Town Council

~ fÄ∂ ±E©‫ •ك ﯾك‬E] ∂ x� • ‫ ~ك‬EE±fÄ] 7 á á ÄE‫ك‬±á Õ Ä‫ك‬9 á ∂ Ä9 fx s∂ ÄE‫‮‫‮كﻠ‮ك‬ CALL TO ORDER A regular meeting of the Boone Town Council was called to order at 6:00 p.m. on Wednesday, June 25, 2025, in the Town Council Chambers located at 1500 Blowing Rock Road in Boone. Mayor Futrelle presided. Council members present included Mayor Pro-Tem Dalton George, Todd Carter, Virginia Roseman, Edie Tugman (remote), and Eric Plaag. Town staff present included Town Manager Amy Davis, Town Clerk Nicole Harmon-Church, Public Works Director Todd Moody, Planning Director Jane Shook, Grants Coordinator/Communications Director Laney Wise, Commercial Zoning Administrator Amy Snider, Deputy Planning Director Brandon Wise, Sustainability and Special Projects Manager George Santucci, and Finance Director Guy Miller. Town Attorney Allison Meade was also in attendance. MOMENT OF SILENCE A moment of s ilence was obs erved. ANNOUNCEMENTS Manager Davis announced that renovations to the Council Chambers would begin in mid- July and s tated that s taff were working to s ecure an alternate meeting s ite, s tarting with the s econd meeting in July. TENTATIVE AGENDA ADOPTION Mayor Futrelle announced a hous ekeeping item regarding the agenda. He s tated that the Res olution in Oppos ition to SB257, Cons ent Agenda item 8, s ub-item 6, s hould be removed from the agenda with pos s ible action later. Upon a motion by Councilmember Plaag, s econded by Mayor Pro-Tem George, the agenda was approved unanimous ly as amended. LISTENING SESSION FOR CONSTITUENT CONCERNS REGARDING THE CURRENT FEDERAL ADMINISTRATION Mayor Futrelle opened this s ess ion, reminding everyone that it was an opportunity for anyone who felt the need to expres s their concerns about the current federal adminis tration to their local government. No one s igned up to s peak during this s es s ion. PUBLIC COMMENT Mr. and Mrs . Mukuls ki spoke remotely. Mr. Mukuls ki explained that they had been inves tigating a property owned by Boone for the pas t year. He inquired about the Council’s intentions regarding a dilapidated property on the corner of Depot and Tremont. He des cribed the property as having a dis tres s ed trailer that had been on Boone's books for 33 years . Mr. Mukuls ki mentioned they had s poken with Brandon Wis e from the Planning Department about the property and expres s ed their intention to dis mantle the exis ting s tructure and rebuild it exactly as it was , or potentially build a s maller vers ion with s ome attic s pace. Mr. Mukulski as ked if the Council would cons ider s elling the property to them and putting it back on the tax rolls . He s ugges ted that the Council could s elect an apprais er, for which the Mukuls kis would pay the fee, to place a value on the property. Mayor Futrelle thanked the Mukuls kis for bringing this matter to their attention and explained that during public comment, the Council's role was to lis ten rather than engage in convers ation. Mayor Futrelle as s ured them that the Council would cons ider their propos al and dis cus s it further at a later date. Councilmember Plaag propos ed amending the agenda to add a new item as the third matter under Council Matters to dis cus s this matter further. Mayor Pro-Tem George ques tioned whether the Council s hould move forward without debate, expres s ing dis interes t in proceeding and concern about the precedent it could s et regarding the dis pos al of Town property. Councilmember Plaag made a motion to amend the agenda to include the reques t as an agenda item for dis cuss ion at that time. The motion was s econded by Councilmember Ros eman and approved unanimous ly. Councilmember Ros eman noted that if the property were to be s old for top dollar, the funds could be directed into the affordable hous ing fund. Councilmember Plaag res ponded that if the s tructure on the property was deemed beyond repair and pos ed a liability, the Town s hould addres s the is s ue. However, he reiterated his oppos ition to s elling any Town property except the Bolick property, as that s ite was particularly s uitable for another hous ing trus t project. Councilmember Tugman expres s ed agreement with not s elling the property. Planning Director Shook expres s ed uncertainty