MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JULY 16, 2024
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, July 16, 2024, at 5:30 P.M. in the Commissioners’ Board Room located in the Watauga County Administration Building, Boone, North Carolina.
Chairman Turnbow called the meeting to order at 5:32 P.M. The following were present:
PRESENT: Larry Turnbow, Chairman
Charlie Wallin, Vice-Chairman
Todd Castle, Commissioner
Braxton Eggers, Commissioner
Ray Russell, Commissioner
Paul Capua, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
Commissioner Eggers opened with a prayer and Vice-Chairman Wallin, led the Pledge of Allegiance.
Approval of Minutes
Chairman Turnbow called for additions and/or corrections to the June 18, 2024, regular minutes and closed session minutes.
Commissioner Russell, seconded by Commissioner Castle, moved to approve the June 18, 2024, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Russell, seconded by Commissioner Castle, moved to approve the June 18, 2024, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Turnbow called for additions and/or corrections to the July 16, 2024, agenda.
Commissioner Eggers, seconded by Vice-Chairman Wallin, moved to approve the July 16, 2024, agenda as presented.
VOTE: Aye-5
Nay-0
Public Comment
Mr. Nicholas Hammac shared concerns with the number of housing developments being constructed in the area, Appalachian State University’s public/private public housing partnership and the adverse environmental effects.
Mr. Kenneth Cole stated that he was a local meat processor in the County for over 47 years. Mr. Cole stated that there was no need for a kill/chill facility that didn’t also process meat. Mr. Cole suggested the County run the facility and offer student internships and consider Watauga County residents before other counties. Mr. Cole stated that he would be proud to be a part of it.
Mr. Chad Cole stated that Mr. Kenneth Cole had shared his thoughts as well.
Request to Use Human Services Grassy Area Near King Street for A Local Clothing Market
Mr. Trevor Shue, Owner of Lucky Dog Vintage Clothing, requested use of the grassy area at the Human Services Complex on Poplar Grove Connector to host a local clothing market. The request was originally made for Saturday, August 24, 2024; however, Mr. Shue stated that, due to a similar event elsewhere, he has requested to change the date to September 7, 2024. Mr. Shue stated that he envisioned there being approximately 15-20 clothing vendors with set up from 9:00-10:30 A.M., the Market operating from 11:00 A.M. to 6:00 P.M. and then breakdown. If all goes well, Mr. Shue would like to entertain the idea of holding quarterly Markets in February, May, August, and December. Chairman Turnbow pointed out the $200 fee and Mr. Shue stated that he was aware and willing to pay the fee and sign a license agreement.
Commissioner Russell, seconded by Vice-Chairman Wallin, moved to approve the license agreement for Mr. Shue to use the Human Services grassy area and parking lot on September 7, 2024, to host a clothing market.
VOTE: Aye-5
Nay-0
Request to Use Human Services Grassy Area Near King Street for a Tent Revival
Mr. Bill Bufford, Evangelist, requested use of the grassy area at the Human Services Complex on Poplar Grove Connector to hold a tent revival at the King Street Farmers Market location beginning July 25th at 7:00 PM nightly for ten nights. He wanted to set up the tent and leave it during the duration. Staff has requested additional information, but did not receive anything from Mr. Bufford. However, after some discussion, Mr. Bufford realized he would not be able to pay $200 per night for the use of the space. Commissioner Castle shared that he may know of places that the tent revival could be held and he would get that information to the County Manager so that he could relay it to Mr. Bufford.
Letter of support for the grove street connector project
Ms. Laney Wise, Town of Boone Grants Coordinator/Communications, presented a proposed letter of support for the Town’s Grove Street Connector Project for the Active Transportation Infrastructure Investment Program Grant. The project would increase safety for residents and visitors who choose to utilize multimodal forms of transportation. Ms. Wise stated that there would be 100% of Federal cost share with no funding required from the County.
Commissioner Russell, seconded by Vice-Chairman Wallin, moved to adopt the letter of support as presented.
