Town Council — Boone, NC
Date: 2025-05-14

Town of Boone
 Town Council Regular Meeting
 9:00 AM, May 14, 2025
 Town Council Chambers
 1500 Blowing Rock Road


 I. Call to Order

 II. Moment of Silence

 III. Announcements

 1. Announcement of Board Vacancies
 For Information

 IV. Listening Session for Constituent Concerns Regarding the Current Federal
 Administration
 The Boone Town Council invites its constituents who would like to share concerns
 about the current federal administration and how it is directly affecting them and/or the
 community.

 V. Tentative Agenda Adoption

 VI. Approval of Proclamations and Resolutions

 1. Approval of Proclamation - Mental Health Awareness Month
 For Action

 2. Approval of Proclamation - Asian American, Native Hawaiian, and Pacific
 Islander Month
 For Action

 3. Approval of Resolution - Endangered Species Day
 For Action

 VII. Work Session

 1. Discussion and Potential Action Regarding Ice House Alley
 For Action

 2. Town Attorney Work Session Discussion
 For Information/Action

 VIII. Public Comment

 IX. Approval of Items on Consent Agenda

 1. Letter of Support for Town Staff's Application for the NCDOT Toll Credit Pilot
 Program
 Approval of the attached letter of support for the NCDOT Toll Credit Pilot
 Program for Federal-aid Projects with Local Match to offset the increased local
Town of Boone Town Council May 14, 2025
 1
 match requirements for the Grove Street Connector Project.

 2. Ordinance Establishing Bird Sanctuary Within the Town's Corporate Limits
 For Action

 3. Approval of Agreement - Downtown Boone Development Association, Inc.
 For Action

 4. Approval of Budget Amendments
 For Action

 5. Approval of Minutes
 For Action

 X. Planning Matters

 1. Public Hearing on Case A24-0940 Estep/Rivers Satellite Annexation
 For Action

 2. Consideration of Case A25-0164 Estep/Rivers - General Use Zoning Map
 Amendment
 For Action

 3. Consideration of Ordinance to Extend Corporate Limits - Case A24-0940
 Estep/Rivers Satellite Annexation
 For Action

 4. Consideration of Draft Conditional District Zoning Map Amendment UDO Text
 Changes.
 For Action

 XI. Council Matters

 1. Consideration and Approval of Amendments to Chapter 50 Regarding Water
 Meters
 For Action

 2. Minor Amendments to Chapter 70 (General Provisions Governing Traffic Title
 VII) and Chapter 72 (Parking) of Town Code
 For Action

 3. Request for Direction Regarding License Agreement - DRABA Vintage Market
 For Action

 4. Request to Direct Historic Preservation Commission to Prepare Markers for
 Clawson-Burnley Park
 For Action

 5. Appointment to Cultural Resources Advisory Board
 For Action

 6. Appointment to Human Relations Commission
Town of Boone Town Council May 14, 2025
 2
 For Action

 XII. Mayor Report

 XIII. Town Manager Report

 XIV. Town Attorney Report

 XV. Board Liaison Report

 XVI. 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.

 XVII. Potential Action Following Closed Session

 XVIII. Adjournment




Town of Boone Town Council May 14, 2025
 3

MINUTES – REGULAR MEETING
 BOONE TOWN COUNCIL
 MAY 14, 2025

CALL TO ORDER

A regular meeting of the Boone Town Council was called to order at 9:00 a.m. on
Wednesday, May 14, 2025, in the Boone Town Council Chambers located at 1500
Blowing Rock Road in Boone. Mayor Tim Futrelle presided. Council members present
included Todd Carter, Virginia Roseman, Edie Tugman, and Eric Plaag. Staff present
included Town Manager Amy Davis, Town Clerk Nicole Harmon-Church, Planning
Director Jane Shook, Public Works Director Todd Moody, Deputy Planning Director
Brandon Wise, Sustainability and Special Projects Manager George Santucci, Interim
Police Chief Daniel Duckworth, Cultural Resources Director Mark Freed, Human
Resources Director Dale Presnell (remote), and Downtown Boone Development
Coordinator Lane Moody. Town Attorney Allison Meade was also in attendance.
MOMENT OF SILENCE
A brief moment of silence was held.
Council Member Carter made a motion to amend the agenda by rearranging the order
of items to move Public Comment before the Listening Session, to remove item number
four under Planning Matters, and to move the Work Session to follow Council Matters.
Council Member Plaag seconded the motion.
 VOTE: Aye: Carter, Plaag, Roseman, Tugman
 Nay: None
 Absent: George

ANNOUNCEMENTS

Mayor Futrelle announced the following board vacancies:


BOARD OF ADJUSTMENT
Four regular positions, three alternate positions

CULTURAL RESOURCES ADVISORY BOARD
Two vacant positions

DOWNTOWN BOONE DEVELOPMENT ASSOCIATION
One Council-appointed position

HISTORIC PRESERVATION COMMISSION
Three regular positions
HUMAN RELATIONS COMMISSION
Three regular positions

PLANNING COMMISSION
One student position, one regular position, one regular position (renter)

SUSTAINABILITY COMMITTEE
Two regular positions, three student positions


PUBLIC COMMENT

There were no speakers signed up for regular public comment.

