Saturday, December 31, 2011

We're number 2

From today's Times-News, the top stories of 2011 included as number 2 the Highland Lake soccer complex debacle:
2. Soccer mismatch

A proposed soccer complex at Highland Lake Golf Course divided community members before finally being terminated by the Board of Commissioners in November.

In October, commissioners entered into an option-to-buy agreement to purchase the 65-acre property in Flat Rock for $1.15 million from Course Doctors Inc. The goal was to recoup the cost through a public-private partnership between the county and the Henderson County Soccer Association, which would share revenue generated from camps and tournaments hosted at the new park.

Strong opposition from residents in Flat Rock and surrounding communities and rejection of the county's plan by the Flat Rock Village Council forced commissioners to terminate the purchase.


Commissioner and former Chairman Mike Edney said the county and community should continue to pursue a soccer complex.

Read it all
.

Sunday, December 25, 2011

Merry Christmas!

"Adoration of the Shepherds" by Gerard van Honthorst, 1622

Monday, December 19, 2011

Mountains to Molehills: "A lot worse"

From Sunday's Mountains to Molehills column, Lou Parris writes:
The decision to not turn Highland Lake Golf Course into a soccer complex is plenty wrong. That's the opinion of Janice Gadson of Flat Rock. "I don't think people understand that it could be a lot worse than soccer," she says. "I moved here from living on a Charleston golf course, which closed and was to be developed with upscale homes, but now people are just staring at a patch of weeds. Oh, my gosh, the folks around Highland Lake could get a whole lot worse than a soccer complex. The decision for Highland Lake definitely was wrong. In Warsaw, Ind., the orthopedic capital of the world, the doctors went in together and built a soccer complex, and it has been very profitable for the town....
Yes, but right now it is still a golf course (and a very nice one, at that) and those doctors in Indiana used their own funds (not taxpayer money), but
read it all
.

Saturday, December 17, 2011

"Over the top"

In today's Times-News, a letter to the editor from Vera Westall of Hendersonville:
To the editor: Dr. Geoffrey Jones’ attempt to vilify property owners and boycott Flat Rock after disappointment regarding the soccer complex seems over the top for a practicing physician in the area. He is entitled to his opinion. This could go both ways! Anyone, especially Flat Rock residents, could consider “to no longer feel welcome” with his medical practice and decide with their wallets — “we will no longer be spending our money there.”...

My grandchildren play soccer and never complain or feel deprived by not having a “major multimillion-dollar soccer complex” (at taxpayers’ expense) in the middle of a historic residential area. What values are being taught when we say to our children: “We’re not going over to Flat Rock because those people would not let us have a soccer complex and we are boycotting them”?

It is time to stop stirring this pot! Enough is enough.
Read it all.

Friday, December 16, 2011

Like the Energizer bunny: "Soccer complex"

This topic just keeps going and going. In today's Times-News, from Mary Hecker of Flat Rock:
To the editor: I am disappointed that the governing bodies of Flat Rock and Hendersonville have decided not to put a public park in at Highland Lake Golf course. As a resident of Flat Rock, I would much prefer a public park, which allows more green space, to yet another unremarkable subdivision. I applaud the owners for trying to give this gift to the public.

Perhaps soccer or other sports fields may not suit the need for quiet in the community, but we need more places for people to exercise and enjoy nature. I would much prefer a park on the lands behind our property to the subdivision that is trying to grow there....
I think there is a little confusion on Ms. Hecker's part. There is no subdivision "trying to grow there"--the property is still owned by Course Doctors and none of the surrounding residential areas are trying to expand. Also, the owners were trying to sell, not give, the property, so it would not have been a gift but a purchase.

But, read it all.

Chip Worrell apologizes

Nicely done, Mr. Worrell:
In the spirit of the season, I want to apologize to the Flat Rock villagers I offended with last month’s column. I behaved poorly.

Tuesday, December 13, 2011

Legal defense fund update

The Friends of Flat Rock Legal Defense Fund (the fund set up by the three HOAs to accept donations for legal counsel) has received the final invoice from the Dungan Law Firm and is very happy to say that the fund amount covers the bill!

Any other expenses (bank fees, etc.) still have to be determined, but it looks like there will be enough to cover it all. Thanks again to all who contributed.

Sunday, December 11, 2011

Sigh . . .

From today's Times-News, a letter to the editor from Dr. Geoffrey Jones of Hendersonville:
To the editor: I was deeply disappointed to learn of the County Commissioners’ decision to abandon plans for a park and soccer complex in Flat Rock. As the parent of a 9-year-old who plays for the Henderson County Soccer Association, I had hoped that the complex would give a much-needed boost to soccer in our community....

As a family physician, I am concerned about epidemic childhood obesity that is a very real problem in our community. Soccer is a great sport for all ages and backgrounds, and I believe that promoting exercise and an active lifestyle benefits us all....

Flat Rock residents made it clear to me that they are not interested in attracting young families to their community. That is a shame. As we no longer feel welcome there, we have decided to vote with our wallet, and will no longer be spending our money there.
Read it all. So is Dr. Jones also going to stop spending money in Hendersonville since they turned down adding soccer fields at Berkeley Ballpark? And do children only play soccer, and not golf?

I can understand the disappointment (kinda, sorta) but I think it rightly should be directed at the Henderson County Soccer Association and the Henderson County commissioners. And definitely not at Flat Rock.

Friday, December 9, 2011

Moving on . . .

Well, now that the final decision on the purchase of the Highland Lake Golf Club by Henderson County has been made in the negative, we're moving into the second phase: what happens to the property at the Highland Lake Golf Club?

This phase will most likely be a long and slow one. I will be posting items when something of interest happens, but who knows how often that will be. I appreciate all the comments that the various posts have received and hope you'll keep checking back from time to time. Thanks.

The view from a distance

Looking back over the events that started on October 19 and officially ended on December 5, I think there were three crucial elements that came together to produce the hoped-for result of the Henderson County commissioners opting out of the purchase and development of the Highland Lake Golf Club for a soccer complex:
  • Organization/communication
  • Legal counsel
  • Alternate site: ArvinMeritor

Organization/communication
These aren’t the same thing but rather equally important parts without which nothing gets done.

In order to get a group of people with different schedules, different agendas, and different levels of interest united in opposition to the soccer complex, constant communication was essential—and this is why I love the Internet and email (and cell phones--sometimes).

Because time was such an issue here, the final organizational structure ended up being basically a two-tier coalition. First, there developed a small group of those most affected who had the authority and responsibility to hire an attorney, gather for him the needed information, and direct, with his advice, the legal approach. There just wasn’t enough time to have meeting after meeting of everyone who was concerned—not with the option agreement deadline out there.

Secondly, there was a much larger group of those opposed who through their letters to the Times-News, conversations with friends, phone calls to elected officials, donations to the legal defense fund, etc., kept the momentum going in the public arena and gave encouragement to the smaller group that they were not in it alone.

Bottom line: Organize small, communicate big.

Legal counsel
Whether or not you need a lawyer, of course, depends on the situation, and legal counsel isn’t always necessary or desired. In this case, though, there were land development ordinances, zoning rules, and government transparency issues that required legal expertise and aggressiveness.

After some initial set-backs, what I consider the crucial decision—the commitment to retain legal counsel—was made. Without the expertise of Robert Dungan and the aura of seriousness that hiring an attorney created for everyone (the HOAs, the village council, and the county commissioners), I don’t think we would have prevailed even though we were in the right. Knowing potential legal action was possible and/or probable made everyone step back, take a second look, and make sure all rules and regulations were being followed—and it was discovered that they weren’t.

Bottom line: Don’t listen to Shakespeare (The first thing we do, let's kill all the lawyers. Henry VI, Part II, Act IV, Scene 2). When you need legal advice/protection, be so very glad there are lawyers.

Alternate site: ArvinMeritor
This, of course, is very specific to this particular situation, but for PR purposes, this was a win/win. No, we're not against soccer, we just don't think Highland Lake Golf is a good location for it. And look over there, here’s a great location in Fletcher: safer, bigger, flatter, and more accessible.

