April 16, 2025 MINUTES STATE OF NORTH CAROLINA BOARD OF COMMISSIONERS COUNTY OF HENDERSON WEDNESDAY, APRIL 16, 2025 The Henderson County Board of Commissioners met for a regularly scheduled meeting at 9:30 a.m. in the Commissioners' Meeting Room of the Historic Courthouse on Main Street, Hendersonville. Present were: Chairman William Lapsley, Vice-Chair J. Michael Edney, Commissioner Rebecca McCall, Commissioner Sheila Franklin, Commissioner Jay Egolf, County Manager John Mitchell, Assistant County Manager Chris Todd, Public Safety Director Jimmy Brissie, Financial Services Director Samantha Reynolds, County Attorney Russ Burrell, and Clerk to the Board Denisa Lauffer. Also present were: Budget Manager/Internal Auditor Sonya Flynn, Engineer Marcus Jones, Human Resources Director Karen Ensley, ChiefCommunications Officer Mike Morgan, Director of Facility Services Andrew Griffin, Fire Marshal Kevin Waldrup, Planning Director Autumn Radcliff, Planner Lee Stevens, Tax Assessor Harry Rising, DSS Director Lorie Horne, Deputy DSS Director Debbie Dunn, Finance Director Randal Cox, Capital Projects Manager Bryan Rhodes, Tourism Executive Director Michelle Owens, Tourism Development Coordinator Dara Hossley, Soil and Water Conservation District Director/Conservationist Director Jonathan Wallin, Soil ConservationisV/Fducator Coordinator April Hoyt, Strategic Behavioral Health Director Jodi Grabowski, LFNC Fellow Nora Sjue, A/V Technician Oscar Guerrero. Deputy Kevin Gaddy provided security. CALL TO ORDER/WELCOME Commissioner Lapsley called the meeting to order and welcomed all in attendance. INVOCATION Pastor Cesar Perozo provided the invocation. PLEDGE OF ALLEGIANCE Chairman Lapsley led the Pledge of Allegiance to the American Flag. RESOLUTIONS AND RECOGNITIONS Chairman Lapsley noted that a recognition had been added to the Resolutions and Recognitions portion of the meeting. He invited Travel and Tourism Development Board chair Richard Rhodes to the podium to present the Debbie Smith Heart of Hospitality Award. Michelle Owens and Debbie Smith joined Mr. Rhodes in presenting the award to County Manager John Mitchell. Mitchell was recognized for his outstanding leadership during and after Hurricane Helene and during the recent wildfires. 2025.049 Resolution - Line Worker Appreciation Day The Henderson County Board of Commissioners was requested to adopt the proposed resolution, proclaiming April 18, 2025, as Line Worker Appreciation Day. Approved: May 5, 2025 April 16, 2025 2 RESOLUTION - PROCLAMING FRIDAY, APRIL 18, 2025, AS LINE WORKER APPRECIATION DAY IN HENDERSON COUNTY WHEREAS, on April 10, 2013, a resolution was passed in the United States Senate to recognize April 18 annually as National Lineman (Line Worker) Appreciation Day; and WHEREAS, the profession of the electrical line worker is steeped in personal, family, and professional tradition; and WHEREAS, line workers are often first responders during storms and other catastrophic events, working to make the scene safe for other public safety officials, and to expedite the return of vital electrical power to our communities; and WHEREAS, these brave men and women work with thousands of volts of electricity high atop power lines 24 hours a day, 365 days a year, risking and sometimes losing their lives to keep electricity flowing; and WHEREAS, line workers are often faced with dangerous conditions, far from their families, as they work to construct and maintain energy infrastructure throughout the State of North Carolina and the United States; and WHEREAS, line workers must use their technical knowledge, physical strength and ingenuity to achieve success in challenges they face every day; and WHEREAS, the Henderson County Board ofCommissioners thanks these skilled and heroic line workers who brave hurricanes, ice storms, snowstorms, floods, and other natural disasters to maintain our community's energy grid. NOW, THEREFORE, BE IT RESOLVED that the Henderson County Board ofCommissioners do hereby proclaim Friday, April 18, 2025, as Line Worker Appreciation Day in Henderson County. In witness whereof have hereunto set my hand and caused the seal of the County of Henderson to be affixed. Adopted this the 16th day of April 2025. Motion: Commissioner McCall made the motion that the Board adopt the Resolution, proclaiming Friday, April 18, 2025, as Line Worker Appreciation Day. All voted in favor, and the motion carried. Ms. McCall and Duke Energy's Craig DeBrew presented the resolution to Matt Paige, Daniel Walker, and Logan Rupert. PUBLIC COMMENT Approved: May 5, 2025 April 16, 2025 3 1. Jane Bilello urged the Board not to purchase new voting machines until they comply with statutes. She noted that the current voting machines in use were noncompliant. 2. David Hill opposed the City's practice of "forced annexation, noting that this strips volunteer fire departments of essential resources. 3. Kirk Hall opposed the First Contact Ministry's men's rehab facility, citing concerns about its location adjacent to the campground he owns in Saluda. 4. Katie Gash spoke about the importance of inclusion, emphasizing that diversity, Equity, and Inclusion (DEI) is rooted in empathy, justice, and truth. She affirmed that DEI efforts have brought significant progress, but more is needed. 5. Katherine Sheppard addressed the Board regarding a recent animal cruelty case involving eight Saint Bernards found in devastating living conditions. She urged the Board to draft an ordinance to better protect animals 6. Tian Griffith shared that she adopted one of the dogs referenced in the recent animal cruelty case. She described how the once timid and frightened dog has since become a sweet, loving companion with a sassy personality. Griffith urged the Board to draft an ordinance to ensure stronger animal protection. DISCUSSION/ADJUSTMENT OF AGENDA Vice-Chair Edney added a Closed Session for Economic Development. Motion: Vice-Chair Edney moved to approve the modified consent agenda. All voted in favor, and the motion carried. CONSENT AGENDA Tax Collector's Report The following report from the office of the Tax Collector was provided for the Board's information. Please find outlined below collections informationt through April: 2, 2025 for 2024 real and personal property bills mailed on. July 31, 2024. Vchiclest taxes are billedi monthly by NC DMV. Henderson County Annual Bills(Reala and PersenalProperiyl: 2024 Beginning Charge: $101,665,024.57 Unpaid Discoveries & Imm. $135,170.17 1.38% Releases & Refunds: ($106,395.21) NetCharge: $101.693.799.53 Unpaid Taxes: $1,403,875.40 Paid Amount Collected: $100,289,924.13 98.62% Henderson County Registered Motor VahideACalkcted by NCDMV): Net Charge: $6,052,568.48 Unpaid Taxes: $127,767.37 97.8996 Amount Collected: $5,924,801.11 Henderson CountyFV25 Budget Analvsis: BudgetOrdinance Revenue Collected AdValorem: $103,559,409.00 AdValorem: $I06,214,725.24 Prior Years: $1,041,250.00 Prior Years: $815,062.45 Budget" Total: $104,600,659.00 VTD Revenue: $107,029,787.69 HudeOrdmance Millions RomueColecied so $20 $40 560 $80 $100 $120 Approved: May 5, 2025 April 16, 2025 4 2025.050 Parks and Recreation Trust Fund Grant Application - Berkeley Sports Complex Henderson County Parks and Recreation requested the support ofthe Henderson County Board of Commissioners to apply for the 2025 Parks and Recreation Trust Fund (PARTF) Grant to provide additional funding for the proposed Berkeley Mills Sports Complex. Staff proposed requesting the maximum allowable amount from PARTF of$500,000 for the project. The PARTF grant requires a one-for-one match, which has already been satisfied by the County's current investments in the project. The Parks and Recreation staff have hosted two community presentations and a public meeting, receiving overwhelming support for the grant application. The Recreation Advisory Board has recommended that the staff apply for this grant by the May 1 deadline. Motion: I move the Henderson County Board ofCommissioners approve the 2025 PARTF Grant application and sign the certification oflocal government approval. Land Development Code Rewrite - Proposal Acceptance On March 3rd, the Board directed stafft to release a Request for Proposals for a consultant to rewrite the Land Development Code (LDC) to be compatible with the new Comprehensive Plan and its recommendations. The Planning Department released the RFP in compliance with county and state procurement policies. Unlike many procurement methods, such as a bid, an RFP is a specific procurement process for contract services and the proposal cannot be judged on price alone. On Friday, March 315t, staff received a total of four proposals. These proposals were scored based on the matrix provided to potential submitters. The scoring committee comprises Planning, Code Enforcement, Floodplain Administration, and Building Services and Inspections staff. Inspiration Placemaking Collective submitted the highest-scored proposal, and all evaluators agreed the firm was the most qualified for this critical task. The scoring matrix is attached. All proposals were submitted to the