Members of FoTM interested in encroaching kudzu and other invasive plants along Town Mountain met on Thursday Aug 18th.   Although we, as a group, won’t be able to do anything on the main road this year, methods of eradication were discussed which could be utilized by land owners immediately.

If you or your neighbor has a kudzu problem, we’ve been informed that the next six weeks (mid August thru first of October) is the optimal time for chemical treatment.

Travis Smith (828-231-0022) is one contractor who treats kudzu with licensed chemicals and comes recommended for his previous work in the Town Mountain area.  Other professionals are available.  (Please let us know if you have any other contractors that you would recommend to others.)  In any case, if you are interested in immediate treatment of the problem, he is an option. 

 To treat kudzu yourself, you can pull and/or spray with a Roundup concentrate mixed 1.5 to 2 times the recommended strength. This proves most effective if the plant is attacked early.  Multiple treatments are usually required to fully eradicate the problem area.

Local nurseries and extension agencies can help with species identification if needed.

Extensive information may also be found on www.kokudzu.com.

As we compile more information concerning the kudzu situation, it will be posted to the website, www.friendsoftownmountain.com.   And please stay tuned for updates, information about the committee and information on how you can become involved!

 Kudzu Committee of Town Mountain

Please check back often!

To volunteer, please contact a Board member.

The first guest speaker was Kaye Myers, a tourism development officer with the North Carolina Department of Cultural Resources, talked about the Governor’s Western Residence and its history. She is overseeing the renovation which includes wiring, new furniture etc. Ms. Myers said that $64,000 worth of furniture was donated by NC manufacturers. The renovation will be finished by the end of the month.

Next up was a bit of FoTM administrative business. Ted talked about FoTM by-laws. An amended by-laws added 2 board members at large in addition the members from specific neighborhoods. A motion to approve the by-laws was passed unanimously. Nominations for new board members was next on the agenda. The following new board members were nominated and voted in unanimously.

Catherine Soderquist – TMRI

Jeff Roberts – Town Mountain Condos

John Haas – at large

Fred Friedman – at large.

The guest of honor was Attorney David Gantt, Buncombe Country Commissioner. Mr. Gantt’s presentation was both entertaining as well as informative. We learned about the disparate services provided by the county government.  The 2011-2012 county budget is $333.6 million which translates to 52.5 cents/$100 of tax revenues. County has fewer than 2,000 employees. The slides of Mr. Gantt’s presentation, with his permission, are shown below.

Ms. Joy Williams took some photos which she graciously agreed to be included in this post.

[Show as slideshow]

ARTICLE I NAME AND LOCATION

Section 1. Name of Corporation. The name of the Corporation is Friends of Town Mountain, Inc., hereinafter referred to as “Friends”.

Section 2. Principle Office. The principle office of Friends shall be located at the home of the current presiding President.

Section 3. Registered Office. The registered office of Friends required by law to be maintained in the State of North Carolina may be, but need not be, identical with the principal office.

Section 4. Other Offices. Friends may have offices at such other places within the State of North Carolina as the Board of Directors may designate.

ARTICLE II Purposes

The purpose and mission for which Friends is organized is to educate our members, the general public, and local officials about a variety of quality of life issues, including environmentally responsible development in areas along the seven mile length of Town Mountain Road (hereinafter referred to as “Town Mountain”) through the Asheville City corporate limits and Buncombe County, and in other Western North Carolina counties and municipalities, and to actively promote and advocate for sensible approaches to these issues. This mission shall be accomplished by:

(a) Educating Town Mountain residents on environmental, development, and other quality of life issues that mayimpact Town Mountain neighborhoods, and Western North Carolina generally, and

(b) Promoting environmentally responsible residential development and other quality of life issues along the slopes and ridge line of Town Mountain and in other Western North Carolina counties and municipalities, and

(c) Holding the governments of Buncombe County and the City of Asheville accountable for designing, implementing, and enforcing subdivision and zoning ordinances that promote environmentally responsible development, including those related to grading limits, storm water control, erosion and sedimentation control, and others, and

