_Bocc ExcerpLO3-17-2014 CLOSED SESSION Commissioner Upton made a motion to enter into Closed Session for Attorney/Client Privilege G.S. Economic Development and Approve/Release Closed Session Minutes Vice Chairman Kirkpatrick seconded, the motion carried unanimously. Chairman Swanger noted that there will be some action for releasing approved Closed Session minutes following this Closed Session. The Board returned from closed session. Chairman Swanger noted that the followed Closed Session Minutes were recommended for release: August 19, 2013 - Economic Development October 7, 2013 Personnel - investigation January 6, 2014 Personnel Vice Chairman Kirkpatrick motioned to approve the release of the Closed Session Minutes as presented. Commissioner Upton seconded, the motion carried unanimously. Chairman Swanger noted that the following Closed Session Minutes were approved but not yet released by consensus. August 19, 2013 Economic Development Evergreen Natural Gas August 19, 2013 Haywood Regional Medical Center September 16, 2013 - Economic Development Evergreen Natural Gas September 16, 2013 HRMC October 7, 2013 - HRMC January 6, 2014 - HRMC Foundation January 21, 2014 Ground Ordinance revised version January 21, 2014 - HRMC Definitive Agreement February 3, 2014 - Economic Development Evergreen Natural Gas February 3, 2014 - Grounds Ordinance revision 2 version February 3, 2014 HRMC Foundation Commissioner Upton motioned to approve but not yet release the Closed Session Minutes as presented. Commissioner Sorrells seconded; the motion carried unanimously. HAYWOOD COUNTY BOARD OF COMMISSIONERS CLOSED SESSION MINUTES AUGUST 19, 2013 MEMBERS PRESENT: Chairman Mark S. Swanger,Vice?Chairman J.W. "Kirk" Kirkpatrick, Commissioners L. Kevin Ensley and Michael T. Sorrells. Bill L. Upton MEMBERS ABSENT: STAFF PRESENT: County ManagerIClerk to the Board Marty Stamey, Finance Director Julie Davis, County Attorney Leon M. "Chip" Killian, Ill and Executive Assistant/Deputy Clerk Amie Owens OTHERS PRESENT: Mark Clasby, Executive Director, Economic Development Commission GENERAL STATUTE: Economic Development SUBJECT: ConMet Expansion DISCUSSION: Mr. Clasby explained that a draft of the Memorandum of Understanding with ConMet would be provided to members during an upcoming session. Mr. Killian will review and provide any necessary input in advance of its presentation. OPEN SES ION: Commissioner Sorrells made a motion to return to open session. Commissioner Upton seconded and the motion carried unanimously. CLERK A RMAN RELEASED 2i" I Date I Chair?an 7/ Clerk HAYWOOD COUNW BOARD OF COMMISSIONERS CLOSED SESSION MINUTES OCTOBER 2013 MEMBERS PRESENT: Chairman Mark S. Swanger, Vice-Chairman J.W. "Kirk" Kirkpatrick, Ill, Commissioners Bill L. Upton, L. Kevin Ensley and Michael T. Sorrells. MEMBERS ABSENT: None STAFF PRESENT: County ManagerlClerk to the Board Marty Stamey, Finance Director Julie Davis. Executive Assistant/Deputy Clerk Amie Owens OTHERS PRESENT: Ira Dove, Attorney GENERAL STATQTE: Personnel SUBJECT: investigation Related to Veterans Services Hiring Allegations DISCUSSIQN: Mr. Dove provided an overview of the process he followed related to the investigation. He interviewed the panelists and all involved. Following this investigation a legal opinion was sought from Amy Jenkins, Employment Law Attorney. The findings were as follows: 1. There was an inappropriate question asked during an interview; however. it did not hiring decision. As the decision was not impacted this was not illegal. 