Board for additional review. Land! Development Code Rewrite Proposal Scoring Matrix Criteria Total Points Freese and NI Focus Inspire Zone Co Available (100) Nichols Placemaking Qualifications ande experience of firm and Project Manager 25 22 22 23 15 Qualifications ande experiences specifict to Farmland! Preservation 25 19 10 22 12 Proposed process anda approach 20 17 15 19 13 Cost of proposal (evaluated! basedo ond county'sf formula) 10 5.8 10 7.8 6.3 References 15 7 15 15 10 Implementation: schedule 5 5 4 5 2 100 75.8 76 91.8 58.3 Motion: I move that the Board approve Inspire Placemaking Collective 's proposal for the Land Development Code rewrite. Motion: Chairman Lapsley made the motion to adopt the consent agenda. All voted infavor, and the motion passed unanimously. PUBLIC HEARINGS Motion: Chairman Lapsley made the motion to go into the Public Hearing. All voted infavor; and the motion carried. Approved: May 5, 2025 April 16, 2025 5 2025.051 Amendments to Chapter 45 Farmland Preservation The Farmland Preservation Taskforce has been working throughout several meetings on amendments to Chapter 45 in the County Code of Ordinances for Farmland Preservation. ( Amendments attached to these minutes). The amendments deal with administrative changes necessary in the ordinance, add the process for agricultural conservation easements, expand the membership and role of the Agricultural Advisory Board, and support the duties of a tarmland preservation coordinator. The Agricultural Advisory Board reviewed the draft amendments at its meeting on February 26th, 2025, and voted unanimously to recommend that the Board of Commissioners adopt them. On March 10th, 2025, the Farmland Preservation Taskforce voted unanimously to recommend that the Board of Commissioners adopt the draft amendments. The bylaws for the Agricultural Advisory Board must be amended to reflect the changes in Chapter 45. The Agricultural Advisory Board's next regular meeting will be April 23rd, 2025, and they will review and recommend the amended bylaws. Staff anticipate that the amended bylaws will be on the Board of Commissioners' May 5th meeting as a consent item. The Board can reappoint and add new position appointments to the expanded Agricultural Advisory Board, provided the required criteria are met. PUBLIC NOTICE: A public notice for this hearing was submitted to be advertised in the Hendersonville Lightning on Wednesday, April 2nd, > 2025, and Wednesday, April gth, > 2025. Public Comment: There was none. Motion: Chairman Lapsley made the motion to go out ofthe Public Hearing. All voted in favor, and the motion carried. Motion: Commissioner McCall made the motion that the Boardapprove the proposedamendments to Chapter 45 Farmland Preservation. All voted in favor, and the motion carried. Motion: Chairman Lapsley made the motion to go into the Public Hearing. All voted infavor, and the mnotion carried. 2025.052 Public Hearing - Renaming of Rights-of-Way "Lavender Court" and "Lynwood Cabin Way" The County Attorney contacted the property owners along the rights-of-way (ROW) portion to be named Lavender Court and Lynnwood Cabin Way. Staff received confirmation from all owners and agreed with the new proposed road names and locations. The ROWS are required to be named under the Property Addressing Ordinance for E911 purposes. Staff sent letters to all property owners notifying them of the date and time of the public hearing Approved: May 5, 2025 April 16, 2025 and the proposed road names, and the hearing was advertised in the Hendersonville Lightning. PAPSIAP-ISES - % P AE Public Hearing to Name TWO ROWS po €1 D 8 - DD oMng X E Request for Naming u inseA Parcels Major Roads Streets 10A 2 SuejectArea - 7 y a & & Do 241 00 CATCA A Public Comment: There was none. Motion: Chairman Lapsley made the motion to go out ofthe Public Hearing. All voted in favor, and the motion carried. Motion: Vice-Chair Edney made the motion that the Board approve renaming the ROWS as shown on the map provided to Lavender Court and Lynnwood Cabin Way. All voted in favor; and the motion carried. DISCUSSION A. Hurricane Helene Update The Board was provided with the most current information about Hurricane Helene in Henderson County. Financial Impacts Approved: May 5, 2025 April 16, 2025 7 Samantha Reynolds gave a brief update on the financial impacts of Hurricane Helene. FY2025 Impacts Revenues Expenses 0 Waived Fees Total: & Personnel Costs: $856,129.45 $3,189,040.52 0 Sales Tax Deficit: 0 Debris Mamasac/Mlonioring S0 $9,499,981.20 o Property Tax Collection Ratc: 0 Other Disaster Response: 98.780% $2,180.312.05 Summary to Date Revenucs: FEMA Funding Received 15,224,300.00 Donations, Unassigned 104,628.30 Insurance Proceeds 529,610.86 Reimbursements 5,384.00 15,911,553.29 Expenditures: Personnel 3,189,040.52 Debris Management/Montoring 9,499,981.20 Other Disaster Response 2,180,312.05 14,869,333.77 Net 1,042,219.52 FEMA Projects Summary Title Process Step Total Cost Expedited Funding $15,224,300 Obligated Emergency Debris Removal $1,139,019 United Way $90,240 Pending PDMG Application Leases - DRC and DW $930,000 Review Personnel Costs thru Dec. 2024 $3,442,560 Jackson Park. Field and Lights $200,000 Pending Initial Project Radio' Tower. Access Roads $200,000 Development Mill Pond Creek Drainage Project $400,000 Jimmy Brissie reported that the distribution warehouse had been cleared of all supplies and materials used in the aftermath ofthe hurricane. The remaining items were distributed among local non-profits and churches to ensure they reached community members in need. Approved: May 5, 2025 April 16, 2025 8 2025.053 Conditional Rezoning Application (#R-2025-01-C) - The Cottages at Sugarloaf Meadows On April 7, 2025, the Board held a public hearing for Rezoning Application #R-2025-01-CD, which requested that the County conditionally rezone approximately 31.46 acres of land from Residential Two Rural (R2R) to a Conditional District (CD-2025-01). Following the public hearing and discussion by the Board, certain conditions and requests were made oft the applicant. The Board requested continued discussion at its next meeting. E E - ESNE - - - ----: - X E - : E SVIPEVASSEY M - - 1 - E * - E E E : nE ar - p E : I a :. 8 1 - : : : - : E - I as - - C : I E - : - - 1- : 1 - P - E ES - SHEET OF Planner Liz Hanson provided a brief overview of the rezoning application. She noted that the developer had revised the site plan and added four conditions based on the Board's direction at the public hearing. Developer Rick Moore and applicant Tyler Wagner were present to address questions from the Board. Commissioner McCall voiced concern that the installed septic tanks could infiltrate the adjoining property used as farmland. Mr. Moore said he had spoken with the adjacent property owner regarding setback requirements. He assured the Board that he was working with surrounding property owners to ensure no one would be adversely affected. Ms. McCall acknowledged that the farmer ofthe adjacent property was not opposed to the project. If the application is approved, Vice-Chair Edney proposed deleting paragraphs 6 and 14 and designing interior roads with a regular curb cut instead of the valley curb cut. He believed the change in the curb cut would deter individuals from parking along the road. Approved: May 5, 2025 April 16, 2025 Vice-Chair Edney left the meeting at 10:50 a.m. Commissioner Egolf expressed support for development but emphasized the importance of protecting the rights of neighboring property owners. Commissioner McCall stated she would reluctantly support the proposed application. Chairman Lapsley did not support Edney's proposed modification to the curb cuts. Chairman Lapsley made the motion to approve rezoning application #R-2025-01-CD to rezone the Subject Area to a Conditional District (CD-2025-01) with the 2045 Comprehensive Plan Statement based on the recommendations ofthe 2045 Comprehensive Plan, and with the deletion ofparagraphs 6 and 14. And; Further moved that the Board amend the 2045 Comprehensive Plan Future Land Use Map to apply the Infill Character Area to the Subject Area parcels. All voted in favor, and the motion carried. Construction Projects Update Bryan Rhodes provided the following update on construction projects around Henderson County. BRCC MRTS Projects BRCC Facilities Building - Programming was in progress, and staff are working on programming with the college and Clark Nexsen. Henderson County Public Schools MRTS Projects The ribbon cutting for the West Henderson renovation and addition was held on April 4. The project was completed on time and under budget. Henderson County Capital Projects Henderson County Ag Services Building- Programming was underway, and Staff, MPS, and all stakeholders are working collaboratively on it. Ag Services Schedule March June September 17th. 2nd. 2nd. Site Kickoff Programming SD Deliverable Meeting documents presented to 18th. presented to BOC Programming BOC Kickoff meeting Medical Office Buildings The design and development phase are progressing for the Spartanburg Highway location. The