(d) Managing donations to fund the hiring of attorneys, civil engineers, geotechnical engineers and other specialists needed to effectively carry out II. a, b, and c, above, and

(e) Maintaining an internet web site to: inform members, Town Mountain residents, and the larger public of current environmental and other quality of life issues of interest to Friends; to post the history of Town Mountain and of Friends; to exchange information related to the environmental aspects of development projects; and to provide an opportunity for residents and members to connect on issues of interest, and

(f) Conducting member meetings on a regular basis to achieve the objectives of Friends, and

(g) Promoting periodic informal gatherings for the purposes of fellowship and the sharing of experiences gained while living on Town Mountain, and

(h) To do conduct all other business or activities necessary to accomplish purposes.

ARTICLE III MEMBERS

Section 1.Members. Members are full-time or part-time residents living on or adjacent to Town Mountain Road, and who voluntarily participate either through electronic or physical actions, donations of time or money, or who attend Friends or other related meetings to achieve any of the the stated purposes of Friends. Members are not bound by membership fees or any other formally established bond. Members are responsible for providing the Board Secretary with up to date contact information that will be used for meeting notifications and other periodic notices and updates.

Section 2.Voting Rights. Members of Friends are organized into nine member groups covering the Town Mountain area as described in Exhibit A attached hereto and incorporated herein. Each member group may elect one person to serve as a member of the Board of Directors (hereinafter referred to as “Board”) of Friends. Two additional at-large members may also serve on the Board upon: a) appointment by a two-thirds vote of the current Board, and b) subsequent approval by the general membership as described in Article V, Section 3.

ARTICLE IV Member Meetings

Section 1.Annual Meeting. An annual general membership meeting will be held to: a) conduct general membership voting, including the formal approval of Board members in accordance with Article V; b) provide members with business and financial updates; and c) fellowship. A member may request formal consideration of an action by the general membership, if the request is provided in writing to the Board Secretary at least 35 days prior to the meeting. The meeting shall be held on any day during the month of June of each calendar year or as near this date as possible. The place of the meeting shall be determined by the President, or the Vice President in the absence of the President, or the Secretary in the absence of the former, but shall not be outside of Buncombe County, North Carolina. As needed, each of the member groups may meet prior to the annual meeting to select the member group’s nominee to the Board.

Section 2.Special Meetings. With 10 days prior notice, special general membership meetings of Friends may be called by: a) the President; b) the Vice President in the absence of the President; c) the Board of Directors Executive Committee (as outlined in Article V. Section 8); or d) a majority of Directors. The place of the meeting shall be determined by the President or the Vice President, in the absence of the President, or the Secretary in the absence of the former, but shall not be outside of Buncombe County, North Carolina.

Section 3.Notice of Meetings. Notice of the annual meeting shall be made at least 30 days prior to the meeting and may be made by email or telephone alerting pyramid. The purpose, location, date, and time of the meeting will be contained in the notice. All members who are current as of May 1st of the current calendar year shall be entitled to receive notice of an annual meeting. A current membership list will be made available at each annual meeting.

Section 4.Quorum. A vote, either in person or by email or other written proxy, by ten percent (10%) of the current membership shall be considered to be a quorum at membership meetings.

Section 5.Order of Business. The order of business shall be determined by the President or the Vice President in the absence of the President, in consultation with the Board.

ARTICLE V Directors

Section 1.General Powers. The business and affairs of Friends shall be managed by the Board or by such Executive Committee as the Board may establish pursuant Article V. Section 8 of these By-Laws.

Section 2. Number, Term, and Qualification. There shall be at least three (3) and not more than fifteen (15) Board members (also referred to as Directors) serving at any time. These numbers may be modified by the Board, but no reduction in the number of Directors shall of itself have the effect of shortening the term of any incumbent Director. Each Director shall hold office for a period of three (3) years following election procedures described in Article V. Section 3, or until death, resignation, retirement, removal, disqualification, or until his or her successor is elected and qualified. Directors must be full-time residents and members of Friends. A Director may serve two consecutive terms, if so elected, and may renew his or her service period after a one year absence from the Board; exceptions to this rule may be made on a case by case basis with a three fifths majority vote of the current Board.

