Lake Junaluska Conference & Retreat Center

 

  

Community Council Meeting   

MINUTES               

April 9, 2013  

   

 

Attendance:  David Baxter, Jeannette Shaver, Pat Koonts, Buddy Young, Bill King, Ken Zulla, Oscar Dowdle, Jack Ewing, Aly Groesser, Gene McAbee (Jimmy Pennell was out of town).  Ten Visitors. 

    

Bill King called the meeting to order at 4 p. m. and called on David Baxter to present an opening prayer.  At the request of the Council, David’s prayer is presented below: 

 

o God of spring. ...  

 

Awaken us from the dormancy of colder, hunkered down times in our spaces. Let holy Light warm our roots that once again we might sink deeper into rich soil of your grace and love and righteousness.  

 

o God of sacred past ...  

 

We are remembering those whose boldness of faith and assemblage of  

 

wisdom planned, built, and established this as ground unique in purpose, and  

 

planted a cross that twenty-four hours a day could be seen, so that 

 

those who would abide here would never forget.  

 

o God of promising future ...  

 

We have plans, but around the administrative tables there is a humbling awareness that unless you "build the house, " it's just be lodging and food service, and a trail. Grant us the faith to see you walking in front of us. And the discipline and discernment to see your foot-prints so that our steps will not be about where we thought we ought to go, but entrust us with a master - vision and commitment to find our place in your path.  

 

o God of a blessed now ..  

 

Grant that we shall be found radically available and reliant upon the  

 

indwelling Spirit that shall grant us wisdom for our endeavors and  

 

participation in this year of celebration. May we have the maturity to accept 

 

and believe in one another in times when some folk may be feeling pushed or left out. May we find solace in the confidence others have placed in us to advocate and lead in the trust that through our transparency, openness, and experience, wisdom will appear in our midst for the good of this beloved place.  

 

   

Amen.  

 

-David Baxter  

 

  

 

Bill noted that the Council has spent a great deal of time on the issue of annexation.  He asked about the role of the Community Council in the future, should annexation occur.  He asked what issues the Council may be asked to address.  He called on Buddy Young for the Public Works report. 

 

Buddy said that the NC Rural Water Association has had two men working on the campus for two days to locate leaks.  Three leaks have been found and repaired.  He said that the March water loss was high because of a problem at the pump station and a major leak at the pool.  No leaks were found on Atkins Loop where a tour of homes will take place as a part of the Centennial Celebration.   

 

   

Buddy said that three prices had been presented to him for repaving Atkins Loop:  $11,000 for fixing the worst spots; $16,000 for fixing the worst spots and overlaying the street with tar and gravel; and $29,000 for complete repaving.   Bill King pointed out that Atkins Loop and Stuart Circle would be focal points of the Centennial Celebration since the first homes built at Lake Junaluska were constructed on those roads.  The Community Council approved complete repaving by acclamation. 

 

   

Buddy reported that a resident of Hoosier Court has asked that there be a stop sign installed on Methodist Drive at the intersection of Hoosier Court because the intersection is blind when coming off Hoosier Court.  Buddy said that Gene McAbee had investigated the request and asked Gene to present his findings.   

 

   

Gene presented photographs of the intersection to the Council.  He said that when making a left turn off Hoosier Court, visibility is limited to the left on Methodist Drive by an embankment.  He said that if a person coming off Hoosier Court is careful, in the correct lane, and not cutting the corner, a left turn could be made safely; however, a stop sign might be useful.  He said that he would only recommend the sign if the majority of residents on Hickory Hills agreed that it was desirable.  After some discussion about the issue from residents of Hickory Hills in attendance including Ed LaFontaine and Don Keck, the Council decided to table the request until the next meeting to allow members to visit the site.  (On April 12, Don Keck sent a letter to the Council with recommendations for action in the area.  That letter is attached). 

 

   

Ed LaFontaine asked about the work being done by DOT on the exit ramp off US 74 beside Hickory Hills. Buddy provided the information that he had although he pointed out that DOT only recently advised him that the work was beginning and no input from LJA was requested. 