schematic design was being revised and reprogrammed for the Mills River site. At an upcoming Approved: May 5, 2025 April 16, 2025 10 meeting, the board will be presented with an SD Deliverable update on the Mills River location. Medical Office Buildings: Spartanburg Highway Schedule April August October January '26 14th. 100% set of DD 5th. 100% set of CD 15th Potential Early Release to documents due documents due package presented to BOC 5th. GMP presented BOC Medical Office Buildings: Mills River Schedule July December May '26 17th: 12th. 15th: 100% set 100% set 100% set of SD of DD of CD Documents Documents Documents due due due Henderson County JCAR Project USE DI V January 23, 2025 PERSPECTIVES MENDERSON tendersonvite. COUNTY NC JUDICIAL CENTER South Wet nt trane View FENTRESS Approved: May 5, 2025 April 16, 2025 11 DETENTION CENTER - NEW VEHICULAR SALLYPORT DETENTION CENTER - NEW ENTRANCE AT AREA "D" January2 23, 2025 DETENTION CENTER RENDERINGS mcmillan HENDERSON COUNTY. JUDICIAL CENTER FENTRESS Hendersonville. NC CHTICIS E CAR:Detention Schedule April 4th. July 16th. September 1st. 100% CD Deliverable GMP Submittal for NTP on construction, received from Fentress BOC Approval pending LGC funding Architects approval JCAR: Courts Schedule March August 21st: December NTP: CD Phase 20th: Potential early 19th: release site/civil 100% CD package Deadline, full presented to GMP to follow BOC Approved: May 5, 2025 April 16, 2025 12 Henderson County Sports Complex Groundbreaking Ceremony - March 31, 2025 st DEERE % cNES Henderson County Parks and Recreation e Photo Credit: Mike Morgan Henderson County Public Schools Mr. Mitchell reported that the Joint Schools Facilities Committee had recently met to discuss the need for a new bus garage. He then invited School Superintendent Mark Garrett to address the Board to provide an overview ofthe discussions from that meeting. HENDERSON COUNTY PUBLIC SCHOOLS New Bus Garage Maintenance Property Location Option * - HENDERSON COUNTY PUBLIC SCHOOLS HOLLAND HAMRICK & > Approved: May 5, 2025 April 16, 2025 13 Mr. Garrett shared a rendering ofthe proposed 22,000 sq. ft. facility, which was designed to meet DPI recommendations based on the district's fleet, which includes 111 yellow buses and 45 activity buses. The current garage, which has served the community for 40 years, is no longer adequate for the size and type of buses used today. The proposed design included drive-thru bays and a shared island for maintenance and transportation needs. The preferred location for the new garage was the Upward Road maintenance facility, which can accommodate the building, o E : E : : IE : ER 3 ::i:: :iisen E y E E e APMAEZAVMDNASAEIN SK1 a e 9 2. 0 99 a LEGENO - Fa OIAN e 8 0 9 9 9 9 9 LS3P - On 9 2 @ 98769 690 Q E O E - e 25 9 9 9 9 9 9 9 P so EaS Oirk 8 A-201 PCSET. a Approved: May 5, 2025 April 16, 2025 14 PARTITON NCOPLTEOT - B Fr 0 o @ o o o @ o o ) e 9 s LS3P E e soai 0 0 egl D O 3 o S 9 - l E o! 0 C EES o! a d - GE Fno OWANTENNNS AN & e A-101 Bus Garage = Option 1 A S ex 7 > C - ut E - - Gam 4 Approved: May 5, 2025 April 16, 2025 15 Bus Garage - Option 2 Mr. Garrett noted that option 2 was the School Board's proposed location. The site plan for this option included a 60' X 40' maintenance building and storage warehouse that would need to be removed. The operations in that structure would be relocated to the proposed bus garage. Mr. Mitchell stated that the superintendent presented the renderings to the Board and the public to gather the Board's initial thoughts on whether to move forward with securing the proper design for the site. C Ga EL 0 1is TF * Mr. Garrett stated that a similar facility had recently been completed in Rutherford County, and they had invited the Board of Commissioners and School Board Members to tour it. The new bus garage was the School Board's top financial priority, with East Henderson security upgrades next. The School Board would like to mirror the upgrades recently completed at West Henderson. Commissioner McCall recommended that the Joint School Facilities Committee make a site visit to the Rutherford County location to aid in the planning and decision-making for the project. Asheville Regional Airport Update President and CEO of the Greater Asheville Regional Airport Authority, Lew Bleiweis, provided the annual update for the airport as of December 2024. He reported there were six airlines operating out of the airport, including: Allegiant, American, Delta, Jet Blue, Sun Country, and United. The number of passengers was down 3.2% due to Hurricane Helene. Seats in the market were up 2.7% for a total of 1,410,000 seats. Load factor dropped 77.57%, which was a 5.4% drop for the year. as a result ofthe passenger count. Approved: May 5, 2025 April 16, 2025 16 VAYA Health Update Community Relations Regional Director Angela Garner provided information about VAYA Health. Who We Are . Vayal Health isal local political subdivision oft the state ofl North Carolina and a Local Management Entity/Managed Care Organization (LME/MCO) governed! by Henderson Chapter 122C of thel North Carolina General Statutes VAA County Vayal Healthi is a Tailored Plan which manages publicly-funded mental health, Board substance use disorder, intellectual/ developmental disability, and traumatic VAYAHEALTH of braini injurys services in 32-county region Commissioners . NCGSS1 122C-115.4(a): Local management entities are responsible for the management and oversight of the public system of mentall health, AngieGamer developmental disabilities, and: substance abuse services at the community level. Gorrutbinesikeenabicr An LME shall plan, develop, implement, andi monitor services within a specified Apri16,2025 geographica area toe ensure expected outcomes for consumers within available resources." What is a Tailored Plan? North Carolina must move NC Medicaid to managed care- Thel launch of Standard Plans (Healthy Blue, Ameriloalth Caritas, United Hoalthcare or WellCare) was the first Step. Tallored Plans began July 1, 2024. Tailored Plans are a new kind of NC Medicaid Managed Care health plan. They cover mental health, Serious Severe Substance severe substance use, I/DD, TBI and Mental IIness (SMI) Use Disorders(SUD) prescriptionsin one plan. The assigned Tailored Plan is based on the county that manages the Medicaid benefits for the Member. a Youcannot choose a different Intellectual/ Traumatic Brain Tailored Plan. Developmental Injuries (TBI) Disabilitics(/DD) Who Manages Tailored Plans? ga Sury Stokes as Gates ac Fopyth Guiford Day so lan ph Wils Ruthert : Palke aston . LME/MCO Name na DA Alliance Health a Partners Health Manageme.. D Trillium) Health Resources D Vaya Health This map: shows LME/MCO configuration effective 2/1/24. Approved: May 5, 2025 April 16, 2025 17 Here are some examples: Services offered by Tailored Plans Child and adolescent day treatment services Intensivei in- home services Multi- systemict thera apy services Ifa Member opts out of Psychosocial rehabilitation Tailored Plans, these Residential treatment facility services services are not paid for Community living ands supports (specifict tol 1/DD & TBI) Supported employment (available tol/DD, TBI, and behavioral health) by other NC Medicaid Respite (specifict to1/DD, TBI, serious emotional disturbance and severe SUD) Managed Care health State funded behaviorall health, /DD, and TBI services plans. Vaya Total Cares Non-Emergency Medical Transportation - NEMT I Non-Medical Transportation Perks: Up to 24 trips per year from Modivcare for going to rocnysoreymarket, libraries, parks, community activities, business offices and other places to support Member. > Non-Emergency Medicaid TransportallonNEMD for Physical and Behavioral Health appointments - Vaya will be responsible for Member transportation which can be scheduled by a Care Manager, Provider and/or Member. Scheduling can be done through mobile app, call in number, or on-line scheduler. State-wide transportation vendor is Modivcare. All Tailored and Standard Plans use Modivare per state contract. Healthy Opportunities Pillot The federal government authorized up to $650 million for five years in state and federal Medicaid funding to test evidence-based, non-medical interventions designed to improve health outcomes and reduce health care costs for a subset of Medicaid enrollees. Who is Eligible for the HOP? > Be enrolled in a Vaya Total Care Health Medicaid Health Plan or Standard Plan. > Have at least one qualifying physical or behavioral health condition and one qualifying social risk factor. > Live in one of the following counties: Avery, Buncombe, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Polk, Transylvania, Swain, and Yancey. Approved: May 5, 2025 April 16, 2025 18 Healthy Opportunity Pilot Supports Impact Health is the Administering Agency working with a variety of communitybased organizations to deliver these supports. Housing Supports: Tenancy supports and sustaining services, housing quality and safety improvements and one-time securing home payment. Food Supports: Healthy food boxes, medically tailored meals, linkage to nutrition programs and counseling/coaching on nutrition & cooking. Transportation Supports: Linkage to existing public transit and payment for transit to access Pilot supports. Toxic Stress & Interpersonal Violence Supports: Linkage to legal services for interpersonal violence issues, evidence-based parenting support programs and evidence-based home visiting programs. Vaya Health Helene Response Immediately identified members based on claims data that were high risk (in need of time sensitive medication, complex medical conditions, etc.) and began making outreach a Outreached 100% of Priority Population members Contacted over 1,000 providers and evaluated over 3,000 sites for operational readiness/areas of need to make sure they received the supplies and support necessary to return to operations Made over $6.8 million in direct stabilization/hardship payments to providers Funded a position through Hope Coalition to solely provide crisis counseling and case management for individuals staying in the shelter Vaya Donations Center at the Ridgefield office NOMINATIONS AND APPOINTMENTS 1. EMS Peer Review Committee - 1 vac. Chairman Lapsley made the motion to nominate Dr. Jason Barter for reappointment to position #6. All voted in favor; and the motion carried. 