDI Revenue: $59,583,002.77  Millions $100 $120  $40  $60  2024.137 Pending Releases and Refunds  The assessor has reviewed the pending releases and refunds and was of the opinion that these findings are in order. Supporting documentation is on file in the County Assessor's Office. These pending release and refund requests are submitted for approval by the Henderson County  Board of Commissioners.  Type:  Amount: $2,420.94 112.46  Total Taxes Released from the Charge Total Refunds as a Result of the Above Releases  Motion: Imove the Board approve the Combined Release/Refund Report as presented.  County Financial Report and Cash Balance Report - October 2024  The October 2024 County Financial and Cash Balance Reports were provided for the Board's The following were explanations for departmentsprograms with higher budgets to actual Dues/Non Profits - timing of2 2nd quarter disbursement of annual appropriations Administrative Services timing of payment ofboard-approved expenditures Finance timing of payment ofboard-approved expenditures Tax Collector - the timing of payment of board-approved expenditures Legal - timing of payment of board-approved expenditures Information Technology - timing of payment ofboard-approved expenditures Emergency Management - the timing of payment ofboard-approved expenditures Wellness Clinic - the timing of payment ofb board-approved expenditures Rescue Squad - payment of 1st quarter Board appropriations Planning - timing of payment of board-approved expenditures Mental Health Services timing of payment ofboard-approved expenditures  review and approval.  percentages for the month ofOctober:  Approved: December 6, 2024    December 2, 2024  5  Juvenile Justice Programs - timing of payment of board-approved expenditures Public Library - the timing of payment of board-approved expenditures Recreation = timing of! payment of board-approved expenditures  Public Education -1 payment of4of10 annual appropriations made to the public school Non-departmental - timing of payment orboard-approved expenditures and recognition of Year-to-date net revenues under the Expenditures for the Emergency Telephone System (911) Year-to-date Net Revenues under Expenditures for the Public Transit Fund were due to the Year-to-date Net Revenues under Expenditures for the Misc. Other Governmental Activities Fund were due to the timing ofi fines and forfeitures disbursements in FY25. Year-to-date Net Revenues under Expenditures for the Solid Waste Fund were due to the timing ofcollection receipts and disbursements of approved expenditures in FY25. Year-to-date Net Revenues under Expenditures for the Justice Academy Sewer Fund were due to the timing of collection receipts and disbursements of approved expenditures in FY25.  system  Occupancy Tax Collections  Fund were due to the utilization of fund balance appropriations for FY25.  timing of disbursements in FY25.  MENDERSONCOUNTY FINANCIALF OCTOBER2 REPORT 2024  BUDGET CURRENTI MONTH  SUSED ENCUMBRANCESI TOTAL  GeneralFund Goveming Body Dues/NonP Elections egal  12.30 2.,404.08 47.427,032.22 23.0% 217.051.23 .152.13  TODATE  TOTAL 23,006.20 230.281.27 713.206.04  lons  Servioes Clinio vices Planning Sie H&CCI Block Gran Socials Assist Veterans Services Programs Library Recreation Debts Service  278.71  .741,00 10.290.17  42.055.08 746.340.87 7.500.00 3,134,492.51  284.00  3.830 .050.3  TOTAL over der)Exp.  Approved: December 6, 2024    December 2, 2024  BUDGET CURRENT MONTH YEART TODATE %USED ENCUMBRANCES TOTAL  SOCIAL SERVICES Staff Operations Federal & State Programs GeneralA Assistance EDUCATION Schools Current/Capital! Expense Blue Ridge Community College DEBT: SERVICE Public Schools Blue Ridge Community College Henderson County INTERFUNDI TRANSFERS CapitalProjects! Fund CapitalF Reserve Fund FireD Districts Fund HCPSMRTS BRCCN MRTS Soldy Waste FIRE DISTRICTS FUND Revenues: Expenditures: NetR Revenues over (under)E Exp REVALUATOMRESERVEF FUND Revenues: Expenditures: NetR Revenues over( (under)E Exp EMERGENCY TELEPHONE: SYSTEM (911)FUND Revenues: Expenditures: NetF Revenues over( (under)E Exp PUBLIC TRANSIT FUND Revenues: Expenditures: NetRevenues over( (under) Exp MISC. OTHER Revenues: Expenditures: NetR Revenues over (under) Exp ARPAFUND Revenues: Expenditures: NetR OPIOIDFUND Revenues: Expenditures: Net Revenues over( (under)E Exp  19,855,443.00 3,642,980.00 100,000.00 TOTAL 23,598,432.00 1,741,994.88 36,628,000.00 3,700,300.00 5.750,000.00 TOTAL 42,378,000.00 4,179,466.67 11,506,933.00 3.218,681.00 7.986,502.00 TOTAL 22,712,206.00 200,000.00 1,254,010.00 60,000.00 3,603,500.00 2,301,750.00 325,682.00 TOTAL 7,745,851.00  1,495,800.94 244,855.68 1.338.28 479,166.67 6,237.79 6,757.60 12,995.39 8,333.33 104,576.58 5.000.00 300,201.67 191,812.50 27,140.17 637,154.25 814,471.26 (309,606.43) 127,976.30 81,877.02 46,099.28 26,680.52 5.444.87 21,215.65 5,888.66 57.304.12 (51,415.46) 41,583.98 37,688.90 3,897.08 63,141.62 63,141.62 137,192.33 1,483.60 135,728.73  6,718,315.41 33.8% 074,701.52 26.8% 10,674.88 10.7% 7,703,691.79 14,876,200.00 40.1% 1,916.668.68 33.3% 16,592,866.68 2.215,513.15 19.3% 536,708.78 16.7% 1,087,272.72 13.6% 3,839,492.63 66,688.68 33.3% 418,306.32 33.3% 20,000.00 33.3% 1,201,106.68 33.3% 787,250.00 33.3% 108,560.68 33.3% 2,581,950.36 4.692,849.09 27.8% 3,886,034.92 23.0% 806,815.07 524,735.70 37.1% 407,453.92 28.8% 117,281.78 84,091.87 23.3% 147.343.10 40.8% (63,251.23) 41,306.45 2.9% 199,688.25 14.1% (158,379.80) 127,004.73 11.8% 165,898.32 15.4% (38,803.59) 388,265.73 0.0% 0.0% 366,265.73 209,889.45 20.1% 85,950.12 8.2% 123,910.33  42,855.08 6,760,970.49 974,701.52 10.674.88 42,655.08 7,746,346.87 14,676.200.00 1,916,666.68 16,592,866.68 2,215,513.15 538,708.76 1,087.272.72 3,839,492.63 66,668.68 418,308.32 20,000.00 1,201,188.68 767,250.00 108,580.68 2,581,950.36 4,692,849.99 3,886,034.92 806,815.07 524,735.70 84,091.87 147.343.10 (63,251.23) 41,308.45 127,004.73 165,898.32 (38,803.59) 386,265.73 366,265.73 209,880.45 2,600.00 88,550.12 (2,600.00) 121,310.33  BUDGET CURRENTI MONTH YEART TOD DATE %USED ENCUMBRANCES TOTAL  16,876,915.00 16,876,915.00 1,124.077.89 1,413,172.00 1,413,172.00 360,045.00 380.045.00 1,418,890.00 1,418,890.00 1,074,000.00 1,074,000.00  173,380.00 580,833.02 (173,380.00) (56,098.22)  94,685.00 204,371.25 (94,685.00) (253,064.80)  over (under)E Exp  1,044,793.00 1,044,793.00  BUDGET CURRENT MONTH PROJECTTODATE %USED ENCUMBRANCES TOTAL  EDNEYVILLEE ELEMEMTARYSCHOOL PROJECT(1702) Revenues: Expenditures: NetF Revenues over (under)E Exp Revenues: Expenditures: NetF Revenues over( (under) Exp  26,854,136.00 26,854.136.00 60,442,694.00 60,442,694.00  62.21 62.21 241,020.00 (241,020.00)  27,950,197.00 104.1% 26.950.829.76 100.4% 990,367.33 81,181,021.22 101.2% 61,181,020.37 101.2% 0.85  27,950,197.00 26,950,820.76 990,367.33 61,181,021.22 61,181.020.37 0.85  HENDERSONVILLE HIGH SCHOOL PROJECT-2019 (1903)- PROJECTO COMPLETE  Approved: December 6, 2024    December 2, 2024  7  BUDGET CURRENT MONTH YEART TODATE %USED ENCUMBRANCES TOTAL  SOUDV WASTELANDFILL FUND Revenues: Expenditures: NetRevenues over (under)E Exp JUSTICEA ACADEMYSEMERFUND Revenues: Expenditures: NetF Revenues over (under)Exp ETOWAHSEWERF FUND Revenues: Expenditures: Net Revenues over( (under)E Exp  17,443,959.00 17,443,959.00 1,568,928.15 70,006.00 70,008.00 182,602.00 182,602.00  895,379.65 (673,548.50) 6,683.08 45,111.12 (38,428.04) 109,219.56 8.548.73 10,672.83 HENDERSON COUNTY CASHBALANCE REPORT OCTOBER 2024 Debits Revenues 1,345,434.47 732,866.36 902,256.58 300,291.67 191,812.50 1,216,581.63 19,574,519.57  3,220,081.51 18.5% 4,428,376.49 25.4% (1,208,294.98) 30,408.20 43.4% 58,003.41 80.0% (25,597.12)! 34,176.82 18.7% 17,992.34 9.9% 16,184.48  3,220,081.51 30,406.29 56,003.41 (25,597.12) 34,176.82  9.413.345.77 13.841.722.28 (9,413,345.77) (10,621,640.75)  40.126.00 58,118.34 (40,126.00) (23,941.52)  09/30/24 Beg. Cash Balance 44,145,374.56 18,629,292.61 1,521,789.14 7,364,728.72 2,837,118.72 1,646,198.26 160,697,844.85 10/31/2024  10/31/24 Ending Cash Balance  (Credits) Expenditures  Fund/sl General SpecialRevenue CapitalProjects Enterprise HCPS- Maint. andR Repair BRCC-Maint. andR Repair Custodial Total Totalc cash available: asof  84,553,342.84 $ 14,885,276.36 $ (17,320,300.94) $ 82,118,318.26  (1,305,717.40) $ 44,185,091.63 (1,787,087.94) $ 17,575,071.03 (1,603,530.82) $ 820,514.90 (1,152,437.51) $ 1,710,342.38 (23,169,074.61)  $ 7,665,020.39 $ 3,028,931.22  157,103,289.81  Motion: Imove that the Boardo/Commisioners: approve the October 2024 County  Financial Report and Cash Balance Report as presented.  Henderson County Public Schools Financial Reports - October 2024 Restricted Funds Report was provided for the Board's information.  