VOTE: Aye-5
Nay-0
Support Letter Request for Forest Legacy Grant
County Manager Geouque stated that Mr. Jeffrey Fisher, the owner of approximately 1,250 acres that spans Watauga and Caldwell Counties, had requested a letter of support for a Forest Legacy Grant for the Buffalo Creek acquisition conservancy project. Mr. Fisher’s 1,250 acres was comprised of ten parcels acquired over a ten-year period. Funding for the conservation project would be 75% from the Forest Legacy Program and 25% in the form of a donation from Mr. Fisher. No State or local funding was required. After his presentation, the Board requested additional information from Mr. Fisher. Additional information was provided; however, an appraisal of the property was not. Therefore, no action was taken.
Cooperative Extension Introductions and Updates
Ms. Susie Douglas, 4-H Agent, introduced herself and shared an update on various programming and events ongoing and upcoming for children in our area including summer camps, a chicken program, and plans to work with local schools through teachers.
Ms. Kendra Phipps, Livestock and Field Crops Agent, introduced herself as well and shared her excitement working with the Cattleman’s Association. Ms. Phipps also shared information on the poultry processing workshop she held in April and how the processed chickens were donated to the Hunger and Health Coalition. Another workshop is in the plans for this fall.
The report was for information only and, therefore, no action was required.
Allocation of FY 2025 Home & Community Care Block Grant (H&CCBG) Funds
Ms. Angie Boitnotte, Project on Aging Director, presented the updated Home and Community Care Block Grant (H&CCBG) allocation for FY 2025 which was originally projected to be $320,160 with a required local match of $35,573. The actual allocation was received in the amount of $320,788, which was an additional $628 and required a local match of $35,642, which was an additional $69. Ms. Boitnotte stated that the additional match was present in the FY 2025 budget. The additional funds would be allocated to Home Delivered Meals ($628) with the revised allocation being as follows:
H&CCBG Service H&CCBG Allocation Match
In-Home Aide Level I $85,089 $9,454
In-Home Aide Level II $70,670 $7,852
Congregate Meals $47,830 $5,314
Home Delivered Meals $111,199 $12,355
Transportation $6,000 $667
Commissioner Eggers, seconded by Vice-Chairman Wallin, moved to accept the allocations for FY 2025 Home & Community Care Block Grant (H&CCBG) Funds.
VOTE: Aye-5
Nay-0
West Annex Bid Award Requests
Mr. Robert Marsh, Maintenance Director, received bids for the following projects:
WEST ANNEX FLOOR COVERING
Bidder Amount
Furnish My Place $18,000 + $540 to move furniture
Charlotte, NC
Rodney Gibson $23,022
Climax, NC
Balca, Inc. $36,520
Boone, NC
WEST ANNEX CEILING TILE & GRID
Bidder Amount
Live Edge Const. $33,780
Charlotte, NC
Balca, Inc. $17,246
Boone, NC
WEST ANNEX MEDIC BASE ROOF REPLACEMENT
Bidder Amount
Triad Roofing $117,800 (.050 Fibertite)
Winston Salem, NC $3,000 deduct if PVC in lieu of Fibertite membrane
AAR of North Carolina $93,915 (.080 PVC membrane)
Kernersville, NC
WEST ANNEX 2ND FLOOR INTERIOR PAINTING
Bidder Amount
Supon's Services $19,005.80
Hickory, NC
Southend Painting $20,477
Charlotte, NC
Custom Coatings $26,800
Hickory, NC
Mr. Marsh recommended the low bidders be awarded contracts in the following amounts:
Project Bidder Amount
Carpet Replacement Furnish My Place $18,540
Ceiling Tile Replacement Balca, Inc. $17,246
Roofing Services AAR of North Carolina $93,915
Painting Services Sapon Services $19,005.80
Commissioner Russell, seconded by Vice-Chairman Wallin, moved to award the contract to Furnish My Place, in the amount of $18,540, for the carpet replacement project as presented by Mr. Marsh.