2. Farmland Preservation Task Force - 5 vacs. Commissioner McCall nominated Brent Coston for appointment to position #4. Chairman Lapsley motioned to appoint Brent Coston to position #4, and to nominate Gary Steiner for reappointment to position #6, Randy Newman to position #8, and Alan Ward to position #12. AIl voted in favor, and the motion carried. Approved: May 5, 2025 April 16, 2025 19 3. Henderson County Historic Courthouse Corporation dba/Heritage Museum - 1 vac. There were no nominations, and this item was carried to the next meeting. 4. Henderson County Planning Board - 3 vacs. Commissioner McCall nominated Gary Griffin for appointment to position #3. Chairman Lapsley motioned. to appoint Gary Griffin to position #3, and to nominate Hunter Marks for reappointment to position #9. All voted in favor, and the motion carried. 5. Hendersonville City Zoning Board of Adjustment 1 vac. There were no nominations, and this item was carried to the next meeting. 6. Historic Resources Commission - 1 vac. There were no nominations, and this item was carried to the next meeting. 7. Hospital Corporation Board of Directors/UNCH = 1 vac. Commissioner McCall made the motion to nominate Chip Gouldj for appointment to position #9. All voted infavor, and the motion carried. 8. Laurel Park Zoning Board of Adjustment - 1 vac. There were no nominations, and this item was carried to the next meeting. 9. Nursing/Adult Care Home Community Advisory Committee - 11 vacs. There were no nominations, and this item was carried to the next meeting. COMMISSIONER UPDATES Chairman Lapsley and Commissioners Egolf and McCall did not have updates to share. Commissioner Franklin informed the Board ofher resignation from the MSD Board and nominated Jim Player to fill the vacancy. Commissioner Franklin nominated. Jim Player. for appointment to position #2 on the Metropolitan Sewerage District of Buncombe County (MSD). All voted in favor, and the motion carried. GENERAL ASSEMBLY UPDATE Mr. Mitchell provided updates on the legislative agenda. COUNTY MANAGER'S REPORT Mr. Mitchell provided a brief report on recent events. Approved: May 5, 2025 April 16, 2025 20 Motion. Commissioner Egolf made the motion to go into Closed Session pursuant to NCGS 143.318.11(0/30. All voted inj favor, and the motion carried. ADJOURN / VOA Denisa A. Lauffer, Clerkto the Board William G. Lapsley, Chairman Approved: May 5, 2025 Enactments Wednesday, April 16, 2025 2025.049 Resolution - Line WorkerAppreciation Day 2025.050 Parks and Recreation Trust Fund Grant Application - Berkeley Sports Complex 2025.051 Public Hearing - Amendments to Chapter 45 Farmland Preservation 2025.052 Public Hearing - Renaming of Rights-of-Way "Lavender Court" and "Lynwood Cabin Way" 2025.053 Conditional Rezoning Application #R-2025-01-CD - The Cottages at Sugarloaf Meadows Henderson County Board of Commissioners 1H Historic Courthouse Square e Suite 1 Hendersonville, NC 28792 Phone (828) 697-4808 Fax (828) 692-9855 e wwhenoerencoumyncgo. William G. Lapsley r Rebecca K. McCall Chairman Sheila W. Franklin J. Michael Edney J. Jay Egolf Vice-Chairman RESOLUTION - PROCLAMING FRIDAY, APRIL 18, 2025, AS LINE WORKER APPRECIATION DAY IN HENDERSON COUNTY WHEREAS, on April 10, 2013, a resolution was passed in the United States Senate to recognize April 18 annually as National Lineman (Line Worker) Appreciation Day; and WHEREAS, the profession ofthe electrical line worker is steeped in personal, family, and professional tradition; and WHEREAS, line workers are often first responders during storms and other catastrophic events, working to make the scene safe for other public safety officials, and to expedite the return of vital electrical power to our communities; and WHEREAS, these brave men and women work with thousands ofvolts of electricity high atop power lines 24 hours a day, 365 days a year, risking and sometimes losing their lives to keep electricity flowing; and WHEREAS, line workers are often faced with dangerous conditions, far from their families, as they work to construct and maintain energy infrastructure throughout the State of North Carolina and the United States; and WHEREAS, line workers must use their technical knowledge, physical strength and ingenuity to achieve success in challenges they face every day; and WHEREAS, the Henderson County Board of Commissioners thanks these skilled and heroic line workers who brave hurricanes, ice storms, snowstorms, floods, and other natural disasters to maintain our community's energy grid. NOW, THEREFORE, BE IT RESOLVED that the Henderson County Board of Commissioners do hereby proclaim Friday, April 18, 2025, as Line Worker Appreciation Day in Henderson County. . i ) In withess whereofIhave hereunto set my hand and caused the seal of the County ofHenderson to'be affixed, 8 4 A y. Adopted, this the 161 day of April 2025. / 3 Whh 4 A 1 WILLIAM G. LAPSLEK, CHAIRMAN N CARUL - HENDERSON COUNTY BOARD OF CÇMMISSIONERS ATTEST: DENISA LAUFFER, CLERK TO THE BOARD REQUEST FOR BOARD ACTION HENDERSON COUNTY BOARD OF COMMISSIONERS MEETING DATE: April 16, 2025 SUBJECT: Amendments to Chapter 45 Farmland Preservation PRESENTER: Autumn Radcliff, Planning Director April Hoyt, Conservatons/Pducation Coordinator ATTACHMENTS: 1. Draft Amendments to Chapter 45 SUMMARY OF REQUEST: The Farmland Preservation Taskforce has been working over the course of several meetings on amendments to Chapter 45 in the County Code of Ordinances for Farmland Preservation. The amendments deal with administrative changes necessary in the ordinance, adds the process for agricultural conservation easements, expands the membership and role ofthe Agricultural Advisory Board, and supports the duties of a farmland preservation coordinator. The Agricultural Advisory Board reviewed the draft amendments at its meeting on February 26th, 2025, and voted unanimously to recommend the Board of Commissioners adopt the draft amendments. On March 10th, 2025, the Farmland Preservation Taskforce voted unanimously to recommend the Board of Commissioners adopt the draft amendments. The bylaws for the Agricultural Advisory Board will need to be amended to reflect the changes in Chapter 45. The Agricultural Advisory Boards next regular meeting will be April 23rd, 7 2025, and they will review and make a recommendation on the amended bylaws. Staff anticipates that the amended bylaws will be on the Board of Commissioners May 5th meeting as a consent item, at which time the Board can reappoint and add new position appointments to the expanded Agricultural Advisory Board, provided the required criteria is met. PUBLIC NOTICE: A public notice for this hearing was submitted to be advertised in the Hendersonville Lightning on Wednesday, April 2nd, 2025, and Wednesday, April 9th, 2025. BOARD ACTION: The Board is requested to review the amendments to Chapter 45, Farmland Preservation. Suggested Motion: I move that the Board of Commissioners approve the proposed amendments to Chapter 45 Farmland Preservation with any changes as discussed. Draft Amedments for the BOC Hearing Red Text - Proposed Amendments Chapter 45 - Farmland Preservation [HISTORY: Adopted by the Board of Commissioners of Henderson County. Amended 12-18-1991; 11-18-1998; 9-02-2008; 9-04-2012; 1-03-2022.] Article I- General Provisions 45-1.) Purpose; Statutory Authority; Title. A. The purpose of this Chapter is to encourage the voluntary preservation and protection of farmland from nonfarm development, recognizing the importance of agriculture to the economic and cultural life of the County. B. Pursuant to the authority conferred by Article 61 of Chapter 106 of the North Carolina General Statutes and for the purpose of promoting the health, safety, morals, and general welfare of Henderson County, the Board of Commissioners of Henderson County, North Carolina, does