CLOSED SESSION MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JANUARY 21, 2014
The Watauga County Board of Commissioners entered Closed Session to discuss Attorney/Client
Matters – G. S. 143-318.11(a)(3) and Land Acquisition – G. S. 143-318.11(a)(5)(i).

ATTORNEY/CLIENT MATTERS
Conrad Tax Relief Request
Tax Administrator, Larry Warren, stated that a Watauga County property owner, Ms. Anita Conrad,
had requested him to appear before the Board on her behalf regarding a discovery bill on her property
located at 642 Black Locust Circle (Parcel ID # 2828068037000). Ms. Conrad purchased the
property from Rictur, Inc. on September 28, 2011. The discovery bill was prepared on December 12,
2012, for a house that had never been taxed. The discovery bill included taxes for the house only, for
2011 and 2012. The bill was mailed to Ms. Conrad in March, 2013, as she was the current owner.
Ms. Conrad feels that since she did not purchase the property until September, 2011, she should not
be responsible for the 2011 taxes. It was the responsibility of Rictur, Inc. to list the house when it
was completed in 2010.
Per G. S. 105-312 of the North Carolina Machinery Act, "It shall be the duty of the assessor to see
that all property not properly listed during the regular listing period be listed, assessed and taxed as
provided …" Ms. Conrad received a tax bill from the Tax Office, along with a cover letter
explaining what a "discovery" was and referring back to the Machinery Act, 105-312(d)(4), "A
statement to the effect that the appraisal will become final unless written exception is filed with the
assessor within 30 days from the date of the notice.” After researching this issue, Mr. Warren stated
that this statement was not included in the cover letter.
Mr. Warren stated that Ms. Conrad has requested that the Board consider any compromise or relief
from the 2011 discovery bill. G. S. 105-312(k)(j) states, " ... the board of county commissioners,
upon the petition of the taxpayer, may compromise, settle, or adjust the county's claim for taxes
arising therefrom."
Discussion included that Ms. Conrad would have to pursue Rictur, Inc. to recover the 2011 taxes.
Action was taken in open session.

THIS SECTION REMAINS SEALED
Proposed Probation and Parole Contract
County Attorney Eggers stated that the County was not obligated to execute a lease for Probation and
Parole office space; however, the State did give several reasons for requesting a lease including for
insurance purposes.

 Chairman Miller directed the County Attorney to amend the proposed lease as follows: remove the
square footage on page 1; remove all utilities, with the exception of phones, under Section 3(c); add
“written” consent under Section 6; and remove Section 8 entirely.
The amended contract would be presented at a future meeting for consideration.

High School Drive Boundary Issue
County Attorney Eggers stated that, according to Mr. Nathan Duggins, Attorney representing
Mountaineer Crossings, Inc., an appraisal for the High School Drive property boundary issue was
quoted to cost $3,000. In an effort to save overall cost, Mr. Duggins has asked if the Board would be
willing to consider $5,000 to end the boundary dispute.
After discussion and by consensus, the Board agreed to instruct the County Attorney to counter with
the amount of $10,000.

LAND ACQUISITION
Potential Properties for an Additional Medics Base
County Manager Geouque stated that issues with the placement of the well and septic tank along
with an underground oil tank made the Bennett Winkler property, Parcel ID 1982036566000, cost
prohibitive to purchase and construct a new medics base.
The County Manager sought direction regarding the Humphreys’ property (Parcel ID
1982231215000) which was located near AJ’s Plumbing at the intersection of Hwy’s 421 and 321 in
the Sugar Grove area.
After discussion and by consensus, the Board agreed to allow the County Manager to offer up to
$120,000 for the property.
Commissioner Kennedy, seconded by Commissioner Welch, moved to resume the open meeting at
6:20 P.M.
VOTE: Aye-4(Miller, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Nathan Miller, Chairman
Attest:
Anita J. Fogle, Clerk to the Board

 CLOSED SESSION MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, FEBRUARY 4, 2014
The Watauga County Board of Commissioners entered Closed Session to discuss Attorney/Client
Matters – G. S. 143-318.11(a)(3) and Land Acquisition – G. S. 143-318.11(a)(5)(i).

ATTORNEY/CLIENT MATTERS
High School Drive Boundary Issue
County Attorney Eggers stated that a counter in the amount of $10,000 was offered to Mr. Nathan
Duggins, Attorney representing Mountaineer Crossings, Inc., as instructed by the Board regarding
their offer of $5,000 to end the boundary dispute. The County Attorney stated that he had not
received a response to the counter as of this time.