regarding the trailer's location and s ugges ted that a s urvey might be neces s ary to confirm whether it was s ituated on the s ubject parcel or an adjacent lot. Mr. Mukuls ki as ked for clarification on what cons tituted a hous ing trus t project, and Mayor Futrelle provided a brief explanation. Mr. Mukuls ki then inquired whether private parties could participate in the initiative, to which Mayor Futrelle confirmed yes and encouraged dis cus s ion with the hous ing trus t. Mr. Mukuls ki s tated that he had over forty years of experience as a developer and builder and felt qualified to improve the property. He as ked the Council to recons ider, s ugges ting that while the parcel was s mall, he was willing to work with an architect to create a unique des ign s uited to Boone. Mayor Futrelle thanked Mr. Mukuls ki for his willingnes s to as s is t with community improvement, but indicated that a conclus ion had been reached. He recommended that the Mukuls kis contact the hous ing trus t directly. Councilmember Tugman identified hers elf as being involved with the hous ing trus t and encouraged the Mukuls kis to vis it the organization’s webs ite for more information, providing them with contact details . REQUESTED APPEARANCES Ma rre na Gre e r - SAHA Marrena Greer reques ted permis s ion from the Council to cons truct a temporary s eating s ection in the pit, directly in front of the s tage, in the amphitheater for an upcoming immers ive production. She explained that the original plan to have the production at the mus eum was no longer feas ible due to ongoing cons truction. Ms . Greer propos ed that temporary s eating would be approximately 12 feet by 20 feet wide and 2 feet high, with railings . She added that this was neces s ary to bring the audience clos er to the s tage and accommodate the director's vis ion for the s how. Councilmember Ros eman expres s ed frus tration that the organization lacked s ufficient funding. Councilmember Carter as ked whether SAHA had cons idered renting bleachers . Ms . Greer res ponded that the cos t to rent bleachers was too high. She then provided an overview of how the current s ituation had developed, including cons truction delays . Councilmember Plaag noted that architect Bill Dixon had been working clos ely with SAHA and believed that building contractor Skip Greene had als o been involved, and ques tioned how the current is s ues had come as a s urpris e. Ms . Greer s tated that s he was uns ure. Public Works Director Moody acknowledged that s idewalk cons truction had initially been s cheduled for completion before the event, but weather delays had occurred. He added that the res troom project was currently out for bid, though it was unlikely to receive three bids , and would need to be re-advertis ed. This would likely pus h the cons truction s tart date into Augus t. Councilmember Carter s tated that Cook Rentals offered bleacher s ections for $795 per week, each holding approximately 40 people. He s ugges ted that if the Town partnered to rent three s ections , the total would be roughly $6,000 for four weeks . Manager Davis indicated that this would not be a budgetary is s ue if Council wis hed to as s is t. Councilmember Ros eman rais ed additional concerns , noting that the land might require leveling and that the area may not be acces s ible to individuals with dis abilities . She made a motion for the Town to meet with SAHA to unders tand their needs and, if applicable and pos s ible, to make a platform for s tadium s eating if neces s ary. This motion died due to a lack of a s econd. Councilmember Plaag expres s ed concern about the cos ts , as king whether delivery and other fees were included. He s hared his s ympathy for SAHA’s s ituation, noting that weather delays were beyond their control, but als o voiced concern about potential public criticis m if money was s pent and attendance was low. Ms . Greer added that SAHA could potentially cover any cos t difference. Councilmember Plaag s ugges ted placing a cap on the Town’s financial commitment. Councilmember Carter noted there were only nine days remaining before the event and ques tioned whether there was enough time to plan and implement the changes . Public Works Director Moody s tated that the parade and