2. Changes to the job description were made prior to the posting of the position and no candidates were excluded from interview based on the revised description. Therefore, there was no discrimination. impact the Chairman Swanger rquested a media release relied to this issue utilizing the comments from Ms. Jenkins and Mr. Dove. Members were instructed that no further response to this issue would be required. OPEN SESSION: Commissioner Upton made a motion to return to open session. Commissioner Ensley seconded and the motion carried unanimously. Guam? 7 ICHI AIRMAN RELEASED Date A0. Clerk - HAYWOOD COUNTY BOARD OF COMMISSIONERS CLOSED SESSION MINUTES JANUARY 6, 2014 MEMBERS PRESENT: Chairman Mark S. Swanger, Vice-Chairman J.W. "Kirk" Kirkpatrick. Ill, Commissioners Bill L. Upton, L. Kevin Ensley and Michael T. Sorrells MEMBERS ABSENT: None STAFF PRESENT: Interim County Manager/Clerk to the Board lra Dove OTHERS PRESENT: GENERAL STATUTE: Personnel ?143-318. 1 SUBJECT: Interim County Manager Compensation Discussion Discussion was held related to compensation for the Interim County Manager. The following was approved related to compensation: 1. Annual Salary - $125,236 2. Payment of Dependent Life Insurance 3. Travel $600.00 - covers non-overnight travel 4. County pays for certifications and training for Mediator, Law License, CLE Classes and fees 5. Hold both titles of Interim County Manager and 088 Director for no more than six (6) months OPEN SESSION: Commissioner Upton made a motion to return to open session. Commissioner Ensley seconded and the motion carried unanimously. AIRMAN a? RELEASED {Ms/207% Date Clerk BOCC Exceer 10-06-2014 CLOSED SESSION Commissioner Sorrells made a motion to enter into Closed Session for: Approve/Release Closed Session Minutes G.S. Personnel - G.S. Economic Development - G.S. Commissioner Upton seconded, the motion carried unanimously. The Board returned from Closed Session. Chairman Swanger noted that the following approved Closed Session minutes were recommended for release: August 5, 2013 Haywood Regional Medical Center August 19, 2013 Haywood Regional Medical Center September 16, 2013 Haywood Regional Medical Center October 7, 2013 Haywood Regional Medical Center Commissioner Ensley motioned to approve the release of the Closed Session Minutes as presented. Vice-Chairman Kirkpatrick seconded, the motion carried unanimously. Chairman Swanger noted that the following Closed Session Minutes were approved and recommended for release: March 17, 2014 Closed Session Minutes April 7, 2014 Worker's Compensation June 16, 2014 Haywood Regional Medical Center Commissioner Upton motioned to approve and release the Closed Session Minutes as presented. Commissioner Ensley seconded, the motion carried unanimously. Chairman Swanger noted that the following Closed Session Minutes were approved but not yet released by consensus. February 17, 2014 Chamber of Commerce February 17, 2014 Haywood Regional Medical Center County funds after sale February 17, 2014 Compensation for Realtor March 3, 2014 Haywood Regional Medical Center County funds after sale March 17, 2014 - Evergreen natural gas March 17, 2014 Worker's Compensation March 17, 2014 Haywood Regional Medical Center? County funds after sale March 17, 2014 tax foreclosure sale April 7, 2014 Haywood Regional Medical Center County funds after sale May 5, 2014 - Government Channel Advertisement May 5, 2014 County Manager discussion May 19, 2014 Haywood Regional Medical Center June 2, 2014 Haywood Regional Medical Center August 18, 2014 - personnel August 18, 2014 - Consolidated Waste Services Vice-Chairman Kirkpatrick motioned to approve but not yet release the Closed Session Minutes as presented. Commissioner Upton seconded, the motion carried unanimously. 