The contrast of Highland Lake Golf (with its narrow, winding road, inaccessible entrance, and residential location) with the ArvinMeritor site was almost cruel, especially in photos. It also didn’t help the case for Highland Lake Golf or the county that the Henderson County Soccer Association already had an agreement with Fletcher that they seemed to be keeping under wraps from everyone, including Flat Rock.

Bottom line: Serendipity is such a happy coincidence.

Thursday, December 8, 2011

Lessons learned(?): County commissioners

After every project or event for any organization--non-profit or profit, political or corporate--there needs to be a debriefing, a "lessons learned" so that any negatives that happened for that project or event don't happen again.

Here's my list of what I think the Henderson county commissioners should learn from this (keeping in mind they are elected officials using taxpayer money):
  • Read your own strategic plan. 
  • As I showed here and here, the development of the Highland Lake Golf Club into a soccer complex from the beginning was not in keeping with the county's strategic plan, in particular Goal 1.
  • Make public as soon as possible negotiated business deals.
  • On August 26, the option agreement between the owners of the Highland Lake Golf Club and Henderson County was signed. On August 27, it should have become public knowledge. Negotiations were over, no more privacy was needed. No excuses on this one.
  • Remember who pays your salary.
  • And it’s not any one particular special interest--it's the taxpayers, all of them. You are public servants (enough said).
  • Don’t say it’s a "done deal" when it’s not.
  • We’re not stupid, just busy with other things, but if given enough incentive, we will uncover the truth of the matter.
  • Full commitment can only be achieved by general consensus, not fiat.
  • Not everyone will agree on everything, but by shutting out (and in Mr. Edney's case, criticizing) the residents most affected as well as all other taxpayers whose money would have gone into the purchase and maintenance of the property, the commissioners almost guaranteed that there would be an uproar.
  • Trust us, we elected you.
  • By keeping residents in the dark, by announcing that no further negotiation was possible once the option agreement became public, by acting as though this deal had to be rushed through, you, first of all, made most taxpayers very suspicious and, secondly, implied that you couldn't be bothered to inform the public. We elected you to work for us, not dictate to us.
  • Remember to thank the taxpayers/voters when we show an interest.
  • You are where you are because of us, not in spite of.

Tuesday, December 6, 2011

Vivian Armstrong gets the (one word) facts

From an email received from Vivian Armstrong (posted with permission, although I have rearranged it for easier reading):
Below is a question I posed to Commission O'Connor and his one-word reply:
Bill,

Gary Glancy has reported that the county paid a $5K deposit at execution of the contract to purchase the Highland Lake Golf Course. If that's accurate, does the contract agreement provide that the deposit will be refunded if certain contingencies weren't satisfied?

Thanks,

Vivian
Commissioner O'Connor's answer:
No

Respect and Affection,

Bill O'Connor
Commissioner, District 5
There are seven full-time employees in the county legal department at an average annual cost to the taxpayers of $81,449 EACH. Assuming they were involved in vetting the Highland Lake Golf Course transaction, two questions come to mind:
  1. Why didn't they research land use regulations in Flat Rock before the Contract was signed?
  2. Why wasn't there a provision allowing for the return of the $5K deposit if certain conditions weren't satisfied?
This stuff isn't rocket science!

Golf course to remain open

Tom Davis, vice president of Course Doctors, the owners of the Highland Lake Golf Club, issued a statement to the Times-News after last night's commissioners vote against the purchase:
Vice President Tom Davis said the golf club will remain open while the company evaluates other alternative uses for the property, and that the property still is for sale.

“Contrary to incorrect statements made by politicians over the past few weeks, Highland Lake Golf Club will not close down effective Dec. 31,” Davis wrote. “The Dec. 31 closing date was predicated only on the county honoring its commitment to purchase the property.”

Davis also thanked the club’s “loyal customers,” and apologized to them “for the chaos and uncertainty caused by the county’s interest in the property.”...

"Democratic process?"

A strange letter to the editor in today's paper from Lisa P. Clark of Hendersonville:
To the editor: I attended the County Commission meeting where the very loud opposition heckled children who mustered the nerve to speak to the board. These children believed in our American process — you will be heard and respected if you speak up.

I doubt they walked away feeling that way. After the vote from Flat Rock last week, I’m sure they now believe more of what they see on the playground: the loudest and pushiest get their way!

After this defeat, I heard so many people express their shock and frustration at not being heard, that this very quiet and controlled game can be among walking trails and a playground....
I was at the November 7 county commissioners meeting where both sides spoke about the soccer complex (I'm assuming that's the meeting she's referring to) and I don't recall any heckling of children "who mustered the nerve to speak to the board"--and there were children who spoke to both sides of the issue.

There is a video of the meeting if anyone wants to double-check, but I disagree with Ms. Clark's statement.

Read her complete letter here.

"Soccer complex in Flat Rock officially off the table"

From Gary Glancy at the Times-News:
One of the most controversial issues of the year in Henderson County was officially put to rest Monday as the Board of Commissioners voted unanimously to terminate its option to purchase the Highland Lake Golf Course, site of a proposed public park and soccer complex.

Citing strong opposition from many residents in the surrounding communities and rejection of the county’s plan by the Flat Rock Village Council last week, commissioners said it’s time to move on....
Read it all.

Monday, December 5, 2011

Observations from the gallery: Tonight's county commissioners meeting

First off, I have to admit I basically missed the vote, not because I wasn’t there, but because it happened so quickly. There didn’t seem to be a call for any nays, Chairman Thompson never announced it had passed (that I heard), and then Commissioner Edney started speaking. I’ll have to take a look at the video once it’s up.

A few thoughts and observations:
The commissioners were not a happy bunch to have to take this vote. Each commissioner addressed the issue so I’ll just list who spoke in order and what stood out to me about their comments.

Mike Edney
  • Thanked Course Doctors for their good intentions
  • Feels that the area by the Highland Lake Golf Club is not part of Historic Flat Rock
  • Addressed several rumors: stated that none of his children are interested in soccer, so he had no personal reason to push for the soccer complex development, and stated that his father, Jimmy Edney, a local real estate broker, was not involved in the purchase transaction in any way
  • Disagreed with Mayor Staton's recollection and reiterated that the mayor first heard of this in April and definitely knew since August (Mr. Edney said he had at least one email on the issue from August)
  • Considered Flat Rock’s response somewhat “shameful” and that people say those in Flat Rock “get lost once they get past Fresh Market” (they're not interested in being part of Henderson County)
  • What now, if anything, should be done with the area? Maybe the County Parks & Rec could work with the village on something?
Bill O’Connor
  • Airing our differences is part of our heritage
  • “The village was involved every step of the way”
  • “Appreciates and supports all the processes that took place”
Larry Young (voted against the original October 19 motion to exercise the option to purchase)
  • Friendly with the owners of the Highland Lake Golf Club, but did what he thought was right for the people of the county
Charlie Messer
  • There was a planning process
  • No intent to leave anyone out of that process
Tommy Thompson
  • Always concerned about the people of Flat Rock

Henderson County Commissioners vote NOT to purchase

At tonight's monthly Henderson County board of commissioners meeting, the commissioners voted NOT to continue with the purchase of the Highland Lake Golf Club in order to develop a soccer complex. The vote was unanimous.

"Soccer complex tops commission agenda"

From Gary Glancy at the Times-News:
The next-to-last meeting of the year for Henderson County commissioners today will be a pivotal one as the current board heads into its second full year in 2012.

First, the board will elect a chairman and vice chairman for the coming year. Later, commissioners plan to move forward on one of the most controversial issues of 2011 — the proposed purchase of Highland Lake Golf Course in Flat Rock by the county....

County officials have said they would not pursue the project without the support of the village council. Commission Chairman Mike Edney said last week the board plans to discuss making a final decision about whether to scrap the plan to buy the property and what its options are in finding another location for a soccer complex....
Read it all.

