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Town Council

Regular Meeting

Boone, NC · February 26, 2025

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Minutes

MINUTES – REGULAR MEETING BOONE TOWN COUNCIL FEBRUARY 26, 2025 CALL TO ORDER A regular meeting of the Boone Town Council was called to order at 6:00 p.m. on Wednes day, February 26, 2025, in the Boone Town Council Chambers located at 1500 Blowing Rock Road in Boone. Mayor Tim Futrelle pres ided. Council members pres ent included Mayor Pro-Tem Dalton George, Virginia Ros eman, Todd Carter (remote), Edie Tugman, and Eric Plaag. Town s taff pres ent included Town Manager Amy Davis , Town Clerk Nicole Harmon-Church, Public Works Director Todd Moody, Planning Director Jane Shook, Deputy Planning Director Brandon Wis e, Interim Police Chief Daniel Duckworth, Sus tainability and Special Projects Manager George Santucci, Finance Director Guy Miller, Cultural Res ources Director Mark Freed. Town Attorney Allis on Meade was als o in attendance. MOMENT OF SILENCE ANNOUNCEMENTS Mayor Pro-Tem George made a motion to amend the agenda to cons ider res olutions and proclamations before the lobbyis ts gave their report. Council member Ros eman s econded this motion, which carried unanimous ly. APPROVAL OF PROCLAMATIONS AND RESOLUTIONS Mayor Pro-Tem George made a motion to approve the proclamation honoring H.C. Moretz. Council Member Ros eman s econded the motion, which pas s ed unanimous ly. Mayor Pro-Tem George expres s ed gratitude to Mr. Moretz’s family for their pres ence at the meeting and commended the numerous achievements throughout his dis tinguis hed life. He then read the following proclamation into the record: PROCLAMATION HONORING THE LIFE OF HERBERT CLEVLAND (H.C.) MORETZ, JR. AND DECLARING A DAY IN HIS NAME Whe re a s , the Boone, North Carolina community mourns the los s of a beloved centenarian and res pected citizen, Herbert Clevland (H.C.) Moretz, Jr., who pas s ed away peacefully at his home on January 9, 2025, at the age of 100 ½; and Whe re a s , H.C. Moretz was born on March 14, 1924, to the late Herbert Clevland, Sr., and Pearl Carpenter Moretz, and grew to exemplify the values of s ervice, dedication, and community leaders hip throughout his long and remarkable life; and Whe re a s , H.C. proudly s erved his country as a member of the “Greates t Generation”, bravely fighting in World War II as part of the 78th Lightning Divis ion Infantry of the U.S. Army. H.C. demons trated extraordinary courage during the Battle of the Bulge, where he was wounded on his 20th birthday and earned the Purple Heart, embodying the highes t ideals of patriotis m and s acrifice; and Whe re a s , after returning from the war, H.C. purs ued higher education at Appalachian State Teacher’s College, earning a Bachelor’s Degree in Bus ines s and Social Studies , and went on to touch the lives of countles s s tudents as a bus ines s education teacher at Wes t Yadkin High School and as manager of Elkin Bus ines s College; and Whe re a s , H.C.’s commitment to s ervice extended beyond education and into the community as he s erved as the director of the Neighborhood Youth Corps program and later as the Executive Director of W.A.M.Y. Community Action for over two decades . During his long and fruitful career here, H.C. s pearheaded initiatives that enriched the lives of many, including the development of Appalcart, the introduction of the public s chool breakfas t program, and the implementation of the Head Start and WIC programs to name only a few; and Whe re a s , H.C.’s dedication and contributions to his community and s tate were recognized with numerous accolades, including the pres tigious Order of the Long Leaf Pine, one of North Carolina’s highes t honors , awarded to him on June 10, 2012; and Whe re a s , H.C. was a devoted family man, a loving hus band to his late wife of 65 years , Phyllis Wils on Moretz, and a cheris hed father, grandfather, and great-grandfather, whos e legacy continues through his four children, eight grandchildren, and four great- grandchildren; and Whe re a s , H.C. enriched the lives of thos e around him with his pas s ion for family, his love for games like cornhole and s olitaire, his faithful members hip at Bethany Lutheran Church, and joyfully continued his wife’s tradition of baking homemade yeas t bread; Now, the re fore , be it re s olve d that we, the members of the Boone Town Council, honor and celebrate the remarkable life and enduring legacy of Herbert Clevland (H.C.) Moretz, Jr., whos e contributions to his family, country, and community will forever be remembered and declare day of (Month) to be HERBERT CLEVLAND (H.C.) MORETZ, JR. day; and Be it furthe r re s olve d that a copy of this res olution be pres ented to the family of H.C. Moretz as a tes tament to his remarkable life and las ting impact. Adopted this on the ____day of February 2025. Mayor Tim Futrelle ATTEST: (SEAL) Nicole Harmon-Church, Town Clerk LOBBYIST UPDATE Nathan Honaker, State Lobbyis t with Connect C, reported that the primary concern acros s the s tate remained the ongoing Helene relief efforts in the wes tern part of the s tate. Since las t year, he s tated that there had been an election. However, the overall political lands cape in Raleigh had s een little change, and the General As s embly s till had a Republican majority in both chambers . Mr. Honaker explained that the Senate maintained a Republican s upermajority while the Hous e los t its s upermajority by one vote. This s hift meant Republicans would need at leas t one Democratic vote to override a gubernatorial veto, encouraging more bipartis an collaboration on policy matters . In the executive branch, Mr. Honaker reported that there had been s ignificant pers onnel changes , with s even out of ten members of the Council of State being newly elected, including the governor, attorney general, lieutenant governor, labor commis s ioner, treas urer, auditor, and s uperintendent. Des pite thes e changes , the partis an balance remained relatively the s ame, s hifting from a 6-4 Republican majority to an even 5-5 s plit, reflecting North Carolina’s his torically balanced political lands cape. Mr. Honaker indicated that the judicial branch had s een minimal changes in power dynamics . However, one unres olved Supreme Court race remained under litigation. The Democratic incumbent won the initial tally, but the Republican challenger has contes ted certain votes . He reported that the cas e was before the Court of Appeals , and while a res olution was hoped for s oon, it may take cons iderable time to finalize. The legal dis pute over the unres olved Supreme Court race remains ongoing, according to Mr. Honaker, and depending on the s tate court’s ruling, it could potentially advance to federal court, prolonging the proces s . Mr. Honaker s aid that legis lative activities were in full s wing at the General As s embly. Committees were appointed, leaders hip convened, and early budget dis cus s ions were underway. He indicated that s enior budget chairs in the Hous e and Senate were meeting behind clos ed doors to negotiate the framework. Additionally, Mr. Honaker s aid that the firs t draft of a Helene relief package had progres s ed through the legis lative proces s . He s tated that the Hous e unanimous ly approved the bill, which would now move to the Senate for cons ideration. While s ome