The Henderson County Public Schools October 2024 Local Current Expense Fund/Other  HENDERSON COUNTY PUBLIC SCHOOLS LOCAL CURRENT EXPENSE/OTHERI RESTRICTED FUNDS as of October 31, 2024 FUND Budget YTD Activity  LOCAL CURRENT EXPENSE OTHERI RESTRICTED  FUND Budget YTD Activity $ 8,000 $ 3,244 1,535,274 455,316 162,000 30,994 55,000 20,805 789,549 460,437 386,535 10,811  REVENUES: 3200 State Sources 3700 Federal Sources-Restricted 3800 Other Federal-ROTC 4100 County Appropriation 4200 Local- -Tuition/Fees 4400 Local-Unresticted 4800 Local-Restricted  Combined Total 3,244 455,316 30,994 14,151,200 13,151,200 20,805 254,723 460,437 10,811  Prior YTD 8,000 189,555 10,566 16,230 270,910 359,226 12,180  35,378,000 14,151,200 1,573,928  650,000 180,491 119,689 74,232  4900 Fund Balance APpropnated/ransier. Froms school  TOTAL FUNDE REVENUES $37,601,928 $14,331,691 $3,056,047 $1,055,839 $15,387,530 $14,017,867  Approved: December 6, 2024    December 2, 2024 System-Wide Support Services: 6100 Support and Development Services 6200 Special Population Support 6300 Alternative Programs 64001 Technology Supports Services 6500 Operational Supports Services 6600 Financial andH Human Resource Services 6700 Accountability! Services 6800 System-Wide! Pupils Support Services 6900 Policy, Leadership andF Public Relations Total System-Wide! Support Services Ancillary Services: 7100 Community Services 7200 Nutrition Services Total Ancillary Services Non-Programmed Charges: 8100 Paymentst to Other Governments 8400 Interfund Transfers 8500 Contingency 8600 EduvcatomnaifFoundaions Total Non-Programmed Charges  8  476,045 $ 122,164 $ 6,500 $ 7,730 83,079 24,303 79,300 19,385 133,792 38,719 1,320,441 451,442 2,567,894 1,897,666 214,261 63,925 405,903 138,934 757,913 258,865 269,327 $ 2,632,250 $ 522,939 $  129,893 43,688 39,150 473,378 65,125 139,473 272,484 1,142 $ 522,939 $ 706,156 6,062 8,884  111,981 117,244 30,985 545,833 68,154 117,475 271,282 25,970 8,683 976  431 431 44,139 21,937 1,200 1,200 538 538 14,420 13,620 6.323 $ 10,000 6,062 48,727 35,535 8,884  9,883,217 2,614,361 446,782 104,449 2,718,810 2,673,150 $15,842,545 $ 5,610,378 S 688,561 $ 199,008 $5 5,809,386 $5538.,493 $ 388 $ 388 $ 177,881 $ 52,271 $ 52,658 $ 46,667 S 269,714 S 1,530 S 184,204 $ 52,271 $ 53,800 $ 72,637  95,252 29,718 1,927,384 1,602,389  1,142  $ 2,632,250S 522,939 S 94,262 14,946 $ 537,885 $ 715,816  TOTAL FUNDE EXPENDITURES $37,601,928 $9 9,599,923 $3,056,047 $ 872,660 $10,472,583 $9,942,691  2024.138 2025 Proposed Schedule of Meeting Dates  The proposed schedule ofr meeting dates 2025 was provided for the Board's S approval.  Proposed Schedule of Regular Meeting Dates  Monday, January 6, 2025 Monday, February 3, 2025 Wednesday, February 19, 2025 Monday, March 3, 2025 Wednesday, March 19, 2025 Monday, April 7,2025 Wednesday, April 16, 2025 Monday, May 5, 2025 Monday, June 2, 2025 Wednesday, June 18, 2025 NO FIRST MONDAY MEETING INJULY Wednesday, July 16, 2025 Monday, August 4, 2025 Wednesday, August 20, 2025 Tuesday, September 2, 2025 Wednesday, September 17,2025 Monday, October 6, 2025 Wednesday, October 15, 2025 Monday, November 3, 2025 Wednesday, November 19, 2025  (Budget Workshop) Wednesday, January 15, 2025  (Budget Retreat) Wednesday, May 21, 2025  Approved: December 6, 2024    December 2, 2024 Monday, December 1,2 2025  9  NO THIRD WEDNESDAY MEETING IN DECEMBER  Motion: Imove the Board approve the proposed meeting dates for 2025.  Notification ofVacancies the next agenda under Nominations."  The Notification of Vacancies was provided for the Board'sir information. They will appear on  1. Hendersonville Planning Board-1vac. 2. Juvenile Crime Prevention Council-Ivac.  Position #3 Position # 23  2024.139 Budget Amendment - Position Requests and Budget Amendment  The Solid Waste 3rd Transfer Station Bay project is anticipated to be completed in April 2025. To prepare for the completion and operation of the third bay, Solid Waste requires an additional spotter truck and loader tamp and additional staff for heavy equipment operation. The lead time toj purchase the equipment is approximately five months. Additional staff will require training time Staffrequested to appropriate retained earnings of $240,000 to fund the purchase oft the equipment  oft two to three months before the third bay is operational.  and hiring of two additional staff members.  Motion: Imove the Board approve the addition ofiwo Solid Waste staff Ifurther move the Board approve appropriating retained earnings and the Budget Amendment as  presented.  2024.140 Mills River Tower Pricing Approval  During the September 3rd meeting of the Board of Commissioners, the Board selected SC TEL- CON as the most qualified respondent for the County's RFQ for the design-build process for the Mills River Tower replacement project. The Board authorized staff to proceed with the design and pricing phase oft the project. Site visits were conducted in September, and the vendor has been The southeast telecommunications industry has experienced significant impacts from Hurricane Helene, which has impacted the ability to have a complete contract ready for the Board's approval on December 2nd. Staff requests approval for staff to execute a contract and encumber the project  working with the tower manufacturer and subcontractors on pricing.  before the December 315t deadline for ARPA project encumbrances.  Approved: December 6, 2024    December 2, 2024  10  HENDERSON COUNTY Forge Mtn  SiteN Name:  Material  Labor $ 2,500.00 $ 4,750.00 $ 4,950.00 $ 35,950.00 12,500.00 $17,850.00 4,150.00 8,000.00 90,650.00  Total $ 5,000.00 9,500.00 9,900.00 S 71,900.00 $ 25,000.00 $ 92,800.00 35,700.00 8,300.00 16,000.00 274,100.00  MoiseSensalconstos. $ 2,500.00 Civils SiteWork_ $ 4,750.00 Grounding/Ekctrizal $ 4,950.00 Tower Foundation_ $ 35,950.00 Tower Erection+Crane S 12,500.00 Tower Mount Cost_ $ 92,800.00 Demo+ Transport_ $ 17,850.00 SiteF Fencing_ $ 4,150.00 Verizon GroundWork 8,000.00 Misc1 Misc2_ SkeCiilTotals $183,450.00  Date:_ Monday, December 2, 2024  Submitted By:_ Contractor: Contractor Phone#:_  M. LeePowellV South Carolina Tel-Con 864-322-5743  Contractor Address:_ POBox 27131 Greenville, SC2 29616  Motion: I move the Board approve the design build construction costs of $274,100 submitted by SC TEL-CON for the Mills River Tower Replacement and authorize Henderson County. staff to proceedwith the execution ofa contract for the work. 2024.141 Budget Amendment Restricted Fund Balance Sheriff's Department The Sheriff's Office requested the Board approve a budget amendment which appropriates fund balance for unused restricted donations for Sheriff's Office special funds. These funds are derived from restricted donations, to be used for specific programs, including Pawnbroker, K-9, VIP, STAR, Shop With A Hero, and Honor Guard. The amounts reflected in the budget amendment are the unspent portion of restricted donations from FY2024, to be carried over and spent in  FY2025.  Motion: Imove the Board approve the budget amendment to appropriate restrictedfund  balance for the special Sheriff's Office accounts as presented.  Apple Country Public Transit Feasibility Study  On September 6, 2022, the Board voted to approve the consulting firm AECOM to perform the feasibility study for Apple Country Public Transit, which the County owns. Apple Country Public Transit had never been analyzed prior to this study. The Transportation Advisory Committee (TAC) discussed the study at two meetings and instructed staff to meet with affected municipalities. Those discussions were completed in the summer of 2024. At its September 18th meeting, the TAC voted unanimously to recommend the plan for BOC acceptance. The study employed as steering committee appointed by the Board ofCommissioners. The steering committee's number one objective was to determine how to increase the frequency of transit service, as they believed it would expand ridership. Much of the consultant's recommendations  Approved: December 6, 2024    December 2, 2024 hinged on that objective.  11  Thes study also evaluated the current level ofservice, thes safety ofexisting stops, and recommended service upgrades over ten years based on community and rider feedback. Ifthe Board accepts the study, none of the recommendations are required to be implemented. Planning Department staff may request the Board to consider different aspects of the plan in the future, and the Board would  vote on those decisions independently of this study.  