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Ashville council enters executive session to discuss possible property sale, returns without action

City of Ashville Council · August 5, 2024
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Summary

After legal counsel outlined requirements for executive sessions, the City of Ashville Council voted unanimously to go into executive session at 7:00 p.m. to discuss a possible real property sale and returned to open session at 7:32 p.m., with the council indicating no action was anticipated.

City Attorney Kyle Barrentine told the City of Ashville Council that the mayor and council were considering an executive session to discuss the sale of real property and outlined the statutory requirements for such a session, including stating the purpose, estimating the expected duration, and telling the public whether the meeting would reconvene and whether action was anticipated. He said the anticipated time for the executive session was "approximately 15-20 minutes" and that the council would receive a letter outlining his opinion that the topic qualified for executive session.

After that advice, Mayor Derrick Mostella asked for a motion. Councilmember Shirley Smith moved to enter executive session and Councilmember Denise Williams seconded; a roll-call vote recorded unanimous support. The council convened the executive session at 7:00 p.m. and returned to open session at 7:32 p.m. The council indicated they anticipated reconvening the public meeting and did not expect to take action after the closed discussion.

Attorney Barrentine's explanation to the council was given in open session prior to the closed meeting and included the following guidance: "The purpose for the executive session must be one allowed under the code, which in this case was to discuss the consideration the City is willing to offer or accept when considering the purchase, sale, exchange, lease, or market value of real property. The public must be advised of the anticipated time that the Mayor and Council will remain in executive session, which in this case was approximately 15-20 minutes. The public must also be advised of the whether the Mayor and Council will reconvene the public meeting following the executive session and whether they anticipate taking any action when they return to the public meeting."