Town Council — Boone, NC
Date: 2025-06-11

Town of Boone
 Town Council Regular Meeting
 9:00 AM, June 11, 2025
 Town Council Chambers
 1500 Blowing Rock Road


 I. Call to Order

 II. Moment of Silence

 III. Announcements

 1. List of Current Board Vacancies
 For Information

 2. Presentation of FY2023/2024 Audit Report
 For Information

 IV. Tentative Agenda Adoption

 V. 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.

 VI. Public Comment

 VII. Public Hearing - FY2025/2026 Proposed Budget

 VIII. Work Session

 IX. Approval of Items on Consent Agenda

 1. Approval of Agreement Between the Town of Boone and Gannett Fleming Inc.
 For Action

 2. Award of Bid - Hauling and Placement of Asphalt
 For Action

 3. Recommendation of Award of Construction Contract, B-5979 Hunting Hills Lane
 Bridge Replacement Project, and Approval of Resolution
 For Action

 4. Approval of FY2025/2026 Outside Agency Funding Allocations
 For Action

 5. Approval of Budget Amendments
 For Action

 X. Planning Matters
Town of Boone Town Council June 11, 2025
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 1. Scheduling of Housing Related Work Session
 For Action

 2. Consideration of scheduling Final Adoption of Boone Next
 For Action

 XI. Council Matters

 1. Discussion Regarding Parking and Passes for Rivers Park Trail
 For Action

 2. Appointment to Board of Adjustment
 For Action

 3. Appointment to Historic Preservation Commission
 For Action

 4. Appointment to Planning Commission
 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 June 11, 2025
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MINUTES - TOWN COUNCIL REGULAR MEETING
 BOONE TOWN COUNCIL
 JUNE 11, 2025

I. Call to Order

 A Town Council Regular Meeting of the Boone Town Council was called to order at
 9:00 AM on Wednesday, June 11, 2025 at the Town Council Chambers 1500 Blowing
 Rock Road. Council members present included Tim Futrelle, Dalton George, Todd
 Carter, Virginia Roseman, Eric Plaag. Staff present included .

II. Moment of Silence

III. Announcements

 1. List of Current Board Vacancies

 Mayor Futrelle announced the following Town of Boone board vacancies, and
 noted that the deadline to apply for open positions was June 27, 2025:

 BOARD OF ADJUSTMENT
 Four regular positions, three alternate positions

 CULTURAL RESOURCES ADVISORY BOARD
 One vacant position

 DOWNTOWN BOONE DEVELOPMENT ASSOCIATION
 One Council-appointed position

 HISTORIC PRESERVATION COMMISSION
 Three regular positions, one student position

 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

 2. Presentation of FY2023/2024 Audit Report

 Mayor Futrelle invited the representatives from Combs, Tenant, and Carpenter
 P.C. to present the FY 2023/2024 audit. After presenting, representatives of
 Combs, Tenant, and Carpenter P.C. asked if Council had any questions.
 Council thanked the representatives for their work, and moved to the next item.

IV. Tentative Agenda Adoption

 Council Member Plaag made a motion, which was seconded by Mayor Pro
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 Tem George, to Approve the agenda as presented .

 VOTE: Aye: Tim Futrelle, Dalton George, Todd Carter, Virginia
 Roseman, Eric Plaag
 Nay: None
 Absent: Edie Tugman

 Council Member Plaag made a motion, which was seconded by Mayor Pro
 Tem George, to Approve the tentative agenda as presented .

 VOTE: Aye: Tim Futrelle, Dalton George, Todd Carter, Virginia
 Roseman, Eric Plaag
 Nay: None
 Absent: Edie Tugman

V. Listening Session for Constituent Concerns Regarding the Current Federal
 Administration

 Mayor Futrelle asked if anyone in attendance would like to speak regarding the current
 federal administration. Hearing none, he moved to the next item.

VI. Public Comment

 Mayor Futrelle asked if anyone in attendance would like to provide public comment.
 Hearing none, he moved to the next item.