THIS SECTION REMAINS SEALED

LAND ACQUISITION
THIS SECTION REMAINS SEALED
Potential Properties for an Additional Medics Base
County Manager Geouque presented an Offer to Purchase and Contract for the Humphreys’ property
(Parcel ID 1982231215000) as signed by Leslie Humphreys and in the amount of $102,000.
Action was taken in open session.
Commissioner Kennedy, seconded by Chairman Miller, moved to resume the open meeting at
10:23 A.M.
VOTE: Aye-5
Nay-0
Nathan Miller, Chairman
Attest:
Anita J. Fogle, Clerk to the Board

 CLOSED SESSION MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, MARCH 4, 2014
The Watauga County Board of Commissioners entered Closed Session to discuss
Attorney/Client Matters – G. S. 143-318.11(a)(3) and Personnel Matters – G. S. 143318.11(a)(6).

ATTORNEY/CLIENT MATTERS
High School Drive Boundary Issue
County Attorney Eggers stated that a counter in the amount of $10,000 was offered to Mr.
Nathan Duggins, Attorney representing Mountaineer Crossings, Inc., as instructed by the Board
regarding their offer of $5,000 to end the boundary dispute. The County Attorney stated that he
had not received a response to the counter nor had he received return calls from Mr. Duggins.
The County Attorney advised that the Board could file suit in an attempt to be awarded the
$10,000 or accept the $5,000 offered by Mountaineer Crossings, Inc.
After discussion, the Board agreed, by consensus, to authorize the County Attorney to accept
Mountaineer Crossings, Inc.’s, offer of $5,000 if the $10,000 counter was not accepted.
THIS SECTION REMAINS SEALED
ACLU’s Public Records Request
County Attorney Eggers stated that the ACLU had submitted a public records request for
documents relating to the complaint received by the Board of Education regarding a book read
by a Sophomore English class. The County Attorney requested any documents as such should be
forwarded to him to compile and to answer the request.
Board of Equalization and Review
County Attorney Eggers stated that the Land Tax Group was sending information to citizens who
may want to appeal their tax values offering to represent them during the appeal process. The
County Attorney stated that the Group could legally represent citizens before the Board of
Equalization and Review, but not before the State Property Tax Commission, without being an
attorney.

PERSONNEL MATTERS
THIS SECTION REMAINS SEALED

 Vice-Chairman Blust, seconded by Commissioner Welch, moved to resume the open meeting at
10:57 A.M.
VOTE: Aye-5
Nay-0
Nathan Miller, Chairman
Attest:
Anita J. Fogle, Clerk to the Board

 CLOSED SESSION MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, MARCH 18, 2014
The Watauga County Board of Commissioners entered Closed Session to discuss Attorney/Client
Matters – G. S. 143-318.11(a)(3) and Land Acquisition – G. S. 143-318.11(a)(5)(i).

ATTORNEY/CLIENT MATTERS
Old High School Property
County Attorney Eggers stated that Mr. Dwayne Miller, who represented TriCorp Investments, had
presented a Fee and Disclosure Agreement for consideration in regards to the potential purchase of
the old high school property. The agreement included a five percent (5%) commission which would
be split between Mr. Miller and TriCorp.
The County Attorney stated that a formal offer had not been submitted; however, representatives
were available to meet at the conclusion of the Board of Commissioners meeting. The County
Attorney requested two Commissioners along with himself and the County Manager meet with Mr.
Miller and the TriCorp representatives to develop a legally appropriate contract which could be
submitted for the April 1, 2014, meeting if TriCorp chose to do so.
Chairman Miller and Commissioner Kennedy volunteered to meet regarding the matter.
Some discussion was held regarding commissions and deposits as associated with the purchase of the
old high school property.

Board of Elections Matter
County Attorney Eggers stated that the Board of Elections had requested he write a letter to
Appalachian State University regarding the use of the University’s Legends facility as a polling
place. The County Attorney stated that the Board of Elections had the right to use any State owned
building as a polling place and he submitted a letter to the University’s Attorney, Mr. Dayton Cole;
Mr. Cole agreed that the Board of Elections was entitled to use this location and the building was
now available.