VOTE: Aye-5
Nay-0
Commissioner Castle, seconded by Commissioner Russell, moved to award the contract to Balca, Inc., in the amount of $17,246, for the ceiling tile replacement project as presented by Mr. Marsh.
VOTE: Aye-5
Nay-0
Commissioner Russell, seconded by Vice-Chairman Wallin, moved to award the contract to AAR of North Carolina, in the amount of $93,915, for the roofing project as presented by Mr. Marsh.
VOTE: Aye-5
Nay-0
Vice-Chairman Wallin, seconded by Commissioner Eggers, moved to award the contract to Sapon Services, in the amount of $19,005.80, for the painting project as presented by Mr. Marsh.
VOTE: Aye-5
Nay-0
Tax Matters
A. Monthly Collections Report
Mr. Larry Warren, Tax Administrator, presented the May Monthly Collections Report. There were no refunds nor releases in May. The report was for information only and, therefore, no action was required.
B. Annual Settlement of Tax Collector
Mr. Warren stated that, Per G. S. 105-373, an annual settlement of the Tax Collector was required to be prepared and submitted to the Board of Commissioners for review and approval. Mr. Warren presented the settlement.
Commissioner Castle, seconded by Vice-Chairman Wallin, moved to approve the Annual Settlement of the Tax Collector as presented by Mr. Warren.
VOTE: Aye-5
Nay-0
C. Oath to Collect Taxes
Mr. Warren stated that each year the Board of County Commissioners was required to authorize the Tax Administrator of Watauga County to collect taxes for the upcoming year.
Vice-Chairman Wallin, seconded by Commissioner Eggers, moved to authorize the Tax Administrator to begin the process of collection.
VOTE: Aye-5
Nay-0
D. Appraisal Services Contract
Mr. Warren presented a proposed contract with Vincent Valuations to provide appraisal services. The effective date of the contract would be January 1, 2025, to coincide with the retirement of the County’s last employed appraiser. Funds have been budgeted and approved by the Board with the adoption of the Fiscal Year 2025 budget. The term of the contract was for three (3) years. Vincent Valuations already provides the majority of appraisal services for the County and the new contract would fold the existing contract into one.
Commissioner Russell, seconded by Vice-Chairman Wallin, moved to adopt the contract with Vincent Valuations for appraisal services.
VOTE: Aye-5
Nay-0
Parks & Recreation Catsman Foundation Donation
Ms. Keron Poteat, Parks and Recreation Director, introduced Mr. Glenn Dempsey, President and Managing Director of the Catsman Foundation, who shared that the Foundation was offering a donation, in the amount of $65,000, for weight training equipment and an additional $5,000 to repair worn upholstery at the Community Recreation Center. The letter of intent had been reviewed by the County Attorney prior to the meeting. Mr. Dempsey stated that he intended to donate next year to the children’s play area.
Commissioner Russell, seconded by Commissioner Castle, moved to accept the donation in the amount of $65,000 from the Catsman Foundation for weight training equipment and $5,000 for upholstery replacement in the Community Recreation Center and to authorize the expenditures as earmarked for the donation.
VOTE: Aye-5
Nay-0
Emergency Services vehicle purchase
Mr. Shane Garland, Fire Marshal, requested approval of the purchase of one (1) new Ford F150 4X4 pickup truck in the amount of $68,543.33 including upfit for the Emergency Services Department. Adequate funds were available in the Fiscal Year 2024-25 budget.
Commissioner Eggers, seconded by Commissioner Castle, moved to approve the purchase of (1) new Ford F150 4X4 pickup truck in the amount of $68,543.33, including the upfit, from Parks Ford as presented by Fire Marshal Garland.