Motion: Imove to accept the Apple Country Transit Feasibility Study  Temporary Transit Service Extension and Fare Change  Apple Country Public Transit (ACPT) is the only fixed-route transit system in the county. Many people depend on the system for their daily commute and as a primary transportation method. Hurricane Helene caused many Henderson County residents to lose their vehicles, increasing dependence on the transit system. In response to the federally declared natural disaster, the Currently, ACPT operates Monday - Friday, 6:30. AM to 6:30 PM. Working within the confines ofour contractor's capacity, the Department suggests expanding service by one hour daily, ending at 7:30 PM. Additionally, to assist our struggling community, the Department proposes to remove transit fares from the fee schedule effective December 3, 2024. The extended service will begin when WNCSource has sufficient capacity (expected at the beginning of2025)and will run through the end of the fiscal year, barring any issues that would be cause for early termination. Both measures will be temporary to comply with Federal Transit Administration regulations. The Board may decide during their FY2026 budget meetings whether they wish to continue these measures. Motion: Imove the Board approve the emporary. service expansion and the temporary waiver oftransit) fares effective December. 3, 2024, throughJune 30, 2024. Literacy Connection - Request to Remove FY25 Funding Restrictions  Planning Department proposes two temporary alleviation measures.  During the Board of Commissioners meeting held on June 19,2024, the Board approved the FY25 Budget Ordinance, which included provisions for funding local non-profit organizations. The Literacy Connection was allocated $15,000 to be distributed in equal quarterly installments. This allocation was based on their submitted funding application, in which they outlined plans to utilize In response to Hurricane Helene's damage, staff received notification that their facilities had sustained catastrophic damage, resulting in the complete loss of their building and essential equipment. Furthermore, the disaster significantly heightened the needs ofthe families they serve. Consequently, the Literacy Connection seeks approval to use funding to restore basic services and  the County's support for their youth program with specific, targeted objectives.  infrastructure instead of the originally stated programs.  Motion: Imove the Board allow the Literacy Connection to utilize County, funding in FY25 to restore basic services and infrastructure instead ofpreviously specified! programs.  Offer to Purchase Tax-Foreclosed Property - Final Consideration  The Board gave provisional acceptance to Denisa Stroud's offer to purchase Lot 160 of Block II, Sheet 3, of High Vista Subdivision at a previous meeting. The notice of the possibility of upset bids was published in the Hendersonville Lightning on November 13, 2024. No upset bids have  been received.  Approved: December 6, 2024    December 2, 2024  12  Under Board procedures and the General Statutes, once provisional acceptance has occurred, and ai final bid after all upset bids is received after published notice, the matter comes back before this  board for a final decision on the sale.  Motion: Imove that the Board give final acceptance to the offer of Denisa Stroud to purchase the parcel described ini this agenda item, and direct that the Chairman and. staff execute a quitclaim deed for this property upon payment of all. sums due under this offer.  2024.142 Policy Statement Pursuant to N.C. Session Law 2024-26 (Add on)  AI recently passed session law requires the Board to adopt a policy that complies with the newly adopted law prohibiting pornography on County computers or networks. The current policies covering County employees already prohibit this. The adoption of this makes clear the Board's acknowledgment that S.L. 2024-26 covers elected officials and applies the Board's existing  prohibition to appointed officials.  HENDERSON COUNTY BOARD OF COMMISSIONERS POLICY PROHIBITING VIEWING OR SAVING PORNOGRAPHY ON COUNTY GOVERNMENTNETWORKS AND DEVICES  Whereas, in 2024 the North Carolina General Assembly enacted N.C. Gen. Stat. $143- 805, as a part of Session Law 2024-26, requiring counties to adopt a policy prohibiting employees, elected officials, and appointees from viewing pornography on county government  networks and devices; and  Whereas, the policy adopted in accord with $143-805 must state the disciplinary action to Whereas, for actions involving County employees, only the policy ofthe County Manager, concurred with by the County Attorney, is required for the same, but action oft the Board ofCommissioners is required to require disciplinary action again appointed officials for  be taken for a violation oft the policy; and  violations; and  Whereas, the Board acknowledges that, pursuant Session Law 2024-26, all the  prohibitions contained herein apply to elected officials as well.  BE: IT HEREBY RESOLVED AND ORDAINED that the Henderson County Ethics Code is amended to comply withl N.C. Gen. Stat. $143-805 by adding ai new subsection 6., as set  forth below:  6.  Viewing or Saving Pornography Prohibited.  (a) The following definitions are supplemental to the definitions set out in  subsection cand are specific to this subsection 6.:  (1) Appointees shall mean persons appointed by the board of  Approved: December 6, 2024    December 2, 2024  13  commissioners to serve on any board, commission, committee, authority or similar  body created by the board of commissioners or by statute.  (2) Devices shall mean any cellular phone, desktop or laptop computer, or (3) Network shall mean any of the following, whether through owning, leasing, maintaining, or otherwise controlling: the interconnection of communication systems with a computer through remote or local terminals, or a complex consisting oftwo or more interconnected computers or telephone switching equipment; internet  other electronic equipment capable ofc connecting to a network.  service; and internet access.  (4) Porography shall mean any material depicting sexual activity with  material and sexual activity to mean as defined in G.S. 14-190.13.  (b) The viewing or saving of pornography by employees, elected officials, or appointees on or to any device owned, leased, maintained, or otherwise controlled (c) Any employee, elected official, or appointee with pornography saved toa device owned, leased, maintained, or otherwise controlled by the county shall remove, delete, or uninstall the pornography no later than January 1, 2025. (d) Employees of Henderson County are prohibited from viewing pornography (e) This subsection shall not apply to an official or employee that is engaged in any of the following activities in the course ofthat official's or employee's official  by the county is prohibited.  on any network ofthe county.  duties:  (1) Investigating or prosecuting crimes, offering or participating in Iaw enforcement training, or performing actions related to other law enforcement  purposes.  (2) Identifying potential security or cybersecurity threats.  (3) Protecting human life.  (4) Establishing, testing, and maintaining firewalls, protocols, and (5) Participating in judicial or quasi-judicial proceedings.  otherwise implementing this section.  (f) Annually, no later than August I and in the format required by the State Chief Information Officer, the county's Director ofInformation Services shall report  Approved: December 6, 2024    December 2, 2024  14  information to the State Chief Information Officer on the number ofi incidences of unauthorized viewing or attempted viewing of pornography on the county's network; whether or not the unauthorized viewing was by an employee, elected official, or appointee of the county; and whether or not any oft the unauthorized viewing was on adevice owned, leased, maintained, or otherwise controlled by the county. (g) Any violation of this subsection 6. by an employee who is not an elected official or appointee shall constitute grounds for disciplinary action up to and including termination of employment. Any violation oft this subsection by an appointee shall constitute grounds for removal of the appointee from office.  Unanimously adopted this on the second day of December 2024.  Motion:: Imove that the Board adopt the proposed additional section to the Board's  Ethics Policy.  DISCUSSION  Henderson County Audit Results for the Fiscal Year Ended June 30, 2024  Daniel Gougherty, Director with our external audit firm Cherry Bekaert, provided al briefexecutive summary presentation of the audit results and financial statements for the fiscal year ended June The Annual Comprehensive Financial Report (ACFR) and Compliance Letters have been submitted to the Local Government Commission (LGC) for final approval as required. The final report will be placed on the County's website for the public to view and in the public  30,2024.  library's main branch.  