231a HAYWOOD COUNTY BOARD OF COMMISSIONERS CLOSED SESSION MINUTES AUGUST 5, 2013 MEMBERS PRESENT: Chairman Mark S. Swanger, Vice-Chairman J.W. "Kirk" Kirkpatrick, Commissioners Bill L. Upton, L. Kevin Ensley and Michael T. Sorrells. MEMBERS ABSENT: None STAFF PRESENT: County Manager/Clerk to the Board Marty Stamey, Finance Director Julie Davis, County Attorney Leon M. "Chip" Killian, Ill and Executive Assistant/Deputy Clerk Amie Owens OTHERS PRESENT: None GENERAL STATUTE: Attorney/Client Privilege SUBJECT: Haywood Regional Medical Center DISCUSSION: Vice Chairman Kirkpatrick explained that there would be a Public Hearing on Au ust 22 at HRMC related to the sale, lease or conveyance of the hospital. This action would have be approved by the County. Discussion was held related to utilizing bonds to pay debt. As Vice Chairman Kirkpatrick is on the HRMC Board, he cannot disclose certain information. Chairman Swanger suggested having some type of con?dentiality agreement for the Board members and requisite staff so that all pertinent informaiton could be considered. County Attorney Killian will review any document that is presented for signature by HRMC related to con?dentiality and advise accordingly. OPEN SESSION: Commissioner Sorrells made a motion to return to open session. Commissioner Upton seconded and the motion carried unanimously. mm AM RELEASED ae ?ll A Cha'irma'n Clerk 231b HAYWOOD COUNTY BOARD OF COMMISSIONERS CLOSED SESSION MINUTES AUGUST 19, 2013 MEMBERS PRESENT: Chairman Mark S. Swanger, Vice-Chairmen J.W. "Kirk" Kirkpatrick, Commissioners L. Kevin Ensley, Michael T. Sorrells and Bill L. Upton MEMBERS ABSENT: None STAFF PRESENT: County Manager/Clerk to the Board Marty Stamey, Finance Director Julie Davis, County Attorney Leon M. "Chip" Killian, Ill and Executive Assistant/Deputy Clerk Amie Owens OTHERS PRESENT: Janie Sinaoore-Jaberg, President and CEO, MedWest Haywood; Mark Clasby, Board Chair; David Waylin, Stroudwater Associates GENERAL STATUTE: A?ornelelientPrivilee SUBJECT: Haywood Regional Medical Center DISCUSSION: A letter was presented from Stroudwater Assoclates that granted permission for the Commissioners and related staff to discuss information about the af?liation process currently underway at MedWest. Information was presented by David Waylin related to the process of obtaining bids from potential partners. as well as highlighting certain requirements (or pillars) from all the bidders. Three (3) bidders responded and formal presentations will be made to the MedWest Board. Site visits both at MedWest and the bidder locations will be completed by early September. Follow up information will be presented during closed session on September 1t-3?h . Mr. Killian advised everyone present that this information should be kept confidential due to the sensitive nature of this process. OPEN SESSION: Commissioner Sorrells made a motion to return to open session. Commissioner Upton seconded and the motion carried unanimously. MM as. CLERK RELEASED 231C HAYWOOD COUNTY BOARD OF COMMISSIONERS CLOSED SESSION MINUTES SEPTEMBER 16, 2013 MEMBERS PRESENT: Chairman Mark S. Swanger, Vice-Chairman J.W. "Kirk" Kirkpatrick, Commissioners L. Kevin Ensley, Michael T. Sorrells and Bill L. Upton MEMBERS ABSENT: None STAFF PRESENT: County Manager/Clerk to the Board Marty Stamey, Finance Director Julie Davis, County Attorney Leon M. "Chip" Killian, Ill and Executive Assistant/Deputy Clerk Amie Owens OTHERS PRESENT: Janie Sinaoore?Jaberg. President and CEO. MedWest Haywood; Mark Clasby, Board Chair GENERAL STATUTE: Attorney/Client Privilege SUBJECT: Haywood Regional Medical Center DISCUSSION: Mr. Clasby and Ms. Sincacore-Jaberg updated members on the activities since the last discussion. Site visits to Danville, VA and Gallatin, TN for Duke Life Point were conducted. Additional site visits to WestCare were completed. Mr. Clasby noted that best and ?nal proposals were due this week and that the Executive Committee would meet Thursday morning to review. Additional meetings of the MedWest Board would be on September 24; HRMC Board on September 26 and WestCare Board on October 1. All boards will be provided with the final proposals. Mr. Clasby and Ms. Sinacore?Jaberg noted that the next steps would be to have a formal vote related to a possible partner - this may occur in October. Ms. Sinacore-Jaberg shared that the physician base appears to be on?board with the gain of a ?nancial partner. County Attorney Killian was involved in discussion about possible options