VOTE: Aye-5
Nay-0
Miscellaneous Administrative Matters
A. DSS Vehicle Purchase Request
County Manager Geouque stated that the Social Services Department was requesting to purchase two new 2024 Subaru Impreza’s through Jim Armstrong Subaru in Hickory, which was the lowest bidder. The purchase price was $24,793.98 for each vehicle, including tax and tag fees. Per Mr. Tom Hughes, DSS Director, the price was the state contract price and the lowest price available.
Vice-Chairman Wallin, seconded by Commissioner Russell, moved to award the bid to Jim Armstrong Subaru for two new 2024 Subaru Impreza’s totaling $49,587.96, including tax and tag fees.
VOTE: Aye-5
Nay-0
B. North Carolina Land & Water Fund Hardin Creek Restoration Project Declaration of Covenants, Conditions, and Restrictions for Restoration Purposes
County Manager Geouque stated that as part of the Hardin Creek Restoration Project, the County, as the land owner, was required to record a Declaration of Covenants and Restrictions on the property project. The County Attorney was to review the Declaration of Covenants and Restrictions, as presented after which the NC Land and Water Fund, Division of Land and Water Stewardship would review and approve.
Commissioner Eggers, seconded by Vice-Chairman Wallin, moved to accept the Declaration of Covenants and Restrictions on the portion of the High School property impacted by the project.
VOTE: Aye-5
Nay-0
C. Budget Amendments
County Manager Geouque, who also serves as Finance Director, presented the following budget amendments:
|
Account # |
Description |
Debit |
Credit |
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103980-398121 |
Transfer from Capital Projects Fund |
|
$50,000 |
|
213991-399101 |
Fund Balance Appropriation |
|
$50,000 |
|
219800-498010 |
Transfer to General Fund |
$50,000 |
|
|
104920-463300 |
Workforce housing Brookshire project |
$50,000 |
|
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The amendment recognized funds budgeted in the FY 2024 budget for workforce housing to cover architect, Geotech, and slope fees. |
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103980-398121 |
Transfer from Capital Project Fund |
|
$45,000 |
|
213991-399101 |
Fund Balance Appropriation |
|
$45,000 |
|
219800-498010 |
Transfer to General Fund |
$45,000 |
|
|
104920-463000 |
EDC Annual appropriation |
$45,000 |
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The amendment recognized funds approved by the Board on October 3, 2023, to fund a child care study. |
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104330-451000 |
Capital Outlay – Equipment |
$100,000 |
|
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103839-384000 |
Donations |
|
$100,000 |
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The amendment recognized the donation of a trailer from Watauga Rescue Squad. |
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143583-344082 |
Low Income Housing Water Assistance Program funding |
|
$8,973 |
|
145410-440805 |
Low Income Housing Water Assistance Program expenditures |
$8,973 |
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The amendment recognized NC Department of Health and Human Services allocated funds to assist with water utilities for low-income households, no match was required. |
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145410-449031 |
CARES LIEAP CIP |
$2,976 |
|
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143531-323000 |
Admin cost reimbursement – State and Federal |
|
$2,976 |
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The amendment recognized NC Department of Health and Human Services allocated additional funds to assist with LIEAP under the American Rescue Plan Act, no match was required. |
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103300-343125 |
Public safety grant |
|
$82,270 |
|
104310-451001 |
Capital Outlay - equipment |
$82,270 |
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The amendment recognized a public safety grant received from the NC Department of Public Safety, no County match was required. |
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103300-349616 |
STRAP grant |
|
$145,150 |
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104960-449919 |
STRAP grant – stream restoration |
$145,150 |
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The amendment recognized the Streamflow Rehabilitation Program (STRAP) project from NC Department of Agriculture and Consumer Services – Division of Soil and Water Conservation as approved at the July 19, 2022, Board of Commissioners meeting. |
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104330-469901 |
Foscoe Fire District Sales Tax Distribution |
$105,000 |
|
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104330-469903 |
Fall Creek Fire District Sales Tax Distribution |
$2,000 |
|
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104330-469904 |