Agenda  Clients ServiceT Team Results oftheA Audit Intemal Control Communication Internal Controla and Compliance Corrected and UncorrectedN Misstatements QualitativeA Aspects ofAccounting Practices Independence OtherF Required Communications OtherN Matters Upcoming FinancialF Reporting Changes  Henderson Counly, North Carolina Audit Executive Summary December2,2024  CherryBekaert"  Client Service Team BouardalCounty DanielI.Goughary Cormissioners ErpymertDider  SerondReiewsr ApilAdams DeWamaColeman Seriallray Chis.Minneci Senaksscafe StveSiegel FimldricDredr  Chasonlulins Associele  Approved: December 6, 2024    December 2, 2024  15  Results of the Audit We have audited the financial statements of Henderson County, North Carolina ("County) as of and for the year ended. June: 30, 2024, in with generally accepted auditing standards and Government, Auditing Standards and have issued our report November 19, 2024. We have also audited the County's compliance with the types of compliance requirements described in the OMB Compliance. Supplement and the. Audit Manual for Governmental Auditors in North Carolina that could have a direct and material effect on each of the Plan County's major federal and state programs for the year our report November 19, 2024. We have issued unmodified opinions on the financial statements: and on compliance related to the single with Uniform Grant Guidance and the State Single Audit Implementation. Act. Internal Control Communication  Communicate)  Express Opinion  Perform  June 30, 2024. We have performed in  In planning and performing our audit, we considered internal control over financial reporting ("internal control") as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements and on compliance with Uniform Guidance and the State Single Audit Implementation Act, but not for the purpose of expressing an opinion on the effectiveness oft the County's internal control. Accordingly, we do not express an opinion Our consideration of internal control was for the limited purpose described in the preceding paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and, therefore, material weaknesses or significant deficiencies may exist that were not identified. In addition, because ofi inherent limitations in internal control, including the possibility ofr management: override of controls, misstatements due to error or fraud may occur and not be detected A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or  on the  oft the County's internal control.  by such controls.  detect and correct, misstatements on at timely basis. Internal Control Communication  Material Weakness  Significant Deficiency  A material weakness is a deficiency, or a A significant deficiency is a deficiency, or a  combination of deficiencies in internal control, such that there is a reasonable possibility that a material misstatement of the County's financial statements will not be prevented, or detected and corrected, on at timely basis.  combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.  Wer noted nor material weaknesses.  Internal Control and Compliance  Single Audit (Grants)  Highway Planninge and Construction Medicaid Cluster Coronavirus State andLocal Fiscall Recovery Funds  Federal Major Foster Care andAdoption  Programs  Verified Compliance with Grant Agreements  State Programs  DSS Crosscutting Public School Building Capital Fund Lottery Juvenile Crime Prevention Council Programs  Major State Foster Care Maximization  Approved: December 6, 2024    December 2, 2024  16  Corrected and Uncorrected Misstatements  Professional standards require us to accumulate all misstatements identified during the audit, other than thoset that are clearly trivial, and communicate them tot the appropriate level of management.  Corrected Misstatements  None noted.  Corrected and Uncorrected Misstatements  Uncorrected Misstatements  Thef following summarizes uncorrected misstatements oft the financial statements. Management has determined that their effects are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. The uncorrected misstatements or the matters underlying them could potentially cause future period financial statements to be materially misstated, event though, in ourj judgment, such uncorrected misstatements are Understatement of currenty year beginning fund balance/net position and overstatement of current year revenue in nonmajor governmental funds and governmental activities ofa approximately: $1,167,000 related to recording opioid settlement fundingt thats should have been recognized: as revenuei inf fiscal Overstatement ofc current year beginning fund balance anda and overstatement of current year expenditures of approximately $88,000. This is related toi improvement; guarantees thats should be recorded as al liability rathert thani income and expenditure ont thes statement of revenues, expenditures Qualitative Aspects of Accounting Practices  immaterialt tot thef financial statements undera audit.  year 2023.  and changes in fund balances int the prior year. As part of our audit, we evaluated the County's identification of, accounting for, and disclosure of the County's relationships and transactions with related parties as required by professional standards. Wer noted none oft thef following: Related parties or related party relationships or transactions that were previously undisclosed to us; Significant related party transactions that have not been approved in accordance with the County's policies or procedures or for which exceptions to the County's policies orp procedures were granted; Significant related party transactions that appeared to lack al business purpose; Noncompliance with applicable laws or regulations prohibiting or restricting specific types of related party transactions; and Difficulties in identifying the party that ultimately controls the County.  Related Party Relationships and Transactions  Significant and Unusual Transactions  Significant Estimates  Financial Statement Disclosures  Qualitative Aspects of Accounting Practices  Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the County are describedi in Note 1tot thef financial statements. No new accounting policies were adopted, and the application ofe existing policies was not changed during the year. We noted no inappropriate accounting policies or  Related Party Relationships and Transactions  Significant and Unusual Transactions  practices.  Financial Statement Disclosures  Significant Estimates  Approved: December 6, 2024    December 2, 2024  17  Qualitative Aspects of Accounting Practices  We noted no transactions entered into by the County during the year for which there isal lack ofa authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper For purposes of this presentation, professional standards define significant, unusual transactions as transactions that are outside the normal course of business for the or that otherwise appeart to be unusual due totheir timing, size, or nature. We noted no significant, unusual transactions during ours audit.  Related Party Relationships and  Significant: and Unusual  period.  Significant Estimates  Financial  Qualitative Aspects of Accounting Practices  Accountinge estimates are ani integral parto ofthef financials statements prepared by management and are based on knowledge and experience about past and current events and assumptions about future events. Certaina accountinge estimates are particularly sensitive because of their significance to thef financial statements andbecausec ofu thep possibilityt that future eventsa affecting them may differ significantly from those expected. The most sensitive aflectingt thef financials Allowancef for doubtfula accounts; expense (estimated usefull liveso ofa assets); Pensions, OPEB, and IBNR liabilities and related deferred outflows andi inflows; Landfill liability; and Lease and SBITAI liabilities, receivables andr related right tou use assets ando deferredi inflows. estimate of the identified above estimates are based on the analysis of historical collection trends, estimated useful life of the asset, actuarial valuations, engineers for closure and post-c closure costs, andt the County's incremental borrowing rate and SBITA or leaset terms. We factors and assumptions used to develop these estimates in determining that it is reasonable in to the takona asawholo. The financial statement consistent, ando clear.  Related Party Relationships and Transactions  Significant and Unusual Transactions  were:  Financial Statement  Significant Estimates  the key  Qualitative Aspects of Accounting Practices  are neutral,  Rolated Party Relationships and Transactions Significant Estimates  ignificant and Unusdal actions  Independence Considerations  Nonattest: Services Preparationafthet Data CollectionF Form. For all nonattests wep perform, youare responsible for designating a competent employee looversee thes services, make any management. decisions, perform any management functions relatedte lothes services, evaluate the adequacy of the services, and accept overall responsibility for the resulls of thes services.  Independence Conclusion We arer not aware of any other circumstances or independence. relationships that create threats toE We are met our other ethical accordance with the relevant ethical requirements relatingt tooure audit.  