LISTENING SESSION FOR CONSTITUENT CONCERNS REGARDING THE
CURRENT FEDERAL ADMINISTRATION

Donna Lisenby thanked Council members for their time and referenced the Declaration
of Independence in her remarks. She compared President Trump’s actions to those of
King George III, referring to him as a tyrant. She concluded by inviting members to
attend No King’s Day in Boone on June 14th.
Cindy Darcy emphasized the importance of Diversity, Equity, and Inclusion (DEI) and
shared that she had retired as an Exceptional Children (EC) teacher during the COVID-
19 pandemic. Ms. Darcy stressed the need for continued DEI support beyond
graduation and reminded the Council that individuals were not the enemy in this
situation and deserved a seat at the table.

L.A. Middlesteadt expressed concern that the checks and balances that once made
America exceptional were fading. She emphasized the importance of due process as
guaranteed by the Fifth Amendment and voiced alarm over what she perceived as its
erosion. Ms. Middlesteadt also raised concerns about the rollback of environmental
protections, cuts to the VA and Head Start programs, and what she described as blatant
corruption in government.

Margaret Butler shared that Congresswoman Virginia Foxx had encouraged everyone
to remember law enforcement on this day, which she agreed was important, noting that
laws must be in place in order to be enforced. She expressed fear about her daughter
potentially losing her job and discussed how the situation could impact her entire family,
including her disabled grandson and elderly mother. She emphasized that these issues
and the political climate would affect everyone.

Amber Bateman of the Watauga Arts Council, speaking on behalf of the local arts
community, urged the Council to adhere to the guidelines established last year to
allocate 40% of outside agency funding to the arts. She expressed concern and
disappointment that the guidelines were not followed in the previous funding cycle and
emphasized the importance of supporting the arts. Council Member Carter, who had
been involved in last year’s reorganization efforts, clarified that the guideline set aside
up to 40% of the total outside agency funding amount for the arts, not a guaranteed
40%.
Hilda Downer, Poet Laureate and mother of a master fiddler, encouraged the Council to
consider providing the Watauga Arts Council with adequate funding to ensure it can
flourish and continue supporting the local arts community.
Edie Tugman, speaking as a citizen of Boone, read a letter from the Episcopal Migration
Ministries, highlighting the organization’s work with refugees and its relevance to the
Council’s discussions regarding the turmoil in the current political climate.
Virginia Roseman, speaking as a citizen of Boone, emphasized that everyone deserved
representation and encouraged attendees to voice their concerns not only to the Town
Council but also to other government agencies. She reminded the audience that elected
officials serve the people and stressed the importance of mobilizing and making their
voices heard.
Eric Plaag, speaking as a citizen of Boone, identified himself as a historian and author
who was well-versed in the erosion of rights, expressed concern that efforts were being
made to confuse and disempower the public. He recommended the book On Tyranny
by Timothy Snyder and urged individuals to speak with others directly to help them
understand their rights and how to protect themselves.
Jennifer Kirby expressed her support for the ideas shared by others and agreed on the
need to look for bright spots amid challenges. She referenced justsecurity.org, noting its
success in winning lawsuits, and urged everyone to hold onto even the smallest hope.
She cautioned that efforts to scare individuals only lead to distrust and fear among one
another.
Todd Carter, speaking as a citizen of Boone, told the story of Andry José Hernández
Romero, a 31-year-old gay Venezuelan asylum seeker, who was deported from the
U.S. to El Salvador in March 2025 under the Alien Enemies Act. Despite having no
criminal record, he was accused, based on misunderstood tattoos, of gang affiliation.
Alana Baird expressed that she felt scared and saddened by the direction the country is
heading. She shared that it breaks her heart to see the impact on students at
Appalachian State University, noting that more students were dropping out now than
ever before.
Debra Berry encouraged members of the audience to contact representatives with
concerns about the current federal administration.
TENTATIVE AGENDA ADOPTION
Upon a motion by Council Member Carter, seconded by Council Member Roseman,
Council voted to approve the agenda as amended.
 VOTE: Aye: Carter, Plaag, Roseman, Tugman
 Nay: None
 Absent: George


APPROVAL OF PROCLAMATIONS AND RESOLUTIONS
Council Member Roseman delivered a heartfelt speech emphasizing the importance of
mental health awareness and shared that several of her loved ones had experienced
mental health challenges. She then read the following proclamation into the record:

 PROCLAMATION IN SUPPORT OF MENTAL HEALTH AWARENESS MONTH
 TOWN OF BOONE, NORTH CAROLINA

WHEREAS, mental health is essential to everyone’s overall health and well-being, and all
people experience times of difficulty and stress in their lives; and

WHEREAS, mental illnesses are common and treatable, yet stigma and misunderstanding
persist, discouraging many individuals from seeking the support and treatment they need;
and

WHEREAS, the Town of Boone recognizes that mental health conditions are real and
prevalent in our community, affecting residents of all ages, races, genders, and
backgrounds; and

WHEREAS, organizations such as the National Alliance on Mental Illness (NAMI) play a
vital role in raising awareness, providing education, fighting stigma, and offering resources
and support to individuals and families affected by mental health conditions; and

WHEREAS, Mental Health Awareness Month, observed each May, provides an opportunity
to reflect on the importance of mental health, to advocate for policies that support mental
well-being, and to show compassion and support for those living with mental illness; and

WHEREAS, through public education and community engagement, the Town of Boone
seeks to foster an environment where mental health is prioritized, support is accessible,
and all individuals are treated with dignity and respect;

NOW, THEREFORE, I, Tim Futrelle, Mayor of the Town of Boone, North Carolina, and on
behalf of the Boone Town Council, do hereby proclaim May 2025 as Mental Health
Awareness Month in the Town of Boone, and encourage all residents to join in promoting
mental wellness, supporting those in need, and working to eliminate stigma surrounding
mental illness.