 

   

Bill then called on Jack Ewing for the Executive Director’s report.  Jack reviewed the Centennial year schedule of events and reported that a brochure about the events is not yet complete.  He said that one event, an antiques appraisal event, had been cancelled.  The first event will be on Thursday, April 18, when Donald Davis (a storyteller) will perform in Stuart Auditorium.  During the week of July 4, there will be fun and games for everyone including a family Olympics.  A water ski show is scheduled on the lake on July 5.  Several concerts are also scheduled. 

 

   

Bill asked about summer conferences.  Jack reviewed the conference schedule and reported that the Council of Bishops will be here in the fall along with the Church of the Brethren’s Older Adult Conference. 

 

   

Bill the asked for discussion of the role of the Community Council in the future.  Jack said that the Council will play a significant role going forward.  Its role could continue to be advisory to the Board of Directors or it could be more active.  He expects that the activities of the Council will increase.   

 

   

Jack said that one issue for the Council will be the continuation of service fees.  LJA retains the authority to assess service charges even if annexation occurs.  Buddy said that the Supreme Court ruling of two years ago allows for fees to be levied to support security, streets, storm drainage, street lights, and administration.   

 

   

Jack suggested that the Council develop a process to solicit and receive community input on services for which they are willing to pay.  He pointed out that the survey on municipal status used a $50 fee as an example based on a 2.5 cent millage rate (just as an example).  That would generate $58,000 a year in revenue.   

 

   

Bill asked if service fees were not initiated immediately, would the authority to assess those fees be lost.  Jack and Buddy both confirmed that the authority to assess fees would continue whether or not any were assessed immediately.   

 

   

Ken Zulla suggested that some of the supplemental services the community may desire could be done by private contractors. 

 

   

Buddy reported an example in the Beaverdam community where a “caretaker” has been hired to patrol common areas, wears a uniform like a park ranger, and encourages people to behave.   Bill asked if such a person would be employed by LJA or by the Council.  Jack said that the person would be employed by LJA. 

 

   

Pat Koonts asked about the future status of security for the Conference and Retreat Center.  Jack said that discussions are in progress but at this point it appears that in the future, security officers will be unarmed and their primary responsibility will be toward the C & R Center.  He re-iterated that Waynesville PD will have oversight on the parking lots and common areas.   

 

   

Gene McAbee said the primary responsibility of the C & R Center to the property owners would be to maintain and/or increase property values.  He said that Chief Bill Hollingsed of the Waynesville Police Department reviewed the services that Lake Junaluska Security provides now and said that his officers will provide all those services with the exception of physical security checks on Conference Center buildings.  Gene noted that he appreciated Chief Hollingsed’s commitment, but that he recognized that line officers may not wish to accept some of these “security” duties.  However, Gene suggested that the Council adopt a wait and see position and if the community decided after experiencing police services from Waynesville that they wanted additional patrol, that issue could be considered then.  He said that the Council and LJA should guard against incremental increases in fees for one service and then another since that pattern was likely to offend property owners. 

 

   

Bill then asked what actions must be taken before the anticipated annexation date of August 31.  Buddy explained that the budget is not an equal 12 month distribution, so service fees for this year will not be exactly 2/3 of the normal level.  He said that a plan for zoning will have to be ready within six months after annexation and the Council should play a major role in that plan.   

 

   

Ken asked how liens will be maintained after annexation.  Buddy said that it is possible that he may take on that responsibility himself.   He also said that reserves for water and sewer will go to the Town of Waynesville.  Reserves for service fees will go to the Assembly.  There is $35,000 in service fee reserves at this time.   

 

   

Bill then reported on the visit or our representatives to the legislature for a hearing with the Senate Local Government Committee.  Jack and Mayor Gavin Brown made statements before the committee and Town Manager Marcie Onieal provided handouts.  Two property owners from Lake Junaluska attended to make statements against annexation.  Bill said that there was support for the bill from our local representatives and there is no reason to believe that has changed.  The bill was approved by the committee and will now go to the Senate Finance Committee.  A similar process must occur in the House where Joe Sam Queen is the sponsor of the bill.   