enact the following sections, which shall be known as the Velumlatry-Famland Preservation Program Ordinance ofHenderson County, North Carolina." ArtieleH APsaAwpyad 45-2. Definitions The following terms are defined for purposes ofthis Chapter: Agricultural Conservation Easement. An agricultural conservation easement (sometimes herein "ACE" or "Conservation Easement") shall have the meaning defined in N.C Gen. Stat. $106-744 and to the extent not inconsistent with N.C. Gen. Stat. $106-744 generally means a written agreement between a landowner and a qualified conservation organization or public agency under which: The landowner agrees to keep the land available for agriculture and/or forestry and restrict subdivision or non-farm development and other uses that are incompatible with commercial agriculture and forestry and The qualified conservation organization or public agency shall monitor the agricultural conservation easement to ensure the easement terms are met. No limitations shall be stated or interpreted to prevent a landowner from conducting agricultural activities, including, but not limited to, the production of crops, forestry products, horticultural crops or products, tillage, livestock, and livestock products. Associated uses allowable are sales and processing necessary and customarily incidental to the agricultural activities on-site, which are in keeping with the program's purpose. Board or Advisory Board. The Henderson County Agricultural Advisory Board. Board of Commissioners. The Henderson County Board of Commissioners. Chairman. The Chairman of the Agricultural Advisory Board. Conservation Agreement. Defined per N.C. Gen. Stat. $ 121-35 as a right, whether or not stated in the form of a restriction, reservation, easement, covenant, or condition, in any deed, will, or other instrument executed by or on behalf of the owner of land or improvement thereon or in any order of taking, appropriate to retaining land or water areas predominantly in their natural, scenic, or open condition or in agricultural, horticultural, farming, or forest use. District. A voluntary agricultural district. 1 Draft Amedments for the BOC Hearing Enhanced Voluntary Agricultural District. The enhanced voluntary agricultural district ("EVAD") shall have the meaning defined in N.C Gen. Stat. $106-743.1. Farmland Preservation Coordinator. This refers to a Henderson County employee in the Henderson County Soil and Water Conservation District office who administers the Agricultural Preservation Program and supports the Agricultural Advisory Board. Preservation Agreement. A voluntary agreement between a landowner and Henderson County for participation in the Voluntary Agricultural District Program. Qualified Land Conservation Organization. A tax-exempt organization with a mission dedicated to conservation or preservation and experience in real property acquisition, a land trust, or a government entity. Voluntary Agricultural District. The Voluntary Agricultural District ("VAD") shall have the meaning defined in N.C. Gen. Stat. $106-738. Article II Agricultural Advisory Board 45-3. Establishment A County Agricultural Advisory Board, to consisting of nine (9) 5 members appointed by the Board of Commissioners, is hereby established. 45-4. Residency Requirements: Oualifications: Terms; Vacancies; Removal. A. Each Board member shall be a resident of Henderson County and shall be selected to provide the broadest possible representation ofthe geographical regions and to represent, to the extent possible, all segments of agricultural production existing within Henderson County as per -aecerdance-with N.C. Gen. Stat. $106-739. B. The Board shall consist of nine (9) members. The membership shall consist of five (5) members actively engaged in agriculture (as defined by NC $ 106-581.1.), two (2) at-large members with some form of agricultural knowledge, and two (2) at-large members from one of the following related professions or fields: real estate, engineering, surveying, environmental consulting, or finance. The Board of Commissioners shall appoint the members. Preference shall be given to applicants who have experience with conservation easements. eSmwwe aiymaplesisiee-omalsefpmase candidatessubmittedeteBeandofceFCemmisienetsye-emdsenCeumty-Seiland-Wate: Camsratsmhais-ensemsm.mSawseABeyCamey COmiee,andABHbasimess-endesenCOMmy-APpeimimenisshenkébemmnde-withanefertte-have ebrendestgsgrphsuhrpeemasompesie-AlmemwsrieseMeeriemsermsefhneelyeass mémemerethmweet)emsesivetems: C. All members are to serve for three (3): year terms and no more than two (2) consecutive terms temms-ef4 yearspexeeptthatthatleimta-Beardiste-ensist-etl-appeinteeeraiemmf2years:2appeintees-fer termsef-years-and2eppeimtees-fetemsel4yersThereafer-alappeinmentsaresarete-be-frierms F4yeas-Mitveapponmmetspemied. D. Any vacancy on the. Agricultural Advisory Board is to be filled by the Board of Commissioners for the remainder of the unexpired term. The Agricultural Advisory Board may submit a recommendation for appointment. E. Any member of the Agricultural Advisory Board may be removed with or without cause by the Board of Commissioners. 2 Draft Amedments for the BOC Hearing F. Each member ofthe Board shall receive ethics training annually through Henderson County, the School of Government, the Henderson County Soil and Water Conservation District, or the North Carolina Soil and Water Conservation Commission. 45-5. Officer, Bylaws; Fiscal Year; Meetings; Recordings; Support Services. A. The Board is to elect a Chairman and Vice Chairman each year at its first meeting of the calendar fiscal year. The Chairman shall preside over all regular or special meetings of the Board. The Board shall adopt its own bylaws, and such bylaws or amendments thereto must be approved by the Henderson County Board of Commissioners. B. The Board will use the calendar County-fiseal year as its meeting year. Meetings of the Board shall be publicized and conducted in accordance with provisions ofthe North Carolina Open Meetings Law. Such meetings shall be held at the call ofthe Chairman and at such other times as specified in the Board's iits rules of procedure may-specify. C. The Board shall keep minutes of the proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact. The Board shall keep records of its examinations and other official actions, all ofwhich shall be immediately filed in the office of the Board and shall be aj public record. D. The Henderson County Agricultural Advisory Board shall contract with the Soil and Water Conservation District office to serve the Board for recordkeeping, correspondence, and application procedures under this Chapter and whatever other services the Board needs to complete its duties. 45-6. Powers and Duties. A. The Agricultural Advisory Board shall: 1. Review and approve applications for qualified qualifying farmland and Voluntary Agricultural Districts, Enhanced Voluntary Agricultural Districts, and Agricultural Conservation Easements, and make recommendations concerning the establishment and modification of agricultural districts, subject to the appeal of such decisions to the Board of Commissioners pursuant to N.C. Gen. Stat. $106-739(a)(I). 2. Hold public hearings pursuant to Article VI of this Chapter. 3. Advise the Board of Commissioners on projects, programs or issues affecting the agricultural economy or activities within the County that will affect agricultural districts. 4. Execute agreements with landowners necessary for enrollment of land in a voluntary agricultural district. 5. Perform other related tasks or duties assigned by the Board of Commissioners. B. Each district shall be assigned to a member of the Board who shall monitor and represent that district in all business conducted by the Board. Individual members will represent those districts closest to them geographically. No member will represent more than thirty percent (30%) of the total number of districts in the County or thirty percent (30%) of the total land area. C. Each member shall state ift there is a conflict ofinterest with any Agricultural Conservation Easement application the Agricultural Advisory Board reviews. Ifa Board member applies and requests federal, state, or local funding, that member shall not participate in reviewing or approving any application for the same review cycle as the Agricultural Advisory Board is considering their application. 3 Draft Amedments for the BOC Hearing Article III - Veluntary-Agrieultural-Distriels Qualifying Farmland 45-7. Qualifying Farmland As used in this Article, qualifying farmland per N.C, Gen. Stat. $106-737, must: A. Be managed, if highly erodible land exists on the farm, in accordance with the Natural Resources Conservation Service defined erosion-control practices that are addressed to said highly erodible land; and B. Be located in the unincorporated area ofHenderson County; and C. Either: 1. Be pParticipateing in the farm present-use-value taxation program established by N.C. Gen. Stat. Chapter 105, Article 12, or is otherwise determined by the county to meet all the qualifications oft this program set forth in N.C. Gen. Stat. $105-277.3; or, 2. Both: a. Be engaged in agriculture,' as thattermis defined in N.C. Gen. Stat. $106-581.1; and, b. Qualify as a "bona fide farm" under N.C. Gen. Stat. $160D-903(a). 