Sunday, December 4, 2011

Reminder: Henderson County Board of Commissioners meeting December 5

Just a reminder for anyone interested that the Henderson County Board of Commissioners is having their regularly scheduled monthly meeting Monday, December 5, at 5:30 p.m.

The agenda is now online and it includes under Discussion Items, Highland Lake Golf Course Purchase.

The request for action from the County Attorney is as follows:
REQUEST FOR BOARD ACTION
HENDERSON COUNTY BOARD OF COMMISSIONERS


MEETING DATE: 5 December 2011

SUBJECT: Highland Lake Golf Course Purchase

SUMMARY OF REQUEST:

Media reports have noted that the Village of Flat Rock has determined not to allow a soccer complex to be built on the current Highland Lake Golf Course site. The option obtained by the County has, in the attached offer to purchase and contract, the following condition:
There must be no restrictions, easements, zoning or other governmental regulations that would prevent the reasonable use of the Property for recreational or park purposes.

BOARD ACTION REQUESTED:

Board direction on moving forward with this purchase.

If the Board is so inclined, one of the two following motions is suggested:

I move that the Board move forward with the purchase of the property.

OR

I move that the Board terminate its option to purchase the property and not purchase the property.
Since at the October 19 meeting, the commissioners voted to exercise the purchase option agreement, I'm assuming this vote is necessary to officially determine whether they will purchase or not (and I'm assuming "not" but it's not over til it's over). See you there!

Saturday, December 3, 2011

"Flat Rock Village Council"

From Ron Redmon of Flat Rock:
Regardless of one’s position on the soccer complex that was proposed for the Highland Lake Golf Course, everyone can be proud of the way in which the members of the Flat Rock Village Council discharged their duties to the citizens they represent. In an era when much is said about transparency in government and accountability to voters, good examples are few and far between. It is inspiring to see a great one here in our own community....
Read it all.

Friday, December 2, 2011

Friday's letters: Soccer complex

From John Feltman of Etowah (because this doesn't just affect the folks in Flat Rock):
...I just wonder if the county officials have heard that there is a recession going on and people are losing their jobs and homes and can’t afford a million or more dollars for something they don’t need. If the soccer league wants a field, let it buy one.

Perhaps our officials are trying to be like those idiots in Washington and put us in bankruptcy. I guess it’s like monkey see, monkey do. I sure don’t want any of my tax dollars to be spent on something we don’t need. Take that money and give the school teachers a raise or fix the fields we already have....
Read it all.

"Flat Rock should buy land for park"

From today's Times-News editorial:
...After hearing for a month from neighbors who were concerned soccer would disrupt their quiet neighborhoods, the Village Council voted unanimously Monday to oppose the county’s plans to build soccer fields on the property. That action effectively dooms plans for a county park on the land, since county officials have tied their plans to purchase the golf course with meeting the need for soccer fields....

We believe many of the fears that residents harbored over soccer fields at the property were overblown. But we also recognize the rights of communities and municipalities to decide for themselves what kind of development is appropriate....

[C]ounty commissioners could have done a better job in how they handled the whole matter. By presenting the idea of a park and soccer complex at first as a done deal, more than a month after signing an option to purchase the property, they created a public relations disaster.

It would have been much better, as we have previously stated, if the county had presented the idea publicly to the Village Council before voting to purchase the golf course for $1.15 million. It is not clear whether the idea of soccer fields ever would have gotten a fair hearing in Flat Rock, but at least residents would have felt like their concerns were being heard.

Moving forward, both the county commissioners and the Village Council have work to do. Since Flat Rock residents are very concerned about what kind of development will go in the golf course property, and since the land remains for sale, the village should consider purchasing the golf course for a park. Residents said repeatedly they did not object to the park, only the soccer fields, at the site....
Read it all.

Thursday, December 1, 2011

Henderson County Board of Commissioners meeting December 5

The agenda for Monday's regular Henderson County Board of Commissioners meeting (at 5:30 p.m.) is now online. It includes under Discussion Items, Highland Lake Golf Course Purchase.

The request for action from the County Attorney is as follows:
REQUEST FOR BOARD ACTION
HENDERSON COUNTY BOARD OF COMMISSIONERS


MEETING DATE: 5 December 2011

SUBJECT: Highland Lake Golf Course Purchase

SUMMARY OF REQUEST:

Media reports have noted that the Village of Flat Rock has determined not to allow a soccer complex to be built on the current Highland Lake Golf Course site. The option obtained by the County has, in the attached offer to purchase and contract, the following condition:
There must be no restrictions, easements, zoning or other governmental regulations that would prevent the reasonable use of the Property for recreational or park purposes.

BOARD ACTION REQUESTED:

Board direction on moving forward with this purchase.

If the Board is so inclined, one of the two following motions is suggested:

I move that the Board move forward with the purchase of the property.

OR

I move that the Board terminate its option to purchase the property and not purchase the property.
Since at the October 19 meeting, the commissioners voted to exercise the purchase option agreement, I'm assuming this vote is necessary to officially determine whether they will purchase or not (and I'm assuming "not" but it's not over til it's over). See you there!

First principles: Subsidiarity

Looking over the events of the past month in terms of governmental/social organization, the concept of subsidiarity expresses most clearly what initially was not happening but ultimately what prevailed in the resolution of the Highland Lake Park/Soccer Complex situation.

Subsidiarity is the idea that matters ought to be handled by the smallest, lowest or least centralized competent authority. Any central authority should perform only those things that cannot be performed effectively at a more local level. Henderson County here is the more central, larger authority with the Village of Flat Rock as the smaller and more local authority. Local municipalities (which Flat Rock has been legally since its 1995 incorporation) should control as much as possible what goes on inside their own municipal boundaries. From a governmental perspective, subsidiarity better represents the authority closest to the people and therefore is most reflective of local will.

Henderson County, as the larger authority, has an obligation to support and uphold the more local authority, Flat Rock, not to overcome it. This is the same idea behind federalism, where the rights of the parts (the states) are over the whole (the national government) in most areas (although not all, think national defense). Of course, this works better in theory than in practice, but just consider the 10th Amendment:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The same could be said of the relationships among the state and county and village governments. Because the county tried to impose its desire for a soccer complex (for whatever reason) on the village without public hearings or discussion, the village as a whole (see Mayor Staton’s statement) reacted against that imposition. The local authorities have a better understanding of what fits in that location and what those most affected want. The county government, with over 100,000 residents to consider, is not the best mechanism for determining what should go in any particular location unless they are supporting what a more local government wants.

The idea of subsidiarity has been around for ages, but the principles of the concept were developed by the German Roman Catholic theologian and sociologist Oswald von Nell-Breuning (and are outlined in the Catechism in paragraphs 1880-1885). Unlike Individualism or Libertarianism, Subsidiarity assumes that persons are by their nature social beings, and “emphasizes the importance of small and intermediate-sized communities or institutions, like the family, the church, labor unions and other voluntary associations, as mediating structures which empower individual action and link the individual to society as a whole.”

I think we saw an almost perfect illustration of this concept over the past month.

Wednesday, November 30, 2011

Mountains to Molehills: "No-brainer"?

In Lou Parris' column today, Bob Ferguson comments:
The thinking of Henderson County Commission Chairman Mike Edney that converting Highland Lake Golf Course into a soccer complex is a "no brainer" is troubling for Bob Ferguson of Flat Rock. "Should there not be a comparative cost and benefit analysis of Highland Lake Golf Course, with some modifications, to our quality of life in the county and Flat Rock when put up against a proposed soccer park?" he wonders. "Did the county study other locations to accommodate a new soccer park, outside of in the middle of three established residential communities?..."
Read it all.

Wednesday's letters: The wrong place

I would say Chip Worrell's column definitely struck a nerve. Another letter to the editor in today's paper, from John Remensnyder of Flat Rock:
... I know of no one in our community who is in any way against kids playing soccer. It’s a wonderful sport that I learned to play in 1948, probably before you were even born.

The key issue is that Flat Rock just is not the right place for a complex that would do justice for our children and our community. The complex proposed in Fletcher is the right place. Just check out our blog at friendsofhighlandlake.blogspot.com and read “The Justice Compromise” amongst other points of view....
Read it all.

