MINUTES  STATE OF NORTH CAROLINA COUNTY OF HENDERSON  BOARDOFCOMMISSIONERS TUESDAY,AUGUST20,2024  The Henderson County Board ofCommissioners met for a Special Called Meeting at 9:30 a.m. in the meeting room of the Historic Courthouse, 1 Historic Courthouse Square, Hendersonville, NC The following were present: Chairman Rebecca McCall, Vice-Chair J. Michael Edney, Commissioner Daniel Andreotta, Commissioner David Hill, Commissioner William Lapsley, County Manager John Mitchell, Assistant County Manager Chris Todd, Financial Services Director Samantha Reynolds, Attorney Russ Burrell, and Clerk to the Board Denisa Lauffer. Also present was: Engineer Marcus Jones, Chief Communications Officer Mike Morgan, A/V Technician Oscar Gurrero, Recreation Director Bruce Gilliam, Recreation Supervisor Jason Kilgore, Capital Project Manager Bryan Rhodes, Finance Director Randall Cox, PIO - Kathy  28792.  Finotti videotaping. Deputy Chris Stepp provided security.  CALLTOORDERDER/WELCOME  Chairman McCall called the meeting to order and welcomed all in attendance.  INVOCATION  Commissioner Hill provided the invocation. PLEDGE OF ALLEGIANCE PUBLIC COMMENT  Chairman McCall led the Pledge of Allegiance to the American Flag.  1. Kirk Hall opposed the Special Use Permit issued to First Contact Ministries for a Saluda men's drug rehabilitation center. He urged the Board to recommend changes to the zoning 2. Chris Walters spoke in support of preserving the park-like setting ofBerkeley Mills Park. 3. Lynne Williams spoke in support of preserving the historical forests/nature of Berkeley  ordinance. Mills Park.  DRCISIONADISINENT OF AGENDA  Chairman McCall made the motion to approve the agenda as presented. All voted in favor, and  the motion carried. DISCUSSION  Multi-Use Sports Complex these minutes.  The Board was presented with a proposed agreement for Professional Services that is attached to  APPROVED: September 3, 2024    August 20, 2024 presentation:  2  Withers Ravenel Growth Officer Jason Bertoncino, PE, presented the Board with the following  HENDERSON COUNTY  Berkeley Park Sports Complex  Board of commissioners August 20, 2024  Jason Bertoncino, PE Growth Officer  Alison Alexander WNC Client Experience Manager  (4D) Celebrating 40 Years!  WithersRavenet Our People. Your Success. We Are  Placemakers 40+vEAs 420 EMPNEVEE  +PROJECTS  24k  SERVICE AREAS Asset Management Design & Planning Economic Development Environmental Funding & Finance (4D)  Land & Site Development Public Engagement Remote Sensing Stormwater Surveying & Geomatics  Geographic Information: Systems Water &s Sewer Utilities  WithersRavenel  WithersRavenel Locations  GO)  WithersRavenel  APPROVED: September 3, 2024    August 20, 2024  3  Will Cauthen Client Officer  HENDERSONCOUNIY  Alison Alexander Client Experience Manager  Joe Boyd, Project Manager  Jason Bertoncino, ITIDAR Senior TechnicalAdvisor  Kyle Freehart, Associate Project Manager Marshall Wight. Surveyor Joel Turner, Construction/ Administration Alan Mackey Construction Adminitration  Kurt Pfeifer, AA DDAP Subject Matter Expert Brian Starkey.  Subject Matter Expert Ryan Bergeron, ProjectEngineer  Amanda Whitaker Directors ofF Funding Services Monica Chevalier Funding Complance  Team Experience  PLEASANT PARK, APEX, NC CARY DOWNTOWN: PARK SALEMI POND PARK, APEX, NC TING PARK, HOLLY SPRINGS, NC  WAKE STONE ATHLETIC PARK, KNIGHIDALE, NG  (4D)  WithersRavenel  APPROVED: September 3, 2024    August 20, 2024  4  Ea  20175 21343 1270 2129) 179 21240 Euo, 21280 E3 a 21275 213 210 2140 2193 1775  E25 E  En2n  ma  2024  2025  2026 Dec  Aug Sep Oct Nov Dec Jan Feb Mar Apr Spring/  Site Investigations & Datal Review Spls Scope & Permitting Construction Drawings Project Specifications & Manual Local Agency Review Permitting Ensure Funding Source Compliance Solicit Construction Bids Bid Award and Contract Execution Einalize Permits and Construction. Reguirements Resolve Allowances Begin Construction Ongoing Construction Project Close- Out and/ Acceptance Final Project Documentation  APPROVED: September3,2024    August 20, 2024  5  2024  2025  2026 Dc  Aug Sep Oct Nov Dec Jan Feb Mar Apr Spring/ Summer  Sitel Investigations & Datal Review Enalize Scope &P Permitting Strategies Construction Drawings Project Specifications & Manual Local Agency Review Permitting Ensure Funding Source Compliance Solicit Construction Bids Bid/ Awarda and Contract Execution Einalize Permitsa and Construction. Reguirements Resolve Allowances Begin Construction