45-8. Districts Not Permitted in Incorporated Areas CemntyGrewthAreas: A. Voluntary agricultural districts will not be permitted in pRCypeare incorporated areas, except by a separate agreement or memorandum of understanding. sdehmeatediathe-mest eentyadepled-CeumylamatsePamsehplambeimgadepedae-lheelkeefletivedaleeflhis Chapter. Article IV - Voluntary Agricultural Districts and Enhanced Voluntary Agricultural Districts Part One Voluntary Agricultural Districts 45-97. Purpose The purpose of voluntary agricultural districts, per N.C. Gen. Stat. $106-738(b), are formed by landowners shall be to encourage the economic and financial well-being of farming areas, decrease the likelihood oflegal disputes, such as nuisance actions between farm owners and their neighbors, undesirable nonfarm development, and other negative impacts on participating farms, and to increase the identity and pride in the agricultural community and its way of life. 45-108.A Application Procedure A. An agricultural district shall initially consist of at least fifty (50) or more contiguous acres of qualifying farmland or at least five (5) qualifying farms, which collectively will create a district with Page 3 of 13 Chapter 45 - Farmland Preservation Published on Henderson County North Carolina AeEPA each said farm lying within one mile of any other such farm. An agricultural district may be enlarged by adding qualifying farms subsequent to initial formation. B. An agreement to sustain, encourage, and promote agriculture must be executed by each applicant in the district and submitted to the Agricultural Advisory Board for approval. C. Landowners may apply to participate in existing districts and are encouraged to do SO. D. To secure County certification as in an agricultural district, a landowner, for such designation, will shall apply to the Chairmanefthe Agricultural Advisory Board. Application forms may be obtained from the Chairman-atthe Soil and Water Conservation District office eratheelliceoftheHemdersenCoumy PamningDeparmen: 4 Draft Amedments for the BOC Hearing E. Upon receipt of an application, the Henderson County Soil and Water Conservation District office, Farmland Preservation Coordinator, or its designee will evaluate each application the-Chairman-will ferwarésepiesimmediaeyielieHenleresCayAceeFeamse-emlersonCoumySain and-Waler-Conservation-Distietelieefliee-ferevaleation pursuant to Article IV. Said effices parties shall evaluate, complete, and return their copies to the Chairman Agricultural Advisory Board at the subsequent meeting wahn3odaysofreer. F. WiinsedysefrseipenseraméiieSaiemiaet Conservation-Distrietefiee,tThe Board will meet and render a decision regarding the application. The Chairman Board will notify the applicant by mail ofthe Board's decision. G. Tle-Paeidea, the Agricultural Advisory Board denies the application, the petitioner has thirty (30) days to appeal the decision to the Henderson County Board of Commissioners. Such appeal shall be presented in writing. The decision of the Board of Commissioners is final. ArtieleV ReyocationofPreservatiem-Agrement 45-1114. Notice. A. Expand-By written notice to the Board, a landowner of qualitying farmland may revoke the preservation agreement formulated pursuant to Article IVH Part 1 of this Chapter, or the Board may revoke the same preservation agreement based on noncompliance by the landowner. Such revocation shall result in loss of eligibility to participate in a Voluntary Agricultural District. Part Two. Enhanced Voluntary Agricultural Districts 45-1240. Purpose The purposed of Enhanced Voluntary Agricultural Districts is to provide, pursuant to N.C. Gen. Stat. $106- 743.1 et seq., all the benefits to the County of Voluntary Agricultural Districts under Part 1 oft this Article, with additional benefits to the County and to its farmland beyond that available in a voluntary agricultural district established under Part 2 of this Article, when the owner of the farmland agrees to the condition imposed hereunder. A. Enhanced Voluntary Agricultural Districts must meet all the requirements of Part 1 of this Article. B. Landowners who desire inclusion of their land in an Enhanced Voluntary Agricultural District must not only meet all the requirements of Part 1 oft this Article but must also enter into an irrevocable agricultural easement and conservation agreement (pursuant to N.C.G.S. $121-35) for a term of ten (10) years with Henderson County through its Agricultural Advisory Board, as specified below. Such easement shall contain aj provision that at its expiration, the easement automatically renews for subsequent three (3) year periods unless either party gives the other written notice prior to such expiration to Henderson County and its Agricultural Advisory Board. C. The form oft the agreement required under A., above, shall be approved by the Henderson County Agricultural Advisory Board and shall meet the requirements of N.C.G.S. $106-743.2. 45-1343. Benefits A. The benefits setferth outlined in this Part shall be available to the farmland that is the subject of the conservation agreement for the duration ofthe easement and conservation agreement and for SO long as the benefits of such agreement have not been withdrawn under the provisions of this Part due to non- compliance with the terms of such easement and conservation agreement. B. Property that is subject to a conservation agreement under N.C. Gen. Stat. $106-743.2 that remains in effect may receive up to twenty-five (25) percent of its gross sales from the sale of nonfarm products 5 Draft Amedments for the BOC Hearing and still qualify as a bona fide farm that is exempt from zoning regulations under N.C. Gen. Stat. $153A-340(b). For purposes of N.C. Gen. Stat. $153A-340(b), the production of any nonfarm product that the Department of Agriculture and Consumer Services recognizes as a "Goodness Grows in North Carolina" product that is produced on a farm that is subject to a conservation agreement under N.C. Gen. Stat. $106-743.2 is a bona fide farm purpose. A farmer seeking to benefit from this subsection shall have the burden of establishing that the property's sale of nonfarm products did not exceed twenty- five (25) percent of its gross sales. C. Pursuant to N.C. Gen. Stat. $106-743.4 (b), a person who farms land that is subject to a conservation agreement under N.C. Gen. Stat. $106-743.2 under N.C.G.S. Chapter 160 that remains in effect is eligible, Article 72 to receive the higher percentage of cost-share funds for the benefit of that farmland under the. Agriculture Cost Share Program established pursuant to N.C.G.S Chapter 143, Article 21, Part 9, for funds to benefit that farmland. D. All assessments for utilities provided by Henderson County are held abeyance, without interest, for farmland subject to a conservation agreement under N.C. Gen. Stat. $106-743.2 that remains in effect until improvements on the farmland property are connected to the utility for which the assessment was made. When the period of abeyance ends, such assessment is payable in accordance with the terms of the assessment resolution. Pursuant to N.C. Gen. Stat. $106-743.5(c), statutes of limitations are suspended during the time that any assessment is held in abeyance under this section without interest. 45-1450. Application Procedures for Enhanced Voluntary. Agricultural District Fa-mGagAePiwaNArwpaeapmsdwe PromwgmelyMonk.celnivnyaiegrafApiueeeesferhbelh-elmayend enhanedvehamtary-egiewwredass-follewing: A. Application Eligible landowners may apply to participate in existing districts and are encouraged to do SO. B. To secure county certification in an Enhanced Voluntary Agricultural District, a landowner with such designation will apply to the Agricultural Advisory Board. Application forms may be obtained at the Soil and Water Conservation District office. C. Upon receipt of an application, the Henderson County Soil and Water Conservation District office, Farmland Preservation Coordinator, or its designee will evaluate-each application pursuant to Article IV. Said offices shall evaluate, complete, and return copies to the Agricultural Advisory Board at their next meeting. The Board will meet and render a decision regarding the application. The Board-will notify the applicant by mail ofthe Board's decision. D. B Approval of Agriculture Easement and Conservation Agreement for the Enhanced Voluntary Agricultural District terms. Such agreement to sustain, encourage, and promote agriculture must be executed by the landowner and recorded with the Advisory Board and with the Henderson County Register of Deeds. Permitted uses for the land subject to such Easement and Conservation Agreement include agriculture, horticulture, forestry, and outdoor recreation. The Easement and Conservation Agreement for the Enhanced Voluntary Agricultural District shall be binding upon all successors in interest to the landowner according to its terms, except for successors in interest resulting from the exercise ofr rights under a security interest or lien that preceded the Easement and Conservation Agreement. E. C------ayiCwyew men-cemplianee Ift the. Agricultural Advisory Board denies the application, the petitioner has thirty (30) days to appeal the decision to the Henderson County Board of Commissioners. Such appeal shall be presented in writing. The decision of the Board of Commissioners is final. 