MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JANUARY 15, 2013
The Watauga County Board of Commissioners held a regular meeting on Tuesday, January 15, 2013, at 5:30 P.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.
PRESENT: Nathan Miller, Chairman
David Blust, Vice-Chairman
Billy Kennedy, Commissioner
John Welch, Commissioner
Perry Yates, Commissioner
Stacy Eggers, IV, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
Chairman Miller called the meeting to order at 5:32 P.M.
Vice-Chairman Blust opened the meeting with a prayer and Commissioner Yates led the Pledge of Allegiance.
Approval of Minutes
Chairman Miller called for additions and/or corrections to the December 3, 2012, regular meeting and closed session minutes.
Commissioner Yates, seconded by Commissioner Welch, moved to approve the December 3, 2012, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Yates, seconded by Commissioner Blust, moved to approve the December 3, 2012, closed session meeting minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Miller called for additions and/or corrections to the January 15, 2013, agenda.
County Manager Geouque requested to add consideration of a resolution extending the tax listing period under Tax Matters.
County Manger Geouque stated that the request to hold a public hearing to allow citizen comment on the proposed Valle Crucis Trail Project (originally scheduled to be held at this meeting) was withdrawn by Mr. Eric Woolridge and, therefore, not included on the agenda.
Commissioner Blust, seconded by Commissioner Kennedy, moved to approve the January 15, 2013, agenda as amended.
VOTE: Aye-5
Nay-0
out-of-state travel request
County Manager Geouque, on the Sheriff’s behalf, stated that Sheriff Hagaman serves on the National Sheriff’s Association Homeland Security Committee which meets on January 30, 2013, in Washington, DC. The County Manager stated that the Sheriff had requested to attend the meeting which required non-essential, out-of-state travel; therefore, Board approval was required.
The County Manager stated that the Sheriff had also requested the County pay for his registration (approximately $150) and gas mileage while attending the meeting. It was unclear as to whether a County-owned vehicle would be driven.
Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the Sheriff’s out-of-State travel request and to direct the County Manager to pay the registration fee and determine the rate and amount for gas or mileage reimbursement.
VOTE: Aye-5
Nay-0
Board of Elections Help America Vote Act (HAVA) Grant Application Request
Ms. Stella Anderson, Chair of the Watauga County Board of Elections, presented a grant application request for reimbursement of 2012 Second Primary and General Election coding costs. If awarded, the grant will reimburse the County $5,767.94 for costs associated with the coding and layout of ballots for the 2012 Second Primary and General Election.
Commissioner Yates, seconded by Commissioner Welch, moved to authorize the submission of the grant application for reimbursement of costs, in the amount of $5,767.94, incurred for the coding and layout of ballots for the 2012 Second Primary and General Election.
VOTE: Aye-5
Nay-0
Middle Fork Falls Resort High Impact Land Use Ordinance Variance Request
Chairman Miller stated that the High Impact Land Use (HILU) Ordinance required the Board of County Commissioners to hear all appeals, challenges, or variance requests. Mr. Steve Moberg, Satchmo & Company, LLC, the developer of the proposed Middle Fork Falls Resort requested a variance which was heard as a quasi-judicial hearing; therefore, Chairman Miller swore-in Mr. Joe Furman, Planning and Inspections Director, and Mr. Steve Moberg, President of Satchmo and Company, LLC.
Mr. Joe Furman stated that the Middle Fork Falls Resort project was unique in that it involves several ordinances and approvals including primarily the High Impact Land Use Ordinance, the Watershed Ordinance, the Ordinance To Govern Subdivisions and Multi Unit Structures. Both the High Impact Land Use Ordinance and Watershed Ordinance required staff approvals which were given. The Planning Board also approved the Middle Fork Falls Resort master plan at their December 17, 2012, meeting. The High Impact Land Use Ordinance includes height requirements from which the developer is seeking a variance. Mr. Furman also stated that the Towns of Blowing Rock and Boone had fire trucks that would reach the heights of the requested variance.
There were no questions from Mr. Moberg or Board members.
Mr. Moberg stated that Middle Fork Falls Resort would be the second indoor waterpark in North Carolina.
