1 00:00:01,920 --> 00:00:11,759 It is 4 o'clock. So, I will call to order the second monthly meeting of the 2 00:00:07,520 --> 00:00:18,640 Hendersonville City Council, August 26, 2026. 3 00:00:14,080 --> 00:00:22,720 Um, you have the agenda in front of you. Is there anything you would like to uh 4 00:00:21,279 --> 00:00:27,279 change on the >> Yes. Yes. Mayor vote, members of city 5 00:00:25,600 --> 00:00:32,239 council, >> you're getting this nice feedback out 6 00:00:29,599 --> 00:00:39,920 here on >> So, uh, like to make a couple changes to 7 00:00:36,320 --> 00:00:43,840 the agenda. Would like to remove item A, farmland preservation bond referendum 8 00:00:42,160 --> 00:00:50,399 update from Henderson County. That will be a month from today. And I'd like to 9 00:00:47,120 --> 00:00:56,800 add a presentation by Father Andreas um, under item A. And then I would like to 10 00:00:53,520 --> 00:01:04,120 add item E, discussion regarding Lenny's law following the legislative updates. 11 00:01:00,079 --> 00:01:04,120 Those are my changes, please. 12 00:01:04,400 --> 00:01:13,760 » Right. Council, anything you would like to have added or removed? 13 00:01:10,479 --> 00:01:17,280 If not, a motion may move the city council approve the 14 00:01:15,360 --> 00:01:22,320 agenda as amended. >> Thank you. Is there any discussion? 15 00:01:20,240 --> 00:01:24,640 Not. Those in favor of approving the agenda as amended say I. 16 00:01:24,159 --> 00:01:31,200 » I. >> Those oppos say no. Eyes have it. We 17 00:01:27,040 --> 00:01:37,280 have our amended. Our agenda as amended. All right. Uh presentations. 18 00:01:34,960 --> 00:01:41,280 We have a special presentation 19 00:01:39,200 --> 00:01:45,280 introduction. So I think most people are you could 20 00:01:43,600 --> 00:01:51,520 just come to the podium father. Thank you. Um and Chief Ward, 21 00:01:49,840 --> 00:01:58,640 I think most people know that there was a fire at Immaculate Conception um 22 00:01:54,320 --> 00:02:02,560 during mass on Saturday afternoon. And I have heard just like a tremendous 23 00:02:00,560 --> 00:02:07,439 response from our parishioners and people in the community and our priest 24 00:02:04,880 --> 00:02:13,200 about the response time and how well you guys handled everything. Everybody was 25 00:02:09,440 --> 00:02:17,360 evacuated very quickly and so um we wanted to thank you but also so did 26 00:02:15,120 --> 00:02:22,000 Immaculate Conception and he wanted to bring a letter of appreciation today. 27 00:02:19,520 --> 00:02:27,040 » Yeah, thank you very much. Um it was just really nice to have the reassuring 28 00:02:24,319 --> 00:02:32,560 uh presence uh the professionalism of the fire department and the police 29 00:02:29,760 --> 00:02:37,680 department as well. Um it just brought a calm and everybody just was not alarmed. 30 00:02:35,680 --> 00:02:42,959 There wasn't panic. it was they were just doing their job and so it it you 31 00:02:40,800 --> 00:02:50,319 know it wasn't a huge huge incident but it was um it was an incident and so it 32 00:02:47,120 --> 00:02:55,920 it we lived it through with their help um in a way that I don't know um it was 33 00:02:53,840 --> 00:03:01,040 the best possible outcome that could have happened in a situation like that. 34 00:02:58,720 --> 00:03:05,760 So, just wanted to present a letter of appreciation to the members of the 35 00:03:03,040 --> 00:03:14,800 Hendersonville Fire Department on behalf of myself uh representing the parish and 36 00:03:09,280 --> 00:03:21,400 all our um 2200 families that um participate and our members of our faith 37 00:03:17,760 --> 00:03:21,400 community. So, 38 00:03:22,397 --> 00:03:24,417 [applause] 39 00:03:33,920 --> 00:03:38,200 No, that's that's all right. 40 00:03:44,239 --> 00:03:51,840 » Oh, thank you so much >> for uh thank you for thanking our fire 41 00:03:50,720 --> 00:03:54,799 department. >> It's great. It's 42 00:03:55,760 --> 00:04:03,840 All right. Uh, next we have a presentation regarding 43 00:04:00,879 --> 00:04:07,519 uh, improvements to city board and commission support. 44 00:04:06,159 --> 00:04:12,080 » Thank you, Madame Mayor, members of council. John and I are going to talk to 45 00:04:10,000 --> 00:04:16,799 you about a board and committees overhaul. 46 00:04:13,840 --> 00:04:21,759 the desired outcome for today. We want some feedback on proposed changes 47 00:04:19,440 --> 00:04:26,639 including marketing, training, onboarding, and the appointments and 48 00:04:24,160 --> 00:04:31,440 then hear any of your concerns or anything that we may have overlooked. 49 00:04:28,720 --> 00:04:36,000 » The reason we're doing this is we've had a pretty significant attrition rate on 50 00:04:33,759 --> 00:04:42,160 our boards and commission. Also, I know that members of um city council have 51 00:04:38,479 --> 00:04:50,000 received concerns about maybe how training, how meetings may be run. Also, 52 00:04:46,720 --> 00:04:54,639 um you know, we've had meetings where um we haven't had quorum a number of times 53 00:04:52,000 --> 00:04:58,720 and we want to make sure that our boards and commissions are running most 54 00:04:55,919 --> 00:05:03,919 efficiently as they can and also that everybody's getting value um not only 55 00:05:01,919 --> 00:05:07,680 value from city council, from the advice you get from the boards and commission, 56 00:05:05,520 --> 00:05:14,360 but also from our board and commission members um who are devoting their time 57 00:05:10,320 --> 00:05:14,360 to this work. 58 00:05:14,400 --> 00:05:22,240 So, as John mentioned, some of the reasons why we're uh proposing some of 59 00:05:19,360 --> 00:05:26,960 these changes, it was noted in your strategic plan under the focus area of 60 00:05:24,479 --> 00:05:33,199 engaged and educated community. The overhaul was a big rock that uh was 61 00:05:29,759 --> 00:05:38,560 captured um to increase retention of members and also to empower our staff 62 00:05:36,160 --> 00:05:44,400 assist to make sure that they receive the training that uh helps make the 63 00:05:40,800 --> 00:05:44,400 boards and committees more effective. 64 00:05:44,560 --> 00:05:51,440 So, a little bit of background. Uh, we met with staffis and the board and 65 00:05:49,440 --> 00:05:56,880 committee chairs. Uh, we actually met with the staff twice. And some themes 66 00:05:54,320 --> 00:06:02,160 that came out of those meetings included a lack of understanding of role in time 67 00:05:59,199 --> 00:06:07,360 obligations, a lack of board specific training, a desire to have input on 68 00:06:04,720 --> 00:06:12,639 applicants, and then overall concerns with civility. 69 00:06:10,160 --> 00:06:18,960 We had I mean I think we it was a good approach. I had previously interviewed 70 00:06:15,360 --> 00:06:24,720 members of the ESB um who had left that board. Um got a variety of reasons why 71 00:06:21,840 --> 00:06:31,840 people left the board um the resignations and things. Um so um a lot 72 00:06:28,479 --> 00:06:37,520 of it came down to uh maybe personality disagreements or um issues or just time 73 00:06:35,280 --> 00:06:40,960 obligations. So, and then when we sat down with the [clears throat] committee 74 00:06:38,720 --> 00:06:46,560 chairs, we received this kind of feedback, but nothing glaring. Um, but 75 00:06:44,720 --> 00:06:52,840 we feel like what we're presenting tonight or this afternoon will will be a 76 00:06:48,720 --> 00:06:52,840 good approach going forward. 77 00:06:52,960 --> 00:07:01,680 » So, moving into some suggested actions. First is to update kind of the marketing 78 00:06:59,599 --> 00:07:06,800 of the boards and committees. This includes introduction videos that are 79 00:07:04,400 --> 00:07:11,280 specific to each board and committee, web pages that clarify roles, 80 00:07:08,960 --> 00:07:16,800 responsibilities, what some of their ongoing projects are, and what typical 81 00:07:13,599 --> 00:07:21,440 tasks look like for members. One of the larger things that we're uh wanting 82 00:07:18,800 --> 00:07:27,440 feedback on are the prerequisites. Uh this would require before applying 83 00:07:25,360 --> 00:07:32,639 for potential applicants to either attend two board meetings or attend one 84 00:07:30,720 --> 00:07:37,840 board meeting and then meet with the staff assist one on- one. This would I 85 00:07:35,919 --> 00:07:41,919 think inform them more about kind of what they're getting into. Um and 86 00:07:40,080 --> 00:07:45,680 hopefully since they know what they're getting into, they're more likely to 87 00:07:43,360 --> 00:07:49,840 stay. And the reason we gave two options is some of our boards only meet 88 00:07:47,280 --> 00:07:55,280 quarterly, but we made them attend two board meetings. You know, it's half a 89 00:07:51,759 --> 00:07:58,479 year for they may lose interest. So, we gave them the option that they can go to 90 00:07:56,639 --> 00:08:07,400 one board meeting and then follow up with the staff to talk about what they 91 00:08:00,639 --> 00:08:07,400 saw um and what our um expectations. 92 00:08:08,639 --> 00:08:16,800 Increased training is a another large topic that we heard over and over during 93 00:08:14,080 --> 00:08:21,360 our meetings. Um, we would like to do one-on-one onboarding with the staff 94 00:08:18,800 --> 00:08:26,080 assist, which with each of the appointed members. And then we'd like to do yearly 95 00:08:24,160 --> 00:08:30,560 training for not only board members, but also the staff assist to cover things 96 00:08:28,319 --> 00:08:34,880 like procedural roles, civility, conflict of interest, and attendance 97 00:08:32,719 --> 00:08:38,800 requirements. and then for the council liaison for the boards and committees to 98 00:08:37,440 --> 00:08:42,880 really understand the roles and responsibilities of that position. Uh 99 00:08:41,279 --> 00:08:47,279 and then also the school of government does provide training and uh we think 100 00:08:45,360 --> 00:08:49,519 that the city should support board and committee members to attend those 101 00:08:48,560 --> 00:08:55,519 trainings. >> Um we as we were talking to the chairs 102 00:08:52,080 --> 00:08:59,839 about um the council liaison role. We felt like it's a role that each of you 103 00:08:57,680 --> 00:09:03,839 serve on a committee and they they would like for that role be for liaison to 104 00:09:02,480 --> 00:09:07,839 bring back their goals, bring back what they're 105 00:09:05,760 --> 00:09:12,080 doing to the full city council. They want to make sure there's that two good 106 00:09:09,279 --> 00:09:18,080 two-way communication. So, um, we would like so if they're going off track, the 107 00:09:15,760 --> 00:09:21,440 liaison can come back to council, talk about what they're doing if they are 108 00:09:19,519 --> 00:09:24,720 kind of because they're advising the city council, right? That is their role. 109 00:09:23,279 --> 00:09:29,040 One of their roles is to advise city council. I mean, planning board and 110 00:09:26,480 --> 00:09:32,240 board of adjustment um and HPC are a little bit different because they have 111 00:09:30,000 --> 00:09:36,880 statutory requirements or regulatory, but our others are are strictly advisory 112 00:09:34,480 --> 00:09:41,360 for you. And so, we want to make sure um that they are providing the advice that 113 00:09:39,279 --> 00:09:45,120 you want to and going in the direction. Not that you control what they're doing, 114 00:09:42,720 --> 00:09:50,320 but just make sure if they have projects or initiatives that don't align with our 115 00:09:47,839 --> 00:09:55,760 strategic goals and the council's vision that we can guide them through the 116 00:09:52,320 --> 00:10:02,040 