LAND ACQUISITION
Andrews’ Property
County Attorney Eggers stated that property adjacent to County-owned property was available for
purchase. Manager Geouque stated that Mr. Glenn Andrews and Ms. Paulanne Andrews had made
the County aware that she planned to list property for sale which was adjacent to the Human Services
Center.
By consensus, the Board agreed to direct the County Manager to inquire of the asking price for the
Andrews property.
Commissioner Kennedy, seconded by Commissioner Welch, moved to resume the open meeting at
6:54 P.M.
VOTE: Aye-5
Nay-0
Nathan Miller, Chairman
Attest:
Anita J. Fogle, Clerk to the Board

 CLOSED SESSION MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, APRIL 1, 2014
The Watauga County Board of Commissioners entered Closed Session to discuss Attorney/Client
Matters – G. S. 143-318.11(a)(3) and Land Acquisition – G. S. 143-318.11(a)(5)(i).

ATTORNEY/CLIENT MATTERS
High School Drive Boundary Issue
County Attorney Eggers stated that Mountaineer Crossings, Inc., offered a tentative agreement to
pay $7,500 for an easement which would end the boundary dispute at the old high school
property. The tentative offer was contingent upon Mountaineer Crossings selling a tract of
property which was expected to close by the end of April.

THIS SECTION REMAINS SEALED

THIS SECTION REMAINS SEALED

LAND ACQUISITION
Andrews’ Property
County Manager Geouque stated that the asking price for the Andrews property that was adjacent to
County-owned property was $450,000. The tax value for the property was listed at $338,000.
Commissioner Kennedy, seconded by Commissioner Welch, moved to resume the open meeting at
9:56 A.M.
VOTE: Aye-5
Nay-0
Nathan Miller, Chairman
Attest:
Anita J. Fogle, Clerk to the Board

 CLOSED SESSION MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, APRIL 15, 2014
The Watauga County Board of Commissioners entered Closed Session to discuss Attorney/Client
Matters – G. S. 143-318.11(a)(3) and Land Acquisition – G. S. 143-318.11(a)(5)(i).

ATTORNEY/CLIENT MATTERS & LAND ACQUISITION
Proposed Ambulance Base Property
Mr. Jason Gaston with Valor Engineering presented the due diligence report on the property
under contract designated for the location of a proposed ambulance base.
Mr. Gaston stated that the facility could be constructed out of the floodway. Approximately
7500 yards of fill would be needed as well as wetlands permitting which would be an additional
$1,500 cost. Mr. Gaston was confident that all permits, with the exception of the wetlands
permit, would be secured by the end of the due diligence period. Thirty days were generally
allowed for the issuance of wetland permits. Mr. Gaston further stated that he was confident that
it was a matter of when, not if, the wetland permit would be issued.
After discussion and by consensus, the Board agreed to direct Mr. Gaston to fill the ravines on
each side of the entrance.
Action was taken in open session.
Commissioner Yates, seconded by Commissioner Welch, moved to resume the open meeting at
8:19 P.M.
VOTE: Aye-5
Nay-0
Nathan Miller, Chairman
Attest:
Anita J. Fogle, Clerk to the Board

 CLOSED SESSION MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, MAY 7, 2014
The Watauga County Board of Commissioners entered Closed Session to discuss Attorney/Client
Matters – G. S. 143-318.11(a)(3) and Personnel Matters – G. S. 143-318.11(a)(6).

ATTORNEY/CLIENT MATTERS

THIS SECTION REMAINS SEALED

PERSONNEL MATTERS
THIS SECTION REMAINS SEALED
THIS SECTION REMAINS SEALED
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to resume the open meeting at
7:05 P.M.
VOTE: Aye-5
Nay-0
Nathan Miller, Chairman
Attest: Anita J. Fogle, Clerk to the Board

 CLOSED SESSION MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, JUNE 17, 2014
The Watauga County Board of Commissioners entered Closed Session to discuss Attorney/Client
Matters – G. S. 143-318.11(a)(3) and Personnel Matters – G. S. 143-318.11(a)(6).

ATTORNEY/CLIENT MATTERS
High School Drive Boundary Issue
At the April 1, 2014, meeting, County Attorney Eggers stated that Mountaineer Crossings, Inc.,
offered a tentative agreement to pay $7,500 for an easement which would end the boundary
dispute at the old high school property. The tentative offer was contingent upon Mountaineer
Crossings selling a tract of property which was expected to close by the end of April.
County Attorney Eggers stated that the April 1, 2014, offer was considered rejected since
payment was never received.
After discussion and by consensus, the Board agreed to direct the County Attorney to proceed
with a lawsuit against Mountaineer Crossing, LLC to require them to remove their
encroachments from the County's property.
Planning and Inspections Sign Ordinance Violation
County Attorney Eggers stated that Mr. Joe Furman, Planning and Inspections Director, had
consulted him regarding a Sign Ordinance violation by Arbor Care Tree Service, Inc. The sign
in violation was located adjacent to Hwy 421 in Zionville. Arbor Care Tree Service, Inc. had
accumulated fines to date in the approximate amount of $3,000 under the $100 per day penalty in
accordance with the Ordinance.
After discussion, the Board agreed, by consensus, to direct the County Attorney to proceed with
filing a law suit against Arbor Care Tree Service, Inc. and Chad Michaels for an injunction to not
violate the Sign Ordinance and try to collect the amount of accumulated penalties as defined in
the Ordinance.
THIS SECTION REMAINS SEALED