Tuesday, November 29, 2011

What now?


Now that we know that Highland Lake Golf Club will not be developed into a soccer complex, the question remains as to what will happen to the property. Course Doctors, the current owners, have said the golf course will close December 31 of this year and they would like/need to sell.

I know many people want to keep it a golf course, but how to make that happen?

I’m not a golfer, so I don’t really know which organizations might be interested in helping, but just a quick google search turns up the following (all of these groups have tournaments/programs in North Carolina):
I looked primarily at youth programs because from what I’ve heard, Highland Lake Golf is a very good course for kids’ play (just ask Ashley Cauthen) and for learning the game.

Time for local golfers to get active and see what they can do!

Monday, November 28, 2011

"Flat Rock council nixes soccer complex"

A more complete write-up of today's Flat Rock agenda meeting by Gary Glancy of the Times-News:
In what one resident called a “great example of the democratic process,” homeowners won their fight to stop the conversion of Highland Lake Golf Course to a soccer complex on Monday when Flat Rock Village Council unanimously voted against the project....

When the six councilmen in attendance — Vice Mayor Nick Weedman missed the meeting because of medical reasons, Staton said — voted to reject the county's plan, the crowd erupted in applause. Residents shouted statements of approval like “This is a great day for Flat Rock!” and “You did the right thing, Mr. Mayor.”...

County Manager Steve Wyatt said he expects the matter to be placed on the agenda for discussion at next Monday's commissioners meeting. “Is the board interested in looking at this time at other options and discussing that? If they are, then we'll go in that direction,” Wyatt said. “But they'll have to determine if that's going to be a priority going forward.”...
Read it all, but Mr. Wyatt's comment is why I won't feel like this is really over until we hear definitively from the Henderson County Commissioners.

"Flat Rock Council shoots down soccer complex"

From the Times-News:
In a move that surprised and thrilled about two dozen residents in attendance, Flat Rock Village Council today unanimously voted to reject the proposed Henderson County soccer complex at Highland Lake Golf Course.

Speaking during a meeting to set the agenda for next week's council meeting — when the council was expected to vote on the controversial soccer proposal — Mayor Bob Staton said overwhelming opposition from residents across the entire village prompted the council to take a vote in opposition.

“The more we thought about,” Staton said, “we realized it didn't make sense to put it off any longer.”...
Read it all.

** Breaking ** Motion against soccer complex carries

Statement made at this morning's agenda meeting by Flat Rock Mayor Bob Staton [text in boldface is my emphasis]:
The council had planned today to discuss the outcome of the meeting chaired by Jim Wert last week to discuss the proposed Highland Lake Park and soccer complex. Our purpose in establishing an ad hoc committee with representation from across the Flat Rock community was to see if there might be some middle ground between the positions of those who are opposed to the proposed project and those who support it.

We thought the committee approach would be more workable than the mob scene we had at two council meetings, and a smaller group would be a more civilized forum for the conduct of the business intended.

We asked each of the three most-affected homeowners associations to name a couple of representatives to the committee, which they did. We knew their position. We invited a few community representatives whose positions we knew to be in favor of the proposal. And we had other volunteers whose positions we did not know, but whom we know to have an interest in what is going on in the community and have much at stake.

That meeting was intended to be a gathering of Flat Rock residents who would discuss the pros and cons of the proposed park. It was not intended to be anything else. For its purpose, we did not need anyone else at the meeting. Yet the first thing I heard on Tuesday morning after the Monday meeting, from a member of the board of the soccer association, was criticism for not letting anyone know about the meeting. When I asked him what he meant by that comment, he said that neither Mike Edney nor Clement Riddle knew anything about the meeting. They were not invited! At a meeting the previous Monday, both of them were told that we were establishing the committee for the intended purpose, and that we had hoped to convene the committee for its initial meeting by the end of the week. At the time, the actual date of the initial meeting was unknown. It never occurred to me that, when the meeting was scheduled, I should report its date and time to anyone other than those expected or invited to attend. For a discourse among Flat Rock residents about something that would affect their lives, we felt no need to bring in anyone from the outside.

The committee wasn’t established until Thursday, names were still being added on Friday, and Jim scheduled the meeting for Monday morning, the earliest it could be held. Of the 20 or so committee members, 18 attended the meeting. Each was given an opportunity to speak and to present a position. I understand there were no surprises at the meeting – no breakthroughs – no changes in position. In other words, the result of the committee’s efforts was an impasse.

Since that impasse was reported by the media, I have been accused of poor communication, misrepresentation of the position of the soccer association or taking it out of context, failure to invite its representatives to the committee meeting to present its position, “waffling” on earlier support of the park, and letting Highland Golf Villas dictate the council’s position on the park.

The council had intended today to hear a report from Jim about the meeting, and to discuss its results and where we go from here. We would then take action on the matter at our December 8 council meeting, as we have represented to the public.
However, we have received from Jim a written report of the meeting, and we know what was discussed and the outcome. We also know that a decision on whether to endorse or reject the park/soccer complex concept rests with the council, and that decision needs to be made sooner rather than later.

Over the past few weeks, we have received a great many communications from the community about the park. Those communications include writings, e-mails, telephone calls, and face to face contact. At the time of our November agenda meeting when we had about 75 people in attendance, most there to speak their opposition to the proposed park, I had heard more positive comments about the project than negative. I made a statement to that effect at the time. Since that time, however, this council and I have heard very little in support of the project. Yes, we have heard much from the residents of the neighborhood on whom the park would have the greatest impact. We have also heard from others all over Flat Rock who do not live near the golf course but are very much opposed to the imposition of a park and soccer complex on their community. More than 90% of the communications we have received from Flat Rock residents have been in opposition to this proposed park.

I have polled the council. I know their position with respect to the decision to be made, and we have a consensus. I see no reason to prolong the matter any further. The community has been in turmoil for more than a month. Emotions are running high. For some, it has been gut-wrenching. We need to bring the matter to a close so that people can go on with their lives.

To that end, I will ask the council, “Does anyone at this table think that something could be introduced to this dialogue in the next ten days – that is, before the December 8 council meeting – that would change his mind on the disposition of the proposed Highland Lake Park and soccer complex issue? If the answer is no, then let’s move on.

I will entertain a motion to the effect that:
The Flat Rock Village Council resolves that it will not support a public park and soccer complex on the Highland Lake golf course property, as proposed by the Henderson County Board of Commissioners and the Henderson County Soccer Association; that such proposed park is not in harmony with the quiet residential neighborhood where it would be located, or with the historic Flat Rock community; and that a great majority of Flat Rock residents who have voiced their opinions on the matter are opposed to such park; and further, the council authorizes and directs the Mayor to communicate to the Henderson County Board of Commissioners this resolution of opposition to the proposed park and soccer complex.
Motion made and seconded. Further discussion? Vote.
(The vote for the motion was unanimous – motion carried.)

NOTE:
This is not about “letting the kids have a place to play.” It is not that simple. Another, more appropriate place to play will be found. To us, this is about preserving a neighborhood.

The council did not let Highland Golf Villas dictate this decision, as was suggested. The council did listen to the residents of Highland Golf Villas, and Statonwoods, and Highland Lake Village, and Kenmure, Claremont, Kingwood, Stonebridge, Teneriffe, Flat Rock Lakes, Flat Rock Forest, and other areas of the village. We took note of their concerns, and we acted on their behalf and, in our judgment, in their best interests.

The Highland Lake neighbors may take comfort in knowing they were not in this fight alone. They took the laboring oar, but they had the support of their fellow citizens throughout the Village of Flat Rock. Of that we should all be proud.

Sunday, November 27, 2011

Village of Flat Rock agenda meeting

Monday, November 28, at 9:30 a.m. is the regularly scheduled Village of Flat Rock agenda meeting. The village council will be discussing the potential county purchase of the Highland Lake Golf Club property for development into a soccer complex and whether that use can meet the village's zoning ordinances and special use requirements.