 

   

Bill said that the Council has a big workload with no meetings scheduled in July or December.  Ron Clauser pointed out that the by-laws “require” the Council to meet 10 times a year, but the Council may elect to meet more often and can certainly schedule call meetings. 

 

   

Bill asked for recommendations on how we should approach service fees.  Pat Koonts suggested that we make it clear to community members that we can wait to evaluate the quality of services provided by the Town of Waynesville before a decision on service fees is made.   

 

   

David Baxter suggested that the Council needs to see what kind of supplemental services people have in mind.   Bill said that a public meeting seems to be in order.  David agreed. 

 

   

Ken Zulla said it may be premature to identify services needed at this point until we know the details of the services that the Town of Waynesville will provide.  Buddy said that the Town of Waynesville plans to hold public orientation meetings after the process is finished.  Buddy suggested that at this point, the Council could make informal invitations to Town officials to gather information.  David asked if we should wait until we know that annexation will be approved. 

 

   

Bill asked if a 30 day notice was required for a call meeting.  Ron said that a special call meeting does not require a 30-day notice.  Bill suggested that we continue the conversation at the next meeting. 

 

   

Buddy said that the Town of Waynesville has chosen the Council to help them work on zoning.  He said that he believes that the Council should play a role in mediation of covenant violations and neighborhood disputes.   

 

   

Jack asked the Council to consider how we deal with covenant violations and pointed out that Jim Gilland was present to talk about a specific problem on Crum Drive.  Jim said that a rental property above his home had been occupied by people with large construction trailers and other construction equipment in their driveways.  He said this was a violation of the covenants and the LJA had failed to enforce its covenants.  Jack suggested that the Council may want to assist Jim with a letter to the owner of the house and the rental agency.  Gene agreed.   

 

   

David Shaver said that any rules established should have some meat in them through enforcement. 

 

   

Buddy said that it is not absolutely clear that the covenant is being violated.  A copy of the rules was delivered to the owner of the house and they said they believe they are in compliance.  Aly Groesser said that options on enforcement were limited.  Buddy said that most such situations in the past, he had handled informally and residents had been cooperative.  The problem comes up when they are not cooperative.   

 

   

Bill asked what Jim would like the Council to do. 

 

   

Oscar Dowdle asked if a subcommittee could be formed to address the situation.  Buddy said that the best option would be to handle such situation through zoning rules.  A subcommittee was formed which included Bill, Buddy, Pat, and Jim Gilland to look at the situation.  Jim asked for a copy of the rules.  Buddy suggested that Jim stop by the Public Works office to pick one up. 

 

  

 Bill said that he would see that every member of the Council received a copy of the rules.  (A copy has now been delivered to all members except Jimmy Pennell). 

 

  

The meeting was adjourned at 5:40 p. m. 

 

  

Respectfully submitted, 

 Gene McAbee, Secretary 

 

  Don Keck's Letter

April 12,2013

Community Council: Gene:

I have talked with the Shepherds, Overbay and Phelan, all who live on Hoosier Drive about the matter
of visibility at the comer of Methodist Drive, Hoosier an Sarah Court. Each of them have the
common problem of not being able to see clearly traffic coming from the Left or Right as they try to
come down Hoosier. Each ofthem would like to see it resolved for their safety.

I have three recommendations for the intersection of Hoosier Court, Methodist Drive and Sarah Court.

1.     Put a stop sign at the corner of Methodist Drive as it goes toward Hickory Hills Rd .. Which
allows people coming down from Hoosier to see the traffic on Methodist Drive on their right
when they stop. They will still have to judge the traffic coming up from the curve, but if they
stop and Methodist traffic stops, they only have one direction to worry about.  I would also put a
white or yellow strip down the middle of the road before the stop sign, so that traffic would at
least be to the right side.  I would hate to have to put a stop sign on Methodist Drive coming up a
hill there.