PERSONNEL MATTERS
THIS SECTION REMAINS SEALED

 Commissioner Yates, seconded by Chairman Miller, moved to resume the open meeting at 6:58 P.M.
VOTE: Aye-5
Nay-0
Nathan Miller, Chairman
Attest: Anita J. Fogle, Clerk to the Board

 CLOSED SESSION MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, JULY 8, 2014
The Watauga County Board of Commissioners entered Closed Session to discuss
Attorney/Client Matters – G. S. 143-318.11(a)(3) and Personnel Matters – G. S. 143318.11(a)(6).

ATTORNEY/CLIENT MATTERS
Social Services Issue
County Manager Geouque stated that, due to issues with the implementation of new Medicaid
reporting, the Department of Social Services has a back log which needs to be taken care of by
August 31, 2014. In order to meet the deadline, Social Services Director, Tom Hughes, had
requested 50 hours of overtime be allowed for DSS staff. The County Manager had informed
Mr. Hughes that, if the overtime was approved, the deadline must be met. Mr. Hughes assured
that it would.
The County Manager stated that 50 hours of overtime would equate to approximately $1,500$3,000 of which seventy-five percent (75%) would ultimately be reimbursed through Federal
funding.
By consensus, the Board approved 50 hours of overtime within the Department of Social
Services for the purpose of meeting the August 31, 2014, deadline to have the back log cleared.

PERSONNEL MATTERS
THIS SECTION REMAINS SEALED
Commissioner Yates, seconded by Commissioner Kennedy, moved to resume the open meeting
at 6:47 P.M.
VOTE: Aye-4(Blust, Kennedy, Welch, Yates)
Nay-0
Absent-1(Miller)
Nathan Miller, Chairman
Attest: Anita J. Fogle, Clerk to the Board

 CLOSED SESSION MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, AUGUST 5, 2014
The Watauga County Board of Commissioners entered Closed Session to discuss
Attorney/Client Matters – G. S. 143-318.11(a)(3).

ATTORNEY/CLIENT MATTERS

THIS SECTION REMAINS SEALED
Planning and Inspections Sign Ordinance Violation
County Attorney Eggers stated that he filed the lawsuit regarding a Sign Ordinance violation by
Arbor Care Tree Service, Inc., and hours later the owner filed for bankruptcy. The bankruptcy
attorney directed the owner to take down the sign which has since been removed. Due to the
bankruptcy filing it was highly unlikely and cost prohibitive to attempt to collect the amount of
fines which had accrued to the point the sign was removed.
The Board agreed, by consensus, to follow the County Attorney’s advice to file a dismissal
without prejudice.
High School Drive Boundary Issue
The County Attorney stated that he had filed a lawsuit as directed against Mountaineer Crossing,
LLC to require them to remove their encroachments from the County's property and was
awaiting an answer.
THIS SECTION REMAINS SEALED

THIS SECTION REMAINS SEALED
Commissioner Kennedy, seconded by Commissioner Yates, moved to resume the open meeting
at 10:00 A.M.
VOTE: Aye-5
Nay-0
Nathan Miller, Chairman
Attest: Anita J. Fogle, Clerk to the Board

 CLOSED SESSION MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, SEPTEMBER 16, 2014
The Watauga County Board of Commissioners entered Closed Session to discuss
Attorney/Client Matters – G. S. 143-318.11(a)(3).

