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Public hearing set on incorporating Lake James

By Sharon McBrayer | The News Herald

Published: July 1, 2009

Morganton - A public hearing on the proposed village of Lake James has been set for July 16 at Table Rock Middle School in Morganton.
The Joint Legislative Commission on Municipal Incorporations will take public comments on the incorporation at the public hearing. The meeting starts at 5 p.m.
According to information from the commission, those wanting to speak need to sign up, giving their name and address, at the site. There will be no sign-up prior to the date of the public hearing.
Those speaking on their own behalf will have one minute to speak, while those speaking on behalf of a group will have three minutes to speak, say commission officials.
Gayle L. Moses, staff attorney for the commission, said in June that the public hearing would be a time to hear from those both within and without the boundaries of the proposed Village of Lake James.
At its June 17 meeting, the commission didn't make a decision about whether the boundaries of the proposed village are contiguous. The commission said it needs written arguments from both sides on the contiguous question.
Opponents argue that the boundaries aren't contiguous because the lake separates the communities of South Pointe and East Shores, as well as East Shores and Laurel Ridge. It also, they argue, separates Mallard Point and the 1780 communities.
Proponents argue the boundaries are contiguous because the lake is an impoundment for a public service — Duke Energy, which manages the lake.
State statute 160A-53, which defines "contiguous," says, in part, that the area should either join directly on the boundary or can be separated by a street, right-of-way, creek or river, railroad or other public service corporation.
It's the other public service corporation that proponents believe they can make an argument for boundaries being contiguous.
Contact Moses with questions about the public hearing at 919-733-6660 or gaylem@ncleg.net.