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.