for the county, and in particular regarding the possible distribution of sale proceeds. Mr. Killian again advised that this information is confidential and should not be shared. OPEN SESSION: Commissioner Sorrells made a motion to return to open session. Commissioner Upton seconded and the motion carried unanimously. RELEASED Date a Chaim ,0 Clerk 231d HAYWOOD COUNTY BOARD OF COMMISSIONERS CLOSED SESSION MINUTES OCTOBER 7, 2013 MEMBERS PRESENT: Chairman Mark S. Swanger, Vice-Chairman J.W. "Kirk" Kirkpatrick, Commissioners L. Kevin Ensley, Michael T. Sorrells and Bill L. Upton MEMBERS ABSENT: None STAFF PRESENT: County Manager/Clerk to the Board Marty stamev. Finance Director Julie Davis. County Attorney Leon M. "Chip" Killian, Ill and Executive Assistant/Deputy Clerk Amie Owens OTHERS PRESENT: Mark Clasby, MedWest Board Chair. Frank Powers, HRMC Board Chair and Jeff Summer, Stroudwater Associates GENERAL STATUTE: Attorney/Client Privilege SUBJECT: Haywood Regional Medical Center DISCUSSION: Mr. Summer prepared and distributed a spreadsheet illustrating estimated net proceeds for HRMC and provided description and explanation for all line items. Chairman Swanger questioned the responsibilities of the county following a sale of the hospital. Mr. Summer explained that Ms. Davis would have access to a monitoring mechanism similar to an escrow account. Provisions would be included in any agreement to allow for County access to ?nancial information. Mr. Summer explained potential post-closing costs and accounting mechanisms. Chairman Swanger questioned performance requirements and who has enforcement rights. County Attorney Killian will research the options presented related to proceeds from a sale and the county's role in enforcement and use of proceeds. Mr. Clasby explained the next steps including presentation to all involved boards (WestCare, HRMC and MedWest). If purchase is approved, then a memorandum of understanding will be executed and due diligence performed. Approval will be required by the Attorney General; will be at least early 2014 before any resolution is possible. County Attorney Killian will continue research related to county interests. Mr. Killian again advised that this information is con?dential and should not be shared. OPEN SESSION: Commissioner Upton made a motion to return to open session. Commissioner Ensley seconded and the motion carried unanimously. CLERK RELEASED Chair'rnan Clerk 231e HAYWOOD COUNTY BOARD OF COMMISSIONERS CLOSED SESSION MINUTES MARCH 17, 2014 MEMBERS PRESENT: Chairman Mark S. Swanger, Vice-Chairman J.W. "Kirk" Kirkpatrick Commissioners Bill L. Upton. L. Kevin Ensley and Michael T. Sorrells MEMBERS ABSENT: None STAFF PRESENT: interim County Manager/Clerk to the Board Ira Dove, Finance Director Julie Davis, County Attorney Leon M. "Chip" Killian Exe?cutive Assistant/Deputy Clerk Candace Way OTHERS PRESENT: GENERAL STATUTE: Closed Session Minutes SUBJECT: Closed Session Minutes DISCUSSION: Chairman Swanger reviewed the list of closed session minutes to be approved and released, and the list of minutes to be approved and not released. The Board concurred. Board that the County has received some inquiries concerning prior Attorney Killian advised the a statement that will be read into the minutes following this closed closed sessions. He then rea session. OPEN SESSION: Vice Chairman Kirkpatrick made a motion to return to open session. Commissioner Upton seconded and the motion carried unanimously. MM CHAIRMAN ERK RELEASED 9M Date Ch 'i Clerk {2?4 2311? HAYWOOD COUNTY BOARD OF COMMISSIONERS CLOSED SESSION MINUTES APRIL 7, 2014 MEMBERS PRESENT: Chairman Mark S. Swanger, Vice-Chairman J.W. "Kirk" Kirkpatrick, Commissioners Bill L. Upton, L. Kevin Ensley and Michael T. Sorrells. MEMBERS ABSENT: None STAFF PRESENT: Interim County Manager/Clerk to the Board lra Dove, Finance Director Julie Davis, County Attorney Leon M. "Chip" Killian, Ill and