council leaison to um to refocus their energy to prevent frustration farther 117 00:09:58,720 --> 00:10:02,040 down the road. 118 00:10:02,240 --> 00:10:11,440 » Input on appointments. Uh this came up both via staffis and the chairs. Um what 119 00:10:08,959 --> 00:10:16,399 we are suggesting is that we share the applications with staff assist and get 120 00:10:14,079 --> 00:10:21,920 general comments not recommendations on appointments but highlights if they you 121 00:10:19,279 --> 00:10:26,720 know volunteer with the HPC or they were previously on a board. Um that way it 122 00:10:24,640 --> 00:10:31,200 can better inform your decision on who to appoint. And then we're also 123 00:10:29,040 --> 00:10:37,519 suggesting that we change appointment months. So right now we appoint in June 124 00:10:34,959 --> 00:10:43,040 and December. We're suggesting we change that to May and November. That will give 125 00:10:40,240 --> 00:10:48,399 an additional month which will allow for that proper onboarding of the new member 126 00:10:45,360 --> 00:10:55,120 before their term actually begins. >> I would add here um we our tradition or 127 00:10:52,959 --> 00:11:00,720 my position and and the city attorney I think agrees with me. Um previously we 128 00:10:58,640 --> 00:11:05,600 believe or we still believe that appointment of boards and commission 129 00:11:02,560 --> 00:11:10,079 members are city council appointments. staff should not be driving that. These 130 00:11:08,560 --> 00:11:15,360 these are your appointments. These are folks in in our community that will be 131 00:11:12,880 --> 00:11:19,920 advising you. However, um and so historically we have just kind 132 00:11:18,079 --> 00:11:22,800 of left it and staff has not been involved at all. We took the 133 00:11:21,120 --> 00:11:28,880 applications, we gave you the applications and let you do what you may 134 00:11:25,680 --> 00:11:33,040 with them. Um, but we've also learned that, you know, there's some things that 135 00:11:30,480 --> 00:11:37,360 maybe we can put as general notes, general comments if people have been 136 00:11:34,880 --> 00:11:43,519 active that may help help you make decisions, help you discern who the best 137 00:11:39,360 --> 00:11:47,040 candidates are. Again, as um Jenny said, you know, somebody who if they want to 138 00:11:45,360 --> 00:11:50,880 apply for the ESB and they've been for the last five years have been working at 139 00:11:48,880 --> 00:11:54,800 Hindo Earthfest and other candidates haven't volunteered 140 00:11:53,279 --> 00:11:58,160 their time, that may be good information for you. doesn't mean you have to 141 00:11:56,079 --> 00:12:02,959 appoint that person. That may be good information. Same for historic 142 00:12:00,320 --> 00:12:06,880 preservation. If somebody's or downtown, somebody took it used their own time and 143 00:12:05,040 --> 00:12:11,360 their own money go to go to the main street conference. Maybe you should know 144 00:12:09,040 --> 00:12:16,000 that compared to other folks that are just filled out a form. Um but it is 145 00:12:13,760 --> 00:12:19,760 just want to be clear. It is it is still our belief that these appointments are 146 00:12:18,240 --> 00:12:26,399 your appointments. We just want to give you the information and the data so you 147 00:12:22,399 --> 00:12:26,399 can make good sound decisions. 148 00:12:27,040 --> 00:12:34,720 One thing that may help guide the boards and committees uh and kind of keep them 149 00:12:32,320 --> 00:12:41,120 from going off track is we're suggesting that they create yearly work plans. Um 150 00:12:37,519 --> 00:12:47,120 this will identify events, policies, projects, uh have them submit formal 151 00:12:44,160 --> 00:12:52,079 budget requests, identify alignment with the overall city strategic plan. uh and 152 00:12:49,920 --> 00:12:58,160 we'd want to put that in front of you for adoption uh during the budget 153 00:12:55,440 --> 00:13:02,240 ordinance adoption meeting as well. Um in addition to that, we would like I 154 00:13:00,560 --> 00:13:06,560 think we learned quite a bit meeting with the staff assist and the chairs and 155 00:13:04,320 --> 00:13:10,240 we'd like to continue that hosting semianual meetings with the staff assist 156 00:13:08,720 --> 00:13:14,880 and then annual meetings with the chairs. This will help us kind of keep a 157 00:13:12,720 --> 00:13:19,040 thumb on what trends we're seeing if retention isn't quite where we want it 158 00:13:16,720 --> 00:13:23,600 to be and so we can take corrective action like we're doing today. And then 159 00:13:21,360 --> 00:13:27,680 another thing that we are suggesting is uh offboarding to either do an exit 160 00:13:25,920 --> 00:13:30,880 interview or an exit survey to understand why people are exiting the 161 00:13:29,440 --> 00:13:34,880 boards. I think the thing I would add here as it 162 00:13:32,480 --> 00:13:40,240 relates to the work plan is our we our vision is that happens during the spring 163 00:13:36,639 --> 00:13:45,440 of the year um particularly um around February March maybe it definitely in 164 00:13:43,519 --> 00:13:49,360 the early part of the winter or in the winter so that if there's any financial 165 00:13:47,600 --> 00:13:54,399 resource request we can get it in the budget there's no surprises. Um, and 166 00:13:52,560 --> 00:14:00,079 then also have it adopted as part of the budget so that council can see the work 167 00:13:57,120 --> 00:14:04,800 that is being proposed by your boards and commissions. Again, making sure it's 168 00:14:02,880 --> 00:14:09,760 in line with the vision of the city council in line with our strategic plan. 169 00:14:07,199 --> 00:14:14,959 So, if we need to make adjustments of their work plan, we can do that. Um, and 170 00:14:11,839 --> 00:14:20,639 then the work plan will begin July 1. It'll go for a year. So, you know, we'll 171 00:14:17,120 --> 00:14:24,639 start it this January of 27, develop the plan and their first even though they 172 00:14:22,639 --> 00:14:29,839 some of them even the HPC has a work plan, but it'll be a formal process. The 173 00:14:27,600 --> 00:14:33,519 council is aware of what your boards and commissions and if there's things again 174 00:14:31,920 --> 00:14:38,959 projects or initiatives they want to do that may not align with what we want 175 00:14:37,120 --> 00:14:42,880 them to spending their energy on right now, we can give them that advice and 176 00:14:40,800 --> 00:14:48,959 and redirect that energy so again so they don't become frustrated. 177 00:14:46,399 --> 00:14:53,160 And that is all we have for you and we'd love to hear your thoughts and 178 00:14:50,160 --> 00:14:53,160 questions. 179 00:14:54,639 --> 00:15:00,399 » Question. >> I think all of this sounds great. 180 00:14:59,760 --> 00:15:05,279 » Fantastic. >> Um, yeah. No, I think there's definitely 181 00:15:03,440 --> 00:15:08,959 some training that needs to happen with the board members because I get 182 00:15:06,720 --> 00:15:15,279 questions a lot of like, can we do that? Do we need a second for this? and you 183 00:15:11,839 --> 00:15:19,920 know, whatever procedural issues that they may have and like I'm happy to 184 00:15:17,440 --> 00:15:24,880 answer them to the best of my knowledge. Um, but it would be nice if they already 185 00:15:22,720 --> 00:15:29,279 knew. And then I also think talking more about like time and these meetings don't 186 00:15:27,519 --> 00:15:32,160 need to be more than an hour and a half unless it's something like planning 187 00:15:30,639 --> 00:15:36,320 board or board adjustment or HBC, something that has some sort of other 188 00:15:34,240 --> 00:15:40,959 thing they need to be doing. But um, and I like the work plans. I think that'll 189 00:15:38,240 --> 00:15:43,920 help the boards also stay on track so they know like this is our plan for the 190 00:15:42,800 --> 00:15:48,800 year and this is what we're going to work on and this is what we're going to 191 00:15:45,120 --> 00:15:52,880 talk about and um I think I think the require the prerequisite requirements 192 00:15:50,800 --> 00:15:56,800 are also because I do think a lot of people like oh this sounds fun and then 193 00:15:55,360 --> 00:16:01,600 they start to do it and they're like oh this is a lot of work so it'd be nice 194 00:15:59,040 --> 00:16:04,160 for them to get an idea of and who knows maybe they'll find a board that they're 195 00:16:02,800 --> 00:16:08,720 interested in that they didn't know they were interested 196 00:16:06,480 --> 00:16:14,079 » yeah I agree with um Councilwoman Simpson. I think this a good idea 197 00:16:10,720 --> 00:16:20,800 because some board members uh have the impression that they're the 198 00:16:16,800 --> 00:16:26,240 voice of the for the public and um so some clarification on that 199 00:16:23,600 --> 00:16:29,199 would really help and then as a leazison then we know what we're not what we're 200 00:16:27,759 --> 00:16:35,040 to do and what we're not supposed to do. I know we don't have any voting power. I 201 00:16:31,680 --> 00:16:39,120 do know that we just act as a bridge between the city [music] and and the 202 00:16:37,040 --> 00:16:43,639 different boards. I definitely think the training is much needed. 203 00:16:45,680 --> 00:16:54,399 » Um I wonder about doing like personalized applications by board too. 204 00:16:51,519 --> 00:17:00,800 I think that some of this like what a did for us for the last appointments was 205 00:16:57,120 --> 00:17:04,319 super helpful and gave us sorry um I think a good comprehensive look at like 206 00:17:02,639 --> 00:17:09,039 all of the related pieces like the things that John mentioned as examples. 207 00:17:06,720 --> 00:17:14,000 I'm wondering if a way to streamline that might be to have specific 208 00:17:11,600 --> 00:17:19,839 applications per board so that folks who do have specific 209 00:17:16,240 --> 00:17:24,319 interests can identify those. Um just something that I think we the folks that 210 00:17:21,839 --> 00:17:27,919 on ESB brought up because there were things that were being missed in 211 00:17:25,760 --> 00:17:32,960 appointments and they were like, well, I've done this for this many years and 212 00:17:31,120 --> 00:17:38,080 council didn't know about it and and staff may not know about it, too. So, 213 00:17:35,280 --> 00:17:43,440 like to reduce the risk of us overlooking those things as just 214 00:17:40,000 --> 00:17:46,880 people who may be wouldn't know. I mean, I think you could do I don't 215 00:17:45,280 --> 00:17:50,240 know how I feel about different applications for every board just 216 00:17:48,240 --> 00:17:55,919 because that sounds logistically like a nightmare for Jill, but [laughter] 217 00:17:54,000 --> 00:17:59,440 I do think that we need to look at the application because I do think there are 218 00:17:57,760 --> 00:18:04,559 questions on there that could be added like, have you volunteered with the city 219 00:18:01,200 --> 00:18:08,480 in the past? Tell us when and for what. And like then that way we can have that 220 00:18:06,880 --> 00:18:12,160 singled out. And I do think that that spreadsheet 221 00:18:09,520 --> 00:18:15,280 » was extremely helpful last time because then we didn't have to go back and forth 222 00:18:13,760 --> 00:18:18,640 like between all the applications like what who did that and who did this and 223 00:18:16,799 --> 00:18:21,919 like you know it was just all there for us. So I do think we should look at the 224 00:18:20,640 --> 00:18:28,000 application and see what else we can capture as far as information that would 225 00:18:24,480 --> 00:18:30,720 be helpful for us to know but um >> that that's a good happy medium. I don't 226 00:18:29,360 --> 00:18:34,640 want to make Jill have >> I think you're completely right. Also, I 227 00:18:32,880 --> 00:18:37,200 think the staff comments will make a huge difference, which is what you're 228 00:18:35,840 --> 00:18:39,120 already suggesting to do. >> Yeah. 229 00:18:37,520 --> 00:18:41,919 » And so, >> um, you know, if I'm applying for 230 00:18:40,799 --> 00:18:44,640 something, I will put my best foot forward when I'm applying for it. So, 231 00:18:43,200 --> 00:18:48,799 I'm going to tell you on my application what all I have done and but should be 232 00:18:47,280 --> 00:18:53,520 on there. And then if we're getting comments from staff about things that, 233 00:18:51,200 --> 00:18:56,240 you know, specifically pertain to a higher level of education or 234 00:18:54,960 --> 00:18:59,200 qualification for that board, then that helps us to make the better decision. 