This discussion should result in a question that the village council will then vote on at their regularly scheduled monthly council meeting the second Thursday of the month, or December 8, at 9:30 a.m.

Three letters about the soccer complex in today's paper

From the Times-News, three letters to the editor about the soccer complex.
First from Norah Schumacher of Flat Rock:
...The Henderson County golf community supports its privately established and operated courses much like the overwhelming majority of soccer associations across this country establish and support their regional complex. All this is done without taxpayer funding.

If there is extra money around, please let it go to the children, but please endorse programs that will lead a majority of them to better lives in their future.
Then from Theodore Etherington of Flat Rock:
...If I get in the car and drive in just about any direction, I can find plenty of flat land with none of it in the flood plain. It would require very little in the way of preparation and not anything close to $600,000 to convert it to soccer fields. It would be very easy to contact the owner and make an offer way below 1½ million dollars that any current landowner would happily accept. There would be no complaints from the neighbors because there would be none close enough to speak of. The park district, the soccer association, and the donors would have exactly what they tell us they need.

This issue has nothing to do with the kids and their desire for a decent place to play soccer. That is a reasonable request. The motivation for all of it extends beyond soccer and the other up-front reasons that have been put forth for this purchase. Don’t you wonder what that might be?
And finally from Ed Joran of Hendersonville:
...What Mr. Worrell, the HCSA and four of the five county commissioners choose to ignore is that the opposition from homeowners surrounding the proposed soccer complex is not that we are taking a “NIMBY” (not in my backyard) position. We are taking a “NIABY” (not in anybody’s backyard) position.

A soccer complex with attendant noise and lighting pollution, and negative property value and traffic impacts, is inappropriate in residential settings — particularly at the HLGC site.
Read them all.

Saturday, November 26, 2011

"A place to play": another response to Chip Worrell

In today's Times-News, a letter to the editor from Loyd and Ken Kinnett of Flat Rock:
To the editor: Chip Worrell’s Nov. 18 column was right on. I agree with Worrell’s “let’s just let the kids have a place to play.” “In the neighborhood,” you’d find many who’d also agree.

Why? Because they do have a place to play. He mentions Jackson Park. My question is, why isn’t Henderson County using our taxpayers’ money to repair and upgrade that multi-use field? Yes, Fletcher Park would need work. But it wouldn’t need to widen a road. We’re talking millions to widen Highland Lake Road and Highway 225 just to be safe and accommodate the traffic.

If you study the plans, there is no “new park,” walking trails, and no plans to protect the wildlife or the creek. Flat Rock has no parks and recreation funds. So let’s be honest. We’re talking about a soccer complex with nine soccer fields, period....
Read it all.

Wednesday, November 23, 2011

A look at the 2007 County Parks & Rec Facilities Needs Assessment Report

From Flat Rock resident Tom Brown, here is a breakdown of Henderson County's 2007 "Facilities Needs Assessment Report" that he sent to the Flat Rock village council. This needs assessment report has been used as the basis of the Henderson County Soccer Association's (HCSA) and the county's push for a soccer complex.Yellow highlights are those of Mr. Brown, and all other highlights, italics, and links are my emphasis:
Dear Councilman Wert and others;

I thought it appropriate to share something I have been working on for some time now concerning the "Soccer Complex" issue.

It has been revealed and used quite frequently by the HCSA and others that there are certain cornerstones to the requirement for the need of a "Soccer Complex" that need to come into question.

From the beginning, [Henderson County Soccer Association president Clement] Riddle has touted the "Needs Assessment Survey" and its results as a key foundation for the requirement that Henderson County and now Flat Rock accept the "Soccer Complex" as a requirement. He also has represented that the HCSA will have 1,200 youth players and 600 adult players if the Soccer Complex is built.

Interestingly enough, the "Needs Assessment Survey" and its results have been ... misrepresented and have certainly not been appropriately quantified or qualified to represent the facts as they have been presented by the HCSA.

The actual "Needs Assessment Survey" was a flop, it was not representative of the population of Henderson county and in no way resulted in the "Number One need being stated as a Soccer Complex."

The survey, as revealed in the minutes of the Henderson County Commissioners, states that the "Needs Survey," the basis for the HCSA argument on the need, was not in any way shape or form a representative sample of Henderson County taxpayers, ....

[The county] opened five high schools on a Tuesday night for 2 hours and only 153 votes were taken, out of 102,000 residents in Henderson County at the time, and the resulting poll question voted number one was far from a specific need for an exclusive 9-soccer field complex as represented. Furthermore, I have not been able to establish how the survey was advertised or represented to the public for input.

The premise that we need 9 soccer fields for 1,200 youth players and 600 adult players providing revenue to the project will never be realized by their own admissions of only needing 5 soccer fields at this time in the "needs assessment survey" that they are relying upon. Someone needs to request from the Parks & Recreation Department an accounting for the paid "soccer player" fees received over the last 5 years. These numbers as presented are a "Pipe Dream" as defined by commissioner Bill O'Conner. The HCSA has projected a membership participation of 1,200 youth players and 600 adult players and currently according to the HCSA website, only has 87 fall players listed and never has had adults. [See my clarification below to explain these numbers somewhat.]

To further bolster my claims about the exaggeration, the "whoops" email sent from [Henderson County Parks & Rec director] Tim Hopkin's email concerning the Commissioners' meeting went out to just over 800 players, by their own admission, with listed emails in the entire region of western NC, which includes many counties and many other Soccer Associations. I know not everyone has email that might be in our county program, but what is the true count in Henderson County?

The HCSA misrepresents the findings of the "Needs Assessment Survey." Look at this document presented to the County Commissioners on December 3, 2007, and the following excerpts:

On page 2 of 19:
The current youth soccer program requires an area of 5 full size fields; however during the twenty year period of this study, as many as 10 fields could be needed. A full size soccer field measures 120 x 80 yards. Ideally, as many fields as possible should be located together. This greatly enhances the opportunity to host tournaments and better facilitates scheduling of games for participants and staff. The use of artificial turf was proposed as one possible solution to address the heavy use of the soccer fields. Artificial turf fields can accommodate almost nonstop play, whereas, turf fields require extended periods of recovery without any use. Artificial turf has a greater initial cost but lower annual maintenance cost as compared with turf. A soccer complex was also identified as a facility that would have adequate parking, concessions, restrooms, maintenance (facilities and equipment) and amenities such as walking tracks/trails, playgrounds and green areas.
Notice, only five fields are needed...not 9, not 7!

On page 3:
A complex with five fields is currently needed in the County. Additional fields could be added into the complex to meet the growth of soccer over the next twenty years or a second complex built. The complex(s) need to be centrally located within the County and best close to the intersection of I-26 and US 64. It is not practical to plan for this type of facility to be duplicated throughout the County and a centralized location near large transportation corridors will provide the best access situation. Also, this location will best accommodate tournament participants. An approximation of the expenditures over the next twenty years is between $6,000,000 and $11,500,000.
Notice centrally located was stipulated, close to the intersection of I-26, and it is not practical to place it into a non-central location near a major traffic corridor. Only five fields are indicated, why nine at Flat Rock?

Funny how Clement did not project this claim in the report...? Also, who established the need for 5 fields? There are many other "Soccer Complexes" in other cities in the tri-state area with fewer fields that serve much more of a population than Henderson County.

Also, there were only 153 participants, in five public sessions held at the High Schools on Tuesday night....out of over 102,000 residents in Henderson county, wow, what a representative sample.....I submit, it was probably loaded with soccer people. How did they inform the residents of Henderson County that this survey was going to be taken and that it would effect their pocketbook in the near future?

Furthermore, here is the exact wording of the "Number One" need as expressed by this "representative sample" (found on page 8, noted at the North Henderson High School input session from August 28, 2007):
Soccer coach, soccer facilities are declining, need complex with multi-use fields (field turf fields), lighted, location should be centralized in County.
Interesting, NEED COMPLEX WITH MULTI-USE FIELDS..., I don't read this as "need exclusive 9 field soccer complex in residential neighborhood"....or even 7.