Beaver Dam Fire District Sales Tax Distribution |
$18,000 |
|
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104330-469905 |
Boone Fire District Sales Tax Distribution |
$200,000 |
|
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104330-469906 |
Zionville Fire District Sales Tax Distribution |
$24,000 |
|
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104330-469907 |
Cove Creek Fire District Sales Tax Distribution |
$55,000 |
|
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104330-469908 |
Stewart Simmons Fire District Sales Tax Distribution |
$60,000 |
|
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104330-469910 |
Meat Camp Fire District Sales Tax Distribution |
$70,000 |
|
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104330-469911 |
Todd Fire District Sales Tax Distribution |
$7,000 |
|
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104330-469912 |
Blowing Rock Fire District Sales Tax Distribution |
$90,000 |
|
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104330-469913 |
Shawneehaw Fire District Sales Tax Distribution |
$26,000 |
|
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104330-469919 |
Creston Fire District Sales Tax Distribution |
$500 |
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104330-469924 |
Deep Gap Fire District Sales Tax Distribution |
$40,000 |
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103200-323300 |
Sales Tax Revenue |
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$697,500 |
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The amendment recognized additional projected sales tax distribution above original budget. |
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103200-326600 |
ABC bottle tax |
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$4,000 |
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105890-469848 |
Blue Ridge Mediation – ABC funds |
$4,000 |
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The amendment recorded additional bottle tax funds received. |
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243102-312100 |
Current year taxes Boone |
|
$69,000 |
|
243102-312101 |
Current year taxes Foscoe special district |
|
$6,000 |
|
243102-312107 |
Current year taxes Cove Creek special district |
|
$100 |
|
243102-312108 |
Current year taxes Shawneehaw special district |
|
$1,000 |
|
243102-312105 |
Current year taxes Beech Mtn. special district |
|
$1,000 |
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244340-469901 |
Pay to fire district Foscoe |
$6,000 |
|
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244340-469905 |
Pay to fire district Boone |
$69,000 |
|
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244340-469907 |
Pay to fire district Cove Creek |
$100 |
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244340-469908 |
Pay to fire district Shawneehaw |
$1,000 |
|
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244340-469998 |
Pay to fire district Beech Mountain |
$1,000 |
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283102-312101 |
Current year taxes Foscoe |
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$85,000 |
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283102-312103 |
Current year taxes Fall Creek |
|
$10,000 |
|
283102-312104 |
Current year taxes Beaver Dam |
|
$18,000 |
|
283102-312104 |
Current year taxes Stewart Simmons |
|
$90,000 |
|
283102-312106 |
Current year taxes Zionville |
|
$20,000 |
|
283102-312107 |
Current year taxes Cove Creek |
|
$4,000 |
|
283102-312108 |
Current year taxes Shawneehaw |
|
$20,000 |
|
283102-312109 |
Current year taxes Meat Camp |
|
$30,000 |
|
283102-312110 |
Current year taxes Deep Gap |
|
$38,000 |
|
283102-312111 |
Current year taxes Todd |
|
$8,000 |
|
283102-312112 |
Current year taxes Blowing Rock |
|
$90,000 |
|
283102-312119 |
Current year taxes Meat Camp/Creston |
|
$2,500 |
|
284340-469901 |
Pay to fire district Foscoe |
$85,000 |
|
|
284340-469903 |
Pay to fire district Fall Creek |
$10,000 |
|
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284340-469904 |
Pay to fire district Beaver Dam |
$18,000 |
|
|
284340-469905 |
Pay to fire district Stewart Simmons |
$90,000 |
|
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284340-469906 |
Pay to fire district Zionville |
$20,000 |
|
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284340-469907 |
Pay to fire district Cove Creek |
$4,000 |
|
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284340-469908 |
Pay to fire district Shawneehaw |
$20,000 |
|
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284340-469909 |
Pay to fire district Meat Camp |
$30,000 |
|
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284340-469910 |
Pay to fire district Deep Gap |
$38,000 |
|
|
284340-469911 |
Pay to fire district Todd |
$8,000 |
|
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284340-469912 |