fireworks would have his s taff too bus y to cons truct anything in s uch a s hort amount of time. Mayor Futrelle as ked what the backup plan would be if bleachers were not s ecured. Ms . Greer res ponded that benches and blankets could be us ed as alternatives . Councilmember Plaag s ugges ted that performances us ing a thrus t s tage s eating model, s uch as the Folger production model, could create a more appealing experience for the audience. Councilmember Carter then made a motion to allow for the rental of one s et of bleachers for four weeks from Cook Rentals , with the Town covering cos ts of up to $4,000 at the Town Manager’s dis cretion. Mayor Pro-Tem George s econded the motion, which carried unanimous ly. Mayor Futrelle declared a break at 6:57 p.m. Council reconvened at 7:04 p.m. APPROVAL OF ITEMS ON CONSENT AGENDA Mayor Futrelle expres sed pride in the grants included in the cons ent agenda, noting the progres s made in grant writing s ince Grants Coordinator Laney Wis e took her pos ition a few years ago. Attorney Meade reques ted that the Firs t Citizens loan package be approved with the condition of a couple of annual changes s he typically makes . Mayor Pro-Tem George highlighted s everal items on the cons ent agenda: 1. Grants related to trail work and the work at the river's hous e 2. The Vis ion Zero piece related to pedes trian s afety 3. The budget, which included a one-cent tax increas e to pay for three additional firefighters He emphas ized the financial s tewards hip demons trated in the budget, es pecially in comparis on to other municipalities in Wes tern North Carolina that have had to make s ignificant cuts or rate increas es due to Hurricane Helene. Mayor Futrelle added context to the budget dis cus sion, noting that when the current board came into office, they cut taxes by 8 cents , and s ince then, there has only been a 4-cent increas e. Des pite this net decreas e in taxes , he indicated that they had managed to increas e s ervices and opportunities throughout the town. Councilmember Carter thanked Attorney Meade for her collaboration on the dis crimination complaint form. Councilmember Plaag made a motion to approve the following items on the cons ent agenda: 1. Grant Contract between the Town of Boone and the North Carolina Department of Natural and Cultural Res ources for the Recreational Trails Program Grant 2. Contract Between the Town of Boone and Nature Trails , LLC for the Cons truction of the Southern Terminus of the Northern Peaks Trail/Rivers Hous e Park Trail 3. Leas e Agreement Addendum - 321 E. King Street (Public Works Building) 4. Res olution Supporting Vis ion Zero 5. Res olution Oppos ing SB205 6. FY2025/25 Budget Ordinance 7. Contract - Martin Starnes & As s ociates, CPAs , P.A. 8. Budget Amendments a. Connect and Protect Social Work Program b. Howard Street c. Sys tem Development Fees d. Year-End Runouts e. Tax Collections f. FEMA Reimburs ements 9. Finance Propos al 10. Approval of Minutes a. May 14, 2025 Town Council Regular Meeting b. May 22, 2025 Town Council Special Meeting c. May 28, 2025 Town Council Regular Meeting d. June 11, 2025 Town Council Regular Meeting 11. Complaint of Dis crimination Form Councilmember Carter s econded the motion. Councilmember Plaag amended his motion to acknowledge the changes that would be made to the load package by the Town Attorney. Councilmember Carter accepted the amendment, and the motion pas s ed unanimous ly. PLANNING MATTERS Cons ide ra tion of Pe tition for Anne xa tion - HC Mounta in Prope rtie s , LLC Deputy Planning Director Brandon Wis e pres ented the above cas e and noted that Police Department s taff had expres s ed concerns. Mayor Pro-Tem George as ked whether this property and other s atellite annexations pres ented potential challenges related to emergency res pons e. Police Chief Duckworth clarified that while res pons e times would not be an is s ue in emergency s ituations , the property might not receive the s ame level of routine attention as properties within the city center. Upon a motion by Mayor Pro-Tem George, s econded by Councilmember Carter, the Council voted unanimous ly to move the petition forward to a public hearing on Augus t 27, 2025, at 6:00 p.m. Cons ide ra tion of Pe tition for