modifications may be made, he believed bipartis an unity remained s trong, with all branches of government and North Carolina’s congres s ional delegation prioritizing relief efforts for wes tern North Carolina. His view was that the expectation remained that s ome vers ion of the package would pas s in the near future. Mr. Honaker explained that the Hous e’s vers ion of the relief bill, while not final, reflected key priorities that the Senate was expected to s hare. He indicated that the s tate had allocated approximately $1.4 billion from its res erve fund, commonly referred to as the “rainy day fund,” built up over the pas t decade from budget s urplus es . The current bill allocated $500 million of that total, including $125 million for home recons truction and repair to s upplement FEMA as s is tance. Additionally, $150 million has been des ignated for the North Carolina Department of Agriculture, with half allocated for crop los s recovery and the other half for s tream res toration and infras tructure es s ential to agricultural operations . Mr. Honaker added that the Helene relief package als o included $100 million to repair private roads and bridges , addres s ing gaps in federal coverage under current guidelines . This funding was es s ential for many counties in the wes tern part of the s tate where the s tate mus t s tep in to s upport thes e infras tructure repairs . Additionally, he s tated that $55 million had been allocated to the Small Bus ines s Infras tructure Grant Program. Unlike revenue los s as s is tance, this funding would go to s upport critical infras tructure s uch as s idewalks , utilities, and water s ys tems . Mr. Honaker s aid that both local governments and individual bus ines ses would be eligible to apply if this program remained in the final vers ion of the bill. Mr. Honaker indicated that another major component of the package was funding for debris removal, a pres s ing need in the region. He s tated that a s ignificant amount of debris remained, with complicated federal and s tate regulations governing its dis pos al due to hazardous materials mixed with natural debris . Mr. Honaker added that the initial bill included $20 million for this effort, though additional funding may be neces s ary. Federal s upport was als o expected to contribute to this proces s . He s tated that non-profit organizations , which played a crucial role in initial dis as ter res pons e efforts , would receive $10 million through the Governor’s Office of Emergency Management for reimburs ement of expens es . Additionally, he s aid $15 million would be allocated to the Golden LEAF Foundation to provide s mall grants (up to $50,000) for nonprofit organizations as s is ting in wes tern North Carolina’s recovery. According to Mr. Honaker, the bill als o des ignated $10 million for the Department of Health and Human Services (DHHS) to s upplement federal rental as s is tance programs , addres s ing gaps where federal s upport falls s hort. Furthermore, recognizing the importance of touris m to the regional economy, the bill included $5 million for travel and touris m marketing. He indicated that the Economic Development Partners hip of North Carolina (EDPNC) would overs ee this initiative to counter mis conceptions that the region remained clos ed due to s torm damage. While this is the Hous e’s vers ion of the relief package, Mr. Honaker s tated that the Senate s hared many of thes e priorities . Both chambers agreed on the importance of s mall bus iness relief, debris removal, and agricultural s upport. He indicated that the final negotiations would determine the s pecific funding allocations . Still, he s tated there was a s trong bipartis an cons ens us on the need to act s wiftly and collaborate with federal partners to ens ure effective recovery efforts . Mr. Honaker added that efforts to advance Helene recovery and relief remained a priority. As lobbyis ts , he promis ed that he and his firm would work clos ely with Manager Davis and the Town Council to ens ure Boone had the neces s ary information to take advantage of available funding programs . In s ome cas es , Mr. Honaker indicated that his firm could provide guidance before it was officially releas ed, allowing the Town to prepare and maximize its s hare of available res ources for local recovery and development. Beyond Helene relief, Mr. Honaker noted that his firm’s advocacy for Town funding at the s tate level continued. Even before the dis as ter, he indicated that they worked to s ecure the financing of various projects and achieved notable s uccess in 2020 with the s upport of Senator His e, Representative Pickett, and legis lative leaders in both parties . He s tated they remained committed to advocating for local projects ; however, this year’s s tate budget pres ented challenges . While the current fis cal year had a $500 million s urplus , he noted that this was relatively s mall in the context of s tate government. Revenue projections indicated a flat budget next year, with a pos s ible deficit the following year. As a res ult, Mr. Honaker predicted that funding opportunities may be more limited. However, he reas s ured that there were des ignated funds for dis as ter recovery, which increas ed the likelihood of s ecuring s upport for projects related to hurricane relief. Mr. Honaker added that he and his firm would continue working with s tate repres entatives and local leaders to explore funding opportunities , including ongoing s upport for infras tructure projects and cultural initiatives s uch as "Horn in the Wes t," which received funding in las t year’s budget. Regarding the legis lative timeline, Mr. Honaker s tated that the Senate was leading the budget proces s this year and aimed to pas s a budget by April 18, before taking a brief recess for Eas ter. He added that the budget would then move to the Hous e for cons ideration. While budget negotiations could extend beyond the intended s chedule, given the pres s ing funding needs acros s the s tate, a budget bill was expected to be pas s ed during this legis lative s es s ion. Mr. Honaker and his team will continue to monitor developments and provide updates as the proces s unfolds . While the goal was to finalize the s tate budget by July 1, it was Mr. Honaker’s opinion that experience s ugges ted that it would likely be delayed, with completion more realis tically expected in late s ummer or early fall. His torically, budget negotiations often s talled due to policy debates on is s ues s uch as casinos or other legis lative matters that may not directly relate to s tate funding but s till impact revenue. He believed internal dis agreements among Republican lawmakers could als o contribute to delays . Next, Lobbyis t Brad Edwards , with Jenkins Hill Cons ulting, provided an update on the current political lands cape in Was hington, noting the recent changes in adminis tration and s hifts in party control. He explained that while the Senate trans itioned from Democrat to Republican control, the Hous e remained under a s lim Republican majority, which has led to increas ed negotiations and complexities in governance. According to Mr. Edwards , one of the key is s ues being addres s ed was funding the federal government for the fis cal year 2025, initially due September 30 but has been repeatedly pos tponed, now s et for res olution by March 14. He noted that negotiators