of the County and have  in  71  Approved: December 6, 2024    December 2, 2024  18  Other Required Communications  Difficulties Encountered Disagreements with Management Auditor Consultations Management Representations  We encountered nos significant difficulties in dealing with management in performing Includes disagreements on a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements ort thea auditor's report. Wea arep pleaset to report thatr no such disagreements Wer noted no matters that are difficult or contentious for which the auditor consulted Wel haver requested certain representations from management that are includedi in the management representation letter dated November 19, 2024.  and completing our audit. arose during the course of oura audit. outside thee engagement team.  Other Required Communications  Management Consultations Other Findings orl Issues Fraud and Illegal Acts Going Concern  Ins some cases, management mayo decidet to consult with other accountants about auditing anda accounting matters, similart to obtaining a "second opinion" ond certain situations. To our knowledge, therev were nos sucho consultations with other accountants. Weg generally discuss ay variety of matters, includingt thea application ofa accounting principles and auditing standards with management each year. These discussions occurredi int then normald course of ourp professional relationship ando our responses were As oft the date oft this presentation, nof fraud, illegal acts, or violations ofl laws and Noe events or conditions noted thati indicate substantial doubt about the County's ability  notac condition to our retention. regulations noted. toc continue asag going concem.  Other Matters  Required Supplementary Information Wea applied certain! limited procedurest to the required supplementary information (RSI) that supplements the basic financial statements. Our procedures consisted of inquirles of management regarding ther methods of preparing the information and comparing the information for consistency with management's responses 10 our Inquiries, theb basic financials statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any were not engaged! tor report ont the other supplementary information which accompanies the financial statements, but whichis notRSI.  Supplementary Information With respect to the supplementary information accompanying the financial statements, we made certain inquiries ofmanagement: ande evaluatedthefr form, content, and methods of preparing the information to determine that the informationc complies withu.s. generally accepled accounting principles. the methodo of preparing ithas not changed from the prior period, and the informationi is appropriate and complete inrelation to our audit of the financial statements. We compared and reconciled the supplementary information to1 theu underlying accounting records used to prepare the financial statements or t0 the financial statementst themselves.  Annual Report The Organization's audited financial statements are Included In #s annual report. Wedor not have and obligation to perform any procedures to corroborate the other information contained in the annual report. However, we read the other information and considered whether such information, or the manner of its presentation, was materially inconsistent with that appearing in the financial statements. Nothing came to our attention that caused us to believe that such information, or ts manner of presentation, was materially inconsistent with that appearing int the financials statements.  ont the RSL We  Approved: December 6, 2024    December 2, 2024  19  Upcoming Financial Reporting Changes  These standards will be effective for the County in the upcoming years and may have a significant impact ont the County's financial reporting. We would be happy to discuss with management the potential impacts on the County's financial statements and how we may be able to assist in thei implementation: efforts.  GASB 101 - Compensated Absences GASB 102 - Certain Risk Disclosures GASB 103 - Financial Reporting Model Improvements GASB 104 - Disclosure of Certain Capital Assets  71  LGC Performance Indicators - Water and  Sewer  Performance Indicator  2024 Minimum Threshold ($1,120) Greater than $-0- 0.34 Remaining useful life of asset greatert thand or equalt to. .50  Operating neti income (loss) excluding depreciation+ debt Water and Sewer CapitalA Assets Condition Ratio  service principal  Local Government Commission Performance  Indicators Audit Report-  r Noc otherf financial performance indicators of concern noted. Budgetedt taxI levy fort the General Fundo didr noth have more than: 3%1 uncollected - Positive General Fundt totalf fund! balance E Effective pre-audit process toa avoid pervasive! budgety violations V Nol late debts service payments ord debto covenant compliance issues V Nos statutory violationv withinA Annual Comprehensive Financial Report - Response tot thel Local Government Commission due 600 days fromt thec date oft this meeting.  General Fund Revenues- Budget July 1, 2023- - June 30, 2024  General Fund Expenditures July 1,2 2023 - June 30, 2024  Annual revenues Other financing sources: Subscription liabilities issued $ Transfers in Appropriated Fund Balance $ 24,327,052 Total budgeted revenues General Fund Summary Report July 1,2023- - June 30, 2024  $ 182,653,064 566,258 $ 2,137,683 $ 209,684,057  Budgeted expenditures Actual expenditures  209,684,057 199,570,366  Net expenditures under budget $ 10,113,691  General Fund Revenues July 1,2023-June: 30, 2024  Total budgeted revenues (Includes FundE Balance) Actualr revenues Netr revenues under budget  $ 209,684,057  Actual 202,418,604 199,570,366  Totalr revenues  202,418,604 Totale expenditures  Net Change inF Fund Balance $ 2,848,238  $ -7,265,453  Approved: December 6, 2024    December 2, 2024  20  Fund Balance History  Net Change in Fund Balance  $18,500,000 $16,500,000 $14,500,000 $12,500,000 $10,500,000 $8,500,000 $6,500,000 $4,500,000 $2,500,000 $500,000  2004. 2005 2006 2007. 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024  Fund Balance Position General Fund  Questions Contacts  DanielT. AudtDiector Gougherty, CPA DeWannac Senior) Manager Coleman, CPA  Unassigned Fund Balance BOC Policy Level (Bdatariiepaar) Amount over BOC Policy (asofJuly1,2024)  $ 45,475,110 dgoughery@cbhcom $ 23,948,444 $ 21,526,666  leman@ebhcom  CherryBekaert"  Commissioner McCall thanked county staff for their hard work in making the audit successful and offered congratulations. for ajob well done. Vice-Chair Edney added that the county'sauditi reports had won awards year aftery year. Chairman Lapsley noted that the county had not changed the fund balance negatively since 2013, which is a testament to the staff and the Board for keeping Commissioner Egolf stated that the county's fund balance may be a resource to help in times of need should we need to draw on it due to circumstances such as the recent hurricane. There was additional discussion about state-required reserves and the purpose of fund balance.  expenditures in line.  Hurricane Helene Update  County Manager John Mitchell provided the Board with the most current information pertaining tol Hurricane Helene. Public Safety Director. Jimmy Brissie provided the following information.  FEMA Individual Assistance Total Registrations: Total Registrations 27,326 Owners Renters Flood! Policy Claims Total Awardedto! Date: $34,135,406 Transitional Housing! Program: Checked-In: 333 (738p people) Direct! Housing! Units 4 placed, 75in process  FEMA  18,998 8,278 268  Hurricane Helene Update 12/2/2024  Approved: December 6, 2024    December 2, 2024  21  Commissioner McCall noted that over 8,000 Henderson County residents had applied for NC'sD- Snap program. Brissie said Henderson County represented the state's most significant number of John Mitchell stated that anyone needing food or shelter should contact the county for assistance, as options were available. No one should be without food, shelter, or warmth during this period. Mr. Brissie noted that the individual in need would need to apply for assistance; a family member or friend may not apply on their behalf. FEMA caseworkers must talk to the applicant to evaluate thei individual's needs. Mr. Egolfnoted that resources were available at the county'sDRC, a"one- stop shop" for federal, state, and local resources as residents apply for disaster assistance. The  applicants. On average, applicants received $1000 through the program.  DRC is located at 2111 Asheville Highway, Hendersonville, NC.  Disaster Recovery Center BlueR Ridge Commons- 2111A Ashevile Highway, Hendersonville  McAbee Court Resource Hub Omnsbakayss tonongrofis, fooipantriesand prtTeswohaAress Tecauntiyswphirgwht MANNA Foodbanka andloaloodbanksb p68MASPIDLA panties. Dame.Aitltuodesb CmpAspTesAlepsta weeks.  