 This is the 14th day of May 2025.
 Tim Futrelle, Mayor
Attest:


Nicole Harmon, Town Clerk


Council Member Carter read the following proclamation into the record:
 TOWN OF BOONE PROCLAMATION IN HONOR ASIAN AMERICAN, NATIVE HAWAIIAN
 AND PACIFIC ISLANDER MONTH


 WHEREAS, Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage
 Month, observed each May, is a celebration highlighting the diverse history and cultures of
 Asians, Native Hawaiians, and Pacific Islanders throughout the United States. AANHPI
 contributions have and continue to impact American life in all aspects, from science and
 medicine, literature and art, sports and recreation, government and politics to activism
 and law; and

 WHEREAS, this commemoration, first known as Asian/Pacific American Heritage Week,
 was signed into law as a joint resolution by President Jimmy Carter in 1978. Twelve years
 later, Congress expanded the observance from a week to a month. In 1992, President
 George H.W. Bush designated May as Asian/Pacific American Heritage Month. In 2009,
 during the Barack Obama Presidential Administration, this tribute was renamed Asian
 American and Pacific Islander Heritage Month. On April 30, 2021, President Joe Biden
 signed Proclamation 10189, recognizing the month of May as Asian Americans, Native
 Hawaiian, and Pacifica Islander Heritage Month; and

 WHEREAS, the month of May was selected to acknowledge the first Japanese immigrants to
 America on May 7, 1843, and the completion of the first transcontinental railroad in the
 States by Chinese laborers on May 10, 1869, also known as Golden Spike Day; and,

 WHEREAS, Asian Americans across the United States can trace their roots to more than
 20 countries in East and Southeast Asia, the Indian subcontinent, and the Pacific Islands,
 each with unique histories, cultures and languages and North Carolina has been home to
 members of the Asian American and Pacific Islander communities since the mid-19th
century, when the first Chinese immigrants began to settle in the state; and

WHEREAS, throughout history, many Asian American and Pacific Islanders have faced
adversity and yet, through their strength and persistence, have become leaders and
trailblazers; and

WHEREAS, this year’s theme, ““A Legacy of Leadership and Resilience.” pays tribute to
the AANHPI trailblazers and leaders like Lieutenant Susan Ahn Cuddy, first Korean
American woman in the U.S. military and the first female Navy gunnery officer, The
late Congressman Dalip Singh Saund, the first person of Asian descent to be elected to
the U.S. House of Representatives in 1956, and the late Secretary of
Transportation Norman Mineta who overcame racial injustice as a child of Japanese
immigrants in a World War II internment camp to serve in the U.S. Army, U.S. Congress,
and the Cabinet of Presidents Bill Clinton and George W. Bush, whose resilience and
courage have paved the way for future generations; and
WHEREAS, the Mayor and Town of Boone Council recognizes and honors the many ways
that Asian American and Pacific Islanders enrich the fabric of our town and strengthen
Boone’s culture while also rededicating ourselves to address the lack of equal access to
opportunity that many still face; and

WHEREAS, we reaffirm that diversity is one of our greatest strengths. We also
acknowledge the Asian American and Pacific Islanders leaders who have stayed in the
struggle for equal justice to ensure that everyone can contribute their talents and have the
opportunity to thrive; and

NOW, THEREFORE, BE IT RESOLVED, that the Town of Boone Mayor and Council do
hereby proclaim May as Asian American, Native Hawaiian, and Pacific Islander (AANHPI)
Heritage Month Heritage Month and encourage all residents to celebrate our unique and
vibrant history and recommit ourselves to a shared future of healthy, peaceful, safe, and
sustainable communities for all.


This is the 14th day of May 2025.

 _________________________________
 Tim Futrelle, Mayor
ATTEST:


___________________________________(SEAL)
Nicole Harmon-Church, Clerk
Council Member Plaag thanked Mayor Pro-Tem George for his work on the following
resolution before reading it into the record:
 RESOLUTION
 Designating May 16, 2025, as ‘‘Endangered Species Day’’

Whereas, plants and wildlife provide incalculable services for humankind, including
health, cultural, economic, recreational, and spiritual benefits, among others;

Whereas, in the United States and around the world, more than 2,300 species are
recognized as at risk of extinction now or in the foreseeable future, and many more are
experiencing declines in populations and future viability;

Whereas, the planet is experiencing a biodiversity crisis, which many scientists
conclude is the sixth mass extinction event, with plant and wildlife species across the
globe facing heightened risk of extinction that is largely driven by human activity;

Whereas, the United States has prioritized the conservation and recovery of imperiled
species by enacting the Endangered Species Act of 1973 and other landmark
conservation statutes;