from the top appropriations committees were working toward a funding agreement, which was expected to include dis as ter relief for recent events s uch as the Helene dis as ter and California wildfires . Additionally, he indicated that the debt ceiling, which was typically addres s ed every two years , was another pres s ing concern, with the pres ident s eeking a four-year extens ion. According to Mr. Edwards , thes e is sues pres ent s ignificant legis lative challenges and will require extens ive negotiations in the coming weeks . Mr. Edwards further explained that des pite the Republican trifecta controlling the pres idency, House, and Senate, it was not a fully functional majority due to internal divis ions within the party. In the Hous e, he noted that Republicans held only a narrow one- to three-s eat majority, making cons ens us difficult. Meanwhile, in the Senate, mos t legis lation required 60 votes to proceed, necess itating bipartis an s upport. Regarding the appropriations proces s, he s tated that Congres s mus t either pas s a full funding bill by September 30 or rely on s hort-term continuing res olutions (CRs ) to keep the government running until an omnibus bill is agreed upon. Mr. Edwards s tated that given the ongoing negotiations around dis as ter funding, the March 14 deadline, and the debt ceiling, it appears unlikely that Congres s will pas s a full-year funding bill. Mr. Edwards als o highlighted the budget reconciliation proces s, which allowed for certain legis lation to pas s with a s imple majority. Recently, the Senate pas s ed an immigration and energy reconciliation package, with the Hous e following s uit the previous night. Lawmakers mus t now reconcile differences between the vers ions and determine whether to proceed with a two- or three-bill approach. Mr. Edwards noted that the pres ident’s s tance on the matter has varied, and further dis cus s ions would s hape how Congres s moves forward. Mr. Edwards elaborated on the reconciliation proces s , which allowed legis lation to pas s with a s imple majority—requiring only 51 votes in the Senate, with the vice pres ident able to cas t a tie-breaking vote if neces s ary. He noted that current reconciliation efforts aimed to make the tax cuts from the 2018 Tax Cuts and Jobs Act permanent, implement immigration reforms with additional funding, and expand energy opportunities while reas s ess ing alternative energy policies . Mr. Edwards s tated that lawmakers mus t identify s pending cuts to offs et cos ts , which would be a key point of contention. He predicted that Congres s would likely approve a s hort-term continuing res olution into April rather than reaching a full funding agreement by the March 14 deadline. This would maintain the Biden adminis tration’s funding levels with a 1% acros s -the-board cut, limiting the deeper cuts s ome Republicans seek. Looking ahead, Mr. Edwards believed that dis cuss ions on the FY 2026 budget would likely begin in late April or early May, though meeting the September 30 deadline remained uncertain. Mr. Edwards als o noted that Pres ident Trump had is s ued numerous executive orders in his firs t 30 days , impacting various federal agencies and policies. However, he stated that many of thes e orders have faced legal challenges , with s ome temporarily s tayed and others awaiting court rulings , leading to uncertainty regarding their implementation. Mr. Edwards als o dis cus s ed efforts to s crutinize federal s pending, noting that pas t adminis trations have conducted s imilar reviews , s uch as the Grace Commis s ion under Pres ident Reagan and the Simps on-Bowles Commis s ion under Pres ident Clinton. However, this time, he s tated that the involvement of an outs ider like Elon Mus k has brought added attention to the is s ue. Mr. Edwards indicated that reports indicate that approximately $50 billion in federal s pending over the pas t fis cal year was identified as was te, fraud, and abus e, with s ome es timates s ugges ting the figure could be s ignificantly higher. Much of this s crutiny focus es on funds allocated under the Inflation Reduction Act, which may not have been us ed as intended. As new cabinet s ecretaries take office, they will as s ess their agencies ’ budgets and explore ways to s treamline operations while maintaining effectivenes s . However, he noted that propos als to cut s pending dras tically have faced pus hback from agency heads . Ultimately, Congres s will play a key role in determining budgetary changes through the appropriations proces s or s tandard legis lation. Mr. Edwards indicated that s ince mos t legis lation in the Senate required 60 votes to advance, bipartis an s upport would be necess ary, making s ubs tantial budget reforms an uphill battle—except through the reconciliation proces s , which allowed for a s imple majority vote. Mr. Edwards concluded by offering to ans wer any ques tions , after which the floor was opened for dis cus s ion. Council member Plaag inquired about the projected s tate deficit and whether it could lead to an increas e in the s tate tax rate or s ignificant budget cuts s imilar to thos e being cons idered in Was hington. It was noted that the s tate income tax rate had been lowered to 4.25%, down from jus t under 5%. Mr. Edwards res ponded that while he could not predict the future with certainty, it was unlikely that the s tate Senate, particularly under Senator Berger’s leaders hip, would s upport rais ing taxes . Ins tead, he indicated lawmakers may explore expanding the tax bas e through other means . He highlighted ongoing dis cus s ions about revenue triggers , which could s low down planned reductions in corporate and income taxes . Additionally, certain revenue-generating meas ures , s uch as video lottery terminals , have gained bipartis an interes t and could play a role in addres s ing budget concerns . The dis cus s ion als o touched on potential revenue s ources to addres s the s tate’s projected deficit. Mr. Honaker noted that video lottery terminals (VLTs ), already wides pread in gas s tations and other locations , remain unregulated. He added that a divers e coalition was forming around regulating and taxing VLTs , with s ome cons ervative lawmakers s upporting regulation for control purpos es , while others acros s the political s pectrum had mixed opinions . Mr. Honaker indicated that VLTs could generate s ignificant revenue if taxed, and Republican leaders hip may favor a high tax rate on them. Additionally, he s tated that cas inos remained a potential revenue driver, though they were unlikely to be part of this year’s budget dis cus s ions , pos s ibly emerging in future legis lative s es s ions . Other s trategies to addres s the deficit included expanding the tax bas e or relying on general revenue growth from increas ed bus ines s activity. Mr. Honaker indicated that this long- s tanding Republican s trategy has worked in the pas t, though the current projected deficit pres ented new challenges . The convers ation then s hifted to concerns about federal funding cuts affecting local agencies , mainly due to compliance is s ues with divers ity, equity, and inclus ion (DEI) policies. In addition to thes e concerns , Council member Plaag indicated that s ome citizens have expres s ed concerns about data s ecurity, es pecially regarding the IRS and Social Security. He added that there was als o