Clerk’s Note: Below is an excerpt of the HILU Ordinance:
“Section 5. Application of the Variance Power. A variance shall only be allowed by the Board of Commissioners in cases involving practical difficulties or unnecessary hardships. Any authorizing of a variance shall not destroy the intent of the ordinance. Any authorized variance shall be recorded in the minutes of the Watauga County Board of Commissioners. A hardship, as used in the context of this section, shall be considered to be some unique or unusual character of the proposed site, including but not limited to unique size, shape, contour, or distance requirement. An economic hardship to the applicant is not to be considered for a variance.
The Board may grant a variance upon finding that the following conditions exist:
1) Extraordinary and exceptional conditions exist pertaining to the particular place or property in question because of its size, shape, or topography.
2) The variance will not confer upon the applicant any special privileges that are, or would be, denied to other similarly situated individuals.
3) This ordinance would deprive the applicant of rights commonly enjoyed by other similarly situated individuals.
4) The variance would not seriously deter from the purpose and intent of this ordinance and will not be injurious to the neighborhood or to the general welfare.
5) The special circumstances causing the need for variance(s) are not the fault of the applicant.
The Board may impose reasonable conditions upon the granting of any variance in order to protect the public interest or neighboring property owners. Violation of any such conditions shall be a violation of this ordinance and subject to the penalties set forth in Article VI of this ordinance.”
Mr. Moberg presented the following answers to the hardship under Article V, questions 1-5, of the High Impact Land Use Ordinance, for the Indoor waterpark and connecting hotel. Mr. Moberg noted that the entire Indoor waterpark and hotel would be fully sprinkled and built to current fire and safety codes. The variance request was for an additional eighteen (18) feet in height.
“Answers to Article V, Questions 1-5, High Impact Land Use Ordinance:
1. We are very limited in buildable area because the Middle Fork River flood hazard area inundates nearly half or more of our property. Building vertically allows us to avoid building construction in the floodplain and prevents significant encroachment into the steep terrain behind the building site. Vertical construction above the 40' limit would preserve the natural features of the site (sloping hillsides and floodplains) which are each contributing to our hardship.
2. Indoor Water Parks require an increased height of more than 40' because of the heights of the slides and their entry platforms. An additional reason for the request of the height variance is because of the snow load that will have to be met on the enclosed glass structure design.
3. Other similarly situated individuals, IE, Water Park owner/operators/developers with indoor structures need elevations above 40' to accommodate water park slides, amenities and platforms.
4. The structure of the additional Water Park/Hotel will be fully sprinkled and to current fire and safety codes. The neighborhood and adjoining properties are Amusement Parks. Snow load will require this height variance and will determine the pith of the roof structure. The Water park and Hotel will be connected. There is a strong possibility of solar components on the roof behind the parapet wall of the Hotel that will be used for the Indoor water park. Both the Hotel and water park will be designed to current fire and safety codes.
5. All Indoor water parks require higher structures because of the slides, platforms and other attractions. It is a prerequisite to design.”
Chairman Miller asked why a variance would be denied to others.
Mr. Moberg answered that anyone wanting an indoor waterpark would need a plan approved by the Planning Board with conditions.
There were no further questions from Board members or Mr. Furman.
Mr. Furman had no closing remarks and Mr. Moberg stated, in closing, that the park would be open year-round potentially creating four hundred (400) full-time, year-round jobs in the County.
Mr. Furman stated that the land for the proposed waterpark was being sold by Tweetsie Railroad which was required to build the existing greenway on the property as part of their Economic Development Incentive with the County. He also stated that this land is separate from the property purchased by the County under the Incentive agreement.
The evidentiary portion of the hearing was closed by Chairman Miller at 5:55 P.M.
The following actions were taken by the Board of Commissioners:
Chairman Miller, seconded by Commissioner Yates, moved to find that Satchmo & Company, LLC, owned by Mr. Steve Moberg, a local developer, planned to build an indoor waterpark of which was approved by the Watauga Planning Board.
VOTE: Aye-5
Nay-0
Chairman Miller, seconded by Commissioner Welch, moved to find that the plans for the Satchmo & Company, LLC, indoor facility included a waterpark and hotel which were proposed to be 58 feet tall.