Anne xa tion - Tyle r a nd La ra Jone s Councilmember Plaag rais ed concerns about es tablis hing a zoning clas s ification that could become an is olated "is land" requiring rezoning later as s urrounding parcels develop. Deputy Director Wis e acknowledged the potential for s uch a s cenario but als o noted that s ome res idential families remained in the vicinity. Additionally, he indicated that the property currently lacked acces s to s ewer s ervices and needed to hook up to Town s ervices. Upon a motion by Councilmember Plaag, s econded by Mayor Pro-Tem George, Council voted unanimous ly to move the petition forward to a public hearing on Augus t 27, 2025, at 6:00 p.m. Cons ide ra tion of Ca s e s from the Ma y 19, 2025, Public He a ring. Commercial Zoning Adminis trator Amy Snider pres ented cas e PL25-0118 (The Summit Pickleball). Ms . Snider noted that the planning commis s ion had made a condition for bike parking, but did not include a condition regarding outdoor s peakers , which was dis cuss ed during the public hearing. Council members debated whether to include a condition prohibiting outdoor s peakers , cons idering potential nois e is s ues for s urrounding res idential properties . They discuss ed the exis ting nois e ordinance and its applicability to this s ituation. After s ome debate, members took a s traw poll on whether to include the outdoor s peaker condition. Council members Ros eman, Tugman, and Plaag were in favor of the res triction, while Council member Carter and Mayor Pro-Tem George were oppos ed to it. Attorney Meade clarified that the nois e ordinance was contingent on complaints and offered her as s is tance if officers had any ques tions regarding enforcement. She advis ed that, as written, it would be applicable to this cas e. Councilmember Plaag then made a motion 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 of: Com pre he ns ive Pla n Polic y 2.1.1 Ec onom ic De ve lopm e nt A. The Town s hall protect and enhance a high quality of life, image, cultural amenities , and natural beauty as the mos t effective, long-term component of an economic development s trategy. C. The Town s hall encourage the development of a well-balanced touris m trade as a primary element of the area’s economic future. Inves tments in s ervices , facilities , and proper growth management s hall be employed in furtherance of this objective. 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 . Com pre he ns ive Pla n Polic y 2.3.2 Com m unity Cha ra c te r E. New development, redevelopment and rehabilitation of s tructures and s ites s hall occur in a manner which is cons is tent with the neighborhood and architectural context of the immediate area, and s upportive, whenever pos s ible, of Boone’s original community character as a High Country s mall town. The approval is s ubject to the following conditions : 1. Where there is a conflict between the application information and the plans (dated received on April 15, 2025), the plans s hall control. Ins ignificant deviations may be permitted to comply with the requirements of the UDO. 2. Any commitments and repres entations concerning the propos ed development made by the applicant or her repres entatives at the public hearing s hall als o become a condition of the permit, and a bas is for a s top work order and/or permit revocation if violated. 3. The applicant s hall s ubmit the neces s ary applications , plans , details and s pecifications which meet the requirements of the Town Code, UDO, Building Code and any other applicable codes for review and approval neces s ary to is s ue Zoning and Building Permits . 4. Bicycle parking s hall be ins talled. Councilmember Carter s econded the motion, which carried unanimous ly. Councilmember Carter made a s econd motion to approve Ordinance A25-0018, s tating that it is reas onable and in the public interes t becaus e it enhances facilities for global bus iness and utilizes otherwis e limited portions of bus ines s operations , thereby helping to grow and expand both recognition opportunities and bus ines s es in the area. Mayor Pro- Tem George s econded the motion, which carried unanimous ly. Cons ide ra tion of Ca s e A25-0426 Boone Ne xt: Our Town, Our Future (Com pre he ns ive Pla n) Planning Director