1 Unsealed by Board of Commissioners 04/28/2014. SEALED MINUTES TRANSYLVANIA COUNTY BOARD OF COMMISSIONERS February 17, 2014 – CLOSED SESSION Pursuant to NCGS 143-318.11 (a) (5) concerning the potential acquisition of real property closed session was entered into at 8:00 p.m. Present were Chairman Hawkins and Commissioners Chapman, Chappell, Hogsed and Lemel, County Manager Artie Wilson, and County Attorney Tony Dalton. The Manager reported that he was contacted by local attorney Mike Pratt who is administering the trust for the late Bruce Smith. Mr. Smith instructed his trustee to convey property he owns off Williamson Creek Road to a charitable organization that would preserve it as a green space for use by residents. Unfortunately, Mr. Smith did not provide funds to accomplish the process to donate the property. Therefore, Mr. Pratt has inquired with the County about the possibility of the County using it as a park. Staff has visited the property and determined it is not suitable or feasible for the County’s use and it would be difficult to convert the property into a park. There is also a house on the property that would need to be demolished because it has mold issues and other damages. Therefore, it is the recommendation of the Manager to decline the offer to accept the property. Commissioners preferred to make a site visit before making a decision. The Manager will make arrangements for a site visit this week so that a decision can be made at the next meeting one week from tonight. Commissioner Lemel moved to leave closed session, seconded by Commissioner Hogsed and unanimously carried. ________________________________________ Mike Hawkins, Chair Transylvania County Board of Commissioners ATTEST: ________________________________________ Trisha M. Hogan, Clerk to the Board 02/17/2014 !" " Unsealed by Board of Commissioners 04/28/2014. SEALED MINUTES TRANSYLVANIA COUNTY BOARD OF COMMISSIONERS February 24, 2014 – CLOSED SESSION Closed Session #2 Potential Acquisition of Real Property Pursuant to NC General Statute 143-318.11 (a) (5) concerning the potential acquisition of real property, the second closed session was entered into. Present were Chairman Hawkins, Commissioners Chapman, Chappell, Hogsed and Lemel, County Manager Artie Wilson, County Attorney Tony Dalton, and Clerk to the Board Trisha Hogan. This closed session was a follow up to the closed session from the previous Board of Commissioners’ meeting. The Manager and Commissioner Chapman visited property off Williamson Creek Road. The property is in trust being administered by local attorney Mike Pratt for the late Bruce Smith. Mr. Pratt had inquired with the County about the possibility of the County using it as a park. The Manager and Commissioner Chapman recommended to the Board that they not pursue ownership of the property. Mr. Smith was very specific in how he wanted the property used and the County would have to spend a great deal of money to improve the site for use by the public. Therefore it was the consensus of Commissioners to reject the offer by Mr. Pratt. Chairman Hawkins moved to leave closed session, seconded by Commissioner Lemel and unanimously carried. ________________________________________ Mike Hawkins, Chair Transylvania County Board of Commissioners ATTEST: ________________________________________ Trisha M. Hogan, Clerk to the Board " " " #$%$&%$#!&" 1 MINUTES TRANSYLVANIA COUNTY BOARD OF COMMISSIONERS May 9, 2014 – SPECIAL MEETING The Board of Commissioners of Transylvania County met in special session on Friday, May 9, 2014 at 3:30 p.m. in the downstairs conference room of the Community Services Building. The meeting was called for the purposes of allowing Commissioners to meet in closed session to discuss a personnel matter. Commissioners present were Jason Chappell, Chairman Mike Hawkins, Daryle Hogsed and Page Lemel. Vice-Chairman Larry Chapman was out of the country. Also present were Human Resources Director Sheila Cozart and Steve Strauss and Heather Lee with Developmental Associates. There were no members of the media or public in attendance. Chairman Hawkins called the meeting to order at 3:35 p.m. Chairman Hawkins made a motion to enter into closed session per NCGS 143-318.11 (a) (6) to consider the qualifications, competence, performance, condition of appointment of a public officer or employee or prospective public officer or employee. Those to attend are Commissioners, the Human Resources Director and representatives from Developmental Associates. The motion was seconded by Commissioner Chappell and unanimously carried. CLOSED SESSION Pursuant to NCGS 143-318.11 (a) (6) to consider the qualifications, competence, performance, condition of appointment of a public officer or employee or prospective public officer or employee, closed session was entered into