2.      Put a white or yellow strip down Hoosier about 50 up from the present stop sign, so people
coming down Hoosier will stay to the right when they stop and have a better view of traffic
coming up from Hickory Hills Road on Methodist Drive.

3.      Continue to have a yield sign on Sarah Court. Plenty of visibility coming up the hill to slow for
traffic at the intersection.

A possible answer for some corners, is to ask the property owner that has bushes that tend to block
the view of traffic, if the Lake could possibility move them, to a new location on their property. If the
Public works does the work, most home owners would not object to having greater visibility for traffic at
their corner.

In another matter if you wish to get rid of speed bumps on Hickory Hills Road, put a three way stop
signs by Crescent and Hickory Hills Rd and an additional stop sign on Hickory Hills Road, going toward
the South Entrance at the Methodist Drive. That will slow down the straight away road on Hickory Hills
Rd.

Don Keck

 

  

 

 

Following his opening statement, Bill called on Jack Ewing for comments.  Jack reminded everyone that he is an ex officio member of the Council.  He said that regardless of the final vote of the Board it will be his responsibility as Executive Director to lead Lake Junaluska and implement the decision.  For that reason, the same one he expressed in the last Task Force meeting, he would not state a position. 

Jack said that the Community Council is an elected representative body.  The Community Council makes recommendations to the Board of Directors twice a year at the Board’s meetings.  Typically, the Council makes recommendations regarding millage rates for service fees. 

Jack said that the Board looks to the Council as a body that brings advice and recommendations on issues relating to the residential community.  The Board is absolutely not abdicating its responsibility by saying that on the issue of municipal status if will simply agree with the recommendation of the Council.  The Board will look closely at the recommendation, the work of the Task Force, and much more information that has been provided to Board members. 

 

The Task Force is not making a recommendation to the Board directly, but the Board knows about the recommendation the Task Force has made to the Council.   

When the Board meets on Thursday morning, the Board chair will determine how much public comment will be heard, but the primary purpose of the Thursday morning session is for the Board to receive information and ask questions.  No decision will be made Thursday morning.   

The Assembly Public Works committee of the Board will review the information and make a recommendation to the Board.  The decision will be on the agenda for Friday morning. 

Any information received by the Board is exactly the same information that is available to the public.  Jack said that he has tried to facilitate getting information and public comment to the Board by forwarding communications he has received to all Board members without comment.   Jack said that it pains him that some people have accused him of feeding only information to the Board that would support his own desire on the issue.  

He said that he prays that we will not lose the spirit of this community of Christian love that has distinguished us for the last 100 years. 

He said that he cringes when he hears Buddy say that he was acting under Jack’s instructions when the process began.  However, he did instruct Buddy and all other leaders to think strategically.  He would have never chosen to try to make this decision in our centennial year.  But, he said that it is not inappropriate to explore and discuss those issues. 

Finally, he thanked everyone for their tremendous participation in the process. 

Bill then called on Buddy Young to provide his statement.  Buddy read the following statement into the record.  The statement is modified by the Secretary to fill in places where abbreviations were used and where Buddy may have made additional clarifying comments. 

 

Buddy Young, Director of Public Works, Ex officio member of the Community Council, Task Force, and Board of Directors 

 

Junaluska Community Council 

March 5, 2013 

Junaluska Sanitary District (Secretary’s note:  this is in answer to the request from Bill King above to provide information about the possibility of merging with Junaluska Sanitary District raised most recently by Paul Starnes , although it had been discussed many months ago). 

 

We have 895 customers at APW,  

JSD has 1829 

TOW has 7,255 

Junaluska Sanitary District is a purchase system just like Assembly Public Works.  The Sanitary District buys its water from Waynesville just like we do.  A merger with them would not improve our cost situation. 

 

Cost to Individual Property Owners 

Monthly Water and sewer bill (Secretary’s note: for a typical property owner at Lake Junaluska) for 5,000 gallons of water  

 

Assembly Public Works is $55.00  

Junaluska Sanitary District is $67.91 

NC state average $59.99 

Town of Waynesville is $39.81 

 

A sanitary district has no tax base to supplement water and sewer rates as does the Town of Waynesville.  In addition, the rates that I just discussed do not reflect a major capital improvement plan that APW needs to undertake.  