VII. Public Hearing - FY2025/2026 Proposed Budget

 Mayor Futrelle opened the public hearing, and asked if anyone in attendance would
 like to speak regarding the proposed FY 2025/2026 budget. Hearing none, Mayor
 Futrelle opened the floor for staff and Council. Mr. Miller provided a brief overview of
 the budget presented, and noted that the proposed budget reflects a 1 cent increase in
 property tax rates, raising the current property tax rate to $0.40 per $100 valuation and
 a $0.1575 per $100 valuation for the Municipal Service District Tax. Mayor Futrelle
 asked if Council had any questions. Councilmember Roseman noted that the Outside
 Agency Funds discussion held during the previous budget retreat was a good debate,
 and that she personally felt that the Watauga County Library deserved an allocation.
 She also explained that during the Outside Agency Funds discussion, she excused
 herself from discussing the Southern Appalachian Historical Association's application
 as she was too intertwined with the organization. Councilmember Roseman went on to
 say that she appreciated all of the applications and wished that there were additional
 funds to give to applicants. Councilmember Plaag agreed, and asked for the May 22nd
 Budget Retreat Minutes reflect that change. Mayor Pro-Tem George noted that he was
 happy to see the additional firefighters in this budget, and explained that ensuring
 Town of Boone employees are getting paid a living wage is important. Councilmember
 Carter agreed, and highlighted the affordable housing fund in the proposed budget.
 Mayor Futrelle said that he was very proud of this budget. With no further comments,
 Mayor Futrelle moved to the next item.

VIII. Work Session

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Councilmember Plaag asked for Council to discuss two items, and Council agreed.
Councilmember Plaag initiated a discussion with the Council and the Town Attorney
about the possibility of passing an ordinance that would prohibit any individual acting
under police authority, whether federal, state, or local, from performing their duties
while masked or without clearly displaying a nameplate and the name of their agency
on their uniform, or from stopping, arresting, or detaining someone without probable
cause or a warrant. He noted that he had sent this question prior to Attorney Meade,
and explained that she had responded already but wanted Council to be aware of the
questions and concerns being raised by the constituents of Boone. Attorney Meade
explained that there are limitations to local government's powers, and that generally
municipalities cannot interfere with federal law. However, she noted that if an action is
deemed unconstitutional, the individual committing the action can be taken to federal
court. Attorney Meade went on to say that municipalities could not criminalize an action
that is already deemed criminal at the State level, and explained that individuals falsely
identify themselves as law enforcement officers could be charged for multiple
misdemeanors or felonies. Further discussion commenced. Councilmember Roseman
asked what the community could do if an individual was being detained illegally, and
Mayor Futrelle asked if it would be wise to have an individual from Legal Aid to discuss
options for the community. Attorney Meade recommended contacting an immigration
advocacy organization, and Mayor Pro-Tem George noted that many organizations are
producing free infographics for the publics use. Councilmember Plaag thanked
Attorney Meade and Council for the discussion, and moved to his second item for the
work session.

Councilmember Plaag explained that on Friday, he was notified by Mayor Pro-Tem
George of a "WNC is Open" ribbon-cutting event at the Jones House. He explained
that no prior notice was given, and he was unable to attend as he received no notice
from anyone involved with the event. He explained that he had discussed his concerns
with Ms. Moody who claimed that the event was in partnership with the Boone Area
Chamber of Commerce and was not a town event. He also discussed this with Ms.
Davis, who provided some additional details but noted that she was caught off guard
as well. He asked Council for their opinion on where Council fit in events such as
these, and noted that he would prefer communication prior to the day of the event.
Mayor Pro-Tm George noted that he heard about the event from Mr. Freed the day of,
and notified the rest of Council once he heard. Mayor Futrelle noted that he heard
about the event the afternoon of as well from Ms. Moody, and that she had apologized
for the late notice. Mr. Freed apologized to Council, and explained that a conversation
was held prior to the "WNC is Open" kick-off regarding how the Town of Boone could
be involved with the Summer Concerts at the Jones House and Boonerang, but that
the conversation stalled until the day of. Councilmember Roseman noted that she felt
that Council was not necessarily wanted at the event due to the lack of conversation
prior. Mayor Pro-Tem George noted that his intentions were just to notify Council and
apologized for the confusion. Councilmember Plaag clarified and explained that he
was asking for better coordination and internal messaging for events such as this so
that councilmembers could prepare ahead of time. Mayor Futrelle asked if Council
could move to the next item on the agenda, and Councilmember Carter asked if he
could introduce a final item for discussion. Mayor Futrelle agreed.

Councilmember Carter showed Council the draft Human Relations Commission Online
Complaint Form, and asked if Council could review the form briefly before submitting it
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 to Attorney Meade for legal review, and then to the Human Relations Commission for
 final approval. Mayor Pro-Tem George noted that that he was very impressed with the
 current membership of the Human Relations Commission. Attorney Meade noted that
 briefly scanning the document, the form looked good but asked for Councilmember
 Carter to submit the form to her for approval as well, in which Councilmember Carter
 agreed. Attorney Meade then asked Council if she could briefly update regarding the
 House Bill 781. Council agreed, and Attorney Meade explained that the bill would
 require municipalities enact an ordinance that would make camping on public land
 illegal, and that individuals could sue if the municipality does not enforce on the
 ordinance. A discussion ensued regarding this potential bill. Councilmember Plaag
 asked if municipalities that have a vagrancy ordinance currently could claim that
 ordinance as the required ordinance in House Bill 781, and Attorney Meade said that
 she did not believe so. Mayor Pro-Tem George explained that he was extremely
 disappointed in the amount of bills being pushed that negatively affect local
 government's authority, and Councilmember Carter noted that a lot of bills that are
 being pushed currently are backed by private entities that would profit from the bill's
 being passed. With no further discussion, Mayor Futrelle thanked Council for the
 discussions and moved to the next item.