at 3:38 p.m. Present were Chairman Hawkins, Commissioners Chappell, Hogsed and Lemel, Human Resources Director Sheila Cozart, and Steve Strauss and Heather Lee with Developmental Associates. Commissioners participated in the initial screening process of candidates for the County Manager position. The current County Manager will be retiring at the end of August. Commissioners will participate in the second screening process on May 22 in closed session. Commissioner Lemel moved to leave closed session, seconded by Commissioner Hogsed and unanimously carried. OPEN SESSION There was no further business. Commissioner Lemel moved to adjourn the meeting at 4:55 p.m., seconded by Commissioner Hogsed and unanimously carried. ________________________________________ Mike Hawkins, Chair Transylvania County Board of Commissioners ATTEST: ________________________________________ Trisha M. Hogan, Clerk to the Board 05/09/2014 !" " MINUTES TRANSYLVANIA COUNTY BOARD OF COMMISSIONERS May 22, 2014 – SPECIAL MEETING The Board of Commissioners of Transylvania County met in special session on Thursday, May 22, 2014 at 6:00 p.m. in the Connestee Conference Room of the Transylvania County Library. The meeting was called for the purposes of allowing Commissioners to meet in closed session to discuss a personnel matter. Commissioners present were Vice-Chairman Larry Chapman, Jason Chappell, Chairman Mike Hawkins, and Page Lemel. Commissioner Daryle Hogsed was absent. Also present was Human Resources Director Sheila Cozart. Heather Lee, Mike Ruffin and Steve Strauss with Developmental Associates participated via conference call. There were no members of the media or public in attendance. Chairman Hawkins called the meeting to order at 6:03 p.m. Chairman Hawkins made a motion to enter into closed session per NCGS 143-318.11 (a) (6) to consider the qualifications, competence, performance, condition of appointment of a public officer or employee or prospective public officer or employee. Those to attend are Commissioners and the Human Resources Director. Representatives from Developmental Associates are to participate via conference call. The motion was seconded by Commissioner Chapman and unanimously carried. CLOSED SESSION Pursuant to NCGS 143-318.11 (a) (6) to consider the qualifications, competence, performance, condition of appointment of a public officer or employee or prospective public officer or employee, closed session was entered into at 6:05 p.m. Present were Chairman Hawkins, Commissioners Chapman, Chappell, and Lemel, Human Resources Director Sheila Cozart, and via conference call Heather Lee, Mike Ruffin and Steve Strauss with Developmental Associates. Commissioners participated in the second screening process of candidates for the County Manager position. The next step in the process is for candidates to participate in an assessment center and meet with Commissioners in person. This will begin to occur in mid-June. Chairman Hawkins moved to leave closed session, seconded by Commissioner Lemel and unanimously carried. OPEN SESSION There was no further business. Chairman Hawkins moved to adjourn the meeting at 7:40 p.m., seconded by Commissioner Lemel and unanimously carried. ATTEST: ________________________________________ Mike Hawkins, Chair Transylvania County Board of Commissioners ________________________________________ Trisha M. Hogan, Clerk to the Board " " #$%&&%&#!'" !" " MINUTES TRANSYLVANIA COUNTY BOARD OF COMMISSIONERS June 12 & 13, 2014-SPECIAL MEETING The Board of Commissioners of Transylvania County met in special session on Thursday, June 12, 2014 and Friday, June 13, 2014 at Blue Ridge Community College for the purposes of participating in the assessment process in their search for a new County Manager and for allowing Commissioners to enter into closed session. Commissioners present were Vice-Chairman Larry Chapman, Jason Chappell, Chairman Mike Hawkins, Daryle Hogsed and Page Lemel. Also present were Steven Strauss and Heather Lee of Developmental Associates, Human Resources Director Sheila Cozart and Clerk to the Board Trisha Hogan. There were no members of the media present. On Thursday, June 12, 2014 and part of the day Friday, June 13, 2014, Commissioners observed several candidates for the County Manager position participate in a process called Assessment Centers. This process was developed by Developmental Associates. Developmental Associates formed four teams to administer the Assessment Centers. The teams consisted of members and leaders of the community, former elected officials, former and current city managers, and school officials, just to name a few. Each team presented their findings to Commissioners about each candidate in closed session. CLOSED SESSION Pursuant to NC General Statute 143-318.11 (a) (6) to consider the