Executive Assistant/Deputy Clerk Candace Way OTHERS PRESENT: None GENERAL STATUTE: Attorney/Client Privilege SUBJECT: Worker's Compensation case - Shiffler DISCUSSION: Mr. Dove stated that Andrew Kaplan, worker?s compensation attorney, was on standby by phone to explain the worker's compensation case of Betty Shif?e?r. Mr. Kaplan was called and after discussion of the case, he recommended the following settlement based on the facts of the case, on total exposure and risk of long term payment: $50,000 settlement, $1275.00 in mediation fees, $2400.00 in medical fees set aside for Medicare, and $402.75 per week until the settlement is made with the Industrial Commission. It was agreed unanimously to accept this settlement. OPEN SESSION: Commissioner Upton made a motion to return to open session. Commissioner Sorrells seconded and the motion carried unanimously. i? CLERK RELEASED Chaiiman ?g 1-: Clerk 231g HAYWOOD COUNTY BOARD OF COMMISSIONERS CLOSED SESSION MINUTES JUNE 16, 2014 MEMBERS PRESENT: Chairman Mark S. Swanger, Vice-Chairman J.W. "Kirk" Kirkpatrick, Commissioners L. Kevin Ensley, Michael T. Sorrells and Bill L. Upton MEMBERS ABSENT: None STAFF PRESENT: County Manager/Clerk to the Board lra Dove, Finance Director Julie Davis, County Attorney Leon M. "Chip" Killian. ill. Executive Assistant/Deputy Clerk Candace Way OTHERS PRESENT: None GENERAL STATUTE: Attorney/Client Privilege SUBJECT: Haywood Regional Medical Center DISCUSSION: Mr. Killian updated the Board with the most recent status of the hospital. He said that he had been corresponding with Tom Stukes, and that we are back to BOCC approval of the APA on July 21, HRMC approval on July 24, and a July 31 closing date. He read an email that he had sent to Mr. Stukes explaining the County procedure on posting Board approved documents, further noting that Mr. Stukes had expressed a concern with the APA being posted on line. A discussion was held about. this concern, and it was decided to post online for ten days and then take it down. A hard copy of the APA will be available in the Manager's office. OPEN SESSION: Commissioner Sorrells made a motion to return to open session and Commissioner Upton seconded. The motion carried unanimously. MM KW. r7 RELEASED Clerk Chairr??an BOCC EXCERPT O1-2o-go15 CLOSED SESSION Vice-Chairman Kirkpatrick made a motion to enter into Closed Session for: Closed Session Minutes G.S. and Attorney/Client Privilege G.S. Commissioner Ensley seconded and the motion carried unanimously. The Board returned from Closed Session. Chairman Swanger noted that the followed Closed Session Minutes were recommended for approval and release by consensus: October 6, 2014 - Personnel October 6, 2014 Closed Session Minutes October 6, 2014 Economic Development November 17, 2014 - Personnel November 17, 2014 - Personnel redacted December 15, 2014 Acquisition of Real Property ?143?31 8.1 December 15, 2014 - Attorney/Client Privilege G.S. Vice Chairman Kirkpatrick motioned to approve and release the Closed Session Minutes as presented. Commissioner Upton seconded, the motion carried unanimously. Chairman Swanger noted that the following Closed Session Minutes were approved but not yet released by consensus. June 18, 2012 - Attorney/Client Privilege G.S. September 2, 2014 - Attorney/Client Privilege G.S. October 6, 2014 - Personnel November 17, 2014 - Attorney/Client Privilege G.S. November 17, 2014 - Acquisition of Real Property November 17, 2014 - Personnel Commissioner Ensley motioned to approve but not yet release the Closed Session Minutes as presented. Vice-Chairman Kirkpatrick seconded; the motion carried unanimously. 