 

Junaluska Sanitary District is approximately 50 years old.  They have no capital needs that compare to Lake Junaluska. 

 

Junaluska Sanitary District covers some very low income housing areas while: 

Haywood County mean household income MHI  $37,222 

State average $46,291 

Haywood poverty rate is 20.5 

State average 16.1 

 

It would be unfair to place the burden of the repairs to our system on those low income families in the Sanitary District. 

Joining JSD does nothing to improve our streets, storm drainage or law enforcement. 

 

A story about Stuart Circle. 

 

Three years ago we were beginning a project to replace a 6” water line and install a storm drainage project in Stuart Circle. Stuart had been identified as a problem area in the Cavanaugh Water loss study (the pipes were original and 100 years old) along with other problems had identified themselves. Stuart Circle is a lovely place.  

 

The quality of the work is solid, it is permitted, it is to code, and the engineered drawings have been approved by the NC Public Water Supply Section. We did the whole project for $48,000; the Associates donated $5,000 to help the Native Garden with some enhancements. It was done as cheaply as possible; for the short run. Because we were so focused on water loss, we did not touch the sewer lines that are also 100 years old. Before too long those will need to be replaced and obviously it will cost more then. It is a shortsighted strategy that we are forced to play, but it is the hand we are dealt. 

 

The only place that the water line is out of our easement is at the top of the Native Garden and Oxford Rd. We had to move the line over into the Native Garden several yard to avoid a guywire and pole. It did not make the Native Garden folks happy that we had to destroy more of their precious space, and I truly hated to do it.  

 

The pole that caused the trouble is like many poles on the grounds; it was loaded with power, transformer, phone and cable lines. 

It leads me to this, 

Wouldn’t it have been nice to stay in our easement?  

Wouldn’t it have been nice to get rid of the pole and bury the power lines? 

Wouldn’t it have been nice to put decorative street lights in the area? 

Wouldn’t it have been nice to replace the old sidewalks instead of patching where we damaged them? 

Wouldn’t it have been nice to repave the road instead of patching our cuts to the pavement? 

Wouldn’t it be nice to do a good job instead of a cheap job? 

We did what we could to restore the area back just like it was, but wouldn’t it be nice to make some improvements? 

To take on improvements like this requires a professional planning department to plan and coordinate the various projects. It requires a finance department that can fund projects properly, professionals that work with Progress Energy, Bellsouth, people that know what they are doing.  

Look at downtown Waynesville; look at what is about to happen on Howell Mill Road and south Main Street. I am not saying that annexation will automatically make power lines disappear.  

If all we want is to keep things like they have always been, then we should just stay as we are. But if we want to dream of a better place, then we must have the courage to change. 

This leads me back to the conclusion I stated last Thursday night: 

Lake Junaluska should pursue annexation with Waynesville without delay. 

 

At the conclusion of Buddy’s statement,  Bill called for other statements. 

Ken Zulla said he had a question.  He said that we had met with the planning and zoning officials from Waynesville and he remembered that they had indicated that there would probably be 3 or 4 kinds of zones in the Assembly area.  He said that as he recalled, they said that existing structures would be grandfathered.  New construction would have to meet new zoning codes.  He said that he believes that it was said that Waynesville has 16 districts and each has its own unique character which is protected by the zoning regulations.  Ken said that he believed that Waynesville officials are being truthful with us and asked Ron Clauser if this is the information that he recalls.  Ron said yes. 

Bill King said that the discussions indicated that Lake Junaluska would have a representative on the Zoning Board.  Pat Koonts said that the discussions also suggested that the Zoning Board would meet with the Community Council to receive advice on zoning regulations. 

Jimmy Pennell said that the consistent question he has heard from his neighbors and other property owners is that the short time-line has left them feeling boxed in, painted into a corner to meet a deadline.  They want to know if we can  reconsider the time table.  Jimmy noted that the person who wrote a letter to that effect is in the audience and invited that person to address the issue if they wish. 