growing uneas e about potential reductions in Medicaid funding and the impact thes e cuts could have on the local community. It was noted that the Town Council had previous ly dis cus sed the pos s ibility of pas s ing a res olution to addres s thes e concerns , and the topic remained a point of cons ideration for future action. Mr. Honaker noted that the adminis tration had the authority to direct federal funding priorities , and agencies were enforcing compliance meas ures accordingly. However, he s aid that legal challenges may s hape the future lands cape of thes e policies. Regarding the bes t way for the Town to engage with the community on thes e concerns, the lobbyis ts agreed that the Town Council may cons ider public forums , s urveys , or town hall meetings to gather input from res idents about how thes e is s ues were impacting their daily lives . They s tated that it was als o important to proceed cautious ly, ens uring dis cus s ions remained non-partis an and focus ed on local impacts rather than broader political debates . Since thes e were federal-level policies , Mr. Edwards s tated that municipal advocacy could involve drafting res olutions or letters to s tate and federal repres entatives , voicing the community’s concerns , and requesting s upport or clarification on funding implications . Ultimately, while municipalities had limited control over federal decis ions , Mr. Edwards indicated that engaging res idents and conveying their concerns to higher levels of government could be an effective s trategy. Mr. Edwards acknowledged that Medicaid was a critical is s ue in reconciliation dis cus s ions, and there was bipartis an concern over potential funding cuts . He added that s ecuring enough votes in both the Hous e and Senate to pas s changes would be difficult, es pecially when cons idering the impact on cons tituents . Regarding data s ecurity, Mr. Edwards s tated that the ongoing threats from both foreign and domes tic actors highlighted the need for modernization in federal s ys tems . He noted that antiquated infras tructure left s ens itive information vulnerable, as demons trated by the high-profile IRS data leak to ProPublica. He believed that Congres s would likely need to addres s thes e concerns to prevent further breaches . As for federal funding for agencies and organizations , Mr. Edwards s aid compliance with adminis tration policies was a determining factor, and entities unwilling to adjus t to new funding requirements may face financial ris ks . Mr. Honaker agreed that collecting data on community concerns and impacts was generally a good approach for municipalities to s tay informed and advocate effectively. However, he cautioned that being overly proactive or taking a s trong s tance on certain is s ues could unintentionally create friction with s tate or federal officials working on related policies. He believed a balanced approach—gathering information while maintaining open lines of communication with elected repres entatives —would likely be the mos t effective way to addres s the community's needs without caus ing unintended political cons equences. Mr. Honaker indicated that the concern over Medicaid cuts was warranted and s ignificant, es pecially given North Carolina’s recent program expans ion. He added that the potential for a reduced federal match could lead to wides pread cons equences , including los ing coverage for hundreds of thous ands of res idents and s evere financial s train on healthcare providers , particularly in rural areas . Mr. Honaker s tated that bipartis an worries in Raleigh reflected a broader awarenes s that thes e cuts could negatively impact cons tituents acros s political lines . Additionally, he noted that the mention of taxing nonprofit hos pitals added another layer of complexity, as s uch a move could further s train the healthcare s ys tem, particularly for organizations that relied on their tax-exempt s tatus to provide s ervices to unders erved communities . Mr. Honaker believed that it was clear that maintaining open communication with federal repres entatives was crucial to ens uring that thes e concerns were fully unders tood before decis ions were made that could have las ting cons equences. The dis cus s ion further emphas ized the wides pread concern over potential Medicaid cuts , particularly in North Carolina, where expans ion had recently been implemented. Members highlighted the devas tating impact s uch cuts could have on healthcare s ys tems , es pecially in rural areas . Council member Tugman recalled her experience in hos pital adminis tration and s tres s ed that reductions in funding, combined with the lingering effects of COVID-19 and the potential for future public health cris es , could place an uns us tainable burden on hos pitals and healthcare providers . Regarding the s tate’s approach to Medicaid, it was noted that in the abs ence of federal action, the program would likely continue as implemented, though s tate officials remain anxious about potential changes . Communication between North Carolina’s s tate repres entatives and federal lawmakers is ongoing, with many congres s ional delegates having prior experience in s tate government. Thes e es tablis hed relations hips facilitate dis cus s ions on critical is s ues like Medicaid, though the extent of inters tate communication with repres entatives from other s tates remains unclear. The convers ation unders cored the importance of continued advocacy and coordination to protect healthcare funding and acces s for North Carolina res idents . The meeting concluded with a dis cus sion on pas t and ongoing interactions with federal repres entatives . It was noted that while s ome lawmakers , including Dr. Fox, have vis ited the town council in the pas t, there has not yet been an opportunity for the full council and s taff to formally s it down with her. The council expres s ed interes t in s cheduling s uch a meeting to dis cus s key local concerns . Brad Edwards highlighted the ongoing communication with congres s ional offices , particularly during emergencies s uch as hurricanes , to ens ure that federal res ources are directed toward infras tructure repairs and dis as ter recovery. He acknowledged the efforts of Senators Budd and Tillis in s ecuring s upport for thes e initiatives . The meeting concluded on an optimis tic note regarding the Howard Street project. Mr. Honaker mentioned that John Cooper, as the former State Director for Rural Development in North Carolina, s till maintained s trong connections within the USDA, which has been ins trumental in s ecuring funding and s upport for the project. At this time, he did not believe there were any concerns regarding its progres s, and officials remained optimis tic about its s uccess ful completion. Council members expres s ed appreciation for the ongoing efforts in Raleigh and Was hington to advocate for the Town’s priorities , reinforcing the importance of continued collaboration with s tate and federal repres entatives to ens ure community projects and funding remain on track. TENTATIVE AGENDA ADOPTION Council member Tugman made a motion to approve the amended agenda. Mayor Pro-Tem George s econded the motion. Council member Plaag reques ted a friendly amendment to add a dis cus s ion of federal policy changes and a potential gathering of citizen input regarding the impact on the community as