VOTE: Aye-5
Nay-0
Chairman Miller, seconded by Commissioner Yates, moved to find that a large portion of the property on which Satchmo & Company, LLC, planned to construct their waterpark was in the flood plain and restricted with a hillside to the back of the property.
VOTE: Aye-5
Nay-0
Chairman Miller, seconded by Vice-Chairman Blust, moved to find that extraordinary and exceptional conditions exist pertaining to the particular place or property in question because of its size, shape, or topography.
VOTE: Aye-5
Nay-0
Chairman Miller, seconded by Vice-Chairman Blust, moved to find the variance will not confer upon the applicant any special privileges that are, or would be, denied to other similarly situated individuals.
VOTE: Aye-5
Nay-0
Chairman Miller, seconded by Vice-Chairman Blust, moved to find the High Impact Land Use Ordinance would deprive the applicant of rights commonly enjoyed by other similarly situated individuals.
VOTE: Aye-5
Nay-0
Chairman Miller, seconded by Commissioner Yates, moved to find the variance would not seriously deter from the purpose and intent of this ordinance and will not be injurious to the neighborhood or to the general welfare.
VOTE: Aye-5
Nay-0
Chairman Miller, seconded by Vice-Chairman Blust, moved to find the special circumstances causing the need for variance(s) were not the fault of the applicant.
VOTE: Aye-5
Nay-0
Chairman Miller, seconded by Vice-Chairman Blust, moved to grant a variance to the High Impact Land Use Ordinance allowing Satchmo & Company, LLC, to construct a 58 foot tall indoor waterpark.
VOTE: Aye-5
Nay-0
The hearing was closed at 6:10 P.M.
Planning & Inspections Matters
A. North Carolina Department of Transportation (NCDOT) Agreement Requests
1. Middle Fork Greenway
2. Brookshire Park and Boone Greenway Connector
Mr. Joe Furman stated that the North Carolina Department of Transportation (NCDOT) recently changed their method of funding projects. The Bicycle and Pedestrian Division has chosen to funds projects that are the closest to being “shovel-ready.”
Therefore, Mr. Furman presented two agreements between the NCDOT and Watauga County. Agreement # 3749 was to construct Phase I of the Middle Fork Greenway calling for the construction of approximately one-half (0.5) of a mile extending the existing greenway at Tweetsie Railroad Theme Park, across Mystery Hill property, into NCDOT Right-of-Way and under Highway 421 to Sterling Creek Park. A total of $300,000 has been committed from Federal Funds with the State providing a $75,000 match and the County responsible for any costs over the $375,000.
Agreement # 3769 was to construct a multi-use greenway underpass beneath Highway 421 calling for the construction of approximately one (1) mile of a 10 foot wide paved asphalt greenway to connect the Boone Greenway system to Brookshire Park and Ted Mackorell Soccer Complex and the newly funded New River Greenway. A total of $480,000 has been committed from Federal Funds with the State providing a $120,000 match and the County responsible for any costs exceeding the $600,000.
During discussion, concerns were raised due to wording in the contracts that stated the County would be responsible for any costs exceeding the allotted Federal and State funding.
County Attorney Eggers stated that the Board could request NCDOT change the wording in the contract; however, for both projects, the County would have the right to deny the grant funding if bids came in over budget. He also stated that the Requests for Proposals would be worded in a manner designed to keep project costs under budget.
Mr. Furman stated that with the County requesting bids for construction and having first approval of change orders, costs are anticipated to be kept below the amounts allotted through Federal and State funding.
County Attorney Eggers stated that an encroachment would potentially be required from the Department of Transportation for the construction of the greenways.
Commissioner Yates, seconded by Commissioner Welch, moved to adopt the agreement with the North Carolina Department of Transportation to construct Phase I of the Middle Fork Greenway in the amount of $375,000 contingent upon bidding the project prior to accepting funds.
VOTE: Aye-4(Miller, Kennedy, Welch, Yates)
Nay-1(Blust)
Commissioner Yates, seconded by Commissioner Welch, moved to adopt the agreement with the North Carolina Department of Transportation to construct the Brookshire Park and Boone Greenway Connector in the amount of $600,000 contingent upon bidding the project prior to accepting funds.