Whereas, conservation and protection efforts implemented under the Endangered
Species Act of 1973 have successfully prevented the extinction of more than 99 percent
of species designated as threatened or endangered;

Whereas, North Carolina is home to hundreds of endangered and threatened species,
all of which deserve to thrive in their native habitats;

Whereas, Boone has been heavily invested in the restoration of waterways and
conservation efforts, preserving habitat for threatened species like the Eastern
Hellbender;

Whereas, the protection and recovery of species under the Endangered Species
Act of 1973 is a remarkable success that should be celebrated:

Now, therefore, be it resolved that the Town of Boone designates May 16th, 2025 as
Endangered Species Day and encourages the Town and its citizens to work towards the
conservation of endangered and threatened species everywhere;

Be it further resolved that the Town of Boone sends a copy to our U.S House
Representative, Dr. Foxx, and Senators Tillis and Budd showing appreciation
for the federal tools provided for conservation.
 This is the 14th day of May 2025.
 Tim Futrelle, Mayor
Attest:


Nicole Harmon, Town Clerk


Council Member Plaag made a motion to approve the following documents:

 1. Proclamation – Mental Health Awareness Month
 2. Proclamation – Asian American, Native Hawaiian, and Pacific Islander Month
 3. Resolution – Endangered Species Day

Council Member Roseman seconded the motion.

 VOTE: Aye: Carter, Plaag, Roseman, Tugman
 Nay: None
 Absent: George

APPROVAL OF ITEMS ON CONSENT AGENDA

Council Member Plaag made a motion, which was seconded by Council Member
Carter, to approve the following items on the Consent Agenda:


 1. Letter of Support for Town Staff’s Application for the NCDOT Toll Credit Pilot
 Program
 2. Ordinance Establishing Bird Sanctuary Within the Town’s Corporate Limits
 3. Agreement – Downtown Boone Development Association, Inc.
 4. Budget Amendments:
 a. Police Department

TO: Advertising 010-500-300-527001 87.00
 Sale of Surplus
FROM: 010-000-000-481200 87.00
 Property

****************************************************************************************************
 b. Cultural Resources
 010-418-000-
TO: CR Boonerang 147,627
 549139
 Boonerang- 010-000-000-
FROM: 147,627
 Contributions/Donations 482206

 5. Minutes:
 a. February 12, 2025, Regular Town Council Meeting
 b. April 9, 2025, Regular Town Council Meeting
 c. April 23, 2025, Regular Town Council Meeting

In response to a question from Council Member Tugman regarding toll credits, Public
Works Director Todd Moody explained that North Carolina offers one of the best
programs he has seen to help complete the PATH project. He reported that the updated
project cost is $9 million and that the toll credits would cover the required local match.
He expressed hope that federal funding would increase to cover the rising costs. He
clarified that there are no tolls planned in Boone. The item was received as information.

 VOTE: Aye: Carter, Plaag, Roseman, Tugman
 Nay: None
 Absent: George

PLANNING MATTERS

Public Hearing on Case A24-0940 Estep/Rivers Satellite Annexation

Mayor Futrelle opened the public hearing at 10:27 a.m. Council Member Plaag noted
that the applicants were dear friends of his, but this fact would not affect his ability to be
impartial. Hearing no comments from the audience or online, Mayor Futrelle closed the
public hearing at 10:27 a.m.

Consideration of Case A25-0164 Estep/Rivers - General Use Zoning Map
Amendment

Deputy Planning Director Brandon Wise presented the case and noted that an R-1
zoning designation with a viewshed overlay was recommended. Council Member
Roseman made a motion that the proposed amendment to the Town’s zoning map is
consistent with the Town's comprehensive plan and any other adopted plans of the
Town that are applicable because of:

Comprehensive Plan Policy 2.1.1 Economic Development
D. Economic development efforts shall encourage the revitalization and reuse of
currently unused or underutilized structures, sites and infrastructure in appropriately
located areas.

Comprehensive Plan Policy 2.2.2 Utilities
C. The Town shall consider the highest level of participation in the cost of providing
water and sewer services within the Primary Growth Area with the next highest level of
participation considered for the Secondary Growth Area.

Comprehensive Plan Policy 2.3.3 Housing and Neighborhoods
F. The affordable housing needs of area residents, particularly elderly and low to
moderate income residents, shall be recognized in Town policies and actions regarding
residential development.

Council Member Carter seconded the motion.

 VOTE: Aye: Roseman, Carter, Tugman, Plaag
 Nay: None
 Absent: George

Council Member Roseman then made a second motion to approve Ordinance A25-0164
within Exhibit A, and that approval is reasonable and in the public interest because it will
allow Boone to extend its corporate limits and bring new people into the community for
more tax dollars. Council Member Carter seconded the motion. Council Member Plaag
offered a friendly amendment to the motion to add that this would allow a family that has
long desired to live in Boone but has not been able to afford to do so to be located
within the Town limits. Council Members Roseman and Carter accepted the
amendment.
 VOTE: Aye: Roseman, Carter, Tugman, Plaag
 Nay: None
 Absent: George