qualifications, competence, performance, condition of appointment of a public officer or employee or prospective public officer or employee, closed session was entered into at 2:15 p.m. on Friday, June 13, 2014. Present were Chairman Hawkins, Commissioners Chapman, Chappell, Hogsed and Lemel, Steven Strauss and Heather Lee of Developmental Associates and Clerk to the Board Trisha Hogan. Ms. Cozart was unavailable to attend the closed session portion of the meeting. Also present at various times were the members of the teams assembled by Developmental Associates. Developmental Associates formed four teams to administer the Assessment Centers. Each team presented their findings to Commissioners about each candidate. After the presentations, Commissioners discussed the findings and narrowed their candidate list to three candidates. Commissioners directed staff to contact the candidates and schedule interviews for June 18, 19, and 20, if possible. Commissioners intend to provide a full day’s itinerary, to include a guided tour of the community, meetings with various community members, an interview with the Board of Commissioners, and dinner. Staff was asked to find out from the candidates who they wanted to speak with and what other items may be of interest to them while they are here (schools, realtors, etc.). Commissioner Chapman moved to leave closed session, seconded by Commissioner Lemel and unanimously carried. Commissioner Chapman moved to adjourn the meeting at 6:30 p.m., seconded by Commissioner Lemel and unanimously carried. ATTEST: ________________________________________ Mike Hawkins, Chair Transylvania County Board of Commissioners " _______________________________________ Trisha M. Hogan, Clerk to the Board " #$%!&%&#!'"("#$%!)%&#!'" !" " MINUTES TRANSYLVANIA COUNTY BOARD OF COMMISSIONERS JUNE 18, 2014 – SPECIAL MEETING The Board of Commissioners of Transylvania County met in special session on Wednesday, June 18, 2014 in the downstairs conference room of the Community Services Building. Commissioners met for the purposes of discussing a personnel matter. Commissioners present were Vice-Chairman Larry Chapman, Jason Chappell, Chairman Mike Hawkins, Daryle Hogsed and Page Lemel. There were no members of the media or public in attendance. CLOSED SESSION Pursuant to NC General Statute 143-318.11 (a) (6) to consider the qualifications, competence, performance, condition of employment of a public officer or employee or prospective public officer or employee, closed session was entered into at 8:30 a.m. Present were Chairman Hawkins and Commissioners Chapman, Chappell, Hogsed and Lemel. At a previous closed session meeting, Commissioners narrowed down their County Manager search to three candidates. During this meeting, Commissioners interviewed one of those candidates. Afterwards Commissioners and the candidate will tour the County and visit with various members of the community per the candidate’s request. A motion to leave closed session was carried unanimously. A motion to adjourn the closed session meeting was carried unanimously. ATTEST: ________________________________________ Mike Hawkins, Chair Transylvania County Board of Commissioners " _______________________________________ Trisha M. Hogan, Clerk to the Board " #$%!&%'#!(" !" " MINUTES TRANSYLVANIA COUNTY BOARD OF COMMISSIONERS JUNE 25, 2014 – SPECIAL MEETING The Board of Commissioners of Transylvania County met in special session on Wednesday, June 25, 2014 in the downstairs conference room of the Community Services Building. Commissioners met for the purposes of discussing a personnel matter. Commissioners present were Vice-Chairman Larry Chapman, Jason Chappell, Chairman Mike Hawkins, Daryle Hogsed and Page Lemel. There were no members of the media or public in attendance. CLOSED SESSION Pursuant to NC General Statute 143-318.11 (a) (6) to consider the qualifications, competence, performance, condition of employment of a public officer or employee or prospective public officer or employee, closed session was entered into at 8:30 a.m. Present were Chairman Hawkins and Commissioners Chapman, Chappell, Hogsed and Lemel. At a previous closed session meeting, Commissioners narrowed down their County Manager search to three candidates. During this meeting, Commissioners interviewed one of those candidates. Afterwards Commissioners and the candidate will tour the County and visit with various members of the community per the candidate’s request. A motion to leave closed session was carried unanimously. A motion to adjourn the closed session meeting was carried unanimously. ATTEST: ________________________________________ Mike Hawkins, Chair Transylvania County Board of Commissioners _______________________________________ Trisha M. Hogan, Clerk to the Board " " " #$%!&%'#!