289a HAYWOOD COUNTY BOARD OF COMMISSIONERS CLOSED SESSION MINUTES . MARCH 18, 2013 APPROVED SEPTEMBER 3, 2013 AMENDED OCTOBER 6, 2014 MEMBERS PRESENT: Chairman Mark S. Swanger, Vice-Chairman J.W. "Kirk" Kirkpatrick, Commissioners Bill L. Upton, L. Kevin Ensley and Michael T. Sorrelis. MEMBERS ABSENT: None STAFF PRESENT: County Manager/Clerk to the Board lra Dove, Finance Director Julie Davis. Executive Assistant/Deputy Clerk Candace Way OTHERS PRESENT: None GENERAL STATUTE: Personnel SUBJECT: Economic Development Commission DISCUSSION: During review for release of closed session minutes, the approved minutes were amended as follows: Commissioners discussed the potential of terminating the Economic Development Commission and allowing the Chamber of Commerce to assume certain responsibilities and to assume transfer of certain employees. An exploratory meeting is scheduled for March 19 with the Chamber to assess. Chairman Swanger will report regarding findings at the next meeting and in the interim he will discuss with the employees who would be affected by this potential change. OPEN SESSION: Commissioner Ensley made a motion to return to open session. Commissioner Sorreiis seconded and the motion carried unanimously. Mam, QM MM. XVA CLERK RELEASED hair Date/M Chairman 289b HAYWOOD COUNTY BOARD OF COMMISSIONERS CLOSED SESSION MINUTES OCTOBER 6, 2014 MEMBERS PRESENT: Chairman Mark S. Swanger, Vice-Chairman J.W. "Kirk" Kirkpatrick Commissioners Bill L. Upton, L. Kevin Ensley and Michael T. Sorrells MEMBERS ABSENT: None STAFF PRESENT: County Manager/Clerk to the Board Ira Dove, Finance Director Julie Davis, County Attorney Leon M. "Chip" Killian Executive Assistant/Deputy Clerk Candace Way OTHERS PRESENT: GENERAL STATUTE: Closed Session Minutes SUBJECT: Closed Session Minutes W: Chairman Swanger reviewed the list of closed session minutes to be released, the list of minutes to be approved and released and the list of minutes to be approved but notreleased. Attorney Killian advised the Board that one set of minutes from March 18, 2013 needed to be amended and read the suggested revision. The Board agreed. After discussion, all commissioners agreed that the closed session minutes would be reviewed quarterly or after ten closed session minutes had accumulated. W: Vice Chairman Kirkpatrick made a motion to return to open session. Commissioner Upton seconded and the motion carried unanimously. ago Qw CLERK CHAIRMAN RELEASED I Date Chairman pm Clerk 289C HAYWOOD coum'vgm OF COMMISSIONERS CLOSED SESSION MINUTES OCTOBER 6, 2014 MEMBERS PRESENT: Chairman Mark S. Swanger, Vice?Chairman J.W. "Kirk" Kirkpatrick, Commissioners L. Kevin Ensley and Michael T. Sorrells, Bill L. Upton MEMBERS ABSENT: none STAFF PRESENT: County Manager/Clerk to the Board Ira Dove, Finance Director Julie Davis, County Attorney Leon M. "Chip" Killian, Ill and Executive AssistantlDeputy Clerk Candace Way; Tax Administrator David Francis OTHERS PRESENT: Mark Clasby GENERAL STATUTE: Economic Development SUBJECT: JMAC DISCUSSION: Chairman Swanger explained that the reason for this session is to ?rst discuss the economic incentives to the Evergreen Packaging project and to make sure that the County?s existing economic development incentive policy is consistent with JMAC requirements. Mr. Dove distributed and explained policies from 2001, 2004 and a tax spreadsheet for Evergreen Packaging from Mr. Francis. Chairman Swanger noted that the policy from 2004 doesn?t have anything that addresses job creation, where the 2001 policy leans more toward job creation guidelines. The Evergreen JMAC is about job retention. Mr. Clasby noted that economic development has changed and the competition in other counties has been more aggressive. He stated that he will look at the numbers as outlined in the 2001 and 2004 policies and send updates to Mr. Killian. A discussion was held about the current policies and it was agreed among the commissioners that one global policy is desirable. The Board discussd the JMAC and Evergreen. Mr. Killian stated that he will review the policies and see if they can be consolidated into one guiding principle. Once he has a revised policy, he will forward it to Chairman Swanger, Mr. Dove and Mr. Clasby to review. The