WATAUGA COUNTY BOARD OF COMMISSIONERS
SPECIAL MEETING, MONDAY, FEBRUARY 8, 1999
The Watauga County Board of Commissioners held a special meeting on Monday, February 8, 1999 at 9:30 A.M. at the Broyhill Inn & Conference Center for a mediation session mandated by Federal Court in the case of Watauga County vs. the Town of Boone vs. International Resistive Company, Inc., et. al.
The following parties were present:
Judge Robert A. Collier, Jr.
Jimmy Hodges, Chairman
Sue Sweeting, Vice-Chairman
Jack Lawrence, Sr., Commissioner
Jeff Hedrick, County Attorney
Barry J. Reed, County Manager
Libby Link, Clerk to the Board
Bill Ross, Attorney
Reid Phillips, Attorney
Town of Boone
Velma Burnley, Mayor
Dempsey Wilcox, Mayor Pro Tem
Loretta Clawson, Town Council
Max Schrum, Town Council
Jimmy Smith, Town Council
Tim Wilson, Town Council
David Paletta, Town Attorney
Greg Young, Manager
International Resistive Company, Inc.
Shelton Wilson, Attorney
Steve DeGeorge, Attorney
Donald M. Nielsen, Attorney
Scott Blackhurst, Attorney
David A. Franchina
Judge Collier introduced himself and deferred first to the County to convene the Board of Commissioners’ meeting.
Chairman Hodges called the meeting to order at 9:32 A.M. to begin a mediation session. Chairman Hodges stated Commissioner Art Kohles had gone to Texas due to a serious illness in the family and was unable to attend the meeting.
Judge Collier then deferred to the Town of Boone to convene its meeting. Mayor Burnley opened the Town’s meeting.
Judge Collier explained how the session would be conducted.
Each party made opening comments.
Commissioner Coffey seconded by Commissioner Lawrence, moved to enter closed session for mediation at 10:55 A.M.
After discussion, the County and the Town of Boone agreed to the following settlement in the case of Watauga County vs. Town of Boone vs. International Resistive Co., Inc., et al.
- The Town of Boone would pay the County a lump-sum payment of $225,000 by July 15, 1999.
- The Town of Boone would pay $45,000 per year for a period of 10 years to the County. The County should place this money in a special fund earmarked for development of park and recreation facilities in the Ann Marie and Elizabeth Drive areas.
- The Town of Boone would provide public water service to the eight homes in Rocky Mountain Heights identified as potentially impacted by landfill groundwater contamination. The Town would provide this service free of charge for a period of 10 years and waive tap and availability fees to these residences. The Town would also provide public water free of charge for a period of 10 years to the Archie Carroll residence. The Town would complete installation of these lines before December 31, 1999.
- The Town of Boone would rescind its resolution for disconnecting water and sewer services to certain County facilities outside the municipal limits adopted at its January 28, 1999 meeting.
- The Town of Boone would waive service fees for water and sewer to the State Prison Camp through June 30, 1999.
- In the future, the Town of Boone would provide sewer service to the Health Department and Caldwell Community College located on Brook Hollow Road. The County would pay for the installation of the sewer service lines, and the Town would waive the tap and availability fees.
Vice-Chairman Sweeting seconded by Commissioner Lawrence, moved to go out of closed session at 5:55 P.M.
Commissioner Coffey seconded by Vice-Chairman Sweeting, moved to approve the settlement with the Town of Boone as discussed.
Commissioner Coffey seconded by Commissioner Lawrence, moved to adjourn the meeting at 5:58 P.M.
Jimmy Hodges Chairman
Barry J. Reed