Section 3.Election of Directors. Each of the Friends’ nine member groups described in Exhibit A will nominate its Director representative. Once nominated, the approval of Directors by the general membership will take place at the annual meeting. At the discretion of the Board, two additional at-large Directors may be nominated to the Board by a two-thirds majority vote of the current Board. The at-large Directors must be full-time residents and members of Friends and must be approved by a Membership vote at the annual membership meeting. The at-large Directors may be from within or outside of the nine member groups. To prevent tie votes from the Board, only an odd number of Directors may serve at any time. The terms of all Directors begin and end at three year intervals from the date of the annual membership meeting at which they are formally approved. Following each annual membership meeting, Friends Secretary shall compile an updated list of Directors, their dates of service, and their contact information for distribution to all Directors and general membership.

Section 4.Removal. A Director may be removed from office with or without cause by a formal, two-thirds majority vote of the member group (neighborhood) that nominated the Director. If a Director is so removed, a replacement shall be nominated by the affected member group within 45 days in order to fill the remaining, unexpired term.

Section 5. Vacancies. If a vacancy occurs because of death, resignation, incapacity to act, or removal, the affected member group shall, by majority vote, nominate a replacement within 45 days.

Section 6.Executive Director. The President of the Corporation shall serve as Executive Director and Chairman of the Board of Directors. He or she shall preside at all meetings of the Board of Directors and perform other duties as may be directed by the Board.

Section 7. Compensation. It is not intended that Directors receive regular compensation. The Board of Directors, however, may compensate Directors for special services or expenses agreed upon by the Board and in accordance with this section. Additionally, expenses incurred by any Director in the conduct of Friends business shall be borne by Friends if: a) for expenses of $150 or less, these expenses are approved by at least two members of the Board, or, b) for expenses above $150, these expenses are approved by a majority of the Board in attendance at a regular or special meeting at which a quorum of Directors are present.

Section 8.Executive Committee. The Board may designate three or more Directors to comprise an Executive Committee, if approved by a majority of Directors then holding office. Subject to any limitations stated in the designation resolution or this Section, any Executive Committee shall have and may exercise all of the authority of the Board of Directors in the management of Friends in the interim periods between Board meetings. Any member of an Executive Committee may be removed from the Committee at any time with or without cause by a majority of the Directors then holding office. The Executive Committee shall keep regular minutes of its proceedings, and report the same to the full Board promptly upon request of any Board Director. If action taken by an Executive Committee is not formally approved by the Board, any Director may file a written objection with the Secretary of Friends, if filed with reasonable promptness, to cease that action. The objection may be over-ridden by a two thirds majority vote of the Directors then holding office.

The Executive Committee shall not (1) authorize any direct or indirect transfer of money or other property to or for the benefit of its members or in violation of law; (2) approve dissolution, merger, or the sale, pledge, or transfer of all or substantially all of Friends’ assets; (3) elect, appoint, remove, or fill vacancies on the Board or any of its committees; or (4) adopt, amend or repeal these By-Laws or the Articles of Incorporation.

ARTICLE VI Meetings of Directors

Section 1. Regular Meetings. Regular meetings of the Board shall be held at such times and places as determined by the Board each calendar year.

Section 2.Special Meetings. Special meetings of the Board may be called with at least 7 days prior notice by or at the request of the President or any two (2) Directors. Such notices shall specify the location, time, and purpose for which the meeting is called. Such a meeting may be held at such place as the Directors may determine.

Section 4.Notice of Meetings. Notice of regular meetings of the Board shall be given by the President or Executive Committee at least 14 calendar days in advance of the meeting by a personally delivered notice, mail, phone, or email. Attendance by a Director at a meeting shall constitute a waiver of necessary notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting was not called in accordance with these By-Laws.

Section 5.Quorum. A majority of elected Directors of Friends shall constitute a quorum for the transaction of official business at any Board meeting.

Section 6.Manner of Acting. Except as otherwise provided in these By-Laws or North Carolina General Statutes (NCGS), the act of the majority of Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors. However, a a three-fifths majority vote of Directors then holding office shall be required to adopt a resolution dissolving Friends.