Jack Ewing said that the time lines are different for annexation and incorporation.  He said that we have already missed the deadline for submission of a draft bill for incorporation which would have had to be submitted in November 2012 to be considered in this long session of the General Assembly.  But, there would not be another opportunity until 2014 for the 2015 long session. 

The time line for an annexation bill is March 2013 for this long session and the next chance would be in March 2015.  He said that the timing of the study process combined with this window of opportunity caused some people to feel rushed, but it was completely appropriate to continue to gather information and continue to address the issues at hand 

He said that the Board of Directors is fully cognizant of this issue of timing and thoughtful about it.  He said that the Board “could” suggest that the process be delayed, but that would also raise additional unknowns.  Will there be changes in the law, changes in the General Assembly, changes in the Town of Waynesville or Lake Junaluska that would have an impact on the decision.  But, the general issues remain the same:  whether to remain the same, pursue annexation, or pursue incorporation.  Add into that decision, the question of timing. 

As far as implementation dates, there are two windows of opportunity based on the governmental fiscal year of July 1 to June 30.  The first window of opportunity for annexation would be June 30, but this would be difficult to manage.  The second window of opportunity would be August 31.  This would be the last window until June 30, 2014.   

He said without speaking for the Board and just as an example that the Board could vote for annexation and then in a separate motion select the date of August 31 or June 30. 

Pat Koonts said that some people may feel that this decision is rushed, however in reality, we have been meeting, learning about the options, and discussing the issues for about almost a year.  Since last spring, the Task Force has held 10 open public meetings for that purpose.   

Bill King said that both Jack and Pat have spoken to the same points he would make:  “Are the members of the Council confident with making a decision at this moment?” 

Bill then said that we have covered the overriding issues from previous public meetings.  He then opened the floor to questions. 

Rhett Turnipseed shouted “Money!”  He then asked how much it will cost us as property owners. 

Jack Ewing said that he had sent a sheet to all property owners which compared our service fee rates with the tax rates of the Town of Waynesville. 

For a property with a value of $200,000 in a 20% tax bracket, with 5000 of water use per month, the estimated costs are as follows: 

                $1800    if we remain as we are; 

                $1600    if we incorporate; 

                $1200    if we agree to annexation by the Town of Waynesville. 

Jack said that in the simplest form, it will cost the average property owner $600 more a year if we remain as we are factoring in the improvements that are needed to our infrastructure.  Rhett then said that he remembered that information was on the sheet. 

Jack King asked “who are the Board of Directors?”.  Jack Ewing and other members of the Board assisted in naming as many as possible.   

Bill King followed up by saying that he was on the Board of Directors in the 1980s before the administrative change that occurred a few years ago.  He said that the current Board knows much more about the state of the Assembly including the residential area because so many of them are residents and property owners. 

Jack King asked how active the members are in C & R Center activities.  Jack Ewing said that some are and some are to a lesser extent, but he assured everyone that this Board is deeply concerned about Lake Junaluska and very much engaged in who we are and what we want to be.  He pointed out that the Board is established for all of Lake Junaluska and not just for the C & R Center.   

Jack King asked if anyone foresees any complications in the legislature due to House Bill 79.  He asked if the General Assembly will respond negatively if rushed.  He said that House Bill 79 requires a 2/3 vote. 

Buddy said that was not exactly correct since we approached Waynesville about the possibility of annexation and this was not a “forced” annexation.   

Marcie Onieal, Town Manager for Waynesville, was in the audience.  She explained that House Bill 79 addresses incorporation.  She said that an “involuntary annexation” requires 60% approval of registered voters in the area to be annexed.  She said that this effort would be considered “local legislation” by the General Assembly.  If the measure is supported by our local representatives to the General Assembly, it is likely to be approved as a “courtesy” upon their request.  She also said that House Bill 79 will make it more difficult to incorporate in two years. 