Aone-s stops shopf forf federal, state and localr resources asr residents applyf for FEMAC disaster assistance. Two community resource fairs were heldy withr resultedinover 1,000 community members seeking assistancet from 571 local, state and federal resources. Disaster Fairis Recovery! LegalF plannedf for January4h  Mr. Brissie said a Disaster Recovery Legal Fair was scheduled for January 4 at the DRC. This would be for those in need of attorney assistance to work through assistance with a lease or  guidance with other storm-related legal issues. Homeowner Hazard Mitigation Grants  Debris Updates  Application PeriodOpenfor HomeownerHazard! Mitigation Grants Eligiblef Projects Include: Acquisitions, ResidentialE Elevations andlandSabilizalion In-PersonA ApplicationA Assistance: NCNS.FMIlRAR-DACM: week: Tuesday0 December31 1P-6P Wednesday! December4 48A-6P ThursdayD December 58 BA-6P  7,800k loads ofv vegelative debris hast beenc collecled (210KCY) 721 loadso of C&DH haveb been collecled (34k CY) Five collection siles arer now permitted, and additional siles are beingo developed! byt thec contractor,  Recreation Sports Complex - Vendor Selection  The Henderson County Board of Commissioners directed staffto design and develop aj plan for the construction ofa sports complex at Berkeley Mills Park as part oft their August 5th, 2024 meeting. Staff worked with Withers Ravenel to bring a design-forward that met the intent oft the Board ofCommissioners and the public for this new sports complex. The design included keeping the historic baseball stadium, adding four soccer fields, a new: softball field, six tennis  courts, and the associated accessories used for those amenities.  Approved: December 6, 2024    December 2, 2024  22  The project was let for bid in early November with bids due on November 25th.  Base Bid Includes- Grading for entire site Parking Completed Soccer Facilities Not Included- Completed Softball Facility Completed Tennis Facilities Lighting Restroom, Maintenance, and Shade Structures  Assistant County Manager Chris Todd said that five bids were received. A low bid was received, and Withers Ravenel certified the bid response. Tennoca Construction Company was the low- qualified bidder; their base bid price for this project was $10,068,000. The base bid cost was purely for the construction. There would be additional costs in the construction administration of about halfar million dollars. There would also be soft costs with design, site testing, and amenities. Todd expected the soft costs to be approximately $1.1 million for a total full number at the base  bid of$11,720,250.  Berkeley Mills Park Athletic Fields BID1 TABULATION 2024. 200PM Tescmixtncimon VimsyContrution 400,000.00 1,720,00000 330,00000 7,118,00000s 500,000.00 10,068,000.00 9.300.00 $000 585,500.00 375,200.00 02.700.00 247,000.00 975,00000 5000 3000s  WithersRavenel. OurPeople. 4C .NC28801 berF-1479 BaseBid  heproledt Geesurtaes Mummothsporsc 237.313.00 1,652,658.00s 3703,863.00 3719,121.00_s 377304.00s 327A7200s 5,775.756.00s 4,678.305.00_ 500,000.00s s00p0000s 10,59423600 10,877,556.00s 131,040.00 $0.00 $0.00 $0.00 462,72000 550,000.00 329,A54.00 342,00000 (69.599.00 (120,00000s 282,285.00 233,000.00s 1,525,49300 917.600.00 55.00s 36200s 33.00s 3600s  920,00000s 1,943,000.00 312,000.00 7,950.00000 so0,00000s 11,625,000.00 $000 105,000.00 358,000.00 645,000.00s (63.00000s 500,00000 125,000.00 10000 4500  953,000.00 2,791,000.00 302,152.00 7.172.784.00 500.000.00 11.,728,93600 $000 $284,00000 420,000.00 320,000.00 (75,000.001 110,00000 125.00 85.00  $  Approved: December 6, 2024    December. 2, 2024  23  Base Bid Cost Construction- $10,068,000 Construction, Administration- $525,000 Softs Costs (Design, Testing, Amenities)- $1,127,250 Total-$11,720,250  BidAltematives- AIIA Alternatives arel Mandatory tol Bid  Item! Na.  Item! Description  Unlt Qty LS 1 $  A1 REPLACE- Vegetative Retaining Systersv withs Segmental Block Walls Systems  9,300.00 $0.00 585,500.00 375,200.00 (72,700.00) 247,000.00 975,000.00 50.00 30.00  A2 REPLACE- Inli lieuofs BulkE ExcavationF Removalt tot thel Transfer Station Road, the Contractor! Shal LS 1 A3 ADD. Temis Courts (nclding AllFencire. Netting. Stone, Base,A Asphalt Placement,F FinulSurfacing LS 1 $ A4 ADD- Softball Fields (ncluding AIF Fencing Netting. Sodcing. Infields Sol Miturea andBases) AS REMOVE- Parking Area! Locatedate Balfour Road. (Stones and Asphalt Removal OnlLeavea atSub- LS A6 REPLACE- -Base Artikial Tufy withaminimum 50% Nylon) Yarns System (AIo others Specifications LS 1 A7 REPLACE- Base Artificial Turty withaNon-l -Inflls System, (AIS Specfications Othert thane Backing LS  Provide Thelr Own Removall Location and Striping)  LS 1 $  $ $ $  Grade. Smoothed, Seededa andN Mukhed.  Remainthe Same/P Provide Proposed Product Datav with BidDocuments Remain the Same) Provide Proposed Product Datay withE BdDocuments Project Unit Costs for Unforseen! Site Conditions isincidental tothe Base BidA Amounty) Provide PricepercY the Bases BidAmountpProvide Pricep percY  U1 UNIT COST. Excavation andromovable ofN Non-rippable! Rockt bryond3 3,000cy. (Thel first3 3,000cy CY N/A $ U2 UNIT COST Excavation andremove: andreplace unsuitables $01s. (The Tist2 2900sylsincisanlalto CY N/A $  There wasadiscussion about the upgrades shown for A6 and A7: for the artificial turf for the soccer facilities. Based on the responses, staff did not recommend option A6. Although A6 had a lower cost of$247,000, the return balance cost does not add life to the facility. Staffbelieved this to be an additional cost for a non-significant facility upgrade. A7 replaces artificial turf with a non- infill system. This system was priced at $975,000, which would be the total cost across all four fields. The primary difference is that instead of crumb rubber, a common substance that takes in the force as players run across artificial turf, it would not have a thick crumb rubber base. It would bear more natural material with the shock-absorbing piece under the sewn carpet rather than being part ofit. Chairman Lapsley noted this was added because of experience with the artificial turf fields built at East, West, North, and Hendersonville. Todd agreed but stated that while those fields were of fantastic quality, this system provided a potentially 30-degree cooler play on the ground itselfand had an additional two-year warranty. He said: studiesl have shown that, on average,  Approved: December 6, 2024    December: 2, 2024  24  itv would last four years longer, increasing the life span by 40%. Commissioner Franklin asked how often the turf fields at the High school were being replaced. Mr. Todd replied that those fields were designed to have a ten-year life. Todd was unaware oft the warranty for each product, but the traditional crumb rubber products typically have an eight-year warranty. In comparison, this  product had a twelve-year warranty with about a fourteen-year life. The chart below represents revisions to the four approved ARP projects  ORIGINAL PLAN Standard ARPEligible Allowance  PROPOSEDREVSION Standard ARPE Eligible Allowance  ARPE Project# ProjectD Description BapenditureCategon) ARPE Eligibility  State Eligibility $153A-459 153A-1490/11)17  Broadband GREATGrant 5.17-E Broadband, Other Funding(3.22.22) (4.01.2024 9050 Reimbursement Selfl Insurance (5.22022) 1.6- Medical Expenses $153A-92(a)(d) 9052 Mills Riverl Tower Upgrade 6.1- Revenue (5.2.2022) (7.17.2024) 9089 Recreations (10.3.2022) Sports-Complex (7.17.2024) 2.22-Strongh Replacement Healthy 5153A-1496/.117)  9070  Projedts Replacement 6.1-Revenue Communities  2,500,000.00 607,237.14  100,00000 559,822.00  225,000.00  302,424.80  2,759,861.75 6,749,018.00 2,682,436.95 9,196,433.14 TOTAL 2,984,861.75 9,856,255.14 2,984,861.75 9,856,255.14  12,841,116.89  12,841,116.89  Commissioner McCall moved that the Board direct the County Manager and staff to execute agreements with Tennoca Construction Company and, as needed, WithersRavenel, for the base bid as noted in the matter, presented and also for such alternates as shown on the bid tabulation for this matter that the Manager deems advisable for this project within the Board's budget for this project, but obligating all the County's remaining ARPA funds. The Manager shall bring a report on this matter before the Board at its next  meeting. All voted inj favor, and the motion carried.  NOMINATIONS AND APPOINTMENTS 1. Cemetery Advisory Committee - 1 vac. All voted inj favor; and the motion carried. 2. Etowah Sewer Advisory Committee - 5 vacs.  Commissioner McCall made the motion to nominate Susan Huff) for appointment to position #6.  Commissioner Egolfmade the motion to nominate Annette Huetter. for appointment to position #I and Michael Huggins to, position #2. All voted inj favor; and the motion carried. Chairman Lapsleymade the motion to appoint Commissioner Egolfas the Chairman ofthe Etowah Sewer. Advisory Committee as a non-voting member. All voted inj favor, and the motion carried.  Approved: December 6, 2024    December 2, 2024  25  3. Henderson County Board of Equalization and Review-1 vac. There were: no nominations, and this was rolled to the next meeting. 