235 00:18:57,760 --> 00:19:02,080 So, I think that's great. >> Yeah. Yeah. And I think staff also gives 236 00:19:00,640 --> 00:19:05,440 us a good insight of like it would be really nice if we had a person that had 237 00:19:03,440 --> 00:19:09,039 a background in this for this board. Yeah. Yeah. 238 00:19:07,360 --> 00:19:12,200 » Thank you. Perfect. Thank you very much. >> Thank you. 239 00:19:15,039 --> 00:19:24,120 » Okay. Uh next the draft data center moratorum plan. 240 00:19:27,360 --> 00:19:36,320 Good evening, Madame Mayor, members members of council. Um, 241 00:19:32,640 --> 00:19:43,679 gonna start with uh privilege of the podium to introduce uh Nico Amy. Uh, 242 00:19:40,080 --> 00:19:48,960 Nicholas Nico is our UNC School of Government fellow this year. Um, he 243 00:19:46,799 --> 00:19:54,480 joins us uh from Fagatville. He's a graduate of Wake Forest and he is uh 244 00:19:52,080 --> 00:19:58,720 interested in the field of law. Uh Daniel has yet to swerve him away from 245 00:19:56,799 --> 00:20:03,440 it, but [laughter] uh may continue to try. Um Nico is 246 00:20:01,919 --> 00:20:07,200 working with us and working with the community development department uh 247 00:20:04,960 --> 00:20:12,240 helping on a number of projects associated with our strategic housing 248 00:20:09,039 --> 00:20:18,080 plan and he is with us for a year. So he is with us through June 30th. I'm sure 249 00:20:14,240 --> 00:20:23,840 you'll see him again. And he comes free to us although he is getting paid. uh 250 00:20:21,039 --> 00:20:29,919 the school of government uh has a relationship with Americanore and he is 251 00:20:26,960 --> 00:20:34,720 uh supported via that program which is wonderful. So just wanted to take the 252 00:20:32,080 --> 00:20:38,320 opportunity to introduce Nico. He's been wonderful. He started with us at the 253 00:20:36,240 --> 00:20:46,080 beginning of August and has hit the ground running. So um 254 00:20:43,039 --> 00:20:53,039 so at the beginning of the month uh at your uh August regular meeting uh Mr. 255 00:20:50,559 --> 00:21:01,360 speaker introduced the review authority for a moratorum and we spoke about uh 256 00:20:57,679 --> 00:21:08,400 what was required for that and how it could be enacted uh and uh specifically 257 00:21:05,360 --> 00:21:17,280 as it relates to data centers and what I am presenting this evening is a highle 258 00:21:11,760 --> 00:21:25,200 review of what staff uh in an initial assessment see as what would be required 259 00:21:21,440 --> 00:21:28,960 during the moratorum to put together a zoning text amendment basically that 260 00:21:27,280 --> 00:21:36,000 would then allow us to regulate data centers going forward. So I'm going to 261 00:21:30,559 --> 00:21:40,240 talk about um that in the context of the uh moratorum 262 00:21:37,840 --> 00:21:47,280 requirements that are established via statute by the state. So, um, and I 263 00:21:45,120 --> 00:21:53,360 won't go back over that statute, but if if we do need to talk about that, we 264 00:21:49,679 --> 00:22:00,000 can. It's U 160D 107, and that was some of what, um, 265 00:21:57,280 --> 00:22:04,320 Angie talked about last month or earlier this month. So, um, what I'll 266 00:22:02,559 --> 00:22:09,360 specifically be looking at are the quote unquote required statements, including 267 00:22:07,120 --> 00:22:15,679 the identification of the problem. What what is why is a mortorium necessary? 268 00:22:13,120 --> 00:22:21,200 What is the problem? What's the timing suggested for the moratorum? What 269 00:22:18,320 --> 00:22:31,360 actions will we take uh during that time? And what approvals are affected? 270 00:22:25,440 --> 00:22:36,400 So um background first uh terms of the problem, we don't have data 271 00:22:33,600 --> 00:22:43,679 centers defined in our zoning ordinance. Um, we don't have the term in the zoning 272 00:22:40,720 --> 00:22:49,280 ordinance. It's not listed as a use. Uh, and there's no associated uh, CZD or 273 00:22:47,120 --> 00:22:55,679 special use um, that's specifically called out or even just a permitted use 274 00:22:52,480 --> 00:23:01,200 uh, for data center. So, if a data center were to come, uh, you know, that 275 00:22:59,120 --> 00:23:06,559 that presents an issue right off the bat. uh and because there's no use to 276 00:23:04,240 --> 00:23:12,080 find I don't have districts that where it's permitted or prohibited uh and then 277 00:23:10,159 --> 00:23:19,600 furthermore there are no standards associated with data centers and looking 278 00:23:15,039 --> 00:23:23,919 in of quickly across the state at what uh is happening in other communities. 279 00:23:22,480 --> 00:23:30,000 There are various conversations basically around the scale uh of the 280 00:23:27,600 --> 00:23:36,240 data centers themselves. So literally the square footage that they occupy and 281 00:23:32,880 --> 00:23:44,559 then uh the various uh impacts to utilities, most notably power and water 282 00:23:39,520 --> 00:23:48,799 uh that those differing sizes uh uh you know impact to the kinds of things that 283 00:23:46,640 --> 00:23:54,640 they have. And so many communities are looking specifically at scale design 284 00:23:51,120 --> 00:24:00,799 requirements and impact analyses uh and requiring those for submitt. So we've we 285 00:23:59,200 --> 00:24:06,320 don't currently have any of those things and so that's the problem. Uh we don't 286 00:24:03,520 --> 00:24:11,120 currently have a way of dealing with the potential impacts of a data center. Uh 287 00:24:09,200 --> 00:24:16,320 and then in terms of consideration for the moratorum itself, why would you do 288 00:24:13,520 --> 00:24:22,720 that? We will not be able to bring a zoning text amendment to you next month 289 00:24:18,960 --> 00:24:29,520 that would tackle the complexity of that amendment. Right? So the nature of the 290 00:24:25,840 --> 00:24:33,200 use is such that we may need to talk with Duke to understand what their 291 00:24:31,279 --> 00:24:36,720 reality is. Certainly we'll be talking with our water sewer folks to understand 292 00:24:34,960 --> 00:24:43,039 and what their concerns might be for a large use. uh and then looking uh more 293 00:24:40,320 --> 00:24:50,080 specifically at the typical zoning standards and I'll talk more about um 294 00:24:46,799 --> 00:24:56,640 what those are those categories on sort of the last slide when I talk about what 295 00:24:51,919 --> 00:24:59,919 we look at while we did uh the study and then what is the impact of the mortorium 296 00:24:58,320 --> 00:25:05,919 we would not issue zoning compliance permits for standalone data centers so 297 00:25:03,440 --> 00:25:10,159 data center as a primary not be issued during theorium 298 00:25:08,080 --> 00:25:16,159 Other things that we are looking or paying attention to or watching, there 299 00:25:12,000 --> 00:25:20,400 are two state bills. One that appears I I'm not sure 300 00:25:18,400 --> 00:25:26,000 defer to Mr. Conet in terms of whether or not either of them are moving, but uh 301 00:25:23,279 --> 00:25:29,679 Senate Bill 7:30 seems the the one that has more life. That's the rateayer 302 00:25:28,159 --> 00:25:40,480 protection uh act. And uh I would note that it is 303 00:25:35,200 --> 00:25:47,760 tackling very large facilities. Um the definition that they have uh is a 304 00:25:45,600 --> 00:25:52,720 uh facility that's a 100 megawatt facility which I was like what's 100 305 00:25:49,520 --> 00:25:58,960 megawatts? Uh it's enough to power 75,000 to 100 homes. So it's basically 306 00:25:56,480 --> 00:26:05,279 enough to power the city of Hendersonville probably. um including 307 00:26:01,840 --> 00:26:12,080 all of our commercial uses. So uh they're at the state level looking at a 308 00:26:08,480 --> 00:26:17,840 particular scale of data center and I've heard it called uh yeah that's the 309 00:26:15,120 --> 00:26:22,720 hypers scale. So I so we obviously we would need to 310 00:26:20,159 --> 00:26:26,400 understand what does that actually mean because that's what they're focused on. 311 00:26:24,880 --> 00:26:32,720 It would suggest that they're not regulating data centers via that bill 312 00:26:29,840 --> 00:26:39,120 that are drawing less power than that. So if the power draw was half the city 313 00:26:36,799 --> 00:26:42,880 of Hendersonville's power requirement, the state law, this particular state law 314 00:26:41,039 --> 00:26:48,000 wouldn't impact it. So we're going to keep paying attention to that. There's 315 00:26:44,320 --> 00:26:53,120 another one, House Bill 1189, which was more related, it was a two-year 316 00:26:49,840 --> 00:26:57,440 moratorum and related to the sales and use tax benefits that I think some of 317 00:26:55,039 --> 00:27:03,279 the existing data centers that were put in place 318 00:26:59,200 --> 00:27:10,400 had advantage of. uh and I I don't know again the status of that one either but 319 00:27:05,200 --> 00:27:19,200 we will continue to uh follow those as the process goes 320 00:27:13,679 --> 00:27:25,600 forward. So in terms of proposed plan this is what we're suggesting. Um you'll 321 00:27:23,440 --> 00:27:31,760 notice that the the actual timeline that's proposed is about 10 months. Um 322 00:27:28,799 --> 00:27:38,159 it is delivering the adoption to city council ahead of 323 00:27:35,360 --> 00:27:44,640 the recommended moratorum time length which is 12 months. Um 324 00:27:41,440 --> 00:27:49,200 call that a contingency fee. Um you know just to make sure that we do have the 325 00:27:46,400 --> 00:27:55,200 time to work through it. I do think that uh the proposed timeline here is one 326 00:27:52,080 --> 00:27:59,520 that will allow us to um fully review and develop a zoning text amendment that 327 00:27:57,679 --> 00:28:05,840 is appropriate for the city of Hendersonville and continue to manage 328 00:28:02,720 --> 00:28:12,159 the workload that we have um in the community development department as as 329 00:28:08,799 --> 00:28:17,840 it currently stands. Um, and so I offer that I outline kind of 330 00:28:15,840 --> 00:28:24,159 what we would propose to do during those time frames and uh am happy to answer 331 00:28:21,520 --> 00:28:31,480 any questions we you have about that. in terms of what we would specifically be 332 00:28:26,240 --> 00:28:31,480 looking at during that time frame. Um 333 00:28:31,919 --> 00:28:40,159 these are some of the you know potential ordinance elements and again this is 334 00:28:37,200 --> 00:28:43,679 reflective of a effort on my part just to 335 00:28:41,919 --> 00:28:49,279 you know understand how these are being regulated in other locations here in 336 00:28:46,559 --> 00:28:55,520 North Carolina and elsewhere. Uh so some of