Council Matters Item Three. Both Tugman and George accepted the amendment and the motion carried unanimous ly. PUBLIC COMMENT No one was s igned up to s peak during public comment REQUESTED APPEARANCES REBECCA HUTCHINS/ BOB OLBERG – DANIEL BOONE NATIVE GARDENS Rebecca Hutchins and Bob Olberg, on behalf of Daniel Boone Native Gardens , pres ented a reques t for as s is tance in funding a deer fence. After s peaking with Planning and Ins pections s taff, the group had already determined that a building permit was not required for the fence and was prepared to move forward with ins tallation. They s ought financial s upport from Council to cover the cos t, which was es timated at jus t under $30,000. Manager Davis mentioned that pas t touris m-related funds had s upported s imilar projects , s uch as s tage cons truction at the Gardens . However, it was noted that due to the approaching Howard Street project, other touris m-related funds had not been allocated in the previous budget and were not planned for the upcoming year. Ms . Hutchins indicated that s he had previous ly met with Mayor Futrelle and that he had led her to believe that the Gardens could at leas t be reimburs ed for the cos t of the fence, though s he acknowledged s he could have mis unders tood. She believed that the Gardens would maintain the fence if approved. Council member Plaag as ked if s taff believed the Gardens would be eligible for Outs ide Agency Funding. Manager Davis ans wered they would be and s ugges ted they apply when the application proces s opened in April. She further recommended agains t allocating funds for the deer fence due to an upcoming budget amendment for Howard Street engineering, which required an additional $220,000, s ignificantly limiting available funding. Council called for clarification from Public Works Director Todd Moody regarding the maintenance of the fence. He did not believe s taff would be res pons ible for the maintenance of the fence if approved. He noted that they planned to s pend the entire $75,000 allocated by the General As s embly to cons truct the s tage on the property and did not anticipate any left over for a fence. Council member Tugman made a motion to allow Daniel Boone Gardens to erect a deer fence within planning guidelines with the caveat that Public Works s taff will not be res pons ible for maintaining the fence. Mayor Pro-Tem George s econded the motion. Council member Plaag made a friendly amendment that the plan for the fence s hould be equal to what has been des cribed at previous Council meetings and is in the video located here as of today’s meeting. Both Council Member Tugman and Mayor Pro-Tem George accepted the amendment, and the motion pas s ed. VOTE: Aye: Tugman, George, Carter, Plaag Nay: Ros eman WATAUGA COUNTY FARMER’S MARKET – MICHELLE DINEEN Michelle Dineen, Market Director for the Watauga County Farmers Market, expres s ed gratitude for the Town’s s upport and emphas ized the market’s role in Boone’s economy and culture. She highlighted that the market, operating in Daniel Boone Park, drew over 2,000 vis itors weekly at peak s eas on, s upported over 60 local farmers and artis ans , and generated an es timated $1.49 million in vendor s ales , with a broader economic impact likely clos er to $3 million annually. She s tres s ed the importance of maintaining a s table environment for vendors , many of whom rely on the market as their primary s ource of income. She rais ed concerns about s ite planning, vendor protections , and infras tructure is s ues that needed to be s tructured, as well as long-term s olutions . Ms . Dineen recalled a recent s ituation with having to be relocated after Hurricane Helene. Ms . Dineen called for a dedicated work s es s ion to addres s thes e challenges , particularly regarding debris containment, s now s torage, and the repaving of the market’s parking lot, which could dis rupt operations . She reques ted a clear timeline for the upcoming repaving project and for the market to be involved in dis cus sions about parking lot des ign and s hared facility updates to ens ure they met vendor and community needs . She als o rais ed concerns about unauthorized vendor s ales within Daniel Boone Park during market hours , which could create confus ion and unfair competition for official market vendors . To addres s this , s he reques ted clear policies and enforcement meas ures to uphold market integrity. Additionally, Ms . Dineen emphas ized the need for s tronger communication with the Town, propos ing regular meetings with Town s taff and s takeholders , as well as a formal notification s ys tem to keep the market informed of policy changes . She als o unders cored the importance of a s table licens e agreement with the Town that would integrate s olutions to thes e concerns and ens ure a long-term, mutually beneficial partners hip. Council members acknowledged the market’s concerns and recognized the need for better coordination. Councilmember Tugman and Councilmember Carter admitted confus ion regarding their s uppos ed as s igned roles in reviewing the market’s licens e agreement, leading to a delay in dis cus s ions. They committed to improving communication and ens uring a more s tructured approach moving forward. Dis cus sion turned to the impact of the recent hurricane, which required the market’s parking lot to be us ed for debris removal, dis placing vendors . Manager Davis explained that alternative locations had been explored but denied by the s tate, leaving the Town with no choice but to us e the current s ite. She apologized for communication laps es , citing that many s taff members , including hers elf, had limited access to phones and email during the cris is. Ms . Dineen clarified that their concerns were not a critique of the Town’s res pons e but a reques t for better planning in cas e of future dis ruptions . Additionally, dis cus s ions extended to unauthorized vendor activity outs ide of market overs ight. Ms . Dineen explained that a vendor s elling native plants with permis s ion from the Daniel Boone Native Gardens had s parked concerns , as they were not s ubject to the s ame application proces s and regulations as official market vendors . While the market s upported the gardens ’ fundrais ing efforts , they s ought clarity on how independent vendors operating outs ide market rules might impact fair competition. Attorney Meade noted that this is s ue fell outs ide the market’s licens e agreement, and Council members s ugges ted further dis cus s ion at a future meeting. Council member Plaag rais ed a concern regarding the application of the Farmers Market’s vendor policies , particularly regarding a pas t interaction with the Appalachian Abortion Support Collective. He noted that the group had been informed in April of the previous year that they would be required to pay a $25 fee to table at the market, des pite having tabled for free the year before. The jus tification given was that they were clas s ified as a political advocacy organization. Council member Plaag pointed out that the group’s s tated mis s ion was to provide information and s upport to individuals s eeking abortion s ervices in Wes tern North Carolina and that abortion was legal in the s tate. Additionally, the market’s communication had s pecified that the organization could dis tribute informational materials and s tickers but could not give away