CONSIDERATION OF ORDINANCE TO EXTEND CORPORATE LIMITS - CASE A24-
0940 ESTEP/RIVERS SATELLITE ANNEXATION
Council Member Carter made a motion to approve the Ordinance to Extend Corporate
Limits for Case A24-0940. Council Member Roseman seconded the motion.
 VOTE: Aye: Carter, Roseman, Tugman, Plaag
 Nay: None
 Absent: George


Mayor Futrelle called for a break at 10:32 a.m. Council reconvened at 10:41 a.m.
CONSIDERATION AND APPROVAL OF AMENDMENTS TO CHAPTER 50
REGARDING WATER METERS
Town Attorney Allison Meade introduced proposed amendments to Chapter 50 in
reference to a request made recently by AppState’s Matt Dull regarding allowing master
meters for multifamily residential units in buildings containing five or more residential
units. Attorney Meade stated the changes were minimal and aimed to remain revenue-
neutral regarding rates and fees. Manager Davis noted that under the current
ordinance, changes to billing would result in a loss of revenue. Ms. Meade reiterated
that the amendment was drawn to be revenue-neutral. Public Works Director Todd
Moody confirmed that discussions with staff indicated the same level of revenue could
be maintained, but structural changes to billing formats would be necessary.
Attorney Meade briefly explained how master meters functioned. Council Member Plaag
asked whether the minimum charge would differ between a 4-bedroom unit and a 1-
bedroom unit. Director Moody responded that the charge would be the same for both
units. Council Member Plaag expressed concern about the perceived inequity,
suggesting that the ordinance unintentionally forced single tenants to subsidize larger
households, such as four students living together. He added that Mayor Pro-Tem
George, who was absent, had emphasized that the Town should insist on further
discussion with AppState on other matters to go hand in hand with this matter, and he
could not support the ordinance as presented. Attorney Meade clarified that she had not
understood any such direction from Council, nor had communicated any such need to
AppState. She had understood that there was full consensus to proceed with changing
the master meter rules for multifamily. She noted that AppState was working under a
tight deadline.
Council Member Carter asked whether considering this item at the second monthly
meeting would still allow AppState to meet their timeline. Planning Director Jane Shook
explained that while AppState’s parking-related request had previously been delayed for
further discussion, the water meter component was separate, and she agreed with
Attorney Meade that Council had indicated consensus to proceed. She added that Mr.
Dull had indicated AppState could monitor water usage without individual unit meters.
Council Member Carter agreed with Director Shook’s recollection of events and
supported moving forward with the Chapter 50 amendments. Attorney Meade noted that
construction plans needed to be finalized before proceeding with bid solicitation, which
is why time was of the essence for AppState. Council Member Roseman expressed
uncertainty about whether the Town had the authority to regulate how landlords billed
tenants within a master meter framework. Council Member Tugman agreed and
supported proceeding with the motion.
Council Member Plaag referenced the meeting minutes to confirm prior discussions.
Attorney Meade proposed an amendment to the ordinance language on page 169,
changing “new development” to “new building”. Council Member Carter moved to
approve the ordinance with this amendment. Council Member Tugman seconded the
motion, and Mayor Futrelle called for discussion. Council Member Roseman inquired
about the potential to apply the ordinance conditions through a Conditional District.
Attorney Meade responded that lawful impact-based conditions could be imposed in a
CD, and although requiring single meters might be justified, it would be a high threshold.
Council Member Roseman then asked if billing by room could be required; Attorney
Meade replied that she believed doing so would be beyond the Town’s lawful authority.
Attorney Meade clarified that the amended ordinance would apply to all incoming
developments. Council Member Plaag asked whether Manager Davis’ concerns had
been addressed in terms of billing and revenue. Manager Davis replied that staff would
find a way to make things work.
 VOTE: Aye: Carter, Tugman
 Nay: Roseman, Plaag

To break the tie, Mayor Futrelle was asked to cast a vote. Mayor Futrelle voted in favor
of the amendment. Attorney Meade noted that the ordinance would have to come back
to Council for consideration at the second May meeting, since an ordinance was
required to be passed by a supermajority on the first reading. She added that the
ordinance was only required to be passed by the majority at the second consideration.



 Ordinance
 #

 AN ORDINANCE TO AMEND THE TOWN OF BOONE CODE OF
 ORDINANCES SECTION 50.109 TO MODIFY REQUIREMENTS FOR
 METER INSTALLATION FOR MULTI-FAMILY RESIDENTIAL
 DEVELOPMENT

 WHEREAS, current regulations set forth at Town Code 50.109 require individual
metering of all residential units in multifamily buildings;

 WHEREAS, such individual metering imposes substantial additional costs of
construction as well as additional costs of future maintenance and repair, both of which get
passed on to residents of such units as substantially higher housing costs;

 WHEREAS, the justification for requiring individual metering for residential units has
been to encourage water conservation, but such water conservation is now likely minimal due
to modern efficient plumbing fixtures, and the town now has significant excess capacity in its
raw water intake and treatment facilities, and the town also enjoys an efficient water supply
system whereby over 98% of the water that the town treats and uses is returned to the watershed
from which the town draws its water; and

 WHEREAS, in light of the foregoing, possible gains in water conservation from
mandatory individual water metering are now heavily outweighed by the additional housing
costs imposed by mandatory individual water metering;

NOW THEREFORE, BE IT ORDAINED BY THE BOONE TOWN COUNCIL THAT:
SECTION 1. Section 50.109 of the Boone Code of Ordinances is hereby revised as set forth in
 the attached Exhibit A to this Ordinance, which is incorporated by reference.

