Lake James village bid moves into phase two

By: Sharon McBrayer | Morganton News Herald
Published: March 16, 2009

Morganton --

A state commission meeting on Monday did not vote for or against the proposed incorporation of the Village at Lake James.
Instead, it moved the application into a second phase of consideration.
Jim Powers, who wants the area to remain unincorporated, went to Raleigh with a group on Monday to attend the meeting of the Joint Legislative Commission on Municipal Incorporations. One of their objections, presented Monday, is that the boundaries of the village aren't contiguous, which is required by law.
He said the commission recommended further study of the incorporation issue.
Phase II will include a public hearing, Powers said, and he hopes the public hearing will take place in Burke County.
Gayle L. Moses, the commission's staff attorney, has said Phase II also will involve looking at the proposed village's taxes and services, as well as the level of development, population and population density.
Supporters of incorporation also attended the meeting.
So did State Reps. Hugh Blackwell and Mitch Gillespie and Sen. Jim Jacumin.
Jacumin on March 11 filed Senate Bill 538, "Incorporate Lake James." The bill lays out the boundaries of the proposed village and provides for an ad valorem tax rate no greater than 7.5 cents per $100 unless two-thirds of the village's qualified voters agree to a higher tax rate.
Supporters of the village say they plan for the initial tax rate to be 5 cents per $100 of property value.
Special provisions in the bill say the village would not have extraterritorial jurisdiction and can't involuntarily annex property in Burke County or, under any circumstances (voluntary or involuntary), annex any property in McDowell County.
Any zoning ordinances the town adopts have to be equal to or greater than the Shoreline Protection Plan of the Burke County zoning ordinance.
The proposed bill also says the village can't adopt ordinances, resolutions or rules that restrict access to the lake. And it also prohibits the town from holding a vote to allow beer, wine, mixed drinks or an ABC store.
To read the proposed legislation, go to the Web site at www.ncga.state.nc.us/Sessions/2009/Bills/Senate/PDF/S538v1.pdf.

Lake James village bid moves into phase two

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