ATTORNEY/CLIENT MATTERS
High School Drive Boundary Issue
The County Attorney stated that Mountaineer Crossing has agreed to pay the $7,500 to settle the
lawsuit filed over the boundary issue near the County-owned old high school property.
Mountaineer Crossing also inquired as to whether an answer needed to be filed regarding the
lawsuit if the settlement was accepted.
By consensus, the Board directed the County Attorney to inform Mountaineer Crossing that the
$7,500 would be accepted and an answer need not be filed if the $7,500 was received by the
County by October 31, 2014.
THIS SECTION REMAINS SEALED
Public Records Request
County Attorney Eggers stated that a public records request had been received requesting
documents including attorney/client correspondence which was protected as confidential under
North Carolina General Statute 132-1.1 et seq.
The County Attorney recommended not releasing correspondence in which the County Attorney
offered counsel to County employees; however, documents from Appalachian State University
Attorney, Dayton Cole, and the ACLU could be released with Board approval.
By consensus, the Board agreed to release the documents from Mr. Dayton Cole and the ACLU
as requested.
Chairman Miller was excused from the Closed Session for the following discussion:
THIS SECTION REMAINS SEALED
Commissioner Yates, seconded by Commissioner Welch, moved to resume the open meeting at
7:47 P.M.
VOTE: Aye-4(Miller, Kennedy, Welch, Yates)
Nay-0
Absent-1(Blust)
Nathan Miller, Chairman
Attest: Anita J. Fogle, Clerk to the Board

 CLOSED SESSION MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, OCTOBER 7, 2014
The Watauga County Board of Commissioners entered Closed Session to discuss
Attorney/Client Matters – G. S. 143-318.11(a)(3).

ATTORNEY/CLIENT MATTERS

THIS SECTION REMAINS SEALED
THIS SECTION REMAINS SEALED
Commissioner Welch, seconded by Commissioner Kennedy, moved to resume the open meeting
at 9:49 A.M.
VOTE: Aye-5
Nay-0
Nathan Miller, Chairman
Attest: Anita J. Fogle, Clerk to the Board

 CLOSED SESSION MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, NOVEMBER 18, 2014
The Watauga County Board of Commissioners entered Closed Session to discuss
Attorney/Client Matters – G. S. 143-318.11(a)(3).

ATTORNEY/CLIENT MATTERS

THIS SECTION REMAINS SEALED
Fire Marshal Public Records Request to Town of Boone
County Attorney Eggers stated that Watauga County Fire Marshal, Steve Sudderth, had made a
public records request to the Town of Boone which had not been fulfilled. On behalf of the Fire
Marshal, the County Attorney wrote to the Town for the production of the documents. In
response to the letter, the County Attorney was contacted by the new Town of Boone Manager
who responded by the same afternoon with several documents meeting the request. The previous
Town Manager had indicated that there were no documents related to the request.
Mountaineer Crossing
The County Attorney presented a settlement agreement and slope easement for the Mountaineer
Crossing issue.
Action was taken in open session.
THIS SECTION REMAINS SEALED

THIS SECTION REMAINS SEALED

THIS SECTION REMAINS SEALED
Commissioner Yates, seconded by Commissioner Kennedy, moved to resume the open meeting
at 7:47 P.M.
VOTE: Aye-5
Nay-0
Nathan Miller, Chairman
Attest: Anita J. Fogle, Clerk to the Board

 CLOSED SESSION MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, DECEMBER 1, 2014
The Watauga County Board of Commissioners entered Closed Session to discuss
Attorney/Client Matters – G. S. 143-318.11(a)(3).

ATTORNEY/CLIENT MATTERS
Mountaineer Crossing
The County Attorney presented a revised slope easement regarding the Mountaineer Crossing
issue.
Action was taken in open session.
THIS SECTION REMAINS SEALED
THIS SECTION REMAINS SEALED
THIS SECTION REMAINS SEALED
Tax Foreclosures Update
County Attorney Eggers updated the Board on pending tax foreclosures stating that two could go
to sale soon.
THIS SECTION REMAINS SEALED

THIS SECTION REMAINS SEALED
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to resume the open meeting
at 9:53 A.M.
VOTE: Aye-5
Nay-0
Jimmy Hodges, Chairman
Attest: Anita J. Fogle, Clerk to the Board

 CLOSED SESSION MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, DECEMBER 16, 2014
The Watauga County Board of Commissioners entered Closed Session to discuss
Attorney/Client Matters – G. S. 143-318.11(a)(3).
County Attorney Eggers introduced Chris Barnes who recently joined Eggers, Eggers, Eggers, &
Eggers, Attorneys At Law.

ATTORNEY/CLIENT MATTERS

THIS SECTION REMAINS SEALED

THIS SECTION REMAINS SEALED
Vice-Chairman Blust, seconded by Commissioner Yates, moved to resume the open meeting at
7:32 P.M.
VOTE: Aye-5
Nay-0
Jimmy Hodges, Chairman
Attest: Anita J. Fogle, Clerk to the Board