these may be uh things that we would 337 00:28:51,840 --> 00:29:00,559 want to uh not consider or consider at a higher 338 00:28:58,240 --> 00:29:05,120 level. Uh so obviously the use classification would be one whether or 339 00:29:02,799 --> 00:29:09,679 not we differentiate uh scale of impact. You know um 340 00:29:08,080 --> 00:29:15,120 currently with our commercial buildings we have a CZD standard that uh if a 341 00:29:12,960 --> 00:29:19,120 building exceeds 50,000 square feet it has to go through the conditional zoning 342 00:29:16,559 --> 00:29:25,760 process. if it's under 50,000, there are variety of uh different processes that 343 00:29:21,760 --> 00:29:30,000 apply. Um, and so we could look at that level specifically as it relates to data 344 00:29:27,840 --> 00:29:35,840 centers, looking at which districts it would be appropriate in, where would we 345 00:29:31,600 --> 00:29:43,760 want to see it located, uh, if um, you know, around the city. Uh and um and 346 00:29:40,559 --> 00:29:48,880 then any you know special use permits, conditional zoning, things along those 347 00:29:45,600 --> 00:29:52,720 lines that we might want to add in. Um and then in terms of the site 348 00:29:51,279 --> 00:29:57,840 requirements and infrastructure standards, I' I've listed a couple 349 00:29:54,480 --> 00:30:05,679 there. Things that uh I think are unique to data centers that I came across while 350 00:30:00,880 --> 00:30:10,640 reviewing those. Um there's a lot of discussion obviously about the 351 00:30:07,679 --> 00:30:16,480 electrical requirements but then pretty notably then about the backup 352 00:30:12,960 --> 00:30:21,120 electrical requirements and number of conversations or discussions around 353 00:30:18,480 --> 00:30:25,039 noise requirements. You have diesel generators that are turning on if the 354 00:30:23,120 --> 00:30:28,880 power goes out for these things. It's you know if you've been around the 355 00:30:27,200 --> 00:30:32,720 diesel generator at the fire station when it turns on when the power goes out 356 00:30:30,720 --> 00:30:36,480 it's you know it's pretty If you've got 30 of those running in a data center, I 357 00:30:35,279 --> 00:30:41,760 can imagine that could be pretty loud. So things like that that are pretty 358 00:30:38,320 --> 00:30:46,480 unique to the nature of the user. Um all of those would be uh the kinds of 359 00:30:44,640 --> 00:30:52,640 potential requirements that we would investigate and try to determine what 360 00:30:49,919 --> 00:30:58,279 the viability of those impacts would actually. 361 00:30:54,320 --> 00:30:58,279 So, um 362 00:31:02,080 --> 00:31:09,840 I have other examples of these that I can offer, but um what I really wanted 363 00:31:06,880 --> 00:31:13,600 to highlight was kind of the overview. And so I I think at that at this point 364 00:31:11,840 --> 00:31:17,679 I'm going to stop and see if there are any questions that you all have. 365 00:31:16,000 --> 00:31:23,200 » Lou, I think the only thing I would ask and make make sure I'm correct for Angie 366 00:31:21,039 --> 00:31:27,200 correct me. you know, we're not allowed to, and this is for the public that may 367 00:31:25,679 --> 00:31:33,200 be listening, and we'll say this again next week at the public hearing. Um, 368 00:31:29,600 --> 00:31:40,960 we're not allowed to do an outright ban, I think. Am I wrong about that? I 369 00:31:38,480 --> 00:31:44,399 » I don't know. I I'm not going to say yes or no on that right now. That's an issue 370 00:31:42,880 --> 00:31:47,200 in our >> Friday, I think. So, 371 00:31:45,840 --> 00:31:50,960 » okay. So, >> anyway, 372 00:31:48,000 --> 00:31:57,200 » so maybe maybe not. Um, currently, so we'll see. Um um so well I just lost my 373 00:31:55,279 --> 00:32:01,840 whole train of thought there. So anyway, we're you know we're going to ask 374 00:31:58,720 --> 00:32:06,000 council um you know traditionally we've not been able to do an out traditionally 375 00:32:03,840 --> 00:32:10,799 been able to do an out outright ban. I mean if you can't do an outright ban to 376 00:32:08,640 --> 00:32:15,360 sexually oriented businesses I don't think you could do an outright ban. 377 00:32:13,440 --> 00:32:19,600 So she's going to disagree with me of more data centers. But anyway, 378 00:32:17,760 --> 00:32:24,880 historically, that may be changing case law, things like that, whatever the case 379 00:32:21,360 --> 00:32:27,840 may be. So, public hearing, council can make their decision next week as it 380 00:32:27,120 --> 00:32:32,320 relates to that. >> Um, and one thing I just wanted to say 381 00:32:29,760 --> 00:32:38,159 about why why do a moratorium? You know, that's a big question. Why? Um, and 382 00:32:35,440 --> 00:32:42,399 because the statutes were amended several years ago for permit choice, but 383 00:32:40,880 --> 00:32:46,720 you could undertake and do all of this study over the course of a year without 384 00:32:44,799 --> 00:32:50,640 doing a moratorum. And if somebody came in and applied for one in the meantime, 385 00:32:48,320 --> 00:32:56,080 they get to choose which version of our ordinance they um get to apply. And so 386 00:32:53,760 --> 00:33:00,799 it could allow somebody to kind of bypass whatever you're getting ready to 387 00:32:57,840 --> 00:33:06,200 put in place. And so that would be a reason to do a mortorium if you so 388 00:33:03,200 --> 00:33:06,200 choose. 389 00:33:06,960 --> 00:33:13,080 And sexually oriented businesses have a first amendment 390 00:33:14,159 --> 00:33:21,102 protection. Ah, thank you. That's why you're an attorney and I'm a city 391 00:33:18,159 --> 00:33:21,102 manager. [laughter] 392 00:33:21,279 --> 00:33:33,440 » So, not asking for any action tonight. Um, requires a public hearing and so um 393 00:33:30,399 --> 00:33:37,120 just want to um if you had any questions or any 394 00:33:34,799 --> 00:33:39,840 direction at this point. >> I just want to thank y'all for the 395 00:33:38,559 --> 00:33:42,960 amount of work that has gone into this. I know it's like a constantly changing 396 00:33:41,600 --> 00:33:47,279 landscape that's taking a lot of digging. I just pulled up both of those 397 00:33:44,480 --> 00:33:49,600 bills and they're both extremely dense and I don't know what's happening with 398 00:33:48,240 --> 00:33:53,360 them. So, thank you all for the work that you're doing to make sense out of 399 00:33:51,600 --> 00:33:59,120 it. >> I completely agree. The only thing I 400 00:33:55,519 --> 00:34:06,440 would like to ask is um is there a way in an ordinance to address a evolving or 401 00:34:03,440 --> 00:34:06,440 changing 402 00:34:08,320 --> 00:34:15,520 um because so many things are changing with data centers and the technology is 403 00:34:13,119 --> 00:34:21,280 getting it like it seems like it changes and improves within three to six months 404 00:34:18,240 --> 00:34:27,679 sometimes. And so when we're drafting an ordinance um and which I am supportive 405 00:34:23,839 --> 00:34:32,480 of a moratorium, but can we is there a way to add something like that to where 406 00:34:29,280 --> 00:34:38,000 if the technology is changing then we can amend things as we go or 407 00:34:36,000 --> 00:34:40,399 if we do this then there's no changing it. 408 00:34:38,560 --> 00:34:43,919 » I mean you can always amend things as you go but it depends on how it's 409 00:34:42,079 --> 00:34:50,879 crafted. So if you have some triggers in there that for instance 410 00:34:47,119 --> 00:34:56,159 uh electricity usage and or water usage and the technology becomes such that 411 00:34:52,960 --> 00:35:01,920 those aren't triggered any longer then you know they may not be fall under 412 00:34:59,119 --> 00:35:05,839 those restrictions. And so um you would want to stay a breast of that though 413 00:35:03,440 --> 00:35:10,320 because you know something on that scale and just in terms of business size you 414 00:35:07,680 --> 00:35:16,720 want to have some sort of separation setback minimal things I think but um 415 00:35:14,079 --> 00:35:20,119 but yes we can we can try and do consider that. 416 00:35:23,119 --> 00:35:30,960 » So then is the plan to do the public hearing next week? Okay. 417 00:35:29,599 --> 00:35:35,599 Awesome. >> We thought we would just give the 418 00:35:32,960 --> 00:35:40,160 council and the public um the idea of what the plan may propose 419 00:35:37,760 --> 00:35:44,640 » so they would have that ahead of time so they could speak to that at the public 420 00:35:42,240 --> 00:35:48,200 hearing if they felt like that was that so moved them. 421 00:35:51,359 --> 00:35:54,599 » Thank you. 422 00:35:56,560 --> 00:36:02,119 » Okay. Um, legislative update. 423 00:36:04,720 --> 00:36:11,760 » There it is. Thank you, >> Tom's team. I thought I'd take a few 424 00:36:09,680 --> 00:36:18,960 minutes. Uh, we participated or I participated in the league's end of the 425 00:36:15,839 --> 00:36:23,599 and mayor may have been on it last week, end of the year session wrapup. Did all 426 00:36:22,079 --> 00:36:25,680 of you participate? If you did, we'll just move on. No. 427 00:36:25,280 --> 00:36:29,839 » Okay. >> I did not. Okay. Did anybody else 428 00:36:28,079 --> 00:36:34,079 besides the mayor and I sitting at the dis? Okay. All right. Well, then I'm 429 00:36:31,760 --> 00:36:38,880 gonna keep going. So, I just thought we would give you a short wrap up kind of 430 00:36:36,160 --> 00:36:44,880 let you know um what happened in Raleigh this past year um and what we have to 431 00:36:41,119 --> 00:36:49,920 look forward to um probably assuming um elections um the short session or the 432 00:36:47,520 --> 00:36:55,119 long session next year. Uh just using their outline. I'll skip 433 00:36:53,040 --> 00:37:00,079 over the governmental affairs outline. That's typical boilerplate stuff from 434 00:36:57,680 --> 00:37:05,839 the league, but also share some political landscape session wrap up and 435 00:37:02,800 --> 00:37:12,560 any questions you may have for me or Angie or or anybody else in the room. 436 00:37:09,440 --> 00:37:16,400 Skip this. Uh so political landscape just kind of I 437 00:37:14,640 --> 00:37:22,800 thought this was interesting information regarding growth in North Carolina that 438 00:37:19,040 --> 00:37:31,119 our population um is now over 11.2 2 million as the 25 estimate. Um since 439 00:37:26,480 --> 00:37:36,800 2020 and last um since for five years we added over 750,000 440 00:37:33,599 --> 00:37:42,000 people to our great state. That's a percent increase of 7.2 which is high 441 00:37:39,920 --> 00:37:47,760 high growth rate. We're the third fastest um state fastest growing state 442 00:37:45,599 --> 00:37:52,400 in the country. Um not only in number but also in percentage. And currently 443 00:37:50,240 --> 00:37:58,880 we're the ninth largest state, but by 2030 we're projected to surpass uh 444 00:37:55,680 --> 00:38:07,599 Georgia and Ohio to be in the top seven um as largest states in the union. 445 00:38:04,079 --> 00:38:13,200 But um most of that growth is in seven of the f or in the seven of the 10 446 00:38:10,079 --> 00:38:17,359 fastest growing North Carolina cities. Um um and they were in most of them, 447 00:38:16,160 --> 00:38:21,440 excuse me, seven out of 10 of the fastest growing are in the triangle and 448 00:38:19,760 --> 00:38:26,800 we did see and this was I thought this was an interesting point that those of 449 00:38:24,000 --> 00:38:32,960 us in the west that you'll see that we due to Helen we 450 00:38:29,520 --> 00:38:36,640 had a decline in population. Um we are down here in the green. So we are still 451 00:38:34,800 --> 00:38:41,440 growing in Henderson County and Hendersonville in our area but anywhere 452 00:38:39,520 --> 00:38:48,480 um along the French Broad and area around Asheville um there you see we saw 453 00:38:44,400 --> 00:38:51,359 a decline um in population um from 24 to 25. 