VOTE: Aye-4(Miller, Kennedy, Welch, Yates)
Nay-1(Blust)
Commissioner Yates, seconded by Commissioner Kennedy, moved to designate Joe Furman as the project administrator for both of the above NC Department of Transportation (DOT) project agreements (# 3749 and # 3769).
VOTE: Aye-5
Nay-0
B. Public Hearing Request to Allow Citizen Comment on the Implementation of Water Supply Watershed Protection for a Portion of the South Fork New River
Mr. Furman stated that the North Carolina Environmental Management Commission reclassified a segment of the South Fork of the New River related to the Town of Boone’s proposed water intake in July of 2012. Due to the reclassification, the County was required to implement watershed protection rules for the newly classified segment by March 30, 2013. Since the County had an ordinance in place applicable to other watersheds, the County’s action to comply was to adopt an official map of the subject watershed, as well as adopt ordinance text changes incorporating the new watershed and updates as dictated by statutory and rule changes. The current watershed protection ordinance has been in place since 1994.
Mr. Furman stated that the Planning Board reviewed and recommended approval at their December 17, 2012, meeting and were requesting a public hear be set for February 19, 2013. This would allow time to mail information to affected property owners announcing the hearing, post signs in the affected area, and publish notices of the hearing.
On February 19, after the public hearing, Mr. Furman plans to recommend the Board adopt an official map of the subject watershed, as well as ordinance text changes incorporating the new watershed and updates. If the Board chose not to adopt the map and ordinance amendments then the State could do so and potentially charge the County civil penalties for having not done so.
Commissioner Blust, seconded by Commissioner Kennedy, moved to schedule a public hearing for Tuesday, February 19, 2013, at 6:00 P.M. to allow for citizen comment on the implementation of water supply watershed protection for a portion of the South New River.
VOTE: Aye-5
Nay-0
Communications & Emergency Services Matters
A. 2013 Emergency Management Performance Grant Program Participation Request
Mr. Steve Sudderth, Watauga County Fire Marshal, stated that each year the North Carolina Department of Public Safety provided grant monies for Counties completing certain emergency planning activities. These activities served as the base amount and in the case of Watauga County amounts to $20,625. The County could also complete up to six (6) additional activities to receive up to an additional $15,000. Mr. Sudderth stated that this was an annual program in which the County had participated in for at least (20) years.
Commissioner Yates, seconded by Commissioner Kennedy, moved to submit the grant application to the North Carolina Department of Public Safety and completed the required activities to receive the $35,625.
VOTE: Aye-5
Nay-0
B. Communications Tower Use Request
Mr. Sudderth presented a request from High Country Online to install equipment on the County’s communication tower located on Rich Mountain. The County was neither currently utilizing nor had future plans to utilize the tower. High Country Online conducted an engineer study to ensure the tower could handle the new equipment. In exchange for the use of the tower, High Country Online proposed to provide the Sheriff’s Office and Watauga County Emergency Management access to mobile internet at no cost. High Country Online also proposed to provide general maintenance of the tower.
County Manager Geouque stated that an agreement should include language that if, for any reason, the High Country Online equipment was to interfere with Sheriff and/or fire communications the contract would be terminated.
Chairman Miller directed staff to negotiate a contract with High Country Online to present for approval at the February 5, 2013, Board meeting.
Tax Matters
A. Monthly Collections Report
Tax Administrator Larry Warren presented the Tax Collections Report for the month of December 2012. This report was presented for information only and, therefore, no action was required.
B. Refunds and Releases
Mr. Warren presented the following Refunds and Releases for December 2012 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the Refunds and Releases Report for December 2012, as presented.
VOTE: Aye-5
Nay-0
C. Extended Listing Period Request
Mr. Warren requested that the tax listing period for 2013 be extended through February 28, 2013. The purpose of the extension was to allow ample time, due to recent software changes, for citizens to file personal property. Mr. Warren presented a draft resolution which, upon adoption, would authorize the extension.
Commissioner Welch, seconded by Commissioner Kennedy, moved to adopt the resolution authorizing the extension of the 2013 tax listing period through February 28, 2013, as presented by Mr. Warren.