Section 7.Action by Written Consent of Directors. Action taken by a majority of the Directors without a meeting is nevertheless Board action if written consent to the action is signed by all the Directors and filed with the Minutes of the proceedings of the Board, whether done before or after the action is so taken.

Section 8.Working Committees. Working Committees may be designated by a resolution adopted by a majority of the Directors present at a meeting in which a quorum is present. Such committees shall not have, exercise, or replace the authority of the Board of Directors in the management of Friends. Except as otherwise provided in such resolution, members of each such committees shall be members of Friends, and the President of Friends or his or her Board designee shall, in consultation with committee members, appoint the members thereof. Any committee member may be removed by the person or persons authorized to appoint such member if it is judged by the appointing member to be in the best interests of Friends.

Section 8.Use of Electronic Communications Media. For all corporate action required pursuant to these By-Laws and for purposes related to achieving a quorum, Directors may participate in meetings by the use of electronic communications media. The use of electronic communications media for meetings of Directors shall be limited to circumstances where Directors who are not physically present at meetings can participate in substantially the same manner and to the same extent as those who are physically present, including the ability to hear and speak with all other participating Directors. Use of electronic communications media shall not in any manner waive or modify the Directors’ right to notice of meetings as provided for in Article VI of these By-Laws.

ARTICLE VII Officers

Section 1.Officers of the Corporation. The officers of Friends shall consist of a President, a Vice-President, a Secretary, and a Treasurer. The Board of Directors may elect an Assistant Treasurer or Assistant Secretary as deemed necessary. No officer shall execute, acknowledge, or verify any instrument in more than one capacity if such instrument is required by law, by the Articles of Incorporation, or by the By-Laws to be executed, acknowledged or verified by two or more officers.

Section 2.Election and Term. The Directors shall elect officers after the annual meeting of members each year. Election of an officer requires a majority vote of the Directors, with any nominee for office abstaining from the vote. Each officer shall hold office until death, resignation, retirement, removal, disqualification, or until their successor is elected and qualified, unless otherwise specified by the Board of Directors. Subject to the provisions of the Articles of Incorporation and By-Laws, the Board shall fill any and all officer vacancies within 45 calendar days.

Section 3.Removal. Any officer or agent elected or appointed by the Board may be removed by the Board, with or without cause, by a majority vote of then existing Board members, subject to subsequent general membership approval. However, removal of the President shall require a two-thirds majority vote of then existing Board members, and is likewise subject to subsequent general membership approval which must be sought by the Vice President, by electronic or general membership meeting vote, within 45 days.

Section 4.President. The President shall be the chief executive officer of the Corporation and shall preside at all meetings of the members and of the Board of Directors. Subject to the direction and control of the Board of Directors and the Executive Committee if created, the President shall have general charge and authority over the business and affairs of Friends. The President or his designate, shall make such reports of the business of Friends for the preceding fiscal year to the Directors and general membership at each annual meeting. The President shall sign, with any other necessary officer, any deeds, mortgages, bonds, contracts, or other instruments which may be lawfully executed on behalf of Friends except where required or permitted by law to be otherwise signed and executed, and except where the signing and execution thereof shall be delegated by the Board of Directors to some other officer or agent. The President shall perform all duties as may be periodically prescribed by the Board of Directors.

Section 5.Vice-President. The Vice President shall perform the duties of the President in his or her absence or during his or her disability to act. The Vice-President shall have such other duties and powers as may be assigned to or vested in him by the Board of Directors, the Executive Committee, or the President. If neither the President nor the Vice-President is able to act, the Board of Directors may, with a majority vote, allow the Secretary to temporarily perform the duties of the President and (or) Vice-President until they are able to resume their duties.

Section 6.Secretary. The Secretary shall keep accurate records of the acts and proceedings of all meetings of the officers and Directors. The Secretary shall give all notices required by law and by these By-Laws. The Secretary shall have general charge of the corporate books and records of Friends and of the corporate seal as applicable. The Secretary shall affix the corporate seal, as applicable, to any lawfully executed instrument requiring it. The Secretary shall sign such instruments as may be necessary and, in general, shall perform all duties incident to the office of Secretary and such duties as may be assigned from time to time by the President, the Executive Committee, or the Board of Directors.