Jack Ewing said that he has advised people not to worry about what the General Assembly might do.  We cannot control the General Assembly.  If the General Assembly says no to our request…that the action cannot be taken without an official “vote” instead of a “survey”, then we will have to have an official vote…even though this would eliminate non-resident property owners from the process. 

He said that House Bill 79 does not apply to the way we are approaching annexation.  But, if the General Assembly disagrees then we will follow their instructions. 

Jack King asked why we have chosen the path of not voting.  Pat Koonts said that many property owners are not registered voters.  The survey allows all property owners to be heard.  If they don’t live here, they could not have voted.  Using the survey, “you have had your chance to express your opinion and that opinion is going to the Board.  I am sure that they will look seriously at the results.” 

Buddy said that our local legislators have already been contacted for advice.  If they had wanted us to have a “vote” they would have told us.  But, they asked for a survey of all property owners.  He said that this is the only reasonable route we could take after what we discovered in our studies of our needs last March. 

Bill King said that the layers of decision-making have been amazing as we got into the process.  He said that the study process had been carefully orchestrated and he thanked Ron Clauser for his leadership on the Task Force.  He said that we all have done the best we could possibly do with the charge that we were given.   

Tim Phelan asked if the votes of the Council members today would be based on the results of the survey.   

Ken Zulla explained that it was originally considered not to release the survey to anyone before the Board received it.  He had objected in an e-mail to Jack Ewing saying that he could not make a decision without knowing the opinions of the people he represents.  Jack then released the survey to the Community Council members.  Still, Ken says that the survey results did not change his decision.  He says that he has been concerned about representing the people and that 8 out of 10 people who have spoken to him directly feel his final decision is correct. 

 

David Baxter said that when we started the process of thinking about our municipal status, he began by thinking that we don’t want to mess with what we have got now.  But, after receiving the financial projections, ALL are high.  He said that it is time to be realistic.  Realism for us is living within our means.   

 

He said that he heard people at another meeting saying that we would all have to dig deeper.  Still he said that he would hate to believe that this decision is made based solely on money. 

 

He said that he finally decided that we need to go with annexation.  He realized that his dream of incorporation to stay as much as possible like we are is not realistic.  He said that we are all dealing with finances.  He said “I simply cannot do more financially.”  He said he would hate to think that increased charges from remaining the same or incorporation would cause some good people to have to sell their property because they could no longer afford to live at Lake Junaluska. 

 

(Secretary’s note:  David Baxter provided a written statement which was not read into the record, but it seems appropriate to enter it here). 

 

David Baxter, Member of the Community Council  

March 5, 2013  

 

Response to Municipality Task Force Recommendation Favoring Annexation  

I am quite aware that the recommendation from the Task Force comes to Community Council
with a great deal of technical research, financial appraisal, time and energy consumed with both a
combination of community endorsement and doubt.  

 

I join with others in commending the labor of Task Force, our Junaluska staff, Waynesville City
leadership, and those who have participated from our community in forums across the last ten
months. Thank you!  

 

 

My "heart" favors incorporation. I like the thought of "self-determination" as a means of
maintaining traditions and policies and expectations that we have all learned to count on.
However, from the financial projections that have been shared with us, incorporation is the most
expensive of options. Such estimates force me to consider reality as the basis of my vote. I
would have preferred that "what's best for Junaluska" would not turn on finances. But if I’m
understanding correctly, financial responsibility is what started the municipality study. I've been
impressed by the bold generosity of those who have publicly declared their willingness to "dig
deeper" in order to incorporate or keep things as they are. But for me, I cannot absorb significant  

increases. That's my reality. And I cannot vote for an option that might force me, or any of
us, to relocate because services charges were beyond our ability to pay.  

 

 So "reason" for me, at this moment, must rule over my emotional attachments and fears and I
 concur with the Task Force recommendation for annexation.  