I wish you would take a more investigative view and look into the "Facts" as claimed before taking any action. This only took me two hours to uncover and I am sure there are many more untruths to be exposed. I have placed a call and sent email to the survey company and have not received any response as to the validity of the results as presented. This in itself makes me think that the survey is a ruse at best.

In summation, the Village should carefully consider the ramifications of backing up a flawed plan by the Henderson County Commissioners and the potential impact of a developed and poorly used and funded park in their district. The plan for this "Soccer Complex" will only bring heartache and trouble to our district.
I would note one clarification: The number of soccer players cited in the needs assessment report includes both those playing through the Henderson County Parks & Rec Department and the HCSA. Parks & Rec has more players since their teams are open to all, while HCSA has many fewer as they are competitive teams that require try-outs and cuts, and both groups were added together to come up with the overall numbers of 1,200 youth and 600 adult soccer players.

"Committee studying soccer complex reaches impasse"

From Gary Glancy at the Times-News:
A special-committee meeting of Flat Rock residents Monday brought both sides no closer to compromise on a proposed soccer complex at the site of Highland Lake Golf Course, village Councilman Jim Wert said Tuesday. The fate of the project now rests once again with the Village Council....

Wert, chairman of the committee, said there was also a good mix of supporters at Monday's meeting who made strong points in favor of the project, but the "preponderance" of representatives were those who objected to it.

"We really couldn't accomplish a whole lot because the two positions were so far away — i.e., no soccer fields versus no fewer than seven," Wert said. "It really didn't lend itself to a negotiated compromise."

The Village Council plans to meet formally Monday to hear a report from Wert on what information was gleaned from the meeting, and to place the matter on the agenda for a vote during the council's monthly meeting Dec. 8....

County Board of Commissioners Chairman Mike Edney said the board awaits Flat Rock's official position and likely will discuss the village's decision at its Dec. 21 meeting — which may be moved to another date to accommodate public hearings on other matters.

"Once Flat Rock makes a determination on how they want to see this go, then we'll get together and talk about it," Edney said. "If they're giving us an indication up front that they're not going to support it, then everybody just needs to change gears and go in a different direction."...

[Henderson County Soccer Association president Clement] Riddle declined to comment yet about what the soccer association's plans are if the Highland Lake deal falls through, though Edney said "we're keeping all our options open."...
Read it all.

HOA follow-up after Flat Rock advisory committee meeting

From the Highland Lake Residential Homeowners Association (all highlighting and links are my emphasis):
To: Villege of Flat Rock Council:

At the meeting of the advisory committee today, Ginger Brown and I [Bob Bailey] submitted the attached Memorandum (with the Exhibits referred to therein) setting forth the position of the Highland Lake Residential Homeowners' Association regarding the proposed conversion of the Highland Lake Golf Club to a regional soccer complex. For the reasons stated in that Memorandum, we urge you to advise the County Commissioners that you are unanimously opposed to the County acquiring the Highland Lake Golf Club and the development of the soccer complex.

Our attorney, Robert Dungan, poses the following: "How can the Council 'endorse' (read 'approve') a permit if no application with full details is filed and properly reviewed? What if the Council endorses the plan, but then later finds the permit application to be deficient or unacceptable? And in the meantime, Henderson County would have closed the purchase. The Council must be told that this would result in a suit by Henderson County. On the other hand, if it is 'pre-approved' the Council will face a formidable legal challenge from you [Highland Lake Residential Homeowners' Association, Highland Golf Villas Association and Statonwoods Homeowners Association]."

Again, we respectfully ask you to say no and bring this matter to an end.

Tuesday, November 22, 2011

HOA memo to Flat Rock village council

This is a memo presented to the Flat Rock Village Council by the Highland Lake Homeowners' Association, one of three HOAs opposed to the proposed purchase of the Highland Lake Golf Club by the county and the development of a soccer complex (all highlighting and links are my emphasis):
MEMORANDUM

To: Village of Flat Rock Council

From: Ginger Brown, President of the Highland Lake Homeowners’ Association and Bob Bailey for the Association

Re: Highland Lake Golf Club/Proposed Soccer Complex

Date: November 21, 2011

Personal Backgrounds:

Ginger Brown is President of the Association, which represents the interests of the owners of 126 homes in that part of Highland Lake known as the Neighborhood.

Bob Bailey is a former Vice President of the Association. He is an Illinois attorney and has more than 50 years of experience in dealing with commercial real estate transactions, including zoning matters.

Statement of Facts:

The Henderson County Board of Commissioners, apparently in closed session, entered into an option agreement, dated August 26, 2011, with Course Doctors, Inc. for the purchase of the Highland Lake Golf Club in Flat Rock for $1.15 million. With no notice, particularly to the Village and homeowners most affected, the Commissioners at a morning meeting on October 19, 2011 voted to “exercise the option”. Representatives of the Henderson County Soccer Association were in attendance at this meeting and apparently received notice, but as noted above, none of the homeowners most affected by the proposed transaction were, or had the opportunity to be, present to voice their opinions. The action of the Commissioners to “exercise the option” at such meeting appears to be in violation of the North Carolina Open Meeting Act and, as such, should be void. Although there is an exemption in such Act for negotiating in closed session, there is no such exemption after the option agreement was finalized and signed on August 26, 2011.

A review of the option agreement and Soccer Association’s handout, discloses that the County and Soccer Association will partner in the conversion of the Highland Lake Golf Club into a regional soccer complex with 9 soccer fields, parking for over 300 cars, and lighting, to be developed in phases. The Soccer Association’s handout also discloses that the County and Soccer Association are to split all tournament revenues on a 50-50 basis.

At a meeting on November 7, 2011, the Commissioners, at an open meeting, discussed the financing of the purchase the Highland Park Golf Club and the development of the first phase of the soccer complex. This meeting was well attended by both those who support the proposed soccer complex and those who oppose it. During such discussion, Commissioner Edney made the statement that the County will not go forward with the purchase of the Highland Lake Golf Club if the Village opposes the building of the soccer complex on the site.

At a meeting of the Village Council on November 10, 2011, there was public discussion of the proposed soccer complex. Our attorney, Robert Dungan, made a presentation to the Village Council setting forth the position of our Association, Highland Golf Villas Homeowners Association and Statonwoods Homeowners Association, which collectively represent the owners of 263 homes in the Village. A copy of Mr. Dungan’s Memorandum to the Village (without the Exhibits) is attached as Exhibit A. At the conclusion of that meeting, the Village Council decided that an advisory committee should be appointed for the purpose of determining whether a compromise can be worked out between those who are for and those who are against the proposed soccer complex.

POSITION OF THE ASSOCIATION:

1. Amendment of VFRLDO. The Village Land Development Ordinance would have to be amended to permit the proposed soccer complex. See attorney opinion attached as Exhibit A.

2. Required Findings of Fact for Conditional Uses and Special Uses. The proposed soccer complex cannot satisfy the required findings of fact for a conditional use or special use. See attorney opinion attached as Exhibit A and copy of letter dated November 6, 2011 from Mayor Staton to Chairman Edney attached as Exhibit B. It is important to note that the owners of the golf course sold off part of their property for Statonwoods about the time the golf course was constructed and more recently for the Golf Course Villas. They should not be entitled to a conditional use or special use for the soccer complex, because they were responsible for permitting, and they profited from, the residential development around the golf course. Mr. Riddle has presented evidence that “parks” actually increase the value of surrounding residential areas. We assume that is true for traditional parks, but not soccer complexes. Despite Mr. Riddle’s statements to the contrary, we have been unable to find any soccer complexes that are closely surrounded by residential areas. Putting a walking trail around the soccer complex would not make it a park.

3. NIMBYs. The proponents for the soccer complex and some editorials have referred to us as NIMBYs. That is not true. Our position is that any soccer complex should not be closely surrounded by residential areas. A soccer complex is a high impact recreational facility. Lights, noise and traffic would have an adverse effect on the surrounding residential areas. The proponents of the soccer complex have also pitted the old against the young saying we are against soccer. Again that is not the case. There are many suitable sites for a soccer complex in Henderson County, including the ArvinMeritor site referred to below. We hope that they find a suitable site for their soccer complex.