6 Draft Amedments for the BOC Hearing Part Three - Procedures 45-15. Condemnation of Participating Farmland QmallyinglParmland A. Pursuant to N.C. Gen. Stat. $106-740, no State or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland enrolled in a Voluntary or Enhanced Voluntary Agricultural District until it has requested the Henderson County Agricultural Advisory Board to hold a public hearing on the proposed condemnation. B. Procedure for Public Hearing a. Upon Within 5 twenty (20) business days ofreceiving a request, the Henderson County Agricultural Advisory Board shall submit netice a press release describing the proposed action and date of! hearing in the newspaper of record within Henderson County within-S-business dayseftheregestamdwiHnhesameH-thepublieefa-The public hearing on the proposed condemnation,te shall be held within 40 twenty-five (25) days efreceiptefthe request. b. The. Advisory Board shall meet to review: b. Whether the need for the project has been satisfactorily established by the agency or unit of government involved, including a review of any fiscal impact analysis conducted by the agency involved; and C. Whether there are alternatives to the proposed action that have less impact and are less disruptive to the agricultural activities oft the Agricultural District within which the proposed action is to take place. C. The Agricultural Advisory Board may consult with the County Agricultural Extension Agent, the Natural Resources Conservation Service District Conservationist, and any other individuals, agencies, or organizations deemed by the Advisory Board to be necessary for its review of the proposed action. d. Within five (5) days after the hearing, the Advisory Board shall make a report containing its findings and recommendations regarding the proposed action and forward to the decision making body ofthe agency proposing the acquisition. e. The total time period from the day that a request for a hearing has-been is received to the day that a final report is issued to the decision making body of the agency proposing the acquisition shall not exceed thirty (30) days. Ifthe agency agrees to an extension, the agency and the Advisory Board shall mutually agree upon a schedule to be set forth in writing and made available to the public. f. herepertshal-be-mierteitsbeimgeenveyedte-the-deeisien- makimgbedyeFthe-prepesingtheaequsitien: g here-wieeperiaiefayahsrraiewwwewepartefheAdwisaP: Beard. h. AerheDaayperiseerpalirmthayPi-eAip."dahalsabmite na-repertcenaimingsemérecemmemdaiensregamdimgthe-pepesedaetionte he-debsiem-mahinghereflw-ePePrepesingihesguiaitien: hetsiahimepsindfemedyd-reughwheeihadeshe-dyaat ma-repertsissHeCHRe-dReEPRimgbedyeHeFegeney-prepesinesingtheaeqguisition halnsiesemd3e.ays-wyeeewesiwweageeyamé-he-Adwisey Bawndsamsalygrewaig-ineiie publie PumuwteNC-Gw-swewhwywamaly-inisneaystien leemdemany-mtereestingwalygiemmané-wAMnavelameay-egreukreuktura-distieteran enhanedvoluniaty-ary-agheuumeldisietwmilsuehegeneyhasregeesedepable-hearing 7 Draft Amedments for the BOC Hearing Article V. - Public Information and Notices 45-169. Maps; Public Notice. Voluntary and Enhanced Voluntary Agricultural Districts will be marked on official maps maintained by the Henderson County Soil and Water Conservation District office and displayed for public view. Maps are also available on the county's website. ECayalae A. RegistrarefDeeds: B. Code-Enfereement Tax-Celleeter D. Seiland-WaerCenservation-Distiet E. Coeperative-Niemsien: F. Land-Recerds: G-Any-etherofiefeedeemdmesesay-by-teBendereommissieners. 45-1721. Records: Notice of Proximity to District. A. At-sueh-time-as Henderson County's has-acemputerized Land Records system,it shall berequired-that sueh-recerds include some form of notice reasonably calculated to alert a person researching the title of aj particular tract that such tract is located within 1/2 mile ofthe property line of any tract of land enrolled in a Voluntary Agricultural District. 45-1810. Major Land Development and Subdivisions: Notice to Purchasers and Planned Unit Develepments. A. Developers of major subdivisions (as that term is used in the Henderson County Land Development Code) PhmstmkveepPaeNs shall designate on preliminary development plans the existence of Voluntary Agricultural Districts and Enhanced Voluntary Agricultural Districts within 1/2 mile of the proposed development. B. In addition, developers shall comply with all applicable provisions of the Henderson County Land Development Code, including but limited to those regarding Farmland Preservation Districts. C. As used in this Article, unless the context clearly indicates otherwise, the terms "Voluntary Agricultural District" and "Enhanced Agricultural District" shall have the same meaning as the term "Farmland Preservation District" as used in the Henderson County Land Development Code. 45-11.1 Pablie-infermation: Program Fhe-Ceamty-may-iakesuesehastiama:demsepPepriseawghleApiuwmAdMswery-Boanderelhe: edyorimiwadaHoeneeagee-famaisefsaay-grsuimeanther-heipupeses nd-ebyjeetives,mekepubieinteimemmatiempegram-ereasemably-infom-lamdewmersefthe-farmland preservatiempregram: 45-1929. Public information program. The County may take such action as it deems appropriate through the Agricultural Advisory Board or other body or individual to encourage the formation of voluntary agricultural districts and to further their purposes and objectives, including a public information program to reasonably inform landowners of the farmland preservation program. Official Henderson County electronic land records shall indicate the boundary of the area within 1/2 mile of a voluntary agriculture district.-and The Land Development Code shall further indicate any required setbacks from such district guirelythetmmeDevelepmemiCese. Article VI - Special Requirements 8 Draft Amedments for the BOC Hearing 45-2017 Purpose. The purpose of this article is to outline additional requirements of Henderson County's Soil and Water Preservation Districts Relp-meetthe-medsefageuure-sarindtstyantHeprevemteenteonfliels-between vehumtaty-agieuuraldistseparicipepamisamémemer-aimprewinity-te-disities. 45-2149. State Agency Notification and Consultation with OtherAgeneies. A. The Agricultural Advisory Board, or its designee, may shall consult s-uChas-pessible with the North Carolina Cooperative Extension, the Natural Resources Conservation Service office, the North Carolina Department of Agriculture and Consumer Services, the North Carolina Division of Soil and Water Conservation, and any other entity the Board deemsed necessary to the proper conduct ofi its business. B. A copy ofthis ordinance shall be sent to the Office of the North Carolina Commissioner of Agriculture and Consumer Services, the North Carolina Cooperative Extension, and the Henderson County Soil and Water Conservation District office after adoption. The Henderson County Soil and Water Conservation District office is responsible for any required reporting. 45-2220. Filing with Commissioner Of Agriculture: Annual Reports. A.A Aeepyefts-ChaplrshalbereserdedwihheNenthenlhCarimeCommissonerofAgiculeuuresefiee-afe: adeptien At least once a year, the County shall submit a written report to the Commissioner of Agriculture's office indicating the status, progress, and activities of the County's farmland preservation program, including voluntary agricultural districting information regarding: 1. Number of landowners, acres, and farms enrolled. 2. Number of acres applied. 3. Number of acres certified. 4. Number of acres denied. 5. Date each agricultural district was certified. B-CepeseHlhereperseiSabetienwibesente: - NerCasimaCemmisinerefAgMeur. 