(" !" " MINUTES TRANSYLVANIA COUNTY BOARD OF COMMISSIONERS JULY 2, 2014 – SPECIAL MEETING The Board of Commissioners of Transylvania County met in special session on Wednesday, July 2, 2014 in the downstairs conference room of the Community Services Building. Commissioners met for the purposes of discussing a personnel matter. Commissioners present were Vice-Chairman Larry Chapman, Jason Chappell, Chairman Mike Hawkins, Daryle Hogsed and Page Lemel. There were no members of the media or public in attendance. CLOSED SESSION Pursuant to NC General Statute 143-318.11 (a) (6) to consider the qualifications, competence, performance, condition of employment of a public officer or employee or prospective public officer or employee, closed session was entered into at 8:30 a.m. Present were Chairman Hawkins and Commissioners Chapman, Chappell, Hogsed and Lemel. At a previous closed session meeting, Commissioners narrowed down their County Manager search to three candidates. During this meeting, Commissioners interviewed one of those candidates. Afterwards Commissioners and the candidate will tour the County and visit with various members of the community per the candidate’s request. A motion to leave closed session was carried unanimously. A motion to adjourn the closed session meeting was carried unanimously. ATTEST: ________________________________________ Mike Hawkins, Chair Transylvania County Board of Commissioners _______________________________________ Trisha M. Hogan, Clerk to the Board " " " #$%!&%'#!(" !" " M I N U T ES T R A NSY L V A N I A C O U N T Y B O A R D O F C O M M ISSI O N E RS A ugust 4, 2014 ± R E G U L A R M E E T I N G The Board of Commissioners of Transylvania County met in regular session on Monday, August 4, 2014 at 7:00 p.m. in the Rogow Room at the Transylvania County Library. The meeting was rescheduled from August 11, 2014. Commissioners present were Vice-Chairman Larry Chapman, Jason Chappell, Chairman Mike Hawkins, Daryle Hogsed and Page Lemel. Also present were County Manager Artie Wilson, County Attorney Tony Dalton, and Clerk to the Board Trisha Hogan. Media: The Transylvania Times ± Jeremiah Reed WLO S News WS QL Radio There were approximately 220 people in the audience. C A L L T O O RDER Chairman Mike Hawkins presiding called the meeting to order at 7:07 p.m. WELCOME Chairman Hawkins welcomed everyone to the meeting and thanked the members of the audience for participating in their County government. He introduced the members of the Board of Commissioners and staff. A D O P T I O N O F A G E N D A/A G E N D A M O D I F I C A T I O NS The Manager requested to move Item X.D Resolution Calling for an Alcoholic Beverage Election to the beginning of the meeting after the Public Comment period. He also requested to remove Item VIII.A Social Services Board under Appointments and delay this item to the next meeting. Commissioner C hapman moved to adopt the modified agenda, seconded by Commissioner Hogsed and unanimously approved. PUB L I C C O M M E N T The public comment period was extended to allow citizens an opportunity to speak on the item dealing with the alcohol referendum. Larry Wilson: Mr. Wilson pleaded with those supporting the alcohol referendum to reconsider their stance based on a personal story he shared about his family being affected by alcohol. He said the dangers of alcohol are hard to comprehend and County alcohol sales wilO GR QRWKLQJ WR LPSURYH DQ\RQH¶V VLWuation. Mr. Wilson urged Commissioners to vote against the referendum. Stanley Owen: Mr. Owen asked Commissioners to act in their manner as a representative government and vote against allowing the referendum for alcohol sales. He believes alcohol is a sin and Commissioners should be held responsible for the decline of the County. He also believes domestic violence and child abuse and even worse cases will increase as a result of more alcohol being consumed. " " #$%#&%'#!&" !" " that in order for this to be placed on the ballot, the motion must be specific as to what Commissioners want to be placed on the ballot. Commissioner L emel amended her motion to call for an election for the sale of malt beverages under N C GS 18B-602 (a) (1), (a) (2), (a) (3), and (a) (4) and unfortified wines under N C GS 18B-602 (d) (1), (d) (2), and (d) (3). C hairman H awkins seconded the amended motion. Commissioner Chapman thanked everyone for their comments tonight. He believes this issue needs to go to a vote of the people and it is about fairness to both business owners and people in the County. The law is written to allow the people to have a say so in this matter. Commissioner Hogsed said the people have spoken here tonight that they do not want this on the ballot. While he understands business owners want to be treated the same as other businesses; he said that cannot happen because businesses within City limits