Jane Shook pres ented the final cas e for cons ideration, the new comprehens ive plan titled "Boone Next: Our Town, Our Future." Director Shook noted that while mos t errors identified earlier had been corrected, s ome additional minor errors remained in the document. She as s ured the Council that thes e were not s ubs tantive errors and did not affect the overall content. Council members expres s ed their gratitude and admiration for the work done by Director Shook and her team on the new comprehens ive plan. There was a brief dis cus s ion about the procedural as pects of adopting the new plan, including whether it was neces s ary to explicitly repeal the 2006 comprehens ive plan. Director Shook noted that the res olution had been worded accordingly. Councilmember Ros eman made a motion that Boone Next: Our Town, Our Future, with the changes as dis cus s ed at the public hearing, is cons is tent with the Town’s current comprehens ive plan and any other adopted plans of the Town that are applicable becaus e of: 2.1.1 Ec onom ic De ve lopm e nt A. The Town s hall protect and enhance a high quality of life, image, cultural amenities , and natural beauty as the mos t effective, long term component of an economic development s trategy. 2.3 THE COMMUNITY A. Urban type development within the Urban Growth Area s hall meet appropriate Town s tandards . 2.3.4 Public Involvement A. Public involvement s hall be encouraged in decis ions concerning land us e and development by making the public aware of propos ed developments at the earlies t opportunity, as well as fos tering communication among developers , the Town, the County, the Univers ity, and the general public. B. Neighborhood and s pecial area planning s hall be encouraged to fos ter public involvement in the production of clos ely tailored, action oriented s pecial area plans and programs . D. Special committees , advis ory panels , educational forums , public works hops , leaders hip s eminars , town meetings and media contacts s hall be encouraged and fos tered to enhance the effectivenes s of citizen involvement in community planning and action. Attorney Meade s tated that it did not make s ens e to approve the new plan bas ed on cons is tency with the old plan. Councilmember Ros eman res cinded her motion. Councilmember Plaag made a motion to approve Boone Next: Our Town, Our Future with changes as dis cus s ed at the public hearing and contingent on the corrections of Scribner's errors and that it is cons is tent with any other applicable adopted plans of the Town; and through this motion, the 2006 Comprehens ive Plan is repealed. Councilmember Carter s econded the motion, which carried unanimous ly. Councilmember Carter then made a s econd motion to approve Ordinance A25-0425, and believes approval is reas onable and in the public interes t becaus e Boone Next is amazing, is a vis ion for the future, and a lot of work has gone into this ; becaus e it is laying the groundwork for where we want them to go for the next s everal years . Councilmember Plaag s econded the motion, which carried unanimous ly. Upon a motion by Councilmember Plaag, s econded by Mayor Pro-Tem George, Council voted unanimous ly to add a third item under Council Matters to dis cus s the Bolick Property Apprais al. Councilmember Tugman reques ted to be excus ed from the meeting because s he could not hear the proceedings well due to technical difficulties . She was excus ed by cons ens us and left the meeting at 7:48 p.m. COUNCIL MATTERS Dis c us s ion Re ga rding Pa rking Lot for Rive rs Pa rk Tra il Councilmember Plaag pres ented a propos al for improvements to the Rivers Hous e parking lot. Public Works Director Todd Moody indicated that s taff had looked at improvements to the parking area, including a 60x60 as phalt s urface with bios wales for s tormwater management and lighting. The es timated cos t for pavement was $67,500, while a gravel option, requiring all labor to be performed by s taff, was es timated at approximately $65,000. Director Moody expres s ed concerns about long-term maintenance is s ues as s ociated with gravel. Mayor Pro-Tem George noted that the parking lot would eventually be part of a planned 14-mile recreational loop and expres s ed concerns regarding