Section 7.Treasurer. The Treasurer shall have custody of all funds and securities belonging to Friends and shall receive, deposit, or disburse the same under the direction of the Board of Directors or the Executive Committee. The Treasurer shall keep full and accurate accounts of Friends finances using generally accepted accounting procedures, and shall complete a true statement of Friends assets and liabilities at the close of each fiscal year, and of the results of its operations, and of changes in surplus for each fiscal year, all in reasonable detail to be made and filed within 30 days after the end of the fiscal year.

Subject to a majority vote of approval by the Board, the Treasurer may use professional accountants to assist in maintaining Friends financial records. The Treasurer shall perform all duties incident to the office and such other duties as may be assigned from time to time by the President, the Board of Directors, or the Executive Committee.

ARTICLE VIII Contracts, Loans, Checks, and Investments

Section 1.Contracts. For contracts of $150 or less, a minimum of two Directors or Executive Committee members are needed to authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument on behalf of Friends. For contracts above $150, a majority of Board members in attendance at a regular or special meeting are needed to authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument on behalf of Friends, provided that the number of Board members at the meeting constitutes a quorum. Such authority in this provision may be general or confined to specific instances.

Section 2.Loans. No loans shall be contracted on behalf of Friends, and no evidence of indebtedness shall be issued in its name, unless authorized by the Board of Directors or Executive Committee at a regular or special meeting by majority vote, provided that the number of Board members at the meeting constitutes a quorum. Such authority may be general or confined to specific instances.

Section 3.Checks and Drafts. All checks, drafts, or other orders for the payment of money, issued in the name of Friends, shall be signed by such officer or officers, agent, or agents of Friends and in such manner as shall, from time to time, be determined by the Board of Directors, Executive Committee, or President.

Section 4.Deposits. All funds of Friends not otherwise employed shall be deposited from time to time to the credit of Friends in such depositories as the Board of Directors may select.

Section 5.Gifts or Donations. The Board of Directors recognizes that donations or other forms of monetary gifts are essential to the pursuit of the stated organizational objectives, and may accept such donations to that end.

ARTICLE IX General Provisions

Section 1.Seal. The corporate seal of Friends, as applicable, shall consist of two concentric circles between which is the Friends name and in the center of which is inscribed “SEAL”; and such seal, as impressed, as applicable, on the margin of these By-Laws, is adopted as the corporate seal of Friends.

Section 2.Fiscal Year. Unless otherwise ordered by the Board of Directors, the fiscal year of Friends shall be from May 31 through June 1 of each calendar year.

Section 3.Amendments. Amendments to the Articles of Incorporation and By-Laws, other than as permitted in NCGS Section 55A-10-02, must be approved by: (a) the affirmative vote of a two-thirds majority of the Directors then holding office at any regular or special meeting; and (b) if the amendment would affect the rights, privileges, preferences, restrictions or conditions of the members or a member group as to voting, dissolution, change in the member group designation, or authorize a new member group, the affirmative vote of two-thirds of the voting members at a general membership meeting, provided the number of members present represents a quorum.

Section 4.Waiver of Notice. Whenever any notice is required to be given under the provisions of NCGS Chapter 55A, or under the provisions of the Articles of Incorporation or the Bylaws of Friends, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated herein, shall be deemed equivalent to the giving of such notice.

Section 5.Indemnification. Any person who at any time serves or has served as a director, officer, or agent of Friends shall be indemnified by Friends to the extent permitted by NCGS Section 55A-8-50 through 55A-8-58 and their successor statutes, against (a) reasonable expenses, including but not limited to attorneys’ fees, actually incurred and arising out of any threatened, pending, or completed action, suit or preceding, whether civil, criminal, administrative, or investigative, in which he or she is made a party by reason of being or having been such officer, director, or agent and (b) reasonable payments made by him or her in satisfaction of any judgment, money decree, fine, penalty, or settlement for which he or she may become liable in any such action, suit, or proceeding.