4. Highest and Best Use of Property. The highest and best use of the property in the flood plane is for is for a golf course. As a golf course, the County estimates the value of the property to $1.75 million. Converting the property to a soccer complex will substantially reduce the value of the land and the surrounding residential areas. The course is heavily used, even in bad weather by young and old. Golf is a sport for all ages, not just the young. The golf course and its drainage courses have been in place for approximately 40 years. Converting the golf course to a soccer complex could create serious drainage problems, which if not properly addressed, could cause flooding of surrounding areas. The cost of addressing this problem would be expensive. Moreover, the soccer complex could be unusable after heavy rains.

5. Compromise or Scuttle. It does not appear that there is any room for compromise. The County Commissioners have already stated that the County will not acquire the property unless the soccer complex can be developed on it, and that it will not restrict the property to prevent expansion of the soccer complex. Mr. Riddle has stated that although lighting is not included in the first phase of the soccer complex, he could not rule out lights in the future.

6. Soccer Association Track Record. Two years ago the Soccer Association entered into a long-term lease of the ArvinMeritor site with the Town of Fletcher on which the Soccer Association was to develop a regional soccer complex. That site is as ideal for a soccer complex as the soccer complex on the golf course site would be a square peg in a round hole.[My note: posts outlining the advantages of the Fletcher site are at the bottom of this post (lots of photos), and these posts comparing and contrasting location, safety, and access.]

Now the Soccer Association is walking away from the ArvinMeritor site because it could not raise sufficient funds to develop the soccer complex. See copy of letter dated October 27, 2011 from William B. Moore, Mayor of Fletcher, to Chairman Edney attached as Exhibit C and “The Justice Compromise”? attached as Exhibit D. The development of the soccer complex is poorly planned with hidden costs. It is very likely that there will be substantial cost overruns. We do not want a soccer complex on the golf course site, especially a partially completed one.

Conclusion:


For the reasons stated above, we respectfully request the Village Council to advise the County Commissioners that it is unanimously opposed to the County acquiring the Highland Lake Golf Course and the development of the soccer complex.

Thank you for your consideration.

Legal memo to Flat Rock village council

Asheville Attorney Robert Dungan, who represents the Highland Lake, Highland Golf Villas and Statonwoods homeowners, speaks to the Flat Rock Village Council about the proposed soccer complex and public park at Highland Lake Golf Course during a council meeting at the Flat Rock Village Hall.  Patrick Sullivan/Times-News

At the Flat Rock village council meeting on November 10, Robert Dungan, the attorney representing the three homeowners associations, presented an outline of the opposition to the purchase of Highland Lake Golf Course by Henderson County for the proposed soccer complex (all highlighting and links are my emphasis):
MEMORANDUM

To: Village of Flat Rock Council

From: Robert E. Dungan as attorney for Highland Lake Residential Homeowners Association, Highland Golf Villas Homeowners Association and Statonwoods Homeowners Association (“Associations”)

Re: Opposition to Purchase of Highland Lake Golf Course by Henderson County for Proposed Soccer Complex

Date: November 10, 2011

Introduction

Our clients represent the interests of 263 homes located adjacent to or in the immediate vicinity of the Highland Lake Golf property. These homes have, based on average per home valuation, a collective tax valuation of approximately $70 million (Exhibit 1). These homeowners and their families would be the most affected by the proposed soccer complex at Highland Lake, yet they have never been consulted by Henderson County or by the seller Course Doctors, Inc., essentially those with the most to lose have been the last to find out and the most ignored. The Council of the Village of Flat Rock along with its Board of Adjustment needs now to listen to these owners, to enforce the Village of Flat Rock Land Development Ordinance (“VFRLDO”) and put an end to this illogical and ill-planned proposal that has every indication of being a spendthrift boondoggle.

Background

On August 26, 2011, apparently in closed session, the Henderson County Board of Commissioners (“Commissioners”) entered into an option agreement (Exhibit 3) with Course Doctors, Inc., (“Course Doctors”) for the purchase of the Highland Lake Golf Course, about 67 acres of land (“Golf Course”), for a purchase price of $1.15 million.

With no other notice, and particularly to these homeowners, the Commissioners at a morning meeting on October 19, 2011, voted to “exercise the option”. The published agenda for the meeting (Exhibit 2) shows only under Discussion the following: Potential County Soccer Complex: Presentation from Henderson County Soccer Association (“HCSA”). No homeowners were present to voice their opinions. The HCSA’s handout is included as Exhibit 5.

A review of the option agreement and the purchase contract (Exhibit 4) reveals that the County is to make a “donation” of $100,000 for the soccer complex in addition to the purchase price. It also states that the County will be a partner in the undertaking. While the HCSA is supposed to contract with the seller for the construction of the soccer complex, there apparently is no proposed contract, only a cost estimate of about $400,000. HCSA’s presentation indicates that the County will split all tournament revenues with HCSA on a 50-50 basis. No estimates were made for ongoing maintenance.

The County further prepared a draft business plan for the soccer complex (“Business Plan”) (Exibit 6) which shows future amenities with cost estimates of about $650,000.00 This includes some $230,000.00 for lighting. No source of funding is given for “future amenities”.

Position of the Associations

In the first place, the Associations take the position that this proposed project is illogical for this site. It certainly does not conform to the characteristics of historic Flat Rock. It is an expensive project with many hidden costs and problems, including unanswered or unconsidered problems with traffic and potential road-widening requirements. From an economic point of view, it appears that only Course Doctors will win. It will sell a dubious and most likely underperforming asset, and it will get lucrative construction contracts that appear “locked up”.

Second and more importantly for the Council and Board of Adjustments’ responsibilities, this proposed soccer complex would, to begin with, require an amendment to the VFRLDO. Specifically, the soccer complex would have to satisfy the definition of Park under the VFRLDO. “The term ‘park’ shall not include zoos, recreational vehicle parks, amusement parks, vehicular racing facilities or any for profit recreational facility or use” (emphasis added). Section 501. Throughout both HCSA’s information and the County’s Business Plan, there are explicit references to “revenue sharing”, “profit sharing”, and “50-50 split” from tournament profits.

Even if, the VFRLDO is amended, the soccer complex would have to satisfy the requirements for a conditional use permit. This it will not be able to do for the following reasons:

1. Section 1602(C) – The use will not substantially injure the value of adjoining property. But the soccer complex will. A preliminary inquiry with an appraiser indicated a negative impact on property values of between 12% and 20%, particularly for Highland Golf Villas and Statonwoods. In other words, a collective drop in property values of between $8.4 million and $14 million.

2. Section 1602(D) – The location and character of the use will be in harmony with the area. The soccer complex will not be in harmony with these adjoining neighborhoods. The neighborhoods will suffer from traffic congestion, noise, not to mention the night illumination required for the soccer fields.

3. Section 1602(F)
(F)(1) The soccer complex will fail to satisfy traffic flow and control problems.

(F)(2) Use of the soccer complex, particularly during the much-touted tournament play, will fail on the basis of aesthetics, including noise, glare and excess illumination from lights, and trash.

(F)(6) The soccer complex will not meet acceptable standards for signs and proposed exterior lighting and is not aesthetically compatible with properties in the district.

Conclusion

The Golf Course is the wrong location for a soccer complex. HCSA has already entered into a lease with the Town of Fletcher for a tract of land that is much more compatible, cheaper to develop and could be a true, dedicated soccer complex in a location that will disturb no one.

The project is expensive, not only because of acquisition costs, but also unknown costs and no provisions for maintenance. No plan has been made should financial backing of HCSA fail to complete the complex. Would the County then fund it or would the Village of Flat Rock be left with an eyesore? And even if completed, will HCSA be able to maintain the soccer complex.

The Village Council should inform the County that this soccer complex as proposed will never meet the requirements of the Land Development Ordinance. I urge you to send this message to the Commissioners loudly and definitively.