challenges related to monitoring parking durations and enforcement, particularly regarding vis itors potentially leaving the area to dine els ewhere. Director Moody indicated work could begin by late July or Augus t. Town Manager Davis s tated that a parks and green s pace fund with jus t over $100,000 was available and appropriate for the project. Councilmember Ros eman s upported us ing gravel but acknowledged that as phalt might be preferable for eas ier maintenance. Mayor Pro-Tem George agreed the funding and timeline were s uitable and s ugges ted the idea of a temporary kios k to help monitor the parking lot. Director Moody reminded the group that the project would need approval from the His toric Pres ervation Commis s ion, which could delay progres s . Councilmember Carter made a motion to proceed with the as phalt option; Councilmember Plaag s econded the motion and noted that the driveway to the Rivers Hous e was in poor condition, s ugges ting that it be repaved as part of the project. Director Moody confirmed that the quoted price included the parking lot only and es timated an additional $10,000–$15,000 to repave the driveway and area up to the hous e and garage, depending on the condition of the bas e. Councilmember Plaag propos ed amending the motion to include the project cos t of $80,000 to cover the full s cope of work. Councilmember Carter accepted the amendment. VOTE: Aye: Plaag, Carter, Ros eman, George Nay: None Abs ent:Tugman Councilmember Plaag emphas ized the importance of maintaining focus on completing the broader vis ion for the trail. He recommended that he and Mayor Pro-Tem George meet with Jordan Sellers to dis cuss extending the trail through downtown, Church Street, and near the water tower by Howard’s Knob. Mayor Pro-Tem George confirmed he had already met with Jordan and Downtown Coordinator Lane Moody regarding a potential downtown trail mural, and noted that Jordan had referenced the s ame trail connection in earlier convers ations . Councilmember Plaag reques ted additional dis cus s ion of parking logis tics at the October Council meeting. Appointm e nt to Boa rd of Adjus tm e nt Mayor Pro-Tem George nominated Mr. Ray for reappointment to the Board of Adjus tment. Hearing no further nominations , Mayor Futrelle called for a vote. VOTE: Aye: Plaag, Carter, Ros eman, George Nay: None Abs ent:Tugman Mr. Ray’s term will expire on June 30, 2028. Dis c us s ion Re ga rding Bolic k Prope rty Appra is a l Town Manager Davis indicated that s he had received the updated apprais al for the Bolick property earlier in the week, which came in at $6,627,000.00. She noted that this apprais al pertained to 20.392 acres of property and excluded the cons ervation eas ement area and the s pace res erved for Fire Station 4. Manager Davis reques ted Council’s permis s ion to pos t the property for s ale on the Town of Boone webs ite and to alert two interes ted parties who have already contacted her. She noted that even with thes e carve-outs , the Town would s till make a profit if the property were lis ted and s old at the apprais ed value. Councilmember Plaag made a motion to proceed with lis ting the property for s ale on the Town of Boone webs ite and for Manager Davis to work with the Town Attorney to lis t as des cribed. Councilmember Carter s econded the motion. VOTE: Aye: Plaag, Ros eman, Carter Nay: George Abs ent:Tugman CLOSED SESSION Mayor Pro-Tem George made a motion to enter into clos ed s es s ion at 8:05 p.m. purs uant to the following: N.C. Gen. Stat.§ 143-318.11(a)(1), to review, approve, and s eal clos ed s ess ion minutes from Council's prior clos ed s ess ion(s ). 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 legal claims . Councilmember Carter s econded the motion. VOTE: Aye: Plaag, Ros eman, Carter, George Nay: None Abs ent:Tugman ADJOURNMENT Upon a motion by Councilmember Ros eman, seconded by Councilmember Plaag, Council voted to adjourn the meeting 8:25 p.m. VOTE: Aye: Ros eman, Plaag, Carter, George Nay: None Abs ent: Tugman Mayor Futrelle adjourned the meeting at 8:27 p.m. ‫ﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶ‬ ‫ﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶﻶ‬ ‫‪9 Γ¾╗Ź‬كﻠ‪9 Ń╩╗ðŃ‬ي ‪c Ï ╗σ →τ‬ك¾‪Äňð→Γ‬‬ ‫╗→♣ ‪~ Ï‬كﻠ¾‪[ ╩╤╗¾ΓΓ‬ك ‪±ňσ‬‬