VOTE: Aye-5
Nay-0
Bid Award Request for USDA Data Room Project
Mr. Robert Marsh, Maintenance Director, stated that bids were solicited for the construction of a data room which was required for the new USDA lease with the County. The following bids were received:
|
Contractor |
Base Bid |
Cassette Mounted A/C |
Rec. 12/18/12 Revision |
Completion Date |
|
Greene Construction, Inc. Boone, NC |
$20,000.00 |
$802 |
Yes |
30 days |
|
Dallas Lawrence Construction Boone, NC |
$22,763.00 |
n/a |
Yes |
15 working days from start |
|
David Stapleton Construction, Inc. Boone, NC |
$23,720.10 |
n/a |
|
TBD |
|
Houck Contracting, LLC Hickory, NC |
$18,630.00 |
$980 |
Yes |
February 15, 2013 (Dependent upon availability of equipment) |
Mr. Marsh contacted the two lowest bidders to request a price for a ceiling cassette mounted A/C unit. The base bid included an A/C unit that satisfied the USDA requirements; however, the cassette mounted unit would provide more space to locate other equipment in the proposed data room. Houck Contracting, LLC remained the low bidder with a total amount of $19,610, including the cassette mounted A/C unit. Funds have been identified in the Maintenance Department budget along with the additional revenue from the new USDA lease to cover the cost of the construction.
County Attorney Eggers stated that statutes required the bid must be awarded to the lowest responsive and responsible bidder. Mr. Marsh stated that Houck Contracting, LLC, did submit a responsive and responsible bid.
By consensus, the Board agreed to direct the County Manager to prepare a resolution requesting a local bill be adopted allowing the Board opportunity to award bids to local companies if within close proximity to the lowest bid.
Commissioner Yates, seconded by Commissioner Welch, moved to award the bid to the low bidder, Houck Contracting, LLC, in the total amount of $19,610 including the ceiling cassette mounted A/C unit ($18,630 base bid and $980 cassette unit) with funds to be allocated from the Maintenance Department budget along with the additional revenue from the new USDA lease contingent upon the County Attorney drafting a contract and the costs not going over the bid amount.
VOTE: Aye-4(Blust, Kennedy, Welch, Yates)
Nay-1(Miller)
Budget Amendments
Ms. Margaret Pierce, Finance Director, reviewed the following budget amendments:
|
Account # |
Description |
Debit |
Credit |
|
103300-341600 |
US DOJ Drug Court Grant |
|
$36,563 |
|
105890-469851 |
Blue Ridge Mediation Drug Court |
$36,563 |
|
|
|
|||
|
The amendment recognized a grant award from the US Department of Justice for drug court services contracted with Blue Ridge Mediation and Restorative Justice. The County match was present in the budget. |
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|
|
|||
|
Account # |
Description |
Debit |
Credit |
|
103839-343100 |
Donation to Sheriff’s Office |
|
$1,000 |
|
104310-439500 |
Employee Training |
$1,000 |
|
|
|
|
|
|
|
The amendment recognized funds received by the Sheriff’s Office from the Wal-Mart Foundation. The funds were to be used to purchase additional ammunition for training exercises and recertification of officers. |
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|
|
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Commissioner Yates, seconded by Commissioner Welch, moved to approve the budget amendments as presented by Ms. Pierce.
VOTE: Aye-5
Nay-0
Miscellaneous Administrative Matters
A. Natural Gas Easement Request
County Manager Geouque stated that Frontier Natural Gas requested an easement from the County, as the owner of the new High School property, in order for natural gas to be available to 112 Rolling Hills Drive in Boone.
County Attorney Eggers shared the following concerns:
· Construction of the pipelines was not specified in the easement and could be moved without further notification.
· Granting the easement could limit future use of the property including limits to grading in that area.
A map showing the current gas line on the High School property and the proposed easement was shared for review. Notification was provided to the School Board on the easement for any possible concerns they may have and will be discussed at their January 14, 2013, meeting.
Board action, contingent upon County Attorney review, is required to approve the easement as presented.