Pay to fire district Blowing Rock |
$90,000 |
|
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284340-469919 |
Pay to fire district Meat Camp/Creston |
$2,500 |
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The amendment recognized additional projected fire tax distribution above original budget. |
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293270-312009 |
Occupancy Tax Revenues |
|
$2,200,000 |
|
294140-469900 |
Watauga County District U TDA |
$22,000 |
|
|
294140-449900 |
Administrative Collection Fee |
$2,178,000 |
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The amendment recognized projected occupancy tax revenues above original budget. |
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313839-395123 |
Fines and Forfeitures |
|
$80,000 |
|
315911-463200 |
Board of Education |
$80,000 |
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The amendment recorded additional fines and forfeitures above original budget. |
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533839-389420 |
Opioid settlement |
|
$300,000 |
|
533839-525405 |
Opioid disbursements |
$300,000 |
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The amendment recognized Opioid settlement awards funded per approval at the July 18, 2023, Board of Commissioners meeting. |
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754440-469142 |
Representative 142 |
$2,345 |
|
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754440-468163 |
Representative 163 |
$461 |
|
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754440-469215 |
Representative 215 |
$1,754 |
|
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754440-469226 |
Representative 226 |
$239 |
|
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754440-469227 |
Representative 227 |
$4,087 |
|
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754440-469228 |
Representative 228 |
$276 |
|
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754440-469229 |
Representative 229 |
$90 |
|
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754440-469230 |
Representative 230 |
$634 |
|
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753212-369142 |
Representative 142 |
|
$2,345 |
|
753212-369163 |
Representative 163 |
|
$461 |
|
753212-369215 |
Representative 215 |
|
$1,754 |
|
753212-369226 |
Representative 226 |
|
$239 |
|
753212-369227 |
Representative 227 |
|
$4,087 |
|
753212-369228 |
Representative 228 |
|
$276 |
|
753212-369229 |
Representative 229 |
|
$90 |
|
753212-369230 |
Representative 230 |
|
$634 |
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The amendment recognized additional DSS clients. |
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104265-435101 |
Maintenance and repairs – grounds |
$151,076 |
|
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103300-343127 |
OSBM grant |
|
$151,076 |
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The amendment recognized paving at the Hannah Building per Board approval at the March 19, 2024, meeting. |
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104275-435101 |
Maintenance and repairs |
|
$55,000 |
|
104268-435100 |
Maintenance and repairs |
|
$25,000 |
|
104269-435200 |
Maintenance and repairs |
|
$31,000 |
|
104285-435101 |
Maintenance and repairs |
$111,000 |
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The amendment allocated unused funds to the Brookshire paving project. |
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103839-343119 |
Donation – land |
|
$165,000 |
|
104291-457000 |
Valle Crucis Watauga River land donation |
$165,000 |
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The amendment recognized a land donation for the access to Watauga River Paddle Trail in Valle Crucis per Board approval at the October 17, 2023, Board meeting. |
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Vice-Chairman Wallin, seconded by Commissioner Russell, moved to approve the budget amendments as presented by Mr. Geouque.
VOTE: Aye-5
Nay-0
D. Proposed Kill/Chill Capital Projects Ordinance
County Manager Geouque stated that, should the Kill/Chill project move forward, it would span multiple budget years requiring a Capital Project Ordinance to be adopted. As the County has already received funds and expended funds, Mr. Geouque presented a proposed Ordinance to meet the requirement.
Commissioner Russell, seconded by Commissioner Eggers, moved to adopt the Capital Project Ordinance for the future Kill/Chill facility as presented by the County Manager.
VOTE: Aye-5
Nay-0
E. North Carolina Association of County Commissioners (NCACC) Voting Delegate
County Manager Geouque stated that the 117th NCACC Annual Conference would be held August 8-10, 2024, in Forsyth County. Visit https://www.ncacc.org/events-training/annual-conference/ for more information. The appointment of a Voting Delegate has been requested.
