MINUTES

STATE OF NORTH CAROLINA BOARD OF COMMISSIONERS

COUNTY OF HENDERSON OCTOBER 23, 2001

The Henderson County Board of Commissioners met for a special called meeting at 2:00 p.m. in the Commissioners Meeting Room of the Henderson County Office Building at 100 North King Street, Hendersonville, North Carolina.

Present were: Chairman Bill Moyer, Vice-Chair Marilyn Gordon, Commissioner Grady Hawkins, and Clerk to the Board Elizabeth W. Corn.

Also present were: Assistant County Attorney Jennifer O. Jackson, Planning Director Karen C. Smith, Paul Dunnavant and A.J. Ball.

Absent were: Commissioners Don Ward and Charlie Messer, and County Manager David E. Nicholson.

CALL TO ORDER/WELCOME

Chairman Moyer called the meeting to order at 2:03 p.m. The purpose of this meeting was to consider and take action on: Request for Improvement Guarantee for Oleta Falls. It was being heard at a special called meeting due to unusual circumstances which will be explained in the meeting.

REQUEST FOR IMPROVEMENT GUARANTEE FOR OLETA FALLS

Karen Smith explained that A.J. Ball, on behalf of Waterside Properties, L.L.C., had submitted a request for approval of a subdivision improvement guarantee. Waterside Properties, L.L.C., wish to deposit cash or certified funds to cover costs associated with certain road improvements that are required in Sections 1, 2, and 3 of Oleta Falls. Mr. Ball requested that the Board consider this matter prior to the Board=s regular meeting on November 5, 2001 in order to avoid rescheduling of a grand opening that they had planned for the weekend of October 27, 2001.

The Planning Board approved a Master Plan and a Development Plan for the entire project on April 25, 2000, subject to several conditions. The Developer wishes to record a final plat on certain areas of the subdivision but all of the required improvements had not been completed in accordance with the approved Plan.

Pursuant to Section 170-39 of the Henderson County Code, a developer may, in lieu of completing all of the required subdivision improvements prior to Final Plat approval, post a performance guarantee to secure the County=s interest in seeing that satisfactory construction of the incomplete improvements occurs. Waterside Properties, L.L.C., intends to deposit with the County the amount of $101,925.00, which includes the cost of the following: (1) cutting the grade of the road known as Bear Landing Drive to 18% or lower on that section which currently exceeds 18% grade, (2) reconfiguring of the curve on the road known as Oleta Mill Trail in the vicinity of the Stepp Cemetery to increase the curve radius to at least 110 feet, and (3) making remedial improvements to increase road shoulder widths along certain sections of road. This amount also includes the required contingency amount of twenty-five percent (25%). The proposed completion date for the improvements is April 30, 2002.

A draft Performance Guarantee Agreement for the current applications was in the packet of information for the Board=s review and consideration. If the request is approved, Waterside Properties, L.L.C., must deliver to the County the funds in accordance with the terms of the Agreement. The Assistant County Attorney must review and certify the Agreement as to form prior to its execution by the Chairman and the developer.

The County Manager had recommended Board approval of the request for improvement guarantee for the above-mentioned improvements, subject to the developer depositing $101,925.00 with the County in accordance with the terms of the subject Agreement.

In the packet of information for Board review was a draft engineering estimate but Karen distributed the actual copy of the engineering estimate for $31,740.00, from Mountain Engineering Company. Ms. Smith explained that both had been combined into one agreement for a total of $101,925.00. The developer plans to do a wire transfer to Henderson County. We won=t be able to confirm that until tomorrow, it takes 24 hours for a wire transfer to clear.

Karen Smith introduced Paul Dunnevant, the Manager for Waterside Properties and A.J. Ball, the Project Manager with Waterside Properties working on Oleta Falls.

A.J. Ball thanked the Board for working this into their busy schedule. They found two problems when they were getting ready to record for phase II and they both dealt with roads. One road (Bear Landing Drive) from the top of the road to the cul de sac is 15% grade; however, there is a 200 foot section on that road that is greater than 18% grade. It wasn=t discovered until a phone call from the surveyor last Monday. The second problem is with a section of road (a curve) along Stepp Cemetery on Oleta Mill Trail that fails to meet the radius standard. They did major construction on that road and are limited in what they can do by topography and the position of the cemetery along the road. Mr. Ball explained that there are two other problems with roads but they are not on the request because they are not collector roads and don=t have to meet the 110 foot radius, they only have to meet a 90 foot radius so they were able to eliminate a couple of problems up front.

Mr. Ball stated that they would like to record the plat tomorrow, once the money is in Henderson County=s hands, and move forward with their grand opening as scheduled.

Karen Smith stated that upon staff=s inspection last Thursday they found some shoulder work that needs to be done. They have added funds to take care of that project as well. Upon questioning, Karen explained that 18 feet is the standard for their road travelway.

Mr. Ball explained that the Assistant Fire Chief, Ron Godby, had been out to the site and he felt very comfortable with the roads. He was taken throughout the project. The Asst. Fire Chief had written a letter that Mr. Ball had planned to bring to this meeting but he could not pick it up at the Fire Station today. He had no issue with emergency vehicles or any problem with traffic ability in the development.

Mr. Ball explained that the roads are already paved and they have to be torn up and rebuilt to take care of the problem areas. They are private roads in a gated community. They don=t plan to ever turn the roads over to the State.

Commissioner Hawkins made the motion that the Board approve the guarantees for the above mentioned improvements, subject to the developer depositing said amount of money with the County in accordance with the terms of the agreement.

Karen asked the applicant if they believed that they can accomplish these tasks as presented. Mr. Dunnevant, the Legal Manager for Waterside Properties, stated that they fully intend to meet the requirements of the County. This work will begin promptly after the grand opening this weekend.

A vote was taken on the motion and it passed unanimously.

Commissioner Hawkins made the motion to adjourn the meeting at 2:13 p.m All voted in favor and the motion carried.

Elizabeth W. Corn, Clerk to the Board

William L. Moyer, Chairman