2. NonkCHmelmaepetmemtePhampetaten 3. Morh-CareimaD-parmeparmentoFCemmere. HendesenvHe-ChamberofCemmere. Any-etherentitiesthe-Beare-dems-apprepriate: 45-2352. Through 45-3375. (Reserved) Article VII County Land Use Planning 45-34. County Land Use Planning A. It shall be the duty of the. Agricultural Advisory Board to advise the Board ofCommissioners and any other agency or office to which the Board of Commissioners delegates authority to oversee County land use planning on the status, progress, and activities oft the County's Voluntary Agricultural District program and Enhanced Voluntary Agricultural District program. They also should coordinate the formation and maintenance ofthe VAD, EVAD, and agricultural conservation easements with the County's land use planning activities, the County's Comprehensive Plan, and the County's Agricultural Preservation Plan. 45-35 through 45-40. Reserved 9 Draft Amedments for the BOC Hearing Article VIII - Agricultural Conservation Easements 45-41. Agricultural Conservation Easement Program A. Purpose. Preserving the County's agricultural lands in a manner that directs and accommodates growth and development is a high priority for County residents. To this end, the County establishes the following goals: 1. To permanently protect and conserve those land in the County best suited for agricultural uses; 2. To identify and harmonize policies of government at all levels which may conflict with the goal of protection of farmland; 3. To reduce land use conflicts between agricultural and other land uses; and 4. To promote agriculture as an integral part oft the County's economy. B. The Henderson County Soil and Water Conservation District staff and the Farmland Preservation Coordinator shall make recommendations to the Agricultural Advisory Board on selecting properties for the purchase and/or donation of agricultural conservation easements. Subject to the availability of local, state, and federal funding, the Henderson County Soil and Water Conservation District may acquire or support the acquisition of agricultural conservation easements consistent with this ordinance. It may seek assistance from any appropriate qualified conservation organization. 45-42. Purchase or Seeking Funding for Agricultural Conservation Easements A. General. Subject to the availability of funds, the County may purchase or facilitate the purchase of agricultural conservation easements for agricultural and/or forestry lands. All applications for the purchase of agricultural conservation easements will be evaluated based on a ranking system. Applications may be ranked based on various site factors determined by the Henderson County Soil and Water Conservation District staff and Farmland Preservation Coordinator. Agricultural conservation easements may be purchased in accordance with the ranking of agricultural properties and the availability of funding. B. Description. The purchase of agricultural conservation easements is legally binding, restricting the owners and future owners to agricultural and/or forestry land use. The agricultural conservation easements will be held by either Henderson County, the Henderson County Soil and Water Conservation District, Cooperative Extension, or in public trust by a qualified conservation organization. Agricultural conservation easements will be in perpetuity and compliance with the North Carolina Conservation and Historic Preservation Agreements Act and applicable federal and state laws. : Authority. Henderson County may apply for grant funding for its agricultural preservation program. The County may enter into cooperative agreements with a qualified conservation organization, the United States Department of Agriculture Natural Resource Conservation Service (USDA NRCS), the North Carolina Department of Agriculture and Consumer Sciences Agricultural Development & Farmland Preservation Trust Fund (NCDA&CS, ADFPTF) or other agencies to facilitate the agricultural conservation easement purchase. D. Minimum eligibility criteria. There is no minimum acreage eligibility requirement to apply, but grant funding sources may have minimum acreage criteria. E. Application procedure. An application must be submitted to the Henderson County Soil and Water Conservation District staff, Farmland Preservation Coordinator, or its designee. Applications will be accepted year-round, reviewed, and ranked for funding during two (2) annual reviews held six (6) months apart. F. Review and ranking ofapplications. The Henderson County Soil and Water Conservation District staff and the Farmland Preservation Coordinator are responsible for developing and maintaining a system to rank and evaluate projects fairly and impartially. The agricultural preservation ranking system will be used to rank and prioritize applications received from landowners seeking the purchase of an agricultural conservation easement. The Farmland Preservation Coordinator, in coordination with the 10 Draft Amedments for the BOC Hearing Henderson County Soil and Water Conservation District staff, will rank each application and present it to the. Agricultural Advisory Board for approval. 45-43 Donation of Agricultural Conservation Easements A. General. Henderson County may accept a voluntary donation of agricultural conservation easements or work with partners to facilitate these donations. B. Description. Donating agricultural conservation easements is legally binding, restricting owners and future owners to agricultural and/or forestry land use. The agricultural conservation easements will be held by either Henderson County or the Henderson County Soil and Water Conservation District or in public trust by a qualified conservation organization. They will be in perpetuity and compliance with the North Carolina Conservation and Historic Preservation Agreements Act and applicable federal and state laws. C. Minimum eligibility criteria. There is no minimum acreage eligibility requirement to apply. D. Application procedure. Upon contact by a landowner, a meeting will be set with the Henderson County Soil and Water Conservation District staff and the Farmland Preservation Coordinator or its designee to discuss the donation of an agricultural conservation easement. E. Funding. Any application seeking funding shall be ranked under 45-87. 45-44 Baseline Documentation and Monitoring A. Baseline documentation purpose. This policy establishes the procedure for collecting, compiling, and storing baseline documentation for agricultural conservation easements managed by Henderson County, the Henderson County Soil and Water Conservation District, or a qualified conservation organization. The County must have baseline documentation for all properties it protects. This information establishes the condition of a property at the time of easement acquisition or donation, allowing comparisons with findings during subsequent monitoring events. B. Baseline data collection. The volume and specificity ofthe information included in the baseline documentation report may vary depending on the easement terms and the property's conservation objectives. Henderson County's policy is that the Henderson County Soil and Water Conservation District staff, the Farmland Preservation Coordinator, or their designee will collect baseline data. C. Baseline data collected during a site visit will generally include: 1. Boundary photos as well as photos of special features, structures, and other improvements and/or human modifications. 2. Data and locations on a map of each photo, special feature, structure, and other improvements (Global Positioning System (GPS) is preferred); 3. Other natural resource information documenting the conservation values of the site, such as soil maps, land cover data, natural community descriptions, ecological data, and other relevant agricultural or forestry information. D. The easement grantee shall keep a copy oft the baseline documentation report on file, which the landowner must review prior to closing. E. Monitoring purpose. To protect conservation values and maintain safety on its fee simple properties, the Henderson County Soil and Water Conservation District staff, the Farmland Preservation Coordinator, or its designee will regularly monitor and maintain detailed records of inspections, problems on the property, and actions taken to address such issues. a. Monitoring personnel. The easement holder is responsible for overall monitoring supervision, which will be coordinated with the Henderson County Soil and Water Conservation District staff and the Farmland Preservation Coordinator. b. Monitoring procedure. Comprehensive monitoring shall be performed at least annually, with additional monitoring visits and reports to be generated as needed. Property owners will be notified prior to the scheduled monitoring visit. 11 Draft Amedments: for the BOC Hearing 45-45. Miscellaneous A. Severability. If any section, subsection, clause, phrase, or portion of this Article is for any reason found invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions ofthis Article. B. Conflict with other ordinances and statutes. Whenever the provisions ofthis Article conflict with other ordinances ofHenderson County, the provisions oft those other ordinances shall govern. Whenever the provisions of any federal or state statute conflict with this Article, the provisions of such federal or state statute shall govern. The sole remedy for a land use not complying with this Article shall result in a civil action and removal of the non-qualifying land from the Henderson County Voluntary Agricultural District or Enhanced Agricultural District program. Recreational use ofland that does not interfere with agricultural uses as defined in N.C. Gen. Stat. $106-581.1 shall not be considered non-compliant with this Article unless otherwise stated in the agricultural conservation agreement. C. Amendments. This ordinance and its articles may be amended by the Board of Commissioners. 45-46 through 45-99. Reserved. 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