free items s uch as pregnancy tes ts and Plan B, des pite other vendors at the market being allowed to s ell medicinal products . Ms . Dineen acknowledged that there had been incons is tencies in applying their policies and took res pons ibility for the initial clas s ification of the group as a non-profit community organization. However, after further review, Ms . Dineen indicated that the board determined that the organization fell into the market’s fourth category, which included is s ue advocacy groups that required a participation fee. She clarified that while the group was s till welcome to participate in the market, the board had chos en to enforce their policy, which included charging the fee. Regarding the res triction on dis tributing medical s upplies , Ms. Dineen explained that this rule applied to all non-profit groups . While organizations were allowed to dis tribute informational materials , s he s tated they could not s ell or give away items at the market. Ins tead, they were encouraged to provide information on where s uch items could be obtained. Ms . Dineen emphas ized that the board viewed the market as a s pace for outreach and education, and their policies were intended to reflect that purpos e. To finis h the dis cus s ion, all parties , recognizing the need for better collaboration among all park-bas ed organizations , Council propos ed a work s es s ion for s takeholders , including the Farmers Market, Daniel Boone Native Gardens , and Horn in the Wes t, to ens ure coordinated planning. This meeting was s cheduled for March 7th at 9:00 a.m. in the Town Council Chambers , with the firs t portion of the meeting focus ing on dis cus sions with s taff regarding Town-wide planning cons iderations , followed by dedicated s takeholder dis cus s ions with each group. It was noted that each s ess ion was des igned to be informational rather than a commitment-making meeting, allowing time for gathering input before final decis ions were made. To ens ure fairnes s and efficiency, the Town Clerk was as s igned to manage the agenda and to randomly as s ign the s peaking order. Mayor Futrelle reas s ured s takeholders that the proces s would be trans parent and inclus ive, urging them to prepare their concerns , recommendations , and reques ts for dis cus s ion. CONSENT AGENDA Council member Ros eman made a motion to approve the following items on the Cons ent Agenda: 1. Budget Amendments & Re-encumbrances a. Fire Department TO:Maintenance to Vehicles Car 21 010-500-350-525301 $3,705.59 Maintenance to Vehicles Tower 1 010-500-350-525301 $7,081.03 Phys ical Exams Workmen’s Comp 010-500-350-509802 $120.00 FROM: Mis c. Revenue Car 21 010-000-000-48900 ($6,705.59) Mis c. Revenue Tower 1 010-000-000-489900 ($7,081.03) Mis c. Revenue Workmen’s Comp 010-000-000-489900 ($120.00) 1. Funds are to repair Car 21 when it was hit s hielding an accident s cene. 2. Funds are to repair Tower 1 compartment door damage. 3. Funds are for workmen's compens ation claim. 2. Contract Amendment – SDR ************************************************************************************* Council member Carter s econded the motion. Council member Plaag expres s ed frus tration with the quality of work by contractor SDR. Manager Davis agreed that s he was not pleas ed with their level of s ervice and would be hes itant to reengage with this firm in the future, s hould the need aris e. Public Works Director Moody als o agreed, but that the Town was s tuck with them for the time being. This motion carried unanimous ly. Mayor Futrelle declared a break at 7:50 p.m. Council reconvened at 8:02 p.m. PLANNING MATTERS CONSIDERATION OF ANNEXATION PETITION – ESTEP/RIVERS Deputy Director Wis e pres ented the annexation reques t and noted the application reques ted a R1 zoning des ignation. He als o noted an error on the Resolution – the date of the Public Hearing s hould be April 23, 2025, at 6 p.m. Council member Plaag noted that he was friends with both applicants and had worked with them, though he did not believe it impacted his ability to be impartial in a vote. Mayor Pro-Tem George made a motion to approve the Res olution, Setting the Date of Public Hearing as April 23, 2025, at 6 p.m. in the Council Chambers . Council member Ros eman s econded the motion, which carried unanimous ly. CONSIDERATION OF CASE HEARD AT JANUARY27, 2025 PUBLIC HEARING Cas e A24-0081 ASU – General Us e Zoning Map Amendment Mayor Pro-Tem George expres s ed frus tration with the initial media coverage of a recent is s ue involving this univers ity-owned property. He welcomed a new reporter from the Watauga Democrat and acknowledged the previous reporter's work but voiced dis appointment in how the s ituation was initially framed. He noted that the firs t report s ugges ted that the Town was s imply moving forward with additional s tudent hous ing without providing the broader context of the property’s his tory. Mayor Pro-Tem George member emphas ized that the property in ques tion was the former high s chool s ite, which has been owned by the univers ity for over a decade. He felt that the article failed to communicate this and other key background information, leading to mis conceptions among the public and generating unwarranted oppos ition toward the univers ity. He expres s ed concern that the way the s tory was pres ented fueled a perception of a land grab by the univers ity rather than reflecting the reality of long-term planning and owners hip. He further s tated that the coverage appeared to be des igned to provoke oppos ition and anger rather than providing a comprehens ive and balanced account of the s ituation. Mayor Pro-Tem George then made a motion, which was s econded by Council member Carter, that the propos ed amendment to the Town’s zoning map is cons is tent with the Town’s comprehens ive plan and any other adopted plans of the Town that are applicable becaus e the amendment becaus e the amendment is cons is tent with: Comprehens ive Plan Policy 2.1.1 Economic Development D. Economic development efforts s hall encourage the revitalization and reus e of currently unus ed or underutilized s tructures , s ites and infras tructure in appropriately located areas . Comprehens ive Plan Policy 2.3 The Community D. Coordinated, inter-governmental and univers ity-town planning for urban area land us e and development, trans portation, utilities , recycling, environmental management, law enforcement, education, recreation, touris m and economic development s hall be encouraged. VOTE: Aye: George, Carter, Tugman, Plaag Nay: None Abs tain: Ros eman Attorney Meade reminded Council member Ros eman of her duty as a Council pers on to vote. Mayor Pro-Tem George made a s econd motion to approve Ordinance A24-0081, and that approval is reas onable and in the public interes t becaus e it will allow the univers ity to utilize the property they have long owned to hous e more s tudents , alleviate the hous ing market, help with rental rates , and develop ongoing s tate-owned properties that are not on the tax roll. Council member Plaag s ugges ted a friendly amendment to include the Planning Commis s ion’s recommendation: "This is a partial piece of land that has not been in us e for a period of time, and it would be very beneficial to the whole community to put the property to us e.” Mayor Pro-Tem George accepted this amendment. Council member Plaag then s econded