Chairman Turnbow, seconded by Vice-Chairman Wallin, moved to appoint Commissioner Russell, Commissioner Castle, or Commission Eggers, to serve as the voting delegate based on who is available to attend the meeting.
VOTE: Aye-5
Nay-0
F. Boards and Commissions
County Manager Geouque shared the following:
AppalCART Board
The Town of Boone recommends reappointing Todd Carter as a Town representative and Appalachian State University recommends reappointing John Adams as a University representative on the AppalCART Board. These are first readings and, therefore, no action is required.
Vice-Chairman Wallin, seconded by Commissioner Russell, moved to waive the second readings and reappoint Mr. Todd Carter, as the Town of Boone representative, and appoint Mr. John Adams, as an Appalachian State University representative, on the AppalCART Board.
VOTE: Aye-5
Nay-0
G. Announcements
County Manager Geouque announced that Mr. Eric Hiegl, Director of Land Protection & Stewardship with Blue Ridge Conservancy, had announced that they are planning a ribbon cutting for the Valle Crucis River Access on July 26th, 2024 at 11:00 A.M. The County Manager stated that they would like for at least one or two Commissioners to be there.
Closed Session
At 7:06 P.M., Vice-Chairman Wallin, seconded by Commissioner Eggers, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).
VOTE: Aye-5
Nay-0
Commissioner Castle, seconded by Vice-Chairman Wallin, moved to resume the open meeting at 8:42 P.M.
VOTE: Aye-5
Nay-0
Possible Action After Closed Session
A Consent Order regarding Watauga County Board of Commissioners, Plaintiff, v. Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate; Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives; and The North Carolina State Board of Elections, Defendants and Braxton Eggers, Todd Castle, and Henry Perry Yates, Jr., Intervenors.
Commissioner Eggers, seconded by Commissioner Castle, moved to approve the consent order as written with no changes.
Commissioner Russell read the below statement:
“Statement to be read before voting on the Motion to Enter into a
Consent Order with the General Assembly over County Commission Elections in 2024
In my office as County Commissioner, I have decided to vote For entering into the consent agreement with the General Assembly as the best path forward for Watauga County.
However, as an individual and voter in the newly created District 2 of Watauga County, I believe Senate Bill 759 was poorly considered and constructed.
• It was written without consultation with any current county commissioner.
• It disenfranchises 23,000 Watauga County residents in 2024.
• It makes the value of a county commission vote from Districts 1 and 2 worth roughly 10°/o less than a vote from Districts 3, 4, 5 after 2024.
• Because it splits precincts into multiple districts (one precinct into 3 districts), the plan will produce voter confusion regarding which county commission district they reside in, delays and frustration at polling places, and inevitably lead to incorrect ballots being given to some voters.
• It does not make county commission districts "as equal as is practicable" in population.
• The process was not transparent. We do not know who drew the maps or what criteria or voter data was used in producing the district maps. And the bill was rushed through the legislature in just 7 days without ample vetting.
• It appears to have been constructed specifically to reduce the voting power of a specific class of voters.
In the proposed consent agreement, I believe ambiguities remain in the process and that existing state statutes have been misinterpreted and incorrectly applied, and that previous court rulings and the NC Constitutional provisions have been ignored.
I believe SB 759 and the implementation plan provided in the proposed consent agreement are a violation of equal protection under federal law.
Therefore, personally, I find the law and consent agreement illegal, immoral, and unconstitutional.”
The following vote was taken on the above motion:
VOTE: Aye-4(Turnbow, Castle, Eggers, Russell)
Nay-0
Against-1(Wallin)
Adjourn
Vice-Chairman Wallin, seconded by Commissioner Eggers, moved to adjourn the meeting at 8:49 P.M.
VOTE: Aye-5
Nay-0
Larry Turnbow, Chairman
ATTEST: Anita J. Fogle, Clerk to the Board