Ongoing Construction Project Close- Out and/ Acceptance Final Project Documentation  Critical Success Factors  Collaboration Review agencies  Information from County and other firms Project awareness with potential contractors  Compliance with ARPA obligation deadline of December 31, 2024  Completion and closeout by December 31, 2026  (4D)  WithersRavenel  Commissioner Andreotta asked how many parking spots were depicted in the rendering provided. Mr. Bertoncino said there were approximately 322 parking spots in the drawing. Mr. Andreotta stated, "I am blown away and impressed that this was designed this way. The fourth soccer field  isf full-sized while allowing for that much parking. That is impressive."  APPROVED: September 3, 2024    August 20, 2024  6  John Mitchell said it was the direction and intention of staff to work with Withers Ravenel and community groups to ensure that user groups, the Tourism Development Authority, and the School Board have some input about the design and concept. He noted that there may be moves or Vice-Chair Edney asked if anything could be accomplished while Henderson County Public Schools owned the property. Christopher Todd said the preliminary design could continue. However, any site plan submittal to the City of Hendersonville must be listed under HCPS until the property has been conveyed. The county would need to continue to work on those things parallel to this design to meet both timelines. Vice-Chair Edney noted that the City would need to waive its first right of refusal before any of that could occur. Mr. Mitchell said he had preliminary discussions with the City Manager as well as the Superintendent ofthe Public Schools. He believed from a staff perspective that a decision from the Board of Commissioners was needed to set things in motion. Mr. Edney alluded that an interlocal agreement would also be needed. Vice-Chair Edney said the School Board and the County were on the same page regarding the School Board's desire to ensure that the softball/baseball field and tennis courts are constructed at some point. He said the ARPA funds available would not allow for the completion oft the softball field or tennis court but would get the property ready and in shape fort those sometime in the future. Commissioner Hill noted that the greenway easement cuts through the middle of the Berkeley Mills property. Russ Burrell said that issue would undoubtedly be discussed with the City regarding any waiver they have oftheir right to the easement. Mr. Todd referred to conversations with city officials about the easement. While understanding that easement was important, the City's primary desire was to have access into the park and potentially through the park ifa a Chairman McCall said this would be an opportunity for the County, the School Board, and the Commissioner Andreotta asked Mr. Burrell to explain the meaning ofan interlocal agreement. Mr. Burrell said it was effectively a contract between two local government agencies to do something Commissioner Andreotta expressed concern that the School Board meeting held the previous day did not include any motion or mention of the School Board conveying the Berkely Mills Park property to the county. In contrast to Mr. Edney, Mr. Andreotta did not believe the Board of Commissioner Andreotta stated, "I don't think we are saying all the same things. We and the School Board. They are telling the county that, full steam ahead, we want softball and tennis. We said last time that we are going to spend this money as far as it goes, but we have no clue how far itv will go. We are looking at the dream finished project here; the public needn't think that with $9M, we will build what they see. We are not - unless something miraculous happens. Al lotofit will disappear into grading and site work. Then the question becomes, what will happen to finish the project? Where does that cost come from? Are we going to see conditions from the school  adjustments moving forward.  greenway ever expanded out oft that system.  City to all work together.  that either could do by themselves but choose to do together.  Commissioners and the School Board were necessarily on the same page.  