454 00:38:49,359 --> 00:38:55,320 » What's up there to the west of Asheville? Is that Wesville? 455 00:38:56,320 --> 00:39:03,280 » What did I just do? Alison. Oh, sorry. It It's It's fine. 456 00:39:01,280 --> 00:39:07,040 » It's error. It's [laughter] Sorry. 457 00:39:03,839 --> 00:39:09,359 » It's error. User user error. You talk right over here. 458 00:39:07,520 --> 00:39:11,280 » And there's a blue dot behind the S or a green dot, 459 00:39:09,920 --> 00:39:12,720 » right? That green dot. I think that's probably Wesville. 460 00:39:12,240 --> 00:39:17,520 » Okay. >> Canton Canton would be the brown dot. 461 00:39:15,359 --> 00:39:21,760 Wesville would be the green dot. >> But we are seeing some growth. I mean, 462 00:39:19,440 --> 00:39:26,079 if you looked at some statewide um the folks down in Mon County around 463 00:39:23,520 --> 00:39:29,280 Franklin, that Atlanta influence is creeping up there. So, you're seeing 464 00:39:27,359 --> 00:39:35,200 some growth there. But you see majority of growth is around the big cities, the 465 00:39:31,359 --> 00:39:39,520 big metros um which ultimately will um you'll see here urban and halo counties 466 00:39:37,839 --> 00:39:44,560 are growing rapidly while the rural counties are losing population. We still 467 00:39:41,599 --> 00:39:49,599 are showing growth, positive growth. Um ours did slow because of Helen. Um and 468 00:39:47,680 --> 00:39:56,400 cities and towns continue to drive population growth across the state, but 469 00:39:52,880 --> 00:40:02,160 the metro areas are getting bigger. um certain pockets of rural areas where you 470 00:39:58,640 --> 00:40:06,160 may have influence um from Atlanta, like I said, in western North Carolina or 471 00:40:03,760 --> 00:40:10,560 Myrtle Beach, the beach area, or Virginia Beach, Tidewater area um in 472 00:40:08,480 --> 00:40:14,079 Northeast. But um that's where your growth is across the state of North 473 00:40:12,320 --> 00:40:20,000 Carolina. Uh Charlotte gained um more people in 474 00:40:17,200 --> 00:40:25,839 2425 than any other city and they're now the 14th largest city um in the country 475 00:40:23,200 --> 00:40:32,320 with almost a million people. Um in Charlotte proper um Robbie's population 476 00:40:28,720 --> 00:40:35,760 now exceeds 500,000 with of course the triangle is what is is over a million as 477 00:40:34,079 --> 00:40:40,880 a region of course Charlotte is too um 70% of all 478 00:40:39,359 --> 00:40:44,800 North Carolina municipalities added population 479 00:40:42,400 --> 00:40:50,560 um that percentage was higher um the prior year I think you that also is um 480 00:40:48,400 --> 00:40:55,520 related to Helen causing many of our North Carolina cities in 2425. 481 00:40:53,839 --> 00:41:00,319 You can see some of the fastest growing cities in in North Carolina being around 482 00:40:58,160 --> 00:41:04,880 the triangle, Windendell, Zebulun, Angela, Edger, Four Oaks, um, 483 00:41:03,280 --> 00:41:09,760 Rollsville, um, and then you got Bolivia, which is on the coast down in 484 00:41:08,240 --> 00:41:18,040 Brunswick County, and then again back to the triangle and Charlotte region there. 485 00:41:12,319 --> 00:41:18,040 NASA is also down in Brunswick County. 486 00:41:18,319 --> 00:41:26,000 What does that mean for us as it relates to growth? Um everybody's moving toward 487 00:41:23,359 --> 00:41:31,200 from a electoral standpoint. Um this is your current breakdown of our 488 00:41:27,599 --> 00:41:37,920 delegation. Um our rural congressional delegation is 10 Republicans. Um um all 489 00:41:34,720 --> 00:41:44,319 in the large rural districts, four Democrats only in one only one of them 490 00:41:40,880 --> 00:41:49,440 in a rural district. whereas um that show you're seeing that your Republican 491 00:41:47,440 --> 00:41:56,400 um concentrations are in the more rural suburban areas. Uh urban uh general 492 00:41:53,119 --> 00:42:01,599 assembly representation um 30% or of the seats are in top three counties, 493 00:41:58,720 --> 00:42:06,640 Meckllinburgg, Wake and Guilford. You'll see there that they the number of 494 00:42:03,599 --> 00:42:13,040 senators and reps in those three big districts. What does that mean? 495 00:42:08,640 --> 00:42:20,480 Everybody's eyeing 2030 and 2031 2030 census and 2031 redistricting. 496 00:42:16,640 --> 00:42:24,240 Whichever party um holds um the majority in the general assembly at that time 497 00:42:21,839 --> 00:42:28,960 will be able to control that um redistricting process um and who will 498 00:42:26,480 --> 00:42:33,920 decide. And of course we all know that with redistricting comes litigation 499 00:42:31,520 --> 00:42:39,359 which is par for the course there. We expect an additional congressional seat 500 00:42:36,640 --> 00:42:44,480 in the state. Um, we have 11 now. So, we could probably pick up a 12th. Um, and 501 00:42:41,839 --> 00:42:49,760 also reallocation of representation in the general assembly and rebalancing for 502 00:42:47,040 --> 00:42:53,760 those municipalities in counties that have districts in 2030, you would have 503 00:42:52,079 --> 00:42:59,640 to rebalance. We are not, we're at large. Um, so we would not have to 504 00:42:56,000 --> 00:42:59,640 rebalance our districts. 505 00:42:59,680 --> 00:43:10,160 uh federal delegation as you see here um mentioned um two senators both are GOP 506 00:43:07,040 --> 00:43:16,240 and 14 house members 10 GOP for Democrats. Um district one was redrawn 507 00:43:13,280 --> 00:43:24,400 in 2025 which I think is a competitive district as well as is currently seated 508 00:43:19,839 --> 00:43:28,880 by um Congressman um Don Davis um who's a Democrat there. It's a competitive 509 00:43:26,960 --> 00:43:35,920 district and of course district 11 where we are has now shaping up to be a 510 00:43:31,920 --> 00:43:41,359 competitive district here. So also be dealing with the impact of Louisiana 511 00:43:38,319 --> 00:43:45,680 versus Callus. I won't dare try to take the city attorney's thunder about what 512 00:43:43,760 --> 00:43:50,720 all that means. But it that case was related to um the voters's right the 513 00:43:48,240 --> 00:43:56,880 voting right rights act and its implication in redistricting. That's as 514 00:43:53,200 --> 00:44:02,800 much as I'm gonna say about that. Uh our legislature now um Republican 515 00:44:00,640 --> 00:44:10,960 have a super majority in the Senate as you know 3020 close to a super majority 516 00:44:06,640 --> 00:44:15,920 um in the House uh 7149 but with the two Democrats that became 517 00:44:14,400 --> 00:44:19,839 unaffiliated of sometimes voting with the House that 518 00:44:17,920 --> 00:44:25,680 they can have a super majority if those two folks vote with the Republicans. So 519 00:44:23,280 --> 00:44:31,920 that is the current makeup. All this leads us to November. Um and will this 520 00:44:29,599 --> 00:44:40,000 story stay the same or will it change? Um and the next three or four months 521 00:44:34,960 --> 00:44:44,800 we'll we'll see. Um but that is um what the election is all about is the control 522 00:44:42,079 --> 00:44:50,000 particularly in North Carolina of our seats in the general assembly um by 523 00:44:47,440 --> 00:44:55,040 parties as well as um the congressional seats. Are they able Republicans able to 524 00:44:52,960 --> 00:45:00,720 hold on to the number of congressional seats in North Carolina and maybe try to 525 00:44:57,760 --> 00:45:06,319 pick up one or without losing? Political trends. Um 526 00:45:03,520 --> 00:45:11,359 couple things here. Um the process for getting laws passed at the general 527 00:45:08,160 --> 00:45:16,720 assembly is very much truncated. Um they are only working about two days a week. 528 00:45:13,680 --> 00:45:21,280 They're only making law about two weeks. Two days a week. Previously, they would 529 00:45:19,760 --> 00:45:25,680 come in on Monday nights. They would work Tuesday, Wednesday, Thursday, and 530 00:45:23,119 --> 00:45:30,800 leave late Thursday night. Now, they're coming in on Tuesday, doing a little bit 531 00:45:28,160 --> 00:45:36,880 of business on Tuesday, doing business all day on Wednesday, and then 532 00:45:33,920 --> 00:45:40,400 taking off on uh late Wednesday or early 30. So, they're really shortening it 533 00:45:38,160 --> 00:45:46,880 down to about two days of work versus the three, three and a half that that 534 00:45:42,160 --> 00:45:52,560 was tradition previously. Um it is we're seeing fewer laws passed in 25 and I'll 535 00:45:49,760 --> 00:45:56,640 show that graph in a minute and al also some of the impacts of the one big 536 00:45:54,319 --> 00:46:00,960 beautiful bill. Uh they talked about the league folks 537 00:45:59,440 --> 00:46:06,319 talked about we had the first comprehensive budget since 23. Um 538 00:46:04,000 --> 00:46:11,520 there's growing Medicaid pressure on the state and feds for that matter. Uh we're 539 00:46:09,359 --> 00:46:16,640 still fighting for her h her lane hurricane Hela relief. Um and there's a 540 00:46:14,720 --> 00:46:21,119 strong desire um in the general assembly to lower 541 00:46:18,560 --> 00:46:24,720 income tax which is what they were focused on which was a lot of the budget 542 00:46:22,880 --> 00:46:28,800 discussions were tied to the lower income taxes and the comprehensive 543 00:46:26,800 --> 00:46:34,240 budget. That was a lot of the debate between the house and the senate the 544 00:46:31,359 --> 00:46:38,319 last couple years. uh practical impacts for us. Um very 545 00:46:36,720 --> 00:46:44,800 unpredictable. Um we're seeing a lot of um fewer number 546 00:46:42,319 --> 00:46:50,160 of bills, a lot of ominous bills where they take a single bill, strip it out, 547 00:46:48,160 --> 00:46:55,440 and throw a lot of everything but the kitchen sink into that one bill. U which 548 00:46:53,359 --> 00:47:01,119 and it typically does not go through a normal committee process. 549 00:46:57,920 --> 00:47:07,119 um it comes out maybe late on Tuesday night and they're sending it through to 550 00:47:03,680 --> 00:47:11,760 the floor um on Wednesday morning and there's very little ability to see 551 00:47:09,040 --> 00:47:17,040 what's in the in the bills and react to it. Um very hard and I talked about the 552 00:47:14,880 --> 00:47:23,119 the gut and replace that we're seeing there um seeing contradictory results um 553 00:47:20,560 --> 00:47:26,720 and some hostage taking. I will not leave that editorial I will don't touch 554 00:47:25,119 --> 00:47:30,400 that editorial comment. But one thing we're hearing from even folks that have 555 00:47:28,480 --> 00:47:35,040 been around the general assembly a lot. It's really hard to stop um bad things 556 00:47:32,800 --> 00:47:40,079 from happening whichever party you're in once it gets in its rolling um without 557 00:47:38,319 --> 00:47:43,440 much knowledge. And there's some examples of that as it relates to the 558 00:47:41,760 --> 00:47:50,480 budget bill that I'll talk about in a minute. Um here are the historical look 559 00:47:46,960 --> 00:47:59,040 at bills being introduced from 85 to the present. Um you can see there we hit a 560 00:47:53,280 --> 00:48:04,400 peak um prior to 200 um around 2007208 there and you've seen a gradual decline 561 00:48:01,680 --> 00:48:08,560 in the number of bills. The lowest point was in 2324 562 00:48:06,960 --> 00:48:13,119 but we've seen a little bit of an uptick the last couple years but still nothing 563 00:48:10,079 --> 00:48:16,119 like we were seeing prior to the great recession. 