Board will approve a letter to Evergreen Packaging outlining proposed tax credits schedule per the JMAC requirements in an Open session. OPEN SESSION: - Vice Chairman Kirkpatrick made a motion to return to open session. Commissioner Sorrells seconded and t_ motion carried unanimously. CLERK CHAIRMAN Date Chairmawm . - Clerk RELEASED 289d HAYWOOD COUNTY BOARD OF COMMISSIONERS CLOSED SESSION MINUTES NOVEMBER 17, 2014 MEMBERS PRESENT: Chairman Mark S. Swanger, Vice-Chairman J.W. "Kirk" Kirkpatrick, ill. Commissioners Bill L. Upton. L. Kevin Ensiey and Michael T. Sorrells MEMBERS ABSENT: None STAFF PRESENT: County Manager/Clerk to the Board lra Dove; Finance Director, Julie Davis; County Attorney Chip Killian; Executive Assistant/Deputy Clerk Candace Way OTHERS PRESENT: David Francis, Tax Administrator GENERAL STATUTE: Personnel SUBJECT: interim Tax Administrator position DISCUSSION: County Attorney Chip Killian reviewed the statutes pertaining to Tax Collector duties. A discussion was held related to the retention of David Francis as interim Tax Administrator during the transition period until March 1, 2015. He would be able to help train Tax Collector Elect, Mike Matthews. He could also be the coordinator of the Francis Farm Landfill project. It was agreed that his job duties would include GIS, mapping, Tax Accessor, Revaluation, Francis Farm remediation project, assist County Manager prepare the appropriate personnel manual and pay grade changes at his current salary. Mr. Francis was brought into the Closed Session. He explained that his job had shifted in the last few years more towards the administration side. He noted that he has spent more time on administrative duties rather than tax collections. He stated that he has had to work extensively with revaluations. Of signi?cant importance is the amount of time that he has spent in Solid Waste with the Francis Farm remediation. He agreed to continue on until March 1st at his current salary with the above job duties. OPEN SESSION: Commissioner Sorrells made a motion to return to open session. Commissioner Ensiey seconded and the motion carried unanimously. jive: (QM 1W JVJWA 0? CLERKW RELEASED Clerk 289e HAYWOOD COUNTY BOARD OF COMMISSIONERS CLOSED SESSION MINUTES NOVEMBER 17', 2014 REDACTED MEMBERS PRESENT: Chairman Mark S. Swanger, Vice-Chairman J.W. "Kirk" Kirkpatrick, Commissioners Bill L. Upton, L. Kevin Ensley and Michael T. Sorrells MEMBERS ABSENT: None STAFF PRESENT: County Manager/Clerk to the Board Ira Dove; Finance Director Julie Davis; County Attorney Chip Killian; Executive Assistant/Deputy Clerk Candace Way OTHERS PRESENT: Kathi McClure, Human Resource Director; Mike Matthews, Tax Collector Elect GENERAL STATUTE: Personnel SUBJECT: Tax Collector Salary and duties DISCUSSION: A discussion was held related to the 1% ?ling fee which re?ects a salary of $51,000. Chairman Swanger noted that Mr. Matthews had filed with Elections based on $51,000. After discussion, it was agreed to set his salary at $55,831, which is the salary that the Tax Collector was receiving prior to acquiring further duties of Solid Waste, revaluations, more administration duties in the assessors office, and mapping. Redacted for con?dential personnel information. Ms. Davis' bond is set at $410,000. Chairman Swanger commented that other counties have been researched and Henderson County has a $1,000,000 bond for their Tax Collector and Jackson County has a $250,000 bond. After discussion, it was agreed to set Mr. Matthew?s bond the same as Finance Director, Julie Davis at $410,000. Mr. Matthews was brought into the meeting. Chairman Swanger advised Mr. Matthews that the Board has two topics to discuss with him: His salary is set at $55,831, which was the salary of the Tax Collector prior to assuming additional du?es. His bond is set at $410,000, the same as the Finance Director, Julie Davis. Mr. Matthews commented that his must be the highest in