Section 6. Banking Resolutions. RBC Centura Bank is designated as depository of Friends. The Treasurer of Friends will provide oversight and for dual signature authority with Friends’ accountant, if applicable, for proper control of donated funds. The Secretary, Treasurer, and (or) President of Friends is authorized to certify to the depository of Friends the adoption of banking resolutions in the usual manner of commercial customers of the bank.

Section 7. Conflict of Interest Policy. All related party transactions involving officers, directors, or staff of Friends shall be subject to the following, all of which must hold: a) if material, the transaction is fully disclosed in the financial statements of the organization, b) the related party is excluded from the discussion and approval of such transaction, c) a competitive bid or comparable valuation exists for transactions over $150, and d) the Board has acted upon and demonstrated that the transaction is in the best interests of Friends.

Section 8. Executive Compensation. All compensation shall be reasonable and shall be established with reference to compensation paid for comparable services to persons engaged by similar organizations to perform duties similar to those of the executive, which are U.S. non-profit organizations. All compensation shall be reasonable in light of time devoted by the executive to their duties. Reasonable out of pocket overnight travel and entertainment expenses shall be reimbursed if directly related to the duties of the executive, and if reasonable documentation obtained contemporaneously with the transaction is supplied. Compensation or employment of related parties requires prior approval by the Board by a majority of disinterested Directors.

Section 9. Dissolution. The Board of Directors, in consultation with the general membership, shall have the power to dissolve Friends by a three-fifths vote of then serving members of the Board of Directors, and upon such dissolution, after paying the expenses of dissolution and any existing creditors of Friends, the Board shall distribute any remaining net assets to a non- profit organization which serves purposes similar to Friends.

EXHIBIT A

The Member Groups for purpose of electing Directors shall be as follows:

Peach Knob Meadows – a subdivision

Mountain Meadows I – a subdivision

Mountain Meadows II – a subdivision

Town Mountain Estates – a subdivision

Sunset Summit – a subdivision plus members on the outskirts but not within the subdivision (See attached member group roster)

The Condos – a condominium complex

Vance Gap: – a group of members within no set boundary (See attached member group roster)

Town Mountain Road I: – a group of members within no set boundary (See attached member group roster)

Town Mountain Road II: – a group of members within no set boundary (See attached member group roster)

At the discretion of the Board, two additional at large members of Friends may be elected to the Board of Directors as provided in these By Laws.

APPENDIX Friends of Town Mountain, Inc

Current Board of Directors, updated as of June 2011 Annual

Membership meeting

Ted Campbell, President
Al Gumpert, Vice President
Glenn Russell, Tresurer
Bakki Kudva, Secretary
Fred Friedman
John Haas
Bill Kantonen
Jeff Roberts
Frances Sechler
Katherine Soderquist
Joy Williams

1. Peach Knob Meadows – a subdivision
2. Mountain Meadows I – a subdivision
3. Mountain Meadows II – a subdivision
4. Town Mountain Estates – a subdivision
5. Sunset Summit – a subdivision plus members on the outskirtsbut not within the subdivision
6. The Condos – a condominium complex
7. Vance Gap: – a group of members within no set boundary
8. Town Mountain Road I: – a group of members within no setboundary
9. Town Mountain Road II: – a group of members within no setboundary

Friends of Town Mountain Board of Directors – updated as of 2011 Annual Membership meeting.

Originally submitted by Al Gumpert on Thu, 09/04/2008 – 10:58

Originally submitted by Al Gumpert on Tue, 11/18/2008 – 15:00

Originally submitted by robriver on Wed, 07/29/2009 – 22:34  

I have received information of a mother and cub sighting in the Rockhold #2 area on Monday; this pair also was seen lower down the mountain late last week.  Dr. Tom Weil also has reported seeing a juvenile bear on his property in recent weeks.  Since installing the electric fence, we haven’t had any sightings in our yard, thank goodness!

 

Originally submitted by robriver on Wed, 04/22/2009 – 21:40