564 00:48:17,920 --> 00:48:25,280 And I think one caveat I just said to that is um and this is by no means a 565 00:48:22,800 --> 00:48:32,800 partisan also that is directly related to um when the Republicans took control 566 00:48:29,280 --> 00:48:37,119 of the general assembly in 2011. So there's a direct I mean obviously a 567 00:48:34,559 --> 00:48:43,200 direct correlation in how they want to govern and reduce um passing of bills 568 00:48:40,800 --> 00:48:48,000 and laws. Uh here's what's actually passed in a 569 00:48:45,280 --> 00:48:54,559 regular session. you know, all-time lows only passed. They had 20 of 2,300 bills 570 00:48:50,960 --> 00:49:01,440 introduced, only 151 were passed. Now, some of those 151 took a number of the 571 00:48:58,480 --> 00:49:07,760 200 of the 2,334 bills um and put them in a single bill. 572 00:49:06,240 --> 00:49:11,839 Um so they, you know, put them in an ominous bill and one bill. So those 573 00:49:10,160 --> 00:49:16,720 bills are made. Some of those legislative actions are included in the 574 00:49:14,000 --> 00:49:21,680 151 um just to reduce the number that were actually approved. But that's what 575 00:49:18,000 --> 00:49:27,119 we're seeing. Fewer bills um after they're introduced. 576 00:49:23,920 --> 00:49:31,200 What happened? Um what what they do? Um so we did pass the budget. They overrode 577 00:49:29,520 --> 00:49:34,480 some vetos. Still a couple vetos out there. We've added two more 578 00:49:32,960 --> 00:49:41,200 constitutional amendments that will be on the ballot. There'll be three on the 579 00:49:36,640 --> 00:49:45,920 ballot. Um this November they redrew the congressional map and a little bit more 580 00:49:43,680 --> 00:49:51,200 um issues they talked about was property tax, infrastructure investment, budget 581 00:49:49,200 --> 00:49:55,520 special provisions, downzoning, preeemption of local government 582 00:49:53,119 --> 00:50:01,359 authority, land land use zoning, deanexation, local elections, and local 583 00:49:57,839 --> 00:50:05,520 government oversight. Uh we all are familiar with the House Select Committee 584 00:50:03,599 --> 00:50:12,240 on Property Tax Reduction Reform that met. Uh Brian and I um were were 585 00:50:09,280 --> 00:50:17,280 involved in a working group of managers staying on top of that. We drove to 586 00:50:14,880 --> 00:50:23,119 Raleigh a couple times to committee meetings to just stay a breast because 587 00:50:19,680 --> 00:50:28,240 that is our one local revenue source um that we have that we have the only we 588 00:50:25,119 --> 00:50:33,119 have control of. um our only revenue source we have control of. So uh reform 589 00:50:30,960 --> 00:50:37,680 in the local property tax system does have direct impacts on our ability to 590 00:50:35,599 --> 00:50:42,240 provide services to our citizens. So we stayed on top of it. There was a working 591 00:50:40,160 --> 00:50:48,079 group in the Senate which got a whole lot less attention. They did not have 592 00:50:44,720 --> 00:50:53,760 any public meetings. Um uh membership was only one party. Um and most of the 593 00:50:51,359 --> 00:50:58,960 folks there had priority or had prior local government experience. But again, 594 00:50:55,119 --> 00:51:02,800 no public meetings. Um, not a lot of action. 595 00:51:00,640 --> 00:51:06,559 Nobody knows really what their method is. We assume it's it's in some of the 596 00:51:05,119 --> 00:51:12,400 bills that were passed related to property tax. Um, there that working 597 00:51:09,359 --> 00:51:17,839 group was put together um at the end right before the primary election 598 00:51:15,040 --> 00:51:23,440 um as President Prom Burgerer was in a tough uh primary fight. 599 00:51:21,280 --> 00:51:27,599 Here's what we have in November. constitutional amendment. Um, this is 600 00:51:25,280 --> 00:51:32,160 what it says. Um, very ambiguous and vague and general. Um, that will be on 601 00:51:30,720 --> 00:51:36,559 the ballot. The general assembly shall enact general laws limiting the amount 602 00:51:34,400 --> 00:51:41,599 by which the levy of taxes on property may increase, which may include 603 00:51:39,839 --> 00:51:47,920 exceptions. So, when you go to the pools polls, 604 00:51:43,440 --> 00:51:55,200 you'll be asked to vote on that. Um, so there you have it. um if that um is 605 00:51:52,559 --> 00:52:00,880 approved, which I don't know of, you know, we're North Carolinians and proud 606 00:51:57,599 --> 00:52:06,160 and who's not going to vote for le limiting the amount of taxes we pay. So, 607 00:52:03,440 --> 00:52:10,880 all anticipations is that that constitutional amendment will pass and 608 00:52:08,400 --> 00:52:17,599 then they'll come back into long session um to develop legislation um 609 00:52:14,480 --> 00:52:26,040 to address that constitutional mandate. Um, also in there, um, is, uh, that is 610 00:52:21,599 --> 00:52:26,040 moving forward and I let my 611 00:52:32,640 --> 00:52:41,119 a bill that is moving through um, and close to adoption or passing is a truth 612 00:52:38,640 --> 00:52:45,680 um, and taxation bill. It is a bill rated basically related to notifying 613 00:52:43,200 --> 00:52:49,920 that this city council if approved. All cities and counties will have to do 614 00:52:47,440 --> 00:52:55,680 this. Um will be an additional um requirement when we adopt our budget uh 615 00:52:52,400 --> 00:53:04,559 every during the reval years. You will have to um if we intend to um go above 616 00:53:01,200 --> 00:53:08,559 revenue neutral, we will have to hold a separate public hearing in addition to 617 00:53:06,880 --> 00:53:13,280 the typical budget ordinance public hearing. um they can occur 618 00:53:11,200 --> 00:53:18,000 simultaneously um or in order I guess um but you'll 619 00:53:16,240 --> 00:53:21,920 have to have two public hearings. We'll have to send out first class mailed 620 00:53:19,760 --> 00:53:28,880 notices to all taxpayers letting them know that you are proposing to adopt a 621 00:53:24,559 --> 00:53:33,520 budget um that will um include a tax rate that is above revenue neutral 622 00:53:31,280 --> 00:53:38,880 during the rebal year. Um and there's a couple other notification processes 623 00:53:35,359 --> 00:53:43,520 there, but um that is Yes, ma'am. Um just to understand the timeline. So next 624 00:53:41,280 --> 00:53:47,359 year's reval, right, for Henderson County, but this 625 00:53:46,000 --> 00:53:51,839 would not have the chance of actually capturing next year's reval in that 626 00:53:49,760 --> 00:53:56,400 truth and taxation. Correct. >> Um let's see here if they've got an 627 00:53:53,839 --> 00:54:00,800 effective date here. Um it would you are correct. It would not be it would be for 628 00:53:58,400 --> 00:54:07,119 fiscal years beginning on or after July 1 of 27. They would not be um so 629 00:54:04,720 --> 00:54:11,040 subsequently reval years. we would have to do that. But thank you for that 630 00:54:08,960 --> 00:54:22,920 question. So, so stay tuned on property tax and um 631 00:54:17,280 --> 00:54:22,920 uh the TRA truth and taxation laws. 632 00:54:23,280 --> 00:54:30,160 Here is the property tax reappraisal moratorum does not impact us. So, I'll 633 00:54:27,680 --> 00:54:34,400 keep on going from there. There was one positive bill that was adopted related 634 00:54:32,400 --> 00:54:40,960 to affordable housing. And there was a loophole that if a private developer um 635 00:54:37,839 --> 00:54:46,640 had a partner as small as a very small percentage as small as 1% 636 00:54:44,079 --> 00:54:51,440 um a nonprofit was a partner of that small they could get uh some of the 637 00:54:48,880 --> 00:54:56,319 property tax um exemptions that that nonprofit. So, um, this actually was a 638 00:54:54,400 --> 00:55:01,760 positive that that came out of the property tax subcommittee. Um, and they 639 00:54:59,680 --> 00:55:06,559 identified that early on and enacted legislation to close that loophole. Very 640 00:55:03,920 --> 00:55:10,800 positive. Uh, other things as it relates to 641 00:55:08,559 --> 00:55:15,920 earmarks or infrastructure investments, very few directed grants. Um, only over 642 00:55:13,839 --> 00:55:20,720 just over a million in the budget. Um I think that's you're seeing um the 643 00:55:18,559 --> 00:55:27,839 one-time money or extra money that what we all saw coming out of COVID um is now 644 00:55:24,240 --> 00:55:32,319 been spent. So the earmarks are dropping dramatically. Um our PAL bill was 645 00:55:30,720 --> 00:55:37,839 protected which was very positive for us. Charlotte was able to get a regional 646 00:55:34,480 --> 00:55:41,760 transit tax. Um fully funded federal grant programs that we use a great deal 647 00:55:40,160 --> 00:55:45,760 in our utility system. So that's positive. fully funded the state 648 00:55:43,760 --> 00:55:50,559 revolving loan and community development block grants that help support um 649 00:55:48,480 --> 00:55:58,720 business in the industry and our utility system and also contracting um the new 650 00:55:54,000 --> 00:56:03,440 DEI DEI laws. Um that bill is still out there has been vetoed by the governor 651 00:56:00,559 --> 00:56:07,960 waiting a veto override but they did eliminate the the hood office. 652 00:56:08,559 --> 00:56:15,200 So here are the things talking about what gets added to and this this has 653 00:56:12,480 --> 00:56:19,680 some implications for us. Um some some things that were dropped into the budget 654 00:56:17,440 --> 00:56:25,119 that nobody was aware of until after the budget was adopted. Some positive, some 655 00:56:21,839 --> 00:56:30,559 negative. Um I want to point to the SNAP error rate payment for county and 656 00:56:27,040 --> 00:56:35,599 municipal sales tax. So um traditionally the federal government has covered SNAP 657 00:56:32,720 --> 00:56:40,720 payments um and any errors related to that. But in the big beautiful bill, 658 00:56:38,000 --> 00:56:47,200 they passed um a part of that um made the dec made the decision that any 659 00:56:43,119 --> 00:56:50,799 errors assoc if if a county or state and then ultimately counties because the 660 00:56:48,480 --> 00:56:56,240 county administer the SNAP program have a high error rate, they were required to 661 00:56:53,599 --> 00:57:03,040 pay penalties back to the federal government um to cover that um those 662 00:56:59,440 --> 00:57:08,240 errors, potential fraudulent um pe people getting the the benefit don't not 663 00:57:05,839 --> 00:57:13,760 eligible things like that. So, the federal government passed it to the 664 00:57:09,599 --> 00:57:22,400 state. North Carolina chose to fund that by uh reducing if your county has a 665 00:57:19,520 --> 00:57:30,079 certain error rate. They will reduce your sales tax distribution before it 666 00:57:25,520 --> 00:57:35,839 comes back to the local level. Um, no one's quite sure how that's going to 667 00:57:31,839 --> 00:57:39,680 work yet. Um but um it does impact so if you take sales tax off the top before 668 00:57:37,760 --> 00:57:45,280 it's redistributed to North obviously it reduced the big pie the big pie which 669 00:57:42,240 --> 00:57:50,240 will reduce our distribution um at the city level even though we have 670 00:57:47,200 --> 00:57:59,359 no involvement in the SNAP program and have no say as it relates to um the 671 00:57:53,680 --> 00:58:04,880 error rate who gets so we um maybe um but we will be a be could receive 672 00:58:02,240 --> 00:58:09,359 receive or receive a less amount of our sales tax. It could drop our sales tax, 