4. Home and Community Care Block Grant Advisory Committee - 2 vacs.  Chairman Lapsley made the motion 10 nominate Kathy Tankersly for appointment to Commissioner McCall made the motion to nominate Peter Zimring. for appointment to  position #3. All voted inj favor, and the motion carried. position #6. All voted inj favor, and the motion carried.  5. Industrial Facilities and Pollution Control Financing Authority - 1 vacs. There were. no nominations, and this was rolled to the next meeting. There were: no nominations, and this was rolled to the next meeting. There were: no nominations, and this was rolled to the next meeting. There were no nominations, and this was rolled to the next meeting. 9. Nursing/Adult Care Home Community Advisory Committee - 9 vacs. There were no nominations, and this was rolled to the next meeting.  6. Juvenile Crime Prevention Council - 1 vac. 7. Laurel Park Planning Board - 1 vac.  8. Laurel Park Zoning Board of Adjustment - 2 vacs.  COMMISSIONER UPDATES  Commissioner Franklin had no updates to share.  Commissioner Rebecca McCall was happy that the Board had made it through another good year. She thanked county staff for all their hard work and wished everyone a Merry Christmas.  Vice-Chair Edney had no updates to share.  Commissioner Egolf said he had been in the county for fifty years and believed this Board and its Staff were second to none. He stated that he and Commissioner Franklin joining the Board would  just improve it.  Chairman Lapsley noted that the Board would not hold a mid-month meeting.  Approved: December 6, 2024    December 2, 2024  26  COUNTY MANAGER UPDATES  Manager Mitchell said staff continues to work with the state and federal governments on disaster relief. The federal government is working through a hundred billion-dollar request from the president's office. Mitchell had spent a lot of time speaking with our congressman and the two senate offices in that regard. He thanked Mr. Kelly for ensuring we had the correct numbers for Commissioner McCall added that she would like to share those impressive numbers at the Board's Mitchell stated he continued to advocate on behalfo oft the citizens and at the direction oft the Board ofCommissioners. He noted there had been successful dates at the DRC with the recovery fairs that had been held. He acknowledged Sarah Kowalak and Julianna Whitaker for helping to coordinate those events. In closing, Mitchell expressed on behalf of the entire staff their deep appreciation for Commissioner McCall's leadership and dedication during her tenure as Chair. Chairman Lapsley made the motion to adjourn. All voted in favor, and the motion carried.  agritourism and agriculture and its losses in the county.  next meeting.  ADJOURN   le)  D&t  Denisal Lauffer,  Board  William G. Lapsléy, Chairman  Approved: December 6, 2024    During the December 2.2024. regularmeeting. the Board enacted the following:  2024.136 Review of Public Officials' Bonds 2024.137 Pending Releases and Refunds  2024.138 Schedule of Regular Meeting Dates for 2025 2024.140 Mills River' Tower Pricing Approval  2024.139 Budget Amendment Position Requests and Budget Amendment  2024.141 BudgetAmendment-, Appropriate HCSO Special Accounts Fund Balance  2024.142 Policy Statement Pursuant to N.C. Session Law 2024-26    STATE OF NORTH CAROLINA COUNTY OFI HENDERSON  MEMORIALIZATION OF OATH OF OFFICE  On the 2nd day ofDecember, 2024, the undersigned administered the following Oath of the Office of County Commissioner ofHenderson County, North Carolina, to Sheila Ann Franklin, the duly elected holder ofs such Office under the laws oft the State ofNorth Carolina. Theoath  administered was as follows:  Do you, Sheila Ann Franklin, solemnly swear (or affirm) that you will support and maintain the Constitution and laws ofthe United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that you will faithfully discharge the duties of your office as Henderson County  Commissioner, sol help you God? RESPONSE: "Ido."  Do you, Sheila Ann Franklin, solemnly and sincerely swear (or affirm) that you will support the Constitution oft thel United States; that you will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; and that you will endeavor to support, maintain and defend the Constitution ofs said State, not inconsistent with the Constitution oft the United States, to the best ofy your knowledge  and ability, sO. help you God? RESPONSE: "Ido."  Do you, Sheila Ann Franklin, swear (or affirm) that you will well and truly execute the duties oft the office ofHenderson County Commissioner, acçording to the  best of your skill and ability, according tol law;sol help you, God.  odden SHEILA ANN. FRANKLIN  [SEAL 80  Administered by me under oath as: stated above.  E.J JAMES MARSHALL District Court Judge  -    STATE OF NORTH CAROLINA COUNTY OF HENDERSON  MEMORIALZATION OF OATH OF OFFICE  On the 2nd day ofDecember, 2024, the undersigned administered the following Oath oft the Office of County Commissioner ofl Henderson County, North Carolina, to. John. Jayson Egolf, the duly elected holder ofs such Office under the laws of the State ofNorth Carolina. The oath  administered was as follows:  Do you, John. Jayson Egolf, solemnly swear (oraffirm) that you will support and maintain the Constitution and laws oft the United States, and the Constitution and laws ofl North Carolina not inconsistent therewith, and that you will: faithfully discharge the duties of your office as. Henderson County Commissioner, sO helps you  God?  RESPONSE: "Ido."  Do you, John Jayson Egolf, solemnly and sincerely swear (or affirm) that you will support the Constitution of the United States; that you will be faithful and bear true allegiance to the State ofNorth Carolina, and tot the constitutional powers and authorities which are or may be established for the government thereof; and that you will endeavor to: support, maintain and defend the Constitution ofsaid State, not inconsistent with the Constitution oft the United States, to thel best of your knowledge  and ability, sol help you God? RESPONSE: "Ido."  Do you, John Jayson Egolf, swear (or affirm) that you will well and truly execute the duties oft the office of] Henderson County Commisioneracconding to the  best ofy your skill and ability, according tol law; sol help you, God)  [SEALI  5yk  JOHNIAYSON: EGOLF M  Administered by me under oath as stated above.  E.. JAMESI MARSHALL District Court Judge  -    Henderson County Board of Commissioners  1Historic Courthouse Square e Suite 1e Hendersonville, NC28792 Phone (828)697-4808 e Fax (828) 692-9855 e www.hendersoncountyncgov  Rebecca K. McCall Chairman J.Michael Edney Vice-Chairman  William G. Lapsley Daniel).Andreotta David H. Hill  Mw  December 1, 2024 Harry Rising, Assessor Henderson County Assessor's Office 200 N. Grove Street, Suite 102 Hendersonville, NC 28792 Dear Mr. Rising:  Attached, please find tax release requests in the amount of $2,420.94 and tax refund requests in the amount of$112.461 reviewed at the Henderson County Board of Commissioners' Meeting on  Tuesday, December 2, 2024. All Releases and refunds were approved.  Sinçerely  William G. Dapslgy, Chair  Henderson County Boanh6rCommisioners  RM/dal enclosures        688 88585 588 88885 855 8888 05 8888 868 59880 0  88888  88888  888  00  08    41 u  60 5888 888 8588  8888    The following properties were: sold at a tax foreclosure sale on May 01, 2024 where the proceeds received from the sale were insufficient to cover the unpaid taxes. The tax office is requesting: a release of the following bills pursuant to GS 105-375(1) "The purchaser at the execution sale shall acquire title to the propertyi in fee simple free and clear of all claims, rights, interest, and liens except the liens of other taxes or special assessments not paid from  the purchase price and included ini the judgment.  Parcel Number 9901031 9901031 9901031 9901031 9901031 9901031 9901031 9901031 9901031 9901031 9901031 9901031 9901031 9901031 9901031 9901031 9901031 9901031  Year Amount Released  2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Total  $8.58 $75.15 $72.07 $72.07 $72.07 $72.07 $94.94 $94.94 $94.94 $94.94 $72.38 $78.40 $78.40 $78.40 $79.10 $79.10 $79.10 $90.77 $1,387.42    HENDERSON COUNTY BOARD OF COMMISSIONERS Proposed Schedule of Regular Meeting Dates  2025  Monday, January 6, 2025 Monday, February 3, 2025 Wednesday, February 19, 2025 Monday, March 3, 2025 Wednesday, March 19, 2025 Monday, April 7, 2025 Wednesday, April 16, 2025 Monday, May 5, 2025 Monday, June:2 2, 2025 Wednesday,June 18, 2025 NO FIRSTN MONDAY MEETING INJULY Wednesday,July 16, 2025 Monday, August 4, 2025 Wednesday, August 20, 2025 Tuesday, September 2, 2025 Wednesday, September 17,2025 Monday, October 6, 2025 Wednesday, October 15, 2025 Monday, November 3, 2025 Wednesday, November 19, 2025 Monday, December 1, 2025  (Budget Workshop) Wednesday, January 15, 2025  (Budget Retreat) Wednesday, May 21, 2025  NO THIRD WEDNESDAY MEETING IN DECEMBER  Chairman, Bgayd ofommissioners    REQUEST FOR BOARD ACTION HENDERSON COUNTY BOARD OF COMMISSIONERS  MEETING DATE: SUBJECT: PRESENTER: ATTACHMENTS:  December 2, 2024  Budget Amendment - Solid Waste Marcus Jones, County Engineer 1.E Budget Amendment  Yes  SUMMARY OF REQUEST:  The Solid Waste 3rd Transfer Station Bay project is anticipated to be completed in April 2025. Toj prepare for completion and operation oft the third bay, Solid Waste requires an additional spotter truck and loader tamp as well as additional staff for heavy equipment operation. The lead time to purchase the equipment is approximately five months. Additional staff will require Staffis requesting to appropriate retained earnings of $240,000 to fund the purchase oft the  training time oftwo to three months before the third bay is operational.  