SECTION 2. All provisions of any Town ordinance in conflict with this ordinance are hereby
 repealed to the extent of such conflict.

SECTION 3. In the event any section, subsection, subdivision, paragraph, subparagraph, item,
 sentence, clause, phrase or word of this ordinance is declared or adjudged to be
 invalid or unconstitutional, such declaration or adjudication shall not affect the
 remaining provisions of this ordinance, which shall remain in full force and effect
 as if the portion so declared or adjudged invalid or unconstitutional was not
 originally a part of this ordinance.

SECTION 4. This Ordinance shall be effective as of the date of adoption.

 Adopted this th day of, 2025.

 ATTEST:
Tim Futrelle, Mayor Nicole Harmon, Town Clerk
MINOR AMENDMENTS TO CHAPTER 70 (GENERAL PROVISIONS GOVERNING
TRAFFIC TITLE VII) AND CHAPTER 72 (PARKING) OF TOWN CODE

Attorney Meade reported that conversations had taken place with parking staff
regarding the fine amounts of citations being issued, and there was inconsistency with
current Police Department citation amounts. Council Member Plaag mentioned hearing
of a citation for a vehicle that had been charging overnight at Jaycee Park, which still
listed the outdated $12 fine. Manager Davis explained that Police Department staff were
still using old citation forms but were actively working to update them. Council Member
Plaag pointed out that Section 70.994 regarding unpaid parking citations stated that an
additional $20 penalty would be applied, but in other areas of the code, penalties
accrued over time. Attorney Meade confirmed that the current language reads as a one-
time penalty. Council Member Plaag proposed revising the language to establish an
accruing penalty. Attorney Meade proposed a revision to the proposed ordinance, to be
added at Section 72.99, as follows: “In addition to the civil penalty imposed under this
chapter for any violation, an additional civil penalty of twenty dollars shall be imposed
for every thirty-day period.” Council Member Plaag suggested adding this as a new
subsection C.

Council Member Plaag then made a motion to approve the amended text as further
amended with the additional $20 nonpayment penalty as discussed. Council Member
Roseman seconded the motion.

 VOTE: Aye: Plaag, Roseman, Carter, Tugman
 Nay: None
 Absent: George



  AN ORDINANCE TO AMEND THE TOWN OF BOONE CODE OF ORDINANCES
 TO REVISE CERTAIN SECTIONS OF CHAPTERS 70 AND 72

 WHEREAS, the Boone Town Council desires to modify and clarify certain provisions of
the Boone Town Code relating to parking and traffic enforcement; and

 WHEREAS, the Boone Town Council is authorized to adopt this ordinance pursuant to,
its powers under Chapter 160A of the North Carolina General Statutes, including but not limited
to its authority over town streets and sidewalks pursuant to Article 15 of Chapter 160A;

 NOW THEREFORE, BE IT ORDAINED BY THE BOONE TOWN COUNCIL:

SECTION 1. Sections 70.99 and 72.01 and 72.99 of the Boone Code of Ordinances are hereby
 amended as set forth in the attached Exhibit A to this Ordinance, which is
 incorporated by reference. All other sections of these Chapters remain in full force
 and effect.

SECTION 2. All provisions of any Town ordinance in conflict with this ordinance are hereby
 repealed to the extent of such conflict.

SECTION 3. In the event any section, subsection, subdivision, paragraph, subparagraph, item,
 sentence, clause, phrase or word of this ordinance is declared or adjudged to be
 invalid or unconstitutional, such declaration or adjudication shall not affect the
 remaining provisions of this ordinance, which shall remain in full force and effect
 as if the portion so declared or adjudged invalid or unconstitutional was not
 originally a part of this ordinance.

SECTION 5. This Ordinance shall be effective immediately upon its adoption by Town Council.


 Adopted this 14th day of May, 2025



______________________________ ATTEST: _________________________
Tim Futrelle, Mayor Town Clerk
REQUEST FOR DIRECTION REGARDING LICENSE AGREEMENT - DRABA
VINTAGE MARKET

Mayor Futrelle acknowledged that the organizer of the Vintage Market was the same
person who organized the Thaw Out and noted the recent accident at the Thaw Out
held in Watauga County and its disruption to the community. He emphasized that this
event was different and expressed concern about the Town’s relationship with event
organizers. Council Member Carter stated he could excuse the first Thaw Out event as
a learning experience, but could not excuse a subsequent incident where someone was
seriously injured. He expressed being mortified that proper safety precautions were not
taken and stated he was not comfortable entering into an agreement with the organizer.
Council Member Plaag echoed concerns and referenced both the original Thaw Out
event and the more recent occurrence. He asked whether there had been any
complaints regarding the Vintage Market. Cultural Resources Director Mark Freed
stated that after the first Thaw Out, the organizer was cautious, and no issues were
heard about the first Vintage Market until the second year license was being
considered. He noted that SAHA had attended this same meeting on a separate matter
and brought up concerns, which was the first time that staff had heard of any issues.
Director Freed added that DRABA had made a contribution to SAHA in appreciation for
their understanding, and last year’s market went off without any complaints.
Council Member Plaag stated that one incident may represent a lesson, but a second
suggests a trend, and a third establishes a pattern. Given the potential liability and the
Town’s sensitive relationship with Daniel Boone Park lessees, he stated he could not
support moving forward. Council Member Roseman noted that while the market had
grown and addressed some issues, with the current season already full of events at the
park and the scheduled construction, additional activity would not be safe. She added
that next year might be different. Council Member Tugman stated she was reluctant to
penalize the organizer, who had successfully managed the market, but acknowledged
that the infrastructure challenges made it inappropriate to consider a new license at this
time.