the motion. VOTE: Aye: George, Carter, Tugman, Plaag Nay: None Abs tain: Ros eman Cas e A25-0108 UDO Text Amendment – General Us e Zoning Map Amendment Council member Tugman made a motion that the propos ed amendment to the Town’s zoning ordinance is cons is tent with the Town’s comprehens ive plan and any other adopted plans of the Town that are applicable becaus e of: A. The protection and rehabilitation of viable neighborhoods s hall be encouraged to ens ure their continued exis tence as a major hous ing s ource and as a reflection of the area’s image as an attractive, highly livable community. F. The affordable hous ing needs of area res idents , particularly elderly and low to moderate-income res idents , s hall be recognized in Town policies and actions regarding res idential development. Council member Ros eman s econded the motion, which carried unanimous ly. Council member Tugman made a s econd motion to approve Ordinance A25-0108, and that approval is reas onable and in the public interes t becaus e it facilitates affordable hous ing in an emergency s ituation and gets the community back up and running to its prior s tate. Council member Plaag s econded the motion, which carried unanimous ly. REQUEST FOR DISCUSSION AND POTENTIAL ACTION REGARDING LOCAL HOUSING BILL Manager Davis noted that Doug Mathes on, a Council member from Blowing Rock, had initially approached Mayor Futrelle to gauge interes t in participating. Since then, s he indicated dis cus s ions had taken place with Blowing Rock Manager Shane Fox, who indicated an interes t in purs uing workforce hous ing and offered the Town an opportunity to s ign onto the propos al. Council members reviewed the propos al's language, noting concerns about its wording, which currently grouped the Town of Boone, the Town of Blowing Rock, and the Watauga County Board of Education as a collective entity. Attorney Meade s ugges ted that the language be revis ed to reflect that Boone’s participation could be independent rather than requiring all three entities to act jointly. Members agreed that it would not be practical for Boone to enter a joint venture with Blowing Rock, as the two towns did not s hare juris dictional land. Manager Davis confirmed that the propos al that Repres entative Pickett had s pons ored the propos al at the s tate level. Council members expres s ed overall s upport for the initiative, emphas izing that affordable workforce hous ing was a priority. Council member Carter voiced s trong s upport, s tating he would not oppos e an initiative aimed at providing affordable hous ing for local employees . He also agreed with the need to modify the language for clarity. He then made a motion to move forward with participation, with the unders tanding that the language of the propos al would be adjus ted to reflect independent participation by the Town of Boone. Council member Plaag s econded the motion before the floor was opened to comments . Is s ues were rais ed regarding whether this initiative was an extens ion of previous dis cus s ions held las t year concerning the Watauga County Board of Education and its foundation exploring hous ing s olutions . Council member Tugman noted that the Board of Education and its foundation had s hown interes t in applying for s pecific grant funding, but it was unclear whether this propos al was connected to thos e efforts . Mayor Futrelle confirmed that there had been no direct dis cus s ions with the Board of Education or its foundation regarding this propos al and that the current dis cus s ions had only involved Blowing Rock Manager Shane Fox. With no further dis cus s ion, Council proceeded to a vote, and the motion to move forward with participation pas s ed unanimous ly. REQUEST FOR DISCUSSION AND POTENTIAL ACTION REGARDING WAYS TO BETTER UTILIZE EVENING TOWN COUNCIL MEETINGS Mayor Pro-Tem George made a motion to table this dis cuss ion. Council member Carter s econded the motion and s ugges ted dis cus sing the item during the next work s es s ion in March. The motion carried unanimous ly. DISCUSSION REGARDING FEDERAL POLICY CHANGES Council revis ited dis cus s ions from the February 12, 2025, meeting regarding recent policy changes , federal grant res trictions , their impact on local agencies , and broader concerns about data s ecurity. It was noted that Council had previous ly tas ked two members , Council members Ros eman and Plaag, with drafting a res olution on thes e iss ues . After completing a draft res olution, the members recons idered the approach, determining that gathering direct input from the community would be more beneficial than making as s umptions bas ed on their own obs ervations . To facilitate this , Council member Plaag s ugges ted hos ting a town hall event where res idents could voice concerns about how federal actions affected local agencies and the community. He s tated the purpos e of this event would be to allow Council to repres ent the concerns of their cons tituents better and, when appropriate, convey thos e concerns to s tate and federal repres entatives . Members dis cuss ed the importance of inviting key federal repres entatives to the town hall event. Dr. Virginia Foxx, the dis trict’s U.S. House Repres entative, was sugges ted as a primary gues t, given her role in federal decis ion-making. It was als o s ugges ted that Senators Tillis and Budd be invited to ens ure broader repres entation and increas e the likelihood of federal officials hearing directly from the community. Members agreed that having as many repres entatives as pos s ible in attendance would be beneficial. Council member Plaag expres s ed deep concern about the uncertainty s urrounding federal policies and their impacts on local governance. He described the s ituation as chaotic and unpredictable, likening it to a bull in a china s hop, where every s tep taken ris ked further dis ruption and unintended cons equences. Members agreed to move forward with planning the town hall event, emphas izing the need for broad community participation and engagement to ens ure that local voices were heard at both the s tate and federal levels . Council member Ros eman emphas ized her dis like for political bullying and the uncertainty caus ed by current federal policies . However, Attorney Meade cautioned that while it was important to voice concerns , the Town s hould avoid language that could inadvertently make it a target for political or financial repercus s ions . She s tres sed the importance of protecting the Town’s financial interes ts , particularly given the millions of dollars in federal funding at s take. She urged Council to approach dis cus sions with careful language to ens ure that advocating for cons tituents did not put the town at unneces s ary ris k. Council member Carter acknowledged thes e concerns , s tating that he unders tood the anxiety s urrounding the s ituation but emphas ized the need for careful, meas ured res pons es . Mayor Pro-Tem George als o s upported moving forward with the town hall, referencing earlier dis cus s ions with lobbyis ts and reaffirming that local governments play a crucial role in amplifying the voices of their cons tituents effectively and appropriately. The dis cus s ion concluded with a general agreement to proceed with planning the town hall event, ens uring that key federal repres entatives were invited and that the dis cuss ion remained cons