the state, and Chairman Swanger stated that Henderson County has a $1,000,000 bond for their Tax Collector. Mr. Killian noted that the County pays the premium. Chairman Swanger explained that his duties will be limited to that the stautory duties of Tax Collector and Mr. Matthews stated that he understood that. The Commissioners all expressed the desire to work along with Mr. Matthews to ensure a successful transition as Tax Collector. Mr. Matthews agreed, noting that he was open minded and eager to learn the job. OPEN SESSION: Commissioner Sorreiis made a motion to return to open session. Commissioner Ensley seconded and the motion carried unanimously. a RELEASED Dr ,L/u/m a Cierk 2891' HAYWOOD COUNTY BOARD OF COMMISSIONERS CLOSED SESSION MINUTES December 15, 2014 MEMBERS PRESENT: Chairman Mark S. Swanger, Vice-Chairman J.W. "Kirk" Kirkpatrick, Commissroners Bill L. Upton. L. Kevin Ensley and CommissionerMichael T. Sorrells. MEMBERS ABSENT: STAFF PRESENT: County ManagerICIerk to the Board Ira Dove, County Attorney Leon M. "Chip" Killian, Finance Director Julie Davis and Executive Assistant/Deputy Clerk Candace Way OTHERS PRESENT: David Francis, Interim Tax Administrator; Stephen King, Solid Waste Director GENERAL STATUTE: Acquisition of Real Property SUBJECT: Possible Acquisition of Property from Elaine Stephens Trust PIN #8626-11-5397. DISCUSSION: Mr. Francis explained that this property is from trust. The trustee has passed, and there has been an inquiry if the County is interested in purchasing the property. The preperty adjoins the land?ll as shown on the attached map. Bore samples over the summer showed over on the side of the land?ll near the property, some waste was outside our defined edge of waste. Methane well and lower explosive limits have been high and have always exceeded the lower limit. By purchasing this property, the County will be able to move the line and we can be in compliance. He explained that Engineering said that it is not a necessity but good to have in light of other issues going on. The letter is attached. Mr. Killian advised that there is a high risk for migration into this preperty, and Mr. Francis concurred, noting that there is a hot well close to the line. He also noted that there is water and sewer near the property. Mr. Killian stated that the title search is ready, noting that there does not need to be a new survey. The estate is asking for an accelerated closing by December 31. After, discussion, it was the consensus of the Board to purchase the property for no more than $150,000 as discussed. 5mm: Commissioner Sorrells made a motion to return to open session. Vice-Chairman Kirkpatrick seconded an the motion carried unanimously. ?e Mm. RELEASED Clerk 7 289g HAYWOOD COUNTY BOARD OF COMMISSIONERS CLOSED SESSION MINUTES DECEMBER 15, 2014 MEMBERS PRESENT: Chairman Mark S. Swanger, Vice-Chairman J.W. "Kirk" Kirkpatrick, Commissioners Bill L. Upton, L. Kevin Ensley and Michael T. Sorrells. MEMBERS ABSENT: None STAFF PRESENT: County Manager/Clerk to the Board Ira Dove, Finance Director Julie Davis, County Attorney Leon M. "Chip" Killian, Ill and Executive AssistantlDeputy Clerk Candace Way OTHERS PRESENT: None GENERAL STATUTE: Attorney/Client Privilege SUBJECT: Worker's Compensation case - Campbell DISCUSSION: Mr. Killian advised that he reviewed the settlement agreement (attached) and thinks that it is proper and recommends to approve. During the November 17, 2014 Closed Session, the Board approved for Mr. Dove to go into mediation with authority to settle. He explained the further settlement of terms. It was agreed unanimously to pay $134,472 cash payment, pay mediator, pay total Temporary Disability until the settlement is approved and all other incidents of agreement. OPEN SESSION: Commissioner Sorrells made a motion to return to open session. Vice-Chairman Kirkpatrick seconded and the motion carried unanimously. ?w A CLERK RELEASED (Jag/r.) Date!