IX. Approval of Items on Consent Agenda

 Mayor Pro-Tem thanked Mr. Moody and the Public Works staff for the work currently
 being done at Hunting Hills, and Mayor Futrelle agreed.

 Council Member Plaag made a motion, which was seconded by Council
 Member Carter, to Approve items on the proposed consent agenda .

 VOTE: Aye: Tim Futrelle, Dalton George, Todd Carter, Virginia
 Roseman, Eric Plaag
 Nay: None
 Absent: Edie Tugman

 1. Approval of Agreement Between the Town of Boone and Gannett Fleming
 Inc.

 2. Award of Bid - Hauling and Placement of Asphalt

 3. Recommendation of Award of Construction Contract, B-5979 Hunting
 Hills Lane Bridge Replacement Project, and Approval of Resolution

 4. Approval of FY2025/2026 Outside Agency Funding Allocations

 5. Approval of Budget Amendments

X. Planning Matters

 1. Scheduling of Housing Related Work Session

 Ms. Shook asked if Council could choose a date for a housing-related work
 session, hosted at Planning and Inspections. She presented two options,
 Monday, July 21st or Tuesday, July 22nd, and explained that this work session
 4
 would be hosted in a similar fashion to the land use mapping work sessions.
 After a brief discussion, Council agreed to meet on Monday, July 21st at 9:00
 a.m. at the Planning and Inspections Conference room.

 2. Consideration of scheduling Final Adoption of Boone Next

 Ms. Shook noted that she was hoping that the Boone Next consultants would
 be sending the final draft of the Boone Next comprehensive plan, and asked for
 Council's approval to schedule a date for the final vote for Boone Next. After a
 brief discussion, Council agreed to schedule the final vote for Boone Next
 during the last Council Meeting in June on June 25th, 2025 at 6:00 p.m..

 Mayor Futrelle called for a break at 10:15 a.m..

XI. Council Matters

 1. Discussion Regarding Parking and Passes for Rivers Park Trail

 Mayor Futrelle resumed the meeting at 10:25 a.m..

 Councilmember Plaag introduced the item, and explained that he asked for this
 item to be added to the agenda as the trail at the Rivers House Park is set to
 be complete before the end of the calendar year. He noted that the current
 intention for this trail is to include parking specifically for the trail on the parcel
 of the previous R.L. Clay house and explained that due to deed restrictions that
 parking area must remain free parking. Councilmember Plaag noted that
 Council had talked previously about gravelling that parcel and using it for
 parking, however, he wanted to discuss with Council their thoughts on how to
 monitor the parking area as no town staff are currently housed at the Rivers
 House to monitor the parking area. Councilmember Roseman asked if the staff
 at Cultural Resources could handle parking passes for the Rivers House lot.
 Mayor Pro-Tem George thanked Councilmember Plaag for this item as he had
 not thought of this issue prior, and noted that while he did not have an answer
 now he was happy to discuss with Council. Councilmember Plaag explained
 that he felt it was urgent to begin working on this as the trail will be coming to
 the property soon. He noted that the signs at the Boone Jaycee Park seem to
 work well deterring individuals from parking in the parking lot unless they are
 park users, and asked about using signs as an interim way to deter students
 parking in the future gravel lot to attend class. Councilmember Roseman
 explained that the parking lot at the Boone Jaycee Park is relatively unknown,
 and not as close to campus as the Rivers House. Mayor Pro-Tem George
 stated that he was not opposed to the signs as an interim option, however, he
 would prefer deploying a permanent option first and deal with the aggravation
 initially than later on. Councilmember Roseman asked if a code could be used
 to access the parking area. A discussion ensued.

 Councilmember Plaag asked if staff could begin working on gravelling the
 parking lot area soon. Councilmember Roseman asked if gravel was the best
 option. Mr. Moody explained that gravel could be used temporarily, however it
 would eventually need to be paved. Mr. Moody also explained that due to the
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 parcel's potential slope of over 5%, according to the Town of Boone's Unified
 Development Ordinance. Mayor Pro-Tem George reiterated that this discussion
 was difficult, and asked for additional time to think about a potential plan.
 Councilmember Plaag asked Mayor Futrelle if Council's consensus for Town
 Staff to come to the June 25th meeting with information regarding gravelling or
 paving the parcel would suffice. Mayor Futrelle agreed, and consensus was
 given for Town Staff to return to the June 25th meeting with an estimated cost,
 information regarding the scope of the project, and a generalized plan for the
 parking area.