Commissioner Miller, seconded by Vice-Chairman Blust, moved to approve the easement contingent upon the pipelines being completely below grade and within a defined easement boundary with meets and bounds and contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
B. Boards & Commissions
County Manager Geouque stated that the Watauga Medical Center Board of Trustees had recommended Mr. Keith Tester and Ms. Jan Winkler for reappointment as Board Trustees. Each of their terms would be effective January 1, 2013, through December 31, 2015. A recommendation for the third three-year trustee was forthcoming and would be presented for consideration at a future meeting.
County Manager Geouque stated that the term of Watauga County Adult Care Home Community Advisory Committee (ACCAC) member, Ms. Glenda Hodges, was to expire January 17, 2013. The High Country Council of Governments’ Ombudsman, Ms. Julie Wiggins, had nominated Ms. Hodges for reappointment. Ms. Hodges was willing to continue to serve if so appointed.
The above were first readings and, therefore, no action was required at this time.
County Manager Geouque stated that each Commissioner appoints a representative to the Boone Rural Fire Protection Service District Board whose term will run concurrent with the term of the appointing Commissioner. Boone Rural Fire Service District Board members must own property and reside within that Fire Service District.
Commissioner Welch nominated Mr. Lee Stroupe and Commissioner Yates nominated Mr. Tommy Critcher.
Vice-Chairman Blust, seconded by Commissioner Welch, moved to waive a second reading and appoint Mr. Lee Stroupe and Mr. Tommy Critcher to the Boone Rural Fire Protection Service District Board.
VOTE: Aye-5
Nay-0
County Manager Geouque stated that each Commissioner nominated a representative to the Watauga County Planning Board whose term would run concurrent with the term of the appointing Commissioner. Planning Board members must live within the appointing Commissioners District and action must be taken by the entire Board of Commissioners to make these appointments.
Commissioner Yates nominated Mr. Todd Castle.
Vice-Chairman Blust, seconded by Commissioner Welch, moved to waive a second reading and appoint Mr. Todd Castle to the Watauga County Planning Board.
VOTE: Aye-5
Nay-0
C. Announcements
County Manager Geouque announced the following:
· The NCACC Legislative Goals Conference is scheduled for January 24-25, 2013, in Durham. The NCACC also requests that any counties attending the Conference appoint a voting delegate to represent the member counties.
· The UNC School of Government and the North Carolina Association of County Commissioners (NCACC) jointly hold a two-day orientation to county government in four locations across the state. The 2013 Essentials of County Government Course, which includes required ethics training, is for newly elected officials, veteran elected officials and managers.
· The Board of Commissioners holds a two-day Pre-Budget Retreat each year. The dates of February 21, 22, and 23, 2013, and February 28, March 1 and 2, 2013, were proposed for scheduling the two-day meeting with times proposed as 12–6 P.M. on Thursday and/or Friday and 9 A.M.–12 P.M. on Saturday.
By consensus, the Board agreed to schedule the Annual Pre-Budget Retreat on Friday, February 22 & 23, 2013, beginning at 12:00 P.M. on Friday and 9:00 A.M. on Saturday.
Public Comment
Ms. Margaret Buck shared her concerns regarding FCC regulations and the request by High Country Online for use of the County’s Communication Tower.
Chairman Miller recognized and welcomed Boy Scouts from Pack # 109 who attended the meeting.
Closed Session
At 7:25 P.M., Vice-Chairman Blust, seconded by Commissioner Welch, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3) and Personnel Matters, per G. S. 143-318.11(a)(6).
VOTE: Aye-5
Nay-0
Vice-Chairman Blust, seconded by Commissioner Welch, moved to resume the open meeting at 8:01 P.M.
VOTE: Aye-5
Nay-0
Possible Action After Closed Session
Vice-Chairman Blust, seconded by Commissioner Yates, moved to appoint Ms. April Pope as the Veteran’s Service Officer and set her salary at $38,135 with a retroactive effective date of January 1, 2013.
VOTE: Aye-5
Nay-0
Adjourn
Commissioner Yates, seconded by Commissioner Kennedy, moved to adjourn the meeting at 8:03 P.M.
VOTE: Aye-5
Nay-0
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board