673 00:58:07,440 --> 00:58:14,079 which is concerning considering everything else that is going on related 674 00:58:11,200 --> 00:58:18,079 to the property tax levy. Um, just reducing our flexibility to provide 675 00:58:15,920 --> 00:58:22,319 services, but we are working on that. That does not go into effect until 676 00:58:19,839 --> 00:58:26,079 October of 2027. U, we will continue to monitor that. I 677 00:58:24,240 --> 00:58:29,599 know the league is working and the county commissioners association because 678 00:58:28,000 --> 00:58:35,119 that is also impacting the counties, right? I mean, the county has had to 679 00:58:30,960 --> 00:58:40,559 fund that. Um, so, um, looking for potential opportunities for that relief 680 00:58:37,440 --> 00:58:43,520 at the state and federal level. So, stay tuned for that. But something we're 681 00:58:42,160 --> 00:58:48,960 working on, but it could reduce your revenue. Our law enforcement officers 682 00:58:45,760 --> 00:58:54,319 got a 700 $1,750 bonus. Congratulations, Chief. Um, everybody, all certified 683 00:58:52,000 --> 00:58:58,480 officers get that. Um, it's being funneled through the SBI. We're still 684 00:58:56,799 --> 00:59:03,280 trying to figure out the logistics of that. Um but it's it's coming directly 685 00:59:01,599 --> 00:59:08,240 um it will come to our law enforcement officers. Uh new requirement to report 686 00:59:06,480 --> 00:59:14,319 economic development expenditures related uh anything over 25,000 um to 687 00:59:11,920 --> 00:59:18,160 the state auditor. That is what it says. There's no clear 688 00:59:16,079 --> 00:59:22,000 guidance of what is an economic development expenditure. So we're trying 689 00:59:20,480 --> 00:59:25,359 to work out that in technical corrections and figuring out exactly 690 00:59:23,680 --> 00:59:31,359 what what do we have to report to the state audit. They did merge um a number 691 00:59:28,240 --> 00:59:34,319 of u into the department of labor the three building code councils. There were 692 00:59:32,960 --> 00:59:39,280 three building codes. So they merged that into one and that will impact 693 00:59:36,720 --> 00:59:46,400 building inspections, fire code, those kind of things. Uh interbasin transfer 694 00:59:42,880 --> 00:59:51,440 moratorium and study. um two high-profile cases. One on the Kataba 695 00:59:48,480 --> 00:59:55,520 River basin related to Charlotte and the Hickory area over the water in the 696 00:59:53,280 --> 01:00:02,960 Kataba basin and also a similar down on the Capefere around Fable related that 697 00:59:58,319 --> 01:00:06,480 is more related to um Pifos and um things of that related to pollution 698 01:00:04,559 --> 01:00:10,319 there. And then they also shifted some powers from the governor. So you see 699 01:00:08,480 --> 01:00:15,520 some things that were special provisions, good, some good, some not so 700 01:00:13,280 --> 01:00:19,520 good, that were in the budget that um there was no opportunity for debate. 701 01:00:17,200 --> 01:00:24,000 There's no opportunity to try to talk to our legislators, which is concerning um 702 01:00:22,480 --> 01:00:26,720 because there's some in some of these things, as you can see with them in this 703 01:00:25,359 --> 01:00:32,760 the SNAP error rate, there's some unintended consequences that will impact 704 01:00:29,359 --> 01:00:32,760 local governments. 705 01:00:32,960 --> 01:00:41,680 uh downzoning uh no action as it relates to the downzoning provision that was 706 01:00:38,480 --> 01:00:47,920 passed in 2024. There was some movement um in the Senate um in early um May of 707 01:00:46,400 --> 01:00:54,000 2025. We didn't see any action in the short 708 01:00:49,920 --> 01:01:00,720 session. In fact, Senate Bill 587 was stripped of the downzoning and now it's 709 01:00:57,280 --> 01:01:06,559 related to wave surfing. So um we will have to start over as it relates to um 710 01:01:03,920 --> 01:01:10,799 that also impacted Mills River. You may have read that Mills River had gotten a 711 01:01:08,480 --> 01:01:15,520 special provision in 25 to adopt their UDO that was repealed um right before 712 01:01:13,599 --> 01:01:20,880 the end of the session this year. But we're seeing these oneoffs. So still 713 01:01:18,400 --> 01:01:24,880 need to um that will be that's problematic for us because we know we 714 01:01:22,640 --> 01:01:29,200 need to update our zoning ordinance. We did our we've completed our comp plan. 715 01:01:27,040 --> 01:01:34,240 It's in great shape. Lou's been challenged with uh updating our zoning 716 01:01:31,440 --> 01:01:42,000 ordinance, but the law prohibiting um downzoning and non-conforming 717 01:01:37,760 --> 01:01:47,119 um uses is is um is problematic and we're trying to work through how we how 718 01:01:43,680 --> 01:01:53,520 we deal with the the drastic need to update our zoning. 719 01:01:50,160 --> 01:01:59,599 And here's some pree uh preemptive issues that some were passed, some were 720 01:01:56,480 --> 01:02:06,559 not. Some pertain to us, some do not. Most of these um I'll go through. Um 721 01:02:04,160 --> 01:02:13,760 some of are caught up in the 53 page of the regulatory reform act of 2026. 722 01:02:10,400 --> 01:02:19,520 Um minimum lot size does not pertain to us. Residential and commercial and light 723 01:02:16,160 --> 01:02:25,599 duty does not pertain to us. ADUs do not pertain to us. Vested rights do pertain 724 01:02:23,040 --> 01:02:30,240 to us. It extended the vested right from one year to three years. Angie, is that 725 01:02:27,680 --> 01:02:35,920 right? Two years ago, they adjusted that. U 726 01:02:33,119 --> 01:02:41,040 permit choice um became law in the budget. Um there was an attempt to put 727 01:02:38,880 --> 01:02:46,079 shot clocks on development. That did not pass. We are required to put fee 728 01:02:43,520 --> 01:02:50,799 schedules online which we do anyway. Um but so those were the things in the 729 01:02:47,599 --> 01:02:55,280 regulatory reform but all that was as I talked about the ominous bills that was 730 01:02:53,119 --> 01:03:01,359 those things are included in a 50 page 53 page bill um that was ultimately put 731 01:02:58,559 --> 01:03:07,520 forth there. Um did see a change as it relates to homebased businesses. 732 01:03:04,240 --> 01:03:13,280 uh we must allow we cannot control um homebased businesses as long as they 733 01:03:09,520 --> 01:03:17,920 have no impact that is um prohibit or now um provided by right cannot be 734 01:03:15,839 --> 01:03:22,480 regulated my understanding and then the big one 735 01:03:20,400 --> 01:03:28,559 here that you'll hear about and I think everybody pay attention to parking 736 01:03:25,280 --> 01:03:34,480 minimums um have been repealed um in residential and single family or 737 01:03:32,720 --> 01:03:39,000 is it across the board. Is it across the board, Lou, or is it just residential? 738 01:03:39,599 --> 01:03:47,200 Okay, I think so. I think I think it's across the board. So, uh we cannot 739 01:03:44,000 --> 01:03:52,640 provide parking minimums. So, um I know we have lots of conversations that come 740 01:03:49,280 --> 01:03:57,520 to the city council with conditional use about is a developer providing enough 741 01:03:55,280 --> 01:04:03,039 parking, those kind of things. Those conversations are been taken out of our 742 01:03:59,599 --> 01:04:08,079 hands. um there. So, storm water calculations or redevelopment, it's 743 01:04:05,359 --> 01:04:12,319 minor amendment there that really um deals with the redevelopment. So, the 744 01:04:10,319 --> 01:04:17,440 things that impact you going forward in the city council uh land use litigation. 745 01:04:15,520 --> 01:04:22,559 Um Angie can talk about this as it relates to, you know, sending 746 01:04:19,440 --> 01:04:25,359 administrative zoning decisions. Um instead of going to the board of 747 01:04:23,760 --> 01:04:30,799 adjustment, they can go straight to the courts. 748 01:04:27,119 --> 01:04:39,280 Uh the general assembly gave standing to statewide associations um or such as the 749 01:04:35,039 --> 01:04:43,359 homebuilders association or um board of realtors or somebody like that may 750 01:04:41,200 --> 01:04:48,079 appeal a zoning decision even if a developer or local individual chooses 751 01:04:45,359 --> 01:04:52,319 not to. Right. Um here's the extended the time appeal 752 01:04:50,559 --> 01:05:00,480 for zoning decisions from one to three years. Um Angie mentioned permit choice 753 01:04:57,039 --> 01:05:05,760 vesting rights decisions. Um adds mandatory award of this is big when 754 01:05:03,200 --> 01:05:10,640 mandatory award of cost the prevailing party in a zoning decision. So if 755 01:05:08,799 --> 01:05:17,839 someone challenges a zoning decision by council and they are found to be the 756 01:05:14,319 --> 01:05:24,559 agreed party and the zoning is reversed then we would be required to pay 757 01:05:20,799 --> 01:05:29,520 attorney's fees and legal cost. and also prohibits withholding zoning 758 01:05:26,400 --> 01:05:35,839 permits to compel employment agreements. I'm not exactly sure what that means. 759 01:05:33,359 --> 01:05:42,799 So, um but so you see some things whittling away at the city council's 760 01:05:38,799 --> 01:05:47,720 authority um as it relates to um manage development and growth in our community. 761 01:05:47,760 --> 01:05:57,760 And then there's a homeless bill HB437 which is out there been vetoed by the 762 01:05:53,760 --> 01:06:03,520 governor um waiting to be um see if that will be overridden. Um it does prohibit 763 01:06:01,119 --> 01:06:10,160 um public camping. um also allows we may establish 764 01:06:07,280 --> 01:06:15,440 regulated camps. It's um very similar to what you may do for 765 01:06:13,440 --> 01:06:19,599 migrant type facilities is governed by the board of of by the department of 766 01:06:17,200 --> 01:06:24,400 labor. But it also gives our residents and business owners the ability to sue 767 01:06:21,839 --> 01:06:28,640 local governments if we do not address public camping. Um I think an important 768 01:06:27,119 --> 01:06:33,920 component of that and I don't know the answer to this is what is defined as 769 01:06:30,720 --> 01:06:41,200 public camping um is sleeping on a bench public camping. Um so something to stay 770 01:06:37,839 --> 01:06:47,920 tuned if that bill passes and as it relates to additional um 771 01:06:45,039 --> 01:06:51,839 responsibilities for our law enforcement folks and how they interact with our 772 01:06:49,680 --> 01:06:58,079 unhoused particularly in our downtown areas 773 01:06:54,960 --> 01:07:02,480 or across the city for that matter. Uh number deanexation bills nothing really 774 01:07:00,160 --> 01:07:06,640 pertains to us here. I think the key thing here is typically to deanex 775 01:07:05,119 --> 01:07:11,200 property, you have to go to the general assembly. There's no local provision to 776 01:07:08,480 --> 01:07:17,599 do that, but um the league and some other folks worked on a bill uh to get 777 01:07:14,079 --> 01:07:20,960 that changed. Um that bill is still pending, but that would give the 778 01:07:18,880 --> 01:07:27,000 authority that you could deanex property here locally in the same way that you 779 01:07:23,520 --> 01:07:27,000 annex property. 780 01:07:28,480 --> 01:07:35,760 uh local elections there. Seeing more and more local elections either going 781 01:07:32,799 --> 01:07:41,119 partisan or shifting the elections similar to us to um even years versus 782 01:07:39,359 --> 01:07:46,640 odd years, moving those municipal elections to the even years. 