The community of Maggie Valley may soon be locked in a lawsuit over a proposed annexation.
Citizens opposed to the town’s plans to annex 183 acres say they’ll go to court to block the town. About 120 people opposed to the annexation attended the official public hearing last week, and opponents have scheduled a May 1 at the Stompin’ Grounds to map their plans. They’ve already contacted a law firm that has fought several annexations in North Carolina.

As for the town, it appears headed for a May 8 vote on the annexation. Mayor Ralph Wallace has been ill, but alderman and mayor pro tem Roger McElroy has said he thinks those in the annexation areas will benefit from being in the town limits. So far he has refused to slow the process.

Vocal opposition
Kyle Edwards owns the Stompin’ Grounds, a clogging and bluegrass music hall that is among the most successful businesses in Maggie Valley. He was an alderman for 21 years and a vocal supporter of efforts to form a town from the strip of businesses along Soco Road in 1974.

Now, however, he is bitterly opposed to what the town is proposing.

“We made a verbal contract with people in 1974 that we wouldn’t do this (forced annexations). I know a new board doesn’t have to follow previous boards, but we made a commitment to the community, and they ought to respect that,” said Edwards.

“I can’t see that the town is going to gain anything from this. They can tax the people to death and still can’t do what they say they are going to do,” Edwards said.

“I’m for the town, but I’m not for this.”

The town will garner approximately $150,000 per year in additional revenue from the annexation, with approximately $60,000 of that coming from additional property taxes and the rest from additional tax reimbursements due primarily to increased population.

Most of those opposed to the annexation are doing so based on the economics of the issue. They complain that they will get little or nothing for the additional 40 cents per $100 of assessed value they will pay in property taxes. At an April 3 informational hearing and at the April 17 public hearing, speaker after speaker complained that being in town would not pay any dividends.

“So far, I have heard nothing that would benefit me in any way - period,” said Michael Day, his voice and hands trembling with anger as he spoke at the public hearing.

New services in town
Richard Flowe works for Benchmark Inc., the company awarded a $28,000 contract by the town to help with the annexation. Flowe has advised towns throughout the state who are trying to meet the procedural obligations of North Carolina statutes, and he took a large chunk of the ridicule from opponents at both public meetings.

At each of those meetings, Flowe outlined in detail how the proposed annexation areas met state subdivision and development tests, how the town planned to meet its statutory requirements for providing services, and how the annexation would affect the town financially.

In North Carolina, towns must provide the same basic service to annexed areas that they provide to areas already in corporate limits. Those services include police protection, fire protection, street maintenance, solid waste collection, water service, sewer service and recreation.

Of all those services, Maggie Valley provides only sewer and police protection. It will increase patrols to meet the police requirement. A 1998 annexation law change allows towns to provide septic service maintenance when it can’t economically provide sewer service. Maggie Valley has offered to provide septic tank service to the newly annexed areas.

After numerous speakers complained about the lack of new services, the board has also decided to study options for providing better street maintenance to newly annexed areas. Many of the streets do not meet state standards, so it will be difficult for the town to receive state Powell Bill money to maintain those roads.

Why continue?
As of now, the annexation is still on track and set for a May 8 vote. But alderwoman Jan Pressley admits she has some misgivings.

“I know there is a great deal of opposition. I am not 100 percent for it. I can see both sides,” she said. Pressley herself was the subject of a forced annexation several years ago in Maggie Valley.

Just as Edwards said it was important 27 years ago for the strip along Soco Road to form a town, Pressley says it is important for the town to incorporate more residential areas so it can begin to provide basic municipal services.

“We are missing out on providing services because we are just a commercial strip,” Pressley said.
She said it is simply too expensive for the town to operate a solid waste department just to pick up what is mostly commercial waste.

“I realize this is a very touchy thing, but the town has to eventually get into non-residential areas,” Pressley said.

Forming a community
At the April 3 hearing, Flowe said the concept of annexation and community go hand in hand. Towns were created, he said, to pull people in a community together to try and provide services efficiently.

“Town officials are being asked to set aside their feelings as individuals, to look at the good of the entire community,” Flowe said. “This can be a step toward making this a better community.”

Edwards, who with others has vowed to go to court to fight the town, said a forced annexation was going to split the community like never before.

“The smartest thing they can do is stop now,” Edwards said. “If they don’t, they are going to ruin the town and the entire community here in the valley.”

 

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