Advisory committee meeting [with added info]

An advisory committee requested by Mayor Staton and the Flat Rock village council met yesterday (November 21) at 10:30 a.m. The meeting was chaired by councilman Jim Wert and included representatives from Highland Golf Villas, Highland Lake Village, and Statonwoods as well as others interested in the golf course development. There was no official representative from the Henderson County Soccer Association (HCSA) although there were several who were in favor of the soccer complex.

This committee was purely advisory with no authority to make any decisions. A variety of concerns were discussed and noted by Mr. Wert. He listed at the beginning of the meeting several areas of clarification. According to him, Henderson County and the HCSA want at least seven soccer fields, and would like more. There is no compromise with them on that issue.

The end result is that this discussion will be part of what the village council considers at their Monday, November 28, agenda meeting. That meeting will result in an action item for their regularly scheduled village council meeting on Thursday, December 8. They are trying to determine whether, given what the county wants, there is any possibility of the county meeting the village’s zoning and special use requirements for the property. Even though no specific plans have been submitted, as Mayor Staton said in an earlier letter:
In the best interests of all concerned, the council should endorse or reject the proposed project concept sooner than later. It would not be fair to anyone to drag that action out over the length of time required to document and process a use permit application.
It’s my hope that the idea of the county purchase of the property for a soccer complex dies at the November December 8 village council meeting with the councilmen determining that it would be too difficult and divisive to allow for all the special use changes to the existing zoning ordinances that would be necessary for the soccer complex development to go forward.

But it’s not over 'til it’s over, so. . .

[Added info: One of the biggest concerns to the homeowners around the golf course property is distrust of the county and, tangentially, of the HCSA. Because of how this was handled at the county level (the signed option agreement not being disclosed until two months after signing, the insistence of the county commissioners that this was a "done deal" when it wasn't, the lack of communication with the village mayor and council, etc.), the worry is that even if the county agrees to limit development, once they own the property they'll do what they like. I think this is a very valid concern.

Unfortunately, the HCSA has been tarred with this brush as well--and it doesn't help that they already have a lease contract with the town of Fletcher that they are backing out of. It's valid to wonder whether the HCSA might do the same thing here and leave the village with a torn-up piece of abandoned property at one of the gateways into Historic Flat Rock.]

Another response to Chip Worrell

This time from Ed Joran of Statonwoods:
Mr. Worrell uses Machiavellian logic, i.e., the ends justifies the means, in supporting the development of a soccer complex on the Highland Lake Golf Club (HLGC) site in Flat Rock. He spends two paragraphs citing the number of golf courses in Henderson County. That’s irrelevant to the siting controversy.

He then casually dismisses the Henderson County Soccer Association's (HCSA) signed 25-year lease for a soccer complex with the Town of Fletcher.

Then, he tells the neighbors around the proposed soccer complex they should just accept the environmental encroachment of a raucous soccer complex 150 feet from their homes because “This is life.” He then goes on to chide opponents to say their thinking is “pretty small” in opposing the soccer complex. "Pretty small?" Really?

What Mr. Worrell, the HCSA and four of the five County Commissioners choose to ignore is the opposition from homeowners surrounding the proposed soccer complex is not that we are taking a “NIMBY” (not in my back yard) position. We are taking a “NIABY” (not in anybody’s back yard) position.

A soccer complex with attendant noise and lighting pollution, and negative property value and traffic impacts, are inappropriate in residential settings – particularly at the HLGC site.

Monday, November 21, 2011

A response to Chip Worrell

In response to Chip Worrell's column in the Times-News, "Let's just let the kids have a place to play," Barbara Coladarci answers:
It is Not About the “Kids”

When listing all the golf courses, Chip Worrell fails to mention that they are private clubs that do not rely on the Henderson county taxpayer. The Highland Golf Course provides the only affordable training venue for the Junior/ Senior High Schools in Henderson County. The area is zoned R20, which prohibits “trailer park, retail store, asphalt plant.”

When he says, "Just let the kids have a place to play," he, like the Commissioners, fails to mention:
  1. the 100 fold increase in traffic, on tournament days, serviced by a two-lane country road;
  2. there is only one way in and out of the complex;
  3. the line of sight is less than 37 feet from the entrance to the railroad track, and presents a safety hazard;
  4. approval has not been obtained from NCDOT to cut another entrance and its cost is unknown;
  5. the proposed 9 fields are not just for "kids" but also for adult tournaments;
  6. high-intensity lights create light pollution, and perpetuate the noise from enthusiastic fans well into the night;
  7. the Internet shows that "soccer complexes" are not normally in residential areas;
  8. property values within 1/4 and 1/2 mile of a soccer complex decrease by 13-20%;
  9. decreased property values mean decreased revenue.

Upcoming Flat Rock village meetings

Just some reminders for everyone:
  • The next Flat Rock Village agenda meeting is Monday, November 28, at 9:30 a.m. This is when the agenda for the next village council meeting is set.
  • The next village council meeting is Thursday, December 8, at 9:30 a.m., and depending on the agenda, you should consider attending.
All meetings are, of course, open to the public.

Mountains to Molehills: "Bad idea..."

The Highland Lake Park/Soccer Complex situation makes the Times-News again. This time, Lou Parris, columnist of Mountains to Molehills, quotes Sally Hughes:
Do you remember the old bumper stickers that read, ‘Flat Rock Is A State of Mind'? With the Carl Sandburg Home, the Flat Rock Playhouse, Rainbow Row, St. John in the Wilderness Church, Highland Lake Inn and many lovely historic homes, it still is. Every year more and more people are moving here because of its quiet charm. The Highland Lake Golf Course and the dam nearby define the entrance into Flat Rock. If the golf course can no longer stay in business, it would make sense to use the area for walking trails and a nice park, maybe keeping the driving range and having several tennis courts. Soccer fields would not be in keeping with the neighborhood...
Read it all.

Saturday, November 19, 2011

Henderson County 2007-2011 strategic plan: Goal 2

Henderson County has a strategic plan with six goals. I’ve already taken a look at Goal 1 as relates to the county’s option agreement to purchase the Highland Lake Golf Club and develop it, with the help of the Henderson County Soccer Association, into a large soccer complex in the middle of three established residential communities. Now on to the next one:
Goal 2: To responsibly manage growth and its impacts.
One of the strategies under this goal is:
Strategy 2.2: To direct growth to areas where essential services and infrastructure are present and protect sensitive natural areas and key historic / cultural resources from extensive development.
With the 1995 incorporation of Flat Rock, the village is part of but also separate from Henderson County in some areas, so maybe the county leadership felt that they didn’t need to concern themselves so much to “protect…key historic/cultural resources from extensive development.”

The entrance into the village that runs beside the Highland Lake Golf Club is a key historic resource as a gateway into Historic Flat Rock.

Gateway into Historic Flat Rock
Flat Rock’s history is a vital part of Henderson County and a major draw for tourists to come to the area, including the opportunity to visit landmarks like the Flat Rock Playhouse, St. John in the Wilderness, and the Carl Sandburg National Historic Site. The nature of the village makes it also very attractive to those looking for a year-round lifestyle that offers both quiet charm and sophistication. To protect this image, each entrance into Historic Flat Rock must present a vision reflective of that. 

St. John in the Wilderness Episcopal Church

Entering the village through massive traffic on a tournament day, or any day with multiple games or practices scheduled, or attending an evening performance at the Playhouse after driving past high-intensity lights for night play does not mirror the character of the community.

Soccer lights at night

In deciding to develop a soccer complex in the current location of the golf course, the county commissioners have forgotten their overall goal to "responsibly manage growth and its impacts" (they seem have to ignored the impact on the village), as well as the strategy to "protect...key historic / cultural resources from extensive development"--development doesn't get much more extensive than potentially putting thousands of people into a small area with inadequate roads.

Next: Goal 3: To enhance the quality of life for all citizens through improved access to health care, children’s services, aging and elderly services, human services, public safety and cultural and recreational resources.