783 01:07:44,720 --> 01:07:50,480 Um and then there is a local government oversight committee. A number of our 784 01:07:48,799 --> 01:07:56,720 peers across the state were called before the general assembly to answer 785 01:07:53,280 --> 01:08:02,559 questions for a variety of things um there at the general. So that is new 786 01:08:00,319 --> 01:08:08,400 um in the last couple years and the general assembly is taking it they are 787 01:08:05,680 --> 01:08:13,079 using it and calling folks to Raleigh to testify before their committee. 788 01:08:15,119 --> 01:08:25,359 Uh that's just showing where the HP437 is. Um and just us that is the 789 01:08:22,319 --> 01:08:30,799 environment we are in. Um you know um y'all know Aaron is our director of 790 01:08:27,600 --> 01:08:36,080 government affairs but kind of give you an update of where we are and what got 791 01:08:33,199 --> 01:08:42,159 passed and what will be potentially impacting us going forward. 792 01:08:40,239 --> 01:08:47,679 land use, um, budgets, 793 01:08:44,159 --> 01:08:53,520 revenue, things like that. >> When does long sessions, 794 01:08:49,600 --> 01:08:58,239 » when does the long session could start February, March they go back? Yeah, I 795 01:08:56,239 --> 01:09:02,640 think. Yeah, it probably take it'll be March before they really start. I have 796 01:09:00,400 --> 01:09:08,159 to go and get organized because the the Senate will have to 797 01:09:05,199 --> 01:09:12,640 elect a new president pro Tim which will be a change there and get organized 798 01:09:10,159 --> 01:09:19,159 particularly and don't know if there's any changes in the house obviously it'll 799 01:09:15,040 --> 01:09:19,159 be dependent on the election too. 800 01:09:20,000 --> 01:09:26,400 There you have it. Not to depress everybody 801 01:09:24,480 --> 01:09:29,880 » and and you did it quicker than Aaron did. 802 01:09:26,719 --> 01:09:29,880 » Thank you. 803 01:09:31,359 --> 01:09:38,679 All right. Any questions on that? Comments on that? 804 01:09:39,600 --> 01:09:48,719 We are under the thumb of the general assembly 805 01:09:45,839 --> 01:09:54,800 and we just best we can do is keep up and try to lobby for the things that are 806 01:09:51,520 --> 01:09:59,280 going to be best for our citizens. Okay. Lenny's law. you wants wants to 807 01:09:58,080 --> 01:10:04,719 start with it. >> So I will Alison I dropped that in the 808 01:10:01,679 --> 01:10:10,000 folder late. There should be a should be a resolution 809 01:10:07,120 --> 01:10:15,440 from the town of Wooden there as a draft. So I'm going to turn this over to 810 01:10:12,480 --> 01:10:20,400 Mayor Pro Tim Hinsley. I will say that um because she knows a lot more details. 811 01:10:18,560 --> 01:10:27,199 I think we've been requested from a group um from Woodin or a coalition of 812 01:10:23,360 --> 01:10:32,239 folks um Bunkham um county and Madison County maybe to um adopt a resolution 813 01:10:30,400 --> 01:10:41,600 supporting this potential law. So >> yeah, I I got contacted about it uh 814 01:10:36,640 --> 01:10:45,679 several weeks ago and it's um it didn't seem like something that we 815 01:10:43,679 --> 01:10:54,400 should get involved in. My suggestion was since we do have a um committee 816 01:10:50,560 --> 01:10:59,840 looking at at uh you know bikes and pedestrian that they could look at it 817 01:10:56,880 --> 01:11:05,280 see if it would be something that would relate to 818 01:11:01,840 --> 01:11:10,400 something that they are working on and 819 01:11:07,840 --> 01:11:17,600 I didn't hear anything more back from the folks in Woodfin until 820 01:11:14,560 --> 01:11:23,920 you they got in touch with you. >> So, this is less about the town of 821 01:11:20,480 --> 01:11:30,480 Woodin. Um, the city councilman, I think, that contacted you is trying to 822 01:11:26,719 --> 01:11:34,880 form a an additional bicycle safety coalition that he's wanting the city of 823 01:11:32,400 --> 01:11:38,159 Hendersonville to participate in. and I um he called and asked to speak to me on 824 01:11:36,560 --> 01:11:44,000 Friday and I told him that we would have that conversation at council, but I felt 825 01:11:40,080 --> 01:11:48,400 like we were already doing um many bicycle safety type things here and that 826 01:11:46,640 --> 01:11:53,520 it wasn't necessarily something that we would want to take on additionally. I 827 01:11:49,840 --> 01:11:56,880 mentioned um council me council member Baxter that she was the other person 828 01:11:55,600 --> 01:12:01,679 that represented the council that was serving on the bike plan and I didn't 829 01:11:59,679 --> 01:12:07,280 know the capacity of a joining an additional coalition when I felt like we 830 01:12:03,360 --> 01:12:15,520 were kind of already correlating and um but Lenny's law is a separate uh request 831 01:12:11,280 --> 01:12:21,760 that was brought to the no last week and it is um so that is a resolution from 832 01:12:18,480 --> 01:12:27,840 Woodin Then Lenny's law is a separate uh thing that was in that email attachment, 833 01:12:23,600 --> 01:12:34,159 John. And so Lenny and Telli and Jacob Hill were the two cyclists who were 834 01:12:30,400 --> 01:12:37,679 riding um alongside the French Broad River who were struck by a commercial 835 01:12:36,080 --> 01:12:47,360 vehicle last summer and they were both killed. And um so Maddie Bar, who is 836 01:12:42,880 --> 01:12:52,159 Lenny's fiance, is um attempting to create some more 837 01:12:50,080 --> 01:12:57,520 better policies around bicyclists and safety. 838 01:12:53,760 --> 01:13:05,120 And then given the incident at Milikin College with their cycling team, um and 839 01:13:01,840 --> 01:13:10,800 so basically what Lenny's law is, um allowing is to make a recommendation 840 01:13:07,440 --> 01:13:17,920 that there's more signs posted in frequently used bicycle zones. Um they 841 01:13:15,040 --> 01:13:24,719 would like to see bicycle safety zones created in higher cycling trafficked 842 01:13:21,120 --> 01:13:29,520 areas with better signage for um motorists to see that they're this is a 843 01:13:27,440 --> 01:13:33,520 this is a higher density of cyclist on these roads. And we have them in 844 01:13:30,560 --> 01:13:36,320 Henderson County where there are there are roads in Henderson County where we 845 01:13:34,719 --> 01:13:42,560 know that there are a lot more cyclists. And so the hope is is that they would um 846 01:13:39,600 --> 01:13:47,920 place more signage for motorists to be more aware and then potentially 847 01:13:44,480 --> 01:13:54,640 eventually have a higher penalty for speeding in those bicycle safety zones. 848 01:13:50,880 --> 01:14:02,320 Um and so that was brought to the MO last week and the MO um unanimously 849 01:13:58,960 --> 01:14:09,040 adopted supporting Lenny's law in the context of creating a bicycle safety 850 01:14:04,719 --> 01:14:14,960 zone signage and um and not that we would enact speed changes or um fees, 851 01:14:12,960 --> 01:14:18,719 but that it would then be taken to the general assembly for them to evaluate to 852 01:14:17,440 --> 01:14:24,640 see if that was something that they wanted to take up. Um but so they're 853 01:14:21,280 --> 01:14:30,640 asking um if local governments would support moving Lenny's law towards the 854 01:14:27,760 --> 01:14:33,960 general assembly to create these bicycle safety zones. 855 01:14:34,239 --> 01:14:41,440 » That sound >> I think that's correct. And so we 856 01:14:38,880 --> 01:14:44,880 and and NPO talked about it two times I think. Originally it got a luke to the 857 01:14:43,280 --> 01:14:49,840 mayor's point originally you had a lukewarm reception the first time 858 01:14:47,920 --> 01:14:51,920 » and then some other discussion some other events occurred 859 01:14:51,360 --> 01:14:56,800 » correct >> and um it came back and it was unanous 860 01:14:55,600 --> 01:15:03,120 was the second time is >> yes last Thursday it was unanimously 861 01:14:59,360 --> 01:15:07,520 adopted at the NO to support Lenny's law >> and what Mattiey's trying to do right 862 01:15:04,640 --> 01:15:13,440 now is just get local government support for it and nothing more 863 01:15:08,800 --> 01:15:16,560 » correct no legislative changes No impact any municipalities, 864 01:15:14,640 --> 01:15:23,280 » nothing now. And it's just like, hey, would you support us going to Raleigh 865 01:15:18,960 --> 01:15:30,840 and requesting um these additional signs be required in areas that are higher 866 01:15:26,239 --> 01:15:30,840 bicycle trafficked zones? 867 01:15:31,600 --> 01:15:38,239 My opinion is I don't know that it could I don't know that it hurts um at least 868 01:15:35,679 --> 01:15:44,719 having this analyzed on a higher level. Um I will say in these both of these 869 01:15:41,199 --> 01:15:52,480 incidences speed was not a factor. It was um impairment um and maybe even 870 01:15:48,400 --> 01:15:56,239 intent in one of the accidents. And so um 871 01:15:54,159 --> 01:16:01,120 he because I think they've actually said now in the for the Milligan College that 872 01:15:58,800 --> 01:16:06,480 the driver did not apply any brakes at all before he hit flew of cyclists and 873 01:16:04,480 --> 01:16:13,040 um and then in Lenny's law the driver was impaired and so speed would not have 874 01:16:10,400 --> 01:16:18,960 made a difference in these accidents but maybe had there been more awareness by a 875 01:16:16,080 --> 01:16:21,920 motorist that this is an area where you really need to be paying attention 876 01:16:19,920 --> 01:16:25,840 because there's you narrow shoulders and a lot more cyclists known to travel in 877 01:16:23,520 --> 01:16:31,199 this area. Um that could potentially save cyclist life. 878 01:16:29,600 --> 01:16:35,120 I am a cyclist and I've been on out on the roads many times and there are rural 879 01:16:32,880 --> 01:16:41,520 roads in Henderson County that scare me to death um with how close cars have 880 01:16:38,800 --> 01:16:44,800 gotten to me. I mean, I think it aligns with a lot of 881 01:16:43,440 --> 01:16:49,760 the work that we're already doing without um 882 01:16:47,679 --> 01:16:54,480 duplicating it in this particular instance, but I do I think that it 883 01:16:51,600 --> 01:16:59,199 speaks to a pattern that we see of cyclists being 884 01:16:56,960 --> 01:17:03,920 at higher risk in the past few years. I don't know if it's higher density or 885 01:17:00,400 --> 01:17:10,080 what it is, but it does seem and I'm supportive of whatever we can do to 886 01:17:07,040 --> 01:17:13,679 help address it as long as it um you know can move that forward without 887 01:17:12,239 --> 01:17:19,320 putting us in a spot where you know there's no tough decision there for us 888 01:17:15,199 --> 01:17:19,320 as a city right now. 889 01:17:20,880 --> 01:17:28,159 So would uh like to 890 01:17:24,880 --> 01:17:34,239 propose that uh staff bring this to council meeting for 891 01:17:31,360 --> 01:17:37,840 put it on our agenda. Any any objection to 892 01:17:36,640 --> 01:17:40,719 » ma'am and if it's okay I'll >> putting that on 893 01:17:38,640 --> 01:17:46,560 » since you discussed it today I'll just put it on the consent agenda and then if 894 01:17:43,679 --> 01:17:53,120 there's concerns if you feel or or I'm open for guidance if you want it on a 895 01:17:48,960 --> 01:17:57,040 new visit is consent okay or you want it okay I'll put it on the consent and you 896 01:17:55,440 --> 01:18:01,080 have questions we can we can pull it off and discuss it at that point 897 01:18:01,440 --> 01:18:08,159 » thank you [clears throat] All right. 898 01:18:05,440 --> 01:18:13,440 Okay. That is the end of our agenda. Unless someone has something they want 899 01:18:09,840 --> 01:18:13,440 to to bring up.