already have to adhere to stricter regulations than most County businesses. Furthermore, if it is the will of the people for this item to be placed on the ballot for a vote, then the people would have been able to get the necessary signatures on a petition as required by law. Commissioner Hogsed does not believe this is good for Transylvania County and he will not support it. Commissioner Chappell said his vote will be based on his faith and convictions and what he feels is best for the citizens of Transylvania County. He also believes if there was overwhelming support for this by the people that the petition process would have been successful. He is taking a stance against this election because he does not believe the sale of alcoholic beverages is good for Transylvania County. Commissioner Lemel said she feels a great burden to make the best decisions for the citizens of the County. On this issue she does not feel she should make this decision for the citizens because it is a moral and personal decision and she hopes citizens will exercise their right to vote and let every citizen weigh in on this subject; therefore she is in favor of moving forward with the referendum. Chairman Hawkins understands this is a divisive issue, but said alcohol is a legal product and right now there are different rules for different businesses. He believes this is an issue of fairness and he supports asking citizens to vote on whether or not they want it. He said he has faith in the voters of Transylvania County and given full information they will make the right decision. Commissioner Hogsed added that by moving forward with a referendum this Board will be bypassing a method in which people can actually petition the government for a referendum for what they want. He said unfortunately one Commissioner will cast the deciding vote here tonight to authorize a referendum instead of allowing the petition process to occur. Commissioner Chapman said people are making the assumption this is going to pass and they seem to be making the assumption that citizens cannot make responsible decisions for themselves. He said the people will speak in November which is the right they have been granted by those who fought for that right. He encouraged those in attendance to present their case to the people of this community, either for or against. T he amended motion and main motion passed by a vote of 3 to 2, with Commissioners C happell and Hogsed voting against. (Resolution 27-2014 Requesting the Board of Elections of Transylvania County to Hold an Alcoholic Beverage Election is hereby incorporated by reference and made a part of these minutes.) C hairman H awkins moved to enter into closed session per N C GS 143-318.11 (a) (5) to establish or instruct staff concerning the negotiation of the amount of compensation or other terms of an employment contract. T he motion was seconded by Commissioner L emel and unanimously car ried. C L OSE D SESSI O N Per NCGS 143-318.11 (a) (5) to establish or instruct staff concerning the negotiation of the amount of compensation or other others of an employment contract, closed session was entered into at 8:32 p.m. Present were Chairman Hawkins, Commissioners Chapman, Chappell, Hogsed and Lemel, County Manager Artie Wilson, County Attorney Tony Dalton, Human Resources Director Sheila Cozart, and Clerk to the Board Trisha Hogan. " " #$%#!%&#'!" !" " Commissioners met in closed session to agree on the final parameters of a contract to offer their candidate of choice to become the new County Manager upon the retirement of current Manager Artie Wilson. They were all in agreement and intend to make the announcement to the public when they leave closed session. Commissioner L emel moved to leave closed session, seconded by Commissioner C happell and unanimously car ried. O P E N SESSI O N/N E W B USI N ESS C O N T I N U E D APPOINTMENT OF NEW COUNTY MANAGER Commissioner C hapman moved to approve the terms of a contract as presented and appoint Ms. Jaime L aughter as the new T ransylvania County M anager effective O ctober 1, 2014. T he motion was seconded by Commissioner L emel. Commissioner Chapman stated that the manager search process has produced an excellent candidate. He believes Ms. Laughter will be an asset to the County and he welcomes her with open arms. Commissioner Lemel said the County will benefit by her being here because she understands mountain values and is familiar with Transylvania County. She has accomplished a lot during her time in Mills River and she embodies everything this Board has talked about wanting Transylvania County to be. She is thrilled Ms. Laughter is joining the staff here in Transylvania County as its County Manager. Commissioner Chappell believes Ms. Laughter is a good fit for Transylvania County. She has an excellent