Attorney Meade noted that Council members cited health and safety concerns for
refusing the request, which was justified and sufficient. Generally speaking, however,
requiring Council to choose on an ad hoc basis who gets to use the property could raise
First Amendment concerns. For this reason, she recommended consideration of a
temporary moratorium. She suggested the need for a formal policy with objective criteria
and clearly defined parameters, allowing future decisions to be handled administratively.
Attorney Meade recommended Council consider declaring an indefinite temporary
moratorium until such a policy could be constructed.

Council Member Plaag moved to declare an indefinite temporary moratorium on new
license agreements for Daniel Boone Park and other publicly owned venues until staff
could present a formal policy for consideration. Council Member Carter seconded the
motion.


VOTE: Aye: Plaag, Carter, Roseman, Tugman
 Nay: None
 Absent: George

REQUEST TO DIRECT HISTORIC PRESERVATION COMMISSION TO PREPARE
MARKERS FOR CLAWSON-BURNLEY PARK

Council Member Plaag made a motion to direct the Historic Preservation Commission
(HPC) to prepare historical markers for Clawson-Burnley Park, with funding to be
included in the HPC/Planning Department budget for Fiscal Year 2027. Council Member
Roseman seconded the motion. Council Member Tugman expressed interest in
developing a more visible entrance to the park, noting that the existing pathway sign
could easily be missed. She suggested installing an archway or entrance feature similar
to the one located at the Deerfield Road Greenway entrance.

 VOTE: Aye: Plaag, Roseman, Carter, Tugman
 Nay: None
 Absent: George

APPOINTMENT TO CULTURAL RESOURCES ADVISORY BOARD

Council Member Plaag nominated Judith Phoenix for reappointment to the Cultural
Resources Advisory Board. Hearing no further nominations, Mayor Futrelle called for a
vote.

 VOTE: Aye: Plaag, Carter, Roseman, Tugman
 Nay: None
 Absent: George

Ms. Phoenix’s term will expire on May 30, 2028.

Council Member Roseman nominated Chewi Lockhart to serve on the Cultural
Resources Advisory Board. Hearing no further nominations, Mayor Futrelle called for a
vote.
 VOTE: Aye: Roseman, Carter, Tugman, Plaag
 Nay: None
 Absent: George

Chewi’s term will expire on May 30, 2028.
APPOINTMENT TO HUMAN RELATIONS COMMISSION
Council Member Carter nominated Jack Yordy to serve in a one-year term on the
Human Relations Commission. Hearing no further nominations, Mayor Futrelle called
for a vote.
 VOTE: Aye: Carter, Roseman, Tugman, Plaag
 Nay: None
 Absent: George

Mr. Yordy’s term will expire on May 14, 2026.