tructive and beneficial to the Town and its res idents . The council discuss ed potential dates and venues for the propos ed town hall event. It was noted that Repres entative Foxx's congres s ional dis trict days —when s he was expected to meet with cons tituents —could be an optimal time for the event. March 13 was identified as the next available non-Friday dis trict day, but Town s taff confirmed that the Council Chambers would not be available on that date. Council agreed on the importance of choos ing a date aligned with congres s ional availability to increas e the likelihood of s ecuring federal repres entatives ' attendance but als o emphas ized the urgency of gathering community input s ooner rather than later. A cons ens us emerged around the need for an evening meeting, as it was believed this would maximize public participation. Council member Tugman rais ed concerns that if the event were well-publicized and widely attended, the current Council Chambers would not be able to accommodate the expected crowd. She s ugges ted utilizing the Watauga County Courthous e's main courtroom, which was noted for its capacity and formal s etting. Members agreed that us ing a larger, neutral s pace could help facilitate a more productive and well-organized dis cus s ion. It was s ugges ted that s taff res earch upcoming dis trict days and propos e two or three viable options rather than relying s olely on a s ingle date. While the week of Eas ter break in March was identified as a congres s ional reces s, it was acknowledged that repres entatives might have pers onal or travel commitments during that time, making it an uncertain option for s cheduling. FURTHER DISCUSSION OF POSSIBLE LOCAL ACT RELATING TO SYSTEM DEVELOPMENT FEES Attorney Meade pres ented an item for dis cus sion regarding the development of a local act to allow s mall bus ines ses and s tartups to pay s ys tem development fees in ins tallments . She indicated that a draft act was s hared with Lobbyis t Nathan Honaker and s tructured to capture s mall bus ines s efforts while excluding minimal-us e cas es where ins tallment plans would be impractical. The propos ed range was 2,500 to 3,250 gallons per day, equating to fees between $5,000 and $30,000. Attorney Meade indicated that the draft act propos ed allowing ins tallment payments for up to three years with interes t charges , s ubject to local government dis cretion. She s tated that Repres entative Pickett and local bus ines s owner Seth Norris res ponded pos itively to the propos al, which was later es calated to cons ideration as a s tatewide act ins tead of a local one. Council members expres s ed optimis m about the initiative, with Council member Carter emphas izing the pos itive impact on s mall bus ines s es s tatewide. He acknowledged the board's commitment to finding a s olution to s tartup cos ts and noted that the Chamber of Commerce had res ponded favorably. Concerns were rais ed about the act’s potential trans formation at the s tate level, as different municipalities may have different s tandards for meas uring water us age. Council members remained hopeful but acknowledged the need to monitor legis lative developments clos ely and to potentially have repres entatives from the town pres ent when the bill was open for public comment at the General As s embly. DISCUSSION AND POTENTIAL ACTION REGARDING WYN PROPERTY Manager Davis updated Council on inquiries regarding the us e of the WYN Property for a temporary childcare facility. She confirmed that a few Council members had as ked about reaching out to Appalachian State Univers ity (ASU) regarding its potential interes t in utilizing the property for childcare expans ion. Council members dis cus s ed potential cos ts as s ociated with bringing the facility up to code. Manager Davis noted that while the Town would not as s ume the full cos t of renovations , s ome expens es —s uch as improving driveway acces s —might need to be cons idered. Council agreed to firs t gauge ASU’s interes t before making financial commitments . Council member Plaag s ugges ted cons idering the WYN Property for future employee hous ing projects . Combined with the adjacent water tower property, he believed it could be an ideal s ite for workforce hous ing initiatives . CLOSED SESSION Upon a motion by Mayor Pro-Tem George, s econded by Council member Plaag, Council voted unanimous ly to enter into clos ed s es sion at 8:45 p.m. purs uant to: 1.N.C. Gen. Stat.§ 143-318.11(a)(1), to review, approve and s eal clos ed s es s ion minutes from Council's prior clos ed s ess ion(s ). 2.N.C. Gen. Stat.§ 143-318.11(a)(3), to cons ult with the Town Attorney in order to pres erve the attorney-client privilege between the attorney and the Town Council and obtain legal advice, cons ider and/or give ins tructions to the attorney concerning one or more potential legal claims . Upon a motion by Council member Plaag, s econded by Mayor Pro-Tem George, Council voted unanimous ly to exit clos ed s es sion at 9:29 p.m. Mayor Futrelle adjourned the meeting at approximately 9:30 p.m.

Agenda

Town of Boone Town Council Regular Meeting 6:00 PM, February 26, 2025 Town Council Chambers 1500 Blowing Rock Road Public Comment: (Remote): Individuals who wish to address Council remotely can do so through WebEx either online or by phone. If you wish to provide public comment remotely, please email Town Manager, Amy Davis at meetings@townofboone.net or call in at 828-268- 6200 and you will be provided with an invite to the meeting. All registrations must be completed by 12:30 PM the day prior to the meeting. Staff will moderate the WebEx session to ensure all participants have an opportunity to address Council. I. Call to Order II. Moment of Silence III. Announcements 1. Lobbyist Update IV. Tentative Agenda Adoption V. Approval of Proclamations and Resolutions 1. Approval of Proclamation - Herbert Cleveland Moretz, Jr. Day For Action Requested Appearances Requested Appearance - Daniel Boone Native Gardens For Action and Information Requested Appearance - Michelle Dineen - Watauga County Farmers Market VI. Public Comment VII. Approval of Items on Consent Agenda 1. Approval of Budget Amendments 2. Approval of Contract Amendment - SDR VIII. Planning Matters 1. Consideration of Annexation Petition - Estep/Rivers For Action 2. Consideration of Case Heard at January 27, 2025 Public Hearing For Action Town of Boone Town Council February 26, 2025 1 3. Consideration of Case heard at the February 24, 2025 Special Public Hearing IX. Council Matters 1. Request for Discussion and Potential Action Regarding Local Housing Bill 2. Request for Discussion and Potential Action Regarding Ways to Better Utilize Evening Town Council Meetings 3. Further Discussion of Possible Local Act Relating to System Development Fees 4. Discussion and Potential Action Regarding WYN Property X. Closed Session 1.N.C. Gen. Stat.§ 143-318.11(a)(1), to review, approve and seal closed session minutes from Council's prior closed session(s). 2.N.C. Gen. Stat.§ 143-318.11(a)(3), to consult with the Town Attorney in order to preserve the attorney-client privilege between the attorney and the Town Council and obtain legal advice, consider and/or give instructions to the attorney concerning one or more potential legal claims. XI. Potential Action Following Closed Session XII. Adjournment Town of Boone Town Council February 26, 2025 2