background and a familiarity and love of this community. She also has a fantastic work ethic and is known by her peers regionally. Commissioner Hogsed said she was by far the most outstanding candidate and she brings a lot to the table already having such familiarity with the region. She also brings her contacts through successful economic development efforts to the County from Mills River. Chairman Hawkins stated that Ms. Laughter was a top candidate from the beginning of the search process. She has the ability to break down barriers and bring people together. She has all the good qualities a good leader must have. He has the utmost confidence in her ability to lead the County. Chairman Hawkins thanked Commissioners for going through this process and others who assisted as well. T he motion was unanimously approved. The Manager welcomed Ms. Laughter in her role as new County Manager. He stated the County is fortunate to have her and he knows she will do a great job. Ms. Laughter addressed Commissioners and the members of the public and stated that she very much looks forward to being the new Transylvania County Manager. She thanked Commissioners for their confidence in her. She also thanked Commissioners for their dedication to Transylvania County. She hopes to continue the legacy left by Manager Wilson. Ms. Laughter said she looks forward to serving in her role. She thanked Commissioners and everyone for the warm welcome and expressed excitement about her new role. C hairman H awkins moved for a 15 minute recess, seconded by Commissioner L emel and unanimously car ried. During the recess, those in attendance got an opportunity to meet Ms. Laughter and enjoy light refreshments. The meeting reconvened at 9:15 p.m. C O NSE N T A G E N D A Commissioner L emel moved to approve the Consent Agenda as presented. The motion was seconded by Commissioner Hogsed and unanimously approved. The following items were approved: " " #$%#&%'#(&" !" " determining an organizational structure. The Manager pointed out that most of the EDO members have full time jobs so they need someone to help them bring the organization together and help perform these tasks. Then the Board of Commissioners can schedule a meeting with the EDO to discuss the desired outcomes of the organization and a contract can be agreed upon for funding the organization as well. Commissioner Chapman commented that the success of the organization depends on the quality of the leader. He agreed with Commissioner Chappell that Commissioners need to know what they intend to ask for but he thinks the EDO is looking for a strong leader in economic development and finding the right person can help get this moving forward. T he motion passed by a vote of 4 to 1, with Commissioner C happell voting against. PUB L I C C O M M E N T Mike West: Mr. West said when people look to their government one of the things they look for is consistency and process. In terms of consistency, he said the last time there was a controversial issue, Commissioners listened to the people, but they did not do that tonight with regards to the alcohol referendum. With regards to process, this Board, serving in a republic form of government, abdicated its responsibility and put it back to the people. They have in a sense changed their form of government to a democracy and now every issue that comes before them should go to a vote of the people. &200,66,21(56¶ &200(176 There were no comments from Commissioners. C hairman H awkins moved to enter into closed session per N C GS 143-318.11 (a) (6) to consider the qualifications, competence, performance, condition of appointment of a public officer or employee or prospective public officer or employee, after a 5-minute recess. T he motion was seconded by Commissioner L emel and unanimously car ried. C L OSE D SESSI O N Pursuant to NC General Statute 143-318.11 (a) (6) to consider the qualifications, competence, performance, condition of appointment of a public officer or employee or prospective public officer or employee, closed session was entered into at 10:15 p.m. Present were Chairman Hawkins, Commissioners Chapman, Chappell, Hogsed and Lemel, County Manager Artie Wilson, Human Resources Director Sheila Cozart, Tax Administrator David Reid, Assistant Tax Administrator Annette Raines, County Attorney Tony Dalton and Clerk to the Board Trisha Hogan. Commissioners discussed a personnel matter and directed staff on how to proceed. C hairman H awkins moved to leave closed session, seconded by Commissioner L emel and unanimously car ried. O P E N SESSI O N C hairman H awkins moved to seal the minutes of the closed session until such time that opening the minutes does not frustrate the purpose of the closed session. T he motion was seconded by Commissioner C happell and unanimously approved. " " #$%#&%'#(&"