2. Appointment to Board of Adjustment

 Councilmember Plaag nominated Ms. Pam Williamson for reappointment to the
 Board of Adjustment. Mayor Pro-Tem George nominated Ms. Barbara Yale-
 Reed for reappointment to the Board of Adjustment as well. Council gave
 consensus for both board appointments. Councilmember Plaag asked Ms.
 Shook if the Board of Adjustment had to nominate a chair that was approved
 by Council, and Ms. Shook said that they did.

3. Appointment to Historic Preservation Commission

 Councilmember Plaag nominated Mr. Vardell Smyth for reappointment to the
 Historic Preservation Commission. Council gave consensus for the board
 appointment. Attorney Meade noted that the Historic Preservation Commission
 need additional members, and soon will not have quorum to meet. Ms. Shook
 explained that she has reached out to Appalachian State University for student
 positions. Mayor Pro-Tem George noted that a previous member of the
 Commission had reached out to him, and explained that they could not
 participate because of the meeting schedule. He went on to say that any
 individual that holds a 9 to 5 job would not be able to participate on this
 Commission. Councilmember Carter agreed. Councilmember Plaag explained
 that many professors in the History Department at Appalachian State University
 were unable to participate as well as they live outside of the Town of Boone
 town limits. Councilmember Roseman asked if there was a way for the Town to
 amend this to allow for greater participation, and asked if a state statute
 prevented the Town from amending this. Ms. Shook said that it was a state
 statute that prevented the Town from amending the board requirements as the
 Historic Preservation Commission is a quasi-judicial board.

4. Appointment to Planning Commission

 Councilmember Plaag noted that there were two student applications and
 asked if Council would be willing to appoint a student to a regular seat. After a
 brief discussion, Councilmember Plaag asked if Council would approve the
 appointment of Mr. Michael Mileski to the 2027 seat and Ms. Frida PazMiranda
 to the student seat. Ms. Shook noted that while Ms. PazMiranda submitted a
 student application, she is currently a resident of Boone and is attending school
 online at UNC Charlotte. Councilmember Plaag thanked Ms. Shook for the
 clarification. Mayor Pro-Tem George nominated Ms. PazMiranda to the 2027
 seat and Mr. Mileski to the student seat. Council gave consensus for both

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 board appointments

XII. Mayor Report

 Mayor Futrelle had no report.

XIII. Town Manager Report

 Ms. Davis had no report.

XIV. Town Attorney Report

 Ms. Meade had no report.

XV. Board Liaison Report

 Mayor Futrelle asked Councilmember Carter if he had a report. Councilmember Carter
 explained that the AppalCART Board had just passed their budget and that the double
 decker bus is supposed to be in Boone by June 30th. A discussion was held regarding
 expanding AppalCART routes to the East Boone corridor. Councilmember Carter then
 gave a brief update regarding the Human Relations Commission, and explained that a
 budget request for a disability pride request would soon be brought to Council. He also
 noted that the Human Relations Commission was working on a "How Local
 Government Works" workshop, and then noted that Boone Pride would be hosted on
 June 28th. Councilmember Roseman noted that the Historic Preservation Commission
 had recently approved the Certificate of Appropriateness for the Rivers House Trail and
 that the Parks and Recreation Board would be meeting that evening. She thanked the
 State of North Carolina for their support for the Horn in the West park, and noted that
 that due to construction, Horn in the West would be hosting a limited series beginning
 July 10th with limited dates. Mayor Pro-Tem George noted that Councilmember Carter
 had already updated Council on the Human Relations Commission, and noted that the
 Sustainability Committee was canceled. Councilmember Plaag has nothing to report
 as well.

 Councilmember Roseman asked if Mr. Freed could quickly update Council on
 Boonerang, and Mr. Freed agreed. Mr. Freed gave a brief overview of the upcoming
 Boonerang Music & Arts Festival schedule and explained the different road closures,.
 Councilmember Carter asked if in the future they could partner with AppalCART more
 to extend hours and routes for festival-goers, and Mr. Freed agreed. Councilmember
 Roseman thanked the Public Works Department and the Howard Street contractors for
 their work in getting Howard Street safe for Boonerang.

XVI. Closed Session

XVII. Potential Action Following Closed Session

XVIII. Adjournment

 Mayor Pro Tem George made a motion, which was seconded by Council
 Member Plaag, to Adjourn the June 11th, 2025 Boone Town Council meeting at
 11:07a.m...
 7
 VOTE: Aye: Tim Futrelle, Dalton George, Todd Carter, Virginia
 Roseman, Eric Plaag
 Nay: None
 Absent: Edie Tugman



_______________________________ ________________________________
Nicole Harmon, Town Clerk Tim Futrelle, Mayor




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