APPROVED: September 3,2024    August 20, 2024  7  system in the interlocal agreement that we have not been made aware ofyet? And would that be why the title has not been transferred or wasn't even mentioned in their meeting? They do not meet again for three weeks. So, Itl think the business model is borderline unwise, and we need to be careful. Idon't think one of us would proceed with $9M in our personal/private businesses with sO many unknowns and with the clock ticking. Surely, we are not going to spend $9M on property that is not ours. Or go beyond the point of no return. There are a lot ofunknowns, andI am disappointed that we are not looking at some details. We are not looking at a transferred or Further discussion followed about possible conditions that may or may not be included in an interlocal agreement, schedules, timelines, and the importance ofr moving forward quickly. School Board Chairman Jay Egolf, who was present, was asked if! he would be willing to speak for the intent of the School Board regarding the concerns discussed. Vice-Chair Edney asked if the School Board was looking for conditions beyond those of the county at some point in time building the softball and tennis courts. Mr. Egolf said no and referred to the previous letter the School Board sent to the Board of Commissioners. Egolf S stated, "We are conveying the property in the hopes ofhaving everything graded, and then ifthere were money left over, it would be great to: spend it on tennis courts and softball fields. But we would at least like the entire site graded for soccer fields, parking, softball, and six tennis courts. Beyond that, we would have to see where the money goes." Mr. Edney asked if the School Board had directed their counsel to prepare an agreement for the Board of Commissioners to review. Mr. Egolfsaid after the conclusion oftheir Board meeting the day before, a notice had been sent to the county that stated, during this afternoon's Board ofEducation meeting, our Board: members had the opportunity to view the latest plan; thank you for allowing them a quick preview asi it was not discussed. Publicly, they all liked the concept very much." Egolf said in answer to the question it read. "In addition, Ih have spoken to our attorney, Chris Campbell. We are prepared to sit down with you and Mr. Burrell to begin working on an interlocal agreement whenever you are ready to proceed with one." Commissioner Andreotta questioned why the School Board did not motion to convey the property at yesterday's meeting. Mr. Egolf again referred to the statements in the School Board's letter. Commissioners Andreotta and Hill noted that a letter was not an actionable motion. Mr. Andreotta asked, "When you folks contribute to the interlocal agreement, do you plan to make ai requirement that these facilities are all painted red? Because I know a Hendersonville High School home facility is very important to you folks. Is that coming, which would really make the $60M high school $74M by the time all this is done? Or,iseverybody ofan understanding that these facilities are going to be, TII use the term neutral, and every event, and every team when they are there can make them their own via their banners, signs, insignias, etc." Mr. Egolf said his answer now was the same as when Mr. Andreotta asked the same question about Upward. "This would be county property for the school system to use." "We are not conveying that it needs to be any certain Chairman McCall directed the county manager to organize a meeting for this week with the school superintendent, city manager, and the appropriate counsel for each group to work out the details discussed. Mr. Mitchell confirmed he would organize a meeting to discuss the details.  signed deed."  color."  APPROVED: September 3, 2024    August 20, 2024  8  Commissioner Andreotta asked for a "cut-off date"ifthe county does not have the conveyed title signed into al local agreement." Her noted that perhaps Withers Ravenel would need to be prepared Commissioner Lapsley made the motion that the Board approve the agreement for professional services with Withers Ravenel as presented. All votedinfavor, and the motion carried. Following the motion, there was al briefdiscussion about conserving trees during the project.  in case the project had to be moved to Jackson Park.  NOMINATIONS  1. Henderson County Education History Initiative -lv vac.  Chairman McCall made the motion to nominate Jay Merrill to the vacan! position on the Henderson County Education Initiative. All voted inj favor, and the motion carried.  Chairman McCall made the motion to adjourn the meeting at 10:20a.m. All voted. inj favor, and  the motion carried. ADJOURN  Attest:  D  Denisa A. Lauffer,Clerhgbt the Board  McCall, Chairman  RLILL  APPROVED: September 3, 2024