equipment and hiring of two additional staff members.  BOARD ACTION REQUESTED:  The Board ist requested to approve the addition oftwo heavy equipment operator positions for the Solid Waste Department. The Board is also requested to approve the budget amendment to appropriate retained earnings for the purchase ofe equipment and hiring of additional staff.  Suggested Motion(s):  Imove the Board approve the addition of two Solid Waste staff Ifurther move the Bourd approve appropriating retained earnings and the attached Budget Amendment as  presented.    UINE-TEMTRANSFER REQUEST HENDERSON COUNTY  Department: SOLIDWASTE Please make thef following line-itemt transfers: What expense line-item ist to bei increased?  Account 605472512100 605472-553000 605472-551000  Line-Item Description SALARIES ANDI WAGES CAPITAL OUTLAY- VEHICLES CAPITAL OUTLAY- EQUIPMENT  Amount $40,000 $30,000 $170,000  $240,000  What expense line-i itemi ist to be decreased? Or what additional revenue is nowe expected?  Account 604472-401001  Line-Item Description RETAINED! EARNING APPROPRIATED  Amount $240,000  $240.000  Justification: Pleasep provide ab brief) justificationi fort this line-i item transfer request. 3RDE BAY TRANSFER: STATION. BOCAPPROVED: 12.2.2024.  $0  TOE BUDGET FOR APPROPRIATED! RETAINEDI EARNINGS FOR ADDITIONAL EQUIPMENT ANDS STAFF FOR THE OPENING OF THE SOLIDWASTE  Authorized by Department Head Authorized by Budget Office Authorized by County Manager  Date Date Date  For Budget Use Only;  Batch#. BA# Batch Date    REQUEST FOR BOARD ACTION HENDERSON COUNTY BOARD OF COMMISSIONERS  MEETING DATE: SUBJECT: PRESENTER: ATTACHMENT:  December 2, 2024 Department SheriffLowell Griffin  Budget. Amendment - Restricted Fund Balance Sheriff's  Yes  1. Budget Amendment  SUMMARY OF REQUEST:  The Sheriff's Office is requesting the Board approve the attached budget amendment which appropriates fund balance for unused restricted donations for Sheriff's Office special funds. These funds are derived from restricted donations, to be used for specific programs, including Pawnbroker, K-9, VIP, STAR, Shop With. A Hero, and Honor Guard. The amounts reflected in the budget amendment are the unspent portion of restricted donations from FY2024, to be carried  over and spent in FY2025.  BOARD ACTION REQUESTED:  The Board is requested to approve the attached budget amendment to appropriate restricted fund balance for the special Sheriff's Office accounts. These funds are contributions/donations  designated for the use of each specific account.  Suggested. Motion:  Imove the Board approve the budget amendment 10 appropriate restricted fund balance for the. special Sheriff's  Office accounts as presented.    LINE-ITEM TRANSFER REQUEST HENDERSON COUNTY  Department:  FINANCE  Please make thej following line-item transfers: What expense line-item is to bei increased?  Account 115431-537110 115431-537111 115431-537112 115431-537113 115431-537114 115431-569953  Line-Item Description PAWN PROKER FUND-R K9-R VIP-R STAR-R HONOR GUARD SHOP WITHAHERO-R  Amount $0 $194,563 $24,054 $113,457 $10,337 $1,474 $343,885  What expense line-item is to be decreased? Or what additional revenue is now expected?  Account 114990-401000  Line-Item Description FUNDI BALANCE APPROPRIATED  Amount $343,885  $343,885  Justification: Please provide a briefjustification, for this line-item transfer request.  Toa appropriate fund balance for special funds set up within Sheriff's Office budget. Unused funds int these accounts roll forward as they are contrbutions/revenues designated for particular purposes. BOC Approved  12.2.2024  12/2/2024 Date  Authorized by Department Head  For Budget Use Only Batch# BA# Batch Date  Authorized by Budget Office  Date  Authorized by County Manager  Date    HENDERSON COUNTY BOARD OF COMMISSIONERS POLICY PROHIBITING VIEWING OR SAVING PORNOGRAPHY ONCOUNIYCOVEEMMENT NETWORKS AND DEVICES  Whereas, in 20241 thel North Carolina General. Assembly enacted N.C. Gen. Stat. $143-805,asa part of Session Law 2024-26, requiring counties to adopt aj policy prohibiting employees, elected officials, and appointees from viewing pornography on county government networks and devices; and Whereas, the policy adopted in accord with $143-805 must state the disciplinary action to be Whereas, for actions involving County employees, only the policy of the County Manager, concurred with by the County Attorney, is required for the same, but action oft the Board of Commissioners isi required to require disciplinary action again appointed officials for violations; and Whereas, the Board acknowledges that, pursuant Session Law 2024-26, all the prohibitions  taken for a violation of the policy; and  contained herein apply to elected officials as well.  BEI ITE HEREBY RESOLVED. AND ORDAINED that the Henderson County Ethics Code is amended to comply with N.C. Gen. Stat. $143-805 by adding a new: subsection 6., as set forth below:  6.  Viewing or Saving Pornography Prohibited.  (a) The following definitions are supplemental to the definitions set out in subsection C  and are specific to this subsection 6.:  (I) Appointees shall: mean persons appointed by thel board of commissioners to serve on any board, commission, committee, authority or similar body created by the board  of commissioners or by statute.  (2) Device shall mean any cellular phone, desktop or laptop computer, or other (3) Network shall mean any of the following, whether through owning, leasing, maintaining, or otherwise controlling: the interconnection of communication systems with a computer through remote or local terminals, or a complex consisting oft two or more interconnected computers or telephone switching equipment; internet service; and internet  electronic equipment capable of connecting to ai network.  access.  (4) Porography shall mean any material depicting sexual activity with material (b) The viewing or saving ofpornography by employees, elected officials, or appointees on or to any device owned, leased, maintained, or otherwise controlled by the county: is  and sexual activity to mean as defined in G.S. 14-190.13.  prohibited.    (c) Any employee, elected official, or appointee with pornography saved to a device owned, leased, maintained, or otherwise controlled by the county shall remove, delete, or (d) Employees ofl Henderson County are prohibited from viewing F pornography on any (e) This subsection shall not apply to an official or employee that is engaged in any of the following activities in the course of that official's or employee's official duties: (1) Investigating or prosecuting crimes, offering or participating in law enforcement training, or performing actions related to other law enforcement purposes. (2) Identifying potential security or cybersecurity threats.  uninstall the pornography nol later than January 1, 2025.  network of the county.  (3)  Protecting human life.  (4) Establishing, testing, and maintaining firewalls, protocols, and otherwise  implementing this section.  (5) Participating inj judicial or quasi-judicial proceedings.  (f) Annually, no. later than. August 1 and in the format required by the State Chief Information Officer, the county's Director of Information Services shall report information to the State ChiefInformation Officer on the number ofincidences of unauthorized viewing or attempted viewing of pornography on the county's network; whether or not the unauthorized viewing was by an employee, elected official, or appointee oft the county;and whether or not any oft the unauthorized viewing was on a device owned, leased, maintained, (g) Any violation oft this subsection 6. by an employee who is not an elected official or appointee shall constitute grounds for disciplinary action up to and including termination of employment. Any violation ofthis subsection by an appointee shall constitute grounds for  or otherwise controlled by the county.  removal ofthe appointee from office.  Unanimously adopted this  day of December, 2024.  dpe  HENDERSON COUNTY BOARD OF COMMISSIONERS  LSDN RPG A  y  Chair  Attest: AAN  OySA gha  Clerk to thel Board of Commissic