WORK SESSION
Discussion and Potential Action Regarding Ice House Alley
Council Member Plaag noted confusion among visitors to the area regarding the
alleyway path behind the King Street buildings, describing its poor condition and
emphasizing that it is Town-owned property. He also expressed concern about vehicles
racing through the alley and nearly hitting pedestrians. He urged the Town to address
safety concerns by clearly delineating the alley as a pedestrian space, recommending at
a minimum that it be repaved and properly marked. Council Member Plaag also
proposed doing the same on the opposite side near the HOPE building. He also
stressed the need for a decision regarding the proposed naming and dedication of the
alley for Dana Folk.
Council Member Carter stated that, based on community conversations, there was a
strong desire to move forward with honoring Mr. Folk. Manager Davis noted she had
spoken with Mrs. Folk, who expressed hesitancy but agreed to speak with Dana. While
Mrs. Folk did not believe Dana would change his mind or participate, she acknowledged
the community's desire to proceed and was supportive of that.
Council Member Roseman requested that Public Works install a sign alerting
pedestrians about approaching vehicles and proposed painting a crosswalk in the alley.
Council Member Plaag reiterated that the alley was Town-owned, and Public Works
Director Toddy Moody confirmed signage could be installed immediately to enhance
pedestrian safety. Director Moody also noted that the alley was scheduled to be dug up
as part of the Howard Street improvements and should be repaved and marked
afterward.
Council Member Tugman expressed concern about naming the alley in its current
condition, suggesting that doing so could be seen as disrespectful. She emphasized the
importance of improving the space before assigning it a commemorative name. Director
Moody responded that resurfacing could be scheduled within the budget once the
Howard Street project was completed and that signage improvements could proceed in
the interim.
Council Member Plaag expressed the importance of recognizing “Ice House Alley” and
offered to write a marker report at no cost to expedite the process, rather than placing it
on the Historic Preservation Commission’s workload. Council Member Roseman
inquired about timing, and Director Moody stated that repairs to the alley would likely
occur between July and late October. Council Member Roseman noted this would be
the ideal time for the unveiling of “Dana Folk Way.”
Council Member Plaag encouraged the Downtown Boone Development Coordinator,
Lane Moody, to approach adjacent building owners about submitting a Façade Incentive
Grant request to cover the cost of graffiti cleanup. He added that the grant funding
would cover the cost of a Certificate of Appropriateness (COA) for brick treatment to
prepare the area for photographic displays. Ms. Moody stated that plans were underway
to add public art to the alley, including the removal of the existing graffiti. She reported
meeting with the Watauga County Arts Council and stated the project would be
developed for rollout next year in conjunction with the Town’s 250th anniversary.
TOWN ATTORNEY UPDATE
In follow-up to a Council request at the last Town Council meeting, Attorney Meade
confirmed there was no legal impediment to the Town providing funds or assistance to
the library. Council Member Roseman emphasized the importance of the library to the
community and expressed interest in making the outdoor patio space more accessible
for children, recommending that the matter be considered during budget discussions.
Next, Attorney Meade clarified that, in response to questions raised regarding tree
removal at the Rivers House property, Historic Preservation Commission (HPC)
approval was not required for tree removal conducted administratively, provided the
tree’s diameter was 25 inches or less at 4.5 feet above grade or if it had been certified
as dangerous or diseased. She also indicated there was no issue with the current
proposal regarding the mix of free and paid parking. Council Member Plaag noted that
the lot where the former white house stood was subject to deed restrictions on paid
parking; however, the area behind the house and garage was not. Attorney Meade
stated that a court release could potentially be obtained if such ever became necessary.
Attorney Meade stated that amendments related to sidewalk construction and
temporary construction-related blockages would be brought back soon for Council
consideration. She suggested that such regulations would not need to be incorporated
into the Unified Development Ordinance (UDO) review process. Planning Director Jane
Shook confirmed that such practices were already in place.
Attorney Meade reported that the Boone Tourism Development Authority (TDA) was not
required to maintain bylaws since it was a Town board, and that she would return with a
resolution addressing the TDA. She noted that while a contract existed between the
Town and TDA, it simply reiterated requirements of the Town and TDA that were
already imposed by law, and therefore seemed unnecessary and could be said to lack
consideration. Council members requested Attorney Meade’s attendance at the
upcoming TDA meeting, where the documents would be reviewed.
Council Member Plaag raised concerns about the February 2009 agreement between
the Town and TDA, noting that it has no stated term. Attorney Meade confirmed that
terminating the contract would not create legal issues, as it served no current purpose
and had no termination limits nor any specified duration. Council Member Plaag made a
motion to terminate the February 2009 agreement between the Town of Boone and the
TDA. Council Member Carter seconded the motion.
 VOTE: Aye: Plaag, Carter, Tugman
 Nay: None
 Absent: George
 Abstain: Roseman


BOARD LIAISON REPORTS
Council Member Carter reported that the Human Relations Commission had elected
officers at its most recent meeting and was planning various events.
Council Member Plaag stated that the Cultural Resources Advisory Board had
discussed this week its selections for the 1872 Award: Hospitality House, Kay
Borkowski, and David Jackson. He indicated that there was discussion about the
ceremony taking place at North Street Park.
Council Member Tugman updated members on various DBDA matters, including the
upcoming Mainstreet director meeting in Boone, Façade grants, new banners, outdoor
restaurant seating, Restaurant Week, and Howard Street improvements.
Council Member Roseman acknowledged her recent absence from various meetings
due to personal reasons. She indicated that the Historic Preservation Commission met
recently and that members would be attending a training course on May 21.
Council Member Plaag announced that the recent Boone Cemetery unveiling and
subsequent tour went well and was well-attended.
TOWN MANAGER UPDATE
Manager Davis presented renovation plans for Council Chambers and noted that
significant changes had not been made since 2008, when the carpet was replaced.
Council Member Roseman suggested that vinyl would be a more cost-efficient choice
than granite or quartz. Council Member Carter noted that these renovations were being
done to enhance the public space that other entities were allowed to use and could be
proud to do so. Council Member Plaag broke down the cost to $3,000 per year and felt
that $60,000 was a completely reasonable amount given the amount of time that goes
between renovations. Council Member Tugman was in agreement that the proposed
design elements represented the local geography and would not be outdated in twenty
years.
Council Member Plaag asked for an update regarding Ziegler Trucking at Daniel Boone
Park. Manager Davis indicated they had moved off the lot to the National Guard Armory
property, though they were still working in the area.
CLOSED SESSION
Council Member Tugman made a motion to enter into closed session at 12:26 p.m.
pursuant to:
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, including Kelsey Hayes v. Boone ABC Board.
Council Member Roseman seconded the motion.
 VOTE: Aye: Tugman, Roseman, Carter, Plaag
 Nay: None
 Absent: George


Council Member Roseman made a motion at 1:04 p.m. to exit closed session. Council
Member Tugman seconded the motion.
 VOTE: Aye: Roseman, Tugman, Carter, Plaag
 Nay: None
 Absent: George

ADJOURNMENT

Mayor Futrelle adjourned the meeting at approximately 1:06 p.m.