This blog,originally founded by Blogger, who is listed in Marquis Who's Who and is a recipient of the Albert Nelson Marquis Lifetime Achievement Award. He holds a theological degree and a doctorate in Counseling Psychology. Taught Psychology for 32 years and is now Professor Emeritus. Is a board-certified psychologist and was awarded the Lifetime Achievement Award in his profession. Ministered as a chaplain, and pastored Baptist and Episcopal churches. Publications cover the integration of psychology and theology. Served in the Army, the Merchant Marines and the Peace Corps.

Saturday, May 25, 2013

Boone's Politburo to Sue County? Secret Meetings Continue!

Yesterday the Watauga Democrat reported what we have been saying here for some time now. That the Boone Politburo, who have been meeting in closed session under the guise of formulating responses to a "threatened law suit by Watauga county" has, in fact, been planning their own. Now, for the first time, they are admitting as much.
The following is from Anna Oakes' article in the Watauga Democrat..CLick here for article

"The stated purpose of the closed session discussion added to the agenda on Thursday was to consult with the town attorney "to consider and give instructions concerning the handling or settlement of a claim or judicial action against Watauga County."

When asked if the council is considering suing the county, Councilman Andy Ball replied, "That was the
substance of the discussion last night, but I cannot provide a comment on it at this time."

It would seem that the potential loss of sales tax revenue has not depleted the town's source of lawyer fees for ridiculous litigation! The NC statutes provide the county the authority to distribute sales taxes in either of two ways....on a per capita basis, or an ad valorem basis. Some years back Watauga switched from Ad valorem to per capita which greatly benefited the town of Boone because it gave Boone credit for students who resided in dormitories. The Ad Valorem system is geared more distribute funds to taxpayers, not just students.

The State Supreme Court pretty much said it all when it affirmed the county's rights to allocate these revenues under the law. " Providing a means of allocating revenues among the municipalities of a county is a legitimate governmental objective. Plaintiffs have failed to allege facts sufficient, if proven, to overcome the presumption of constitutionality.

4 comments:

Johnny Rico said...

Why is the liberal boone town council meeting in closed session? What happened to a transparent government. The general public should be privy to the council's plans to sue the County as the town will be using taxpayer money to do so. So liberal sheep - do you agree that we should all be privy to the Boone Town Council closed meetings? Doubt we'll see an answer from the liberal socialist sheep on this one. Typical liberals - yap and babble for open, accountable government and then turn around and go into closed session.

Your ole pal

Sarah Kingman-Hollars

guy faulkes said...

If this suite is concerning the deal the county reached with the towns other than Boone, as was speculated in the article, then I do not see grounds for the suite. I have seen no criteria described in the state statute that the county must meet to make the change not do I see where the county even has to explain why it made the change. There is also not limitations on how the towns use the sales tax moneys they revive, at least that I can find. This would appear to be a case analogous to suing the Pope for being Catholic.

I have been told that the Town is the only client that its attorney has. He probably does not need any others, if this is true. How much do you think Boone pays him to represent them in these frivolous law suites?

NewGuy said...

TOB won't even admit that their plans for tapping the New River are 'public records'.

Watauga Democrat:
The Watauga Democrat on March 6 submitted a public records request to the town seeking the most recently updated version of the water intake project map, including the planned locations for the access road and transmission line. Town clerk Kim Brown responded March 20, stating the town could provide a map that was provided to Ashe County in early 2012, but that specific and detailed plans regarding locations for the transmission line could not be provided because they are not public records.

She cited N.C. General Statutes �132-1, which states that public records do not include the detailed plans and drawings of public buildings and infrastructure facilities."

Anonymous said...

I find it funny that in 2013 people are finally seeing the Town Barons for who they are. I stood in front of the Town Council in 2005 explaining to them that the use of private email accounts (AOL) and Closed Sessions were all in violation of state law.

I actually had the Town Manager and Town Attorney sit there and try to explain to be what the definition of the word "will" is and to say will means they may or may not, it's up to them.