 

I do hear those who are convinced that more time for response to the Task Force
recommendation might better inform a decision and unite those of differing opinions. It’s
anybody's guess that if we had another month or two years that we would be any more informed
or wiser than we are now. Nor am I sure that in two years Waynesville would have ~he interest or
will to reinvest the energy of personnel or the costs of updating studies in. order to give us another
entry. I'm feeling the pressure of wise decision making, but: I'm not feeling pushed because,  

 

I anticipated that when all the studying was concluded a decision would follow.  For me that’s the reality of time which any opportunity asks of those who contemplating taking or leaving.  

David Baxter 

 

Paul Starnes, another member of the audience read a written statement into the record and provided a copy to the Secretary.  The text follows: 

 

Remarks by Paul Starnes to Junaluska Assembly Community Council, March 5, 2013  

I preface my remarks by stating that I did not retire to Lake Junaluska to quarrel with my neighbors but rather to enjoy my neighbors and to work with my neighbors in solving problems that mutually affect us.  Solving problems, of course, involves discussion and sharing viewpoints – some of which are diametrically opposite – but this does not mean it cannot be done without villianizing and demonizing each other.  We are a Christian Community and our faith calls on us   to respond to each other with respect and love.  We are not apt to achieve unanimity on the issue before us but we can achieve unity, which is the ability to love each other and to work together in spite of our differences.  Whatever the outcome, it is my intent to continue working for the good of Lake Junaluska Assembly and to love my neighbors. 

I sent each of you an email concerning my feelings but I wish to repeat a portion of that email here in order for it to become a part of these proceedings.   

If you were at the final meeting of the Municipal Study Task Force, you are aware that I am among those who feel that the rush towards annexation is unwise – that we need to seriously and thoroughly explore other options before making a final decision.  The community needs more time to digest the report and to discuss the ramifications of annexation.  If annexation is the final result, the critics will feel that they have been heard and taken seriously and residents will have had time to adjust to the idea of annexation.  Perhaps a representative group of those who feel that annexation is not the best course could be challenged to come up with a feasible alternative for consideration. 

You will remember that at the Task Force Meeting last week I suggested it might be wise to explore a merger with the Junaluska Sanitation District.  I noted that they had recently replaced all the water and sewer lines of Tuscola Park and the areas adjacent to County Road, starting at Whitfield Way.  This was done with a government grant and no assessment to the residents.  I am unsure of the exact boundaries of The Junaluska Sanitary District but I know that it takes in quite a large area – Tuscola Park, the area adjacent to County Road, Foxfire, and some sub-divisions down old Clyde Road.  A Municipal Study Task Force member told me that the idea of merging with the Junaluska Sanitation District had not been explored by the Task Force.  Perhaps a meeting involving the Junaluska Assembly Community Council or/and the Municipal Task Force and the Junaluska Sanitation Board could be productive.  Should that option not prove productive, another option which might be pursued is the residents of Lake Junaluska Assembly forming our own District without incorporating (if the Assembly would do what they are being asked to do with Waynesville – deeding the pipes and streets to the residents).  

 

Questions with which I continue to struggle include: What will result from taking the streets of the Assembly from private to public?  (We are told that we do not have speed limit or arrest authority right now.  However, with private streets we do have the authority to order persons off the grounds and officers do come onto private property by request when there are such things as domestic violence.)  Will Assembly activities be hampered by having to get permission from the Waynesville City Council to close a street for an event or to alter a street?  How quickly will the Waynesville City Council or departments respond to requests for service?  Will city police provide as much security as a private security force?  What will be the result of Church and State being somewhat wed by having to be so intertwined on religious assembly grounds?  In cases where private individuals purchase such facilities as Sunset Inn and want to permit certain activities or serve alcoholic beverages, would the Assembly rules really hold up in court if challenged?  What might happen if the Waynesville City Council is overtaken via an election by persons who are not sympathetic to the philosophy or requests made by Lake Junaluska Assembly.  I well remember some very negative letters to the editor and also some full page advertisements that have appeared in The Mountaineer concerning the Assembly. 

Among the things I like about the present set-up is the ease with which we can address community concerns and problems.  The persons responsible are close at hand and known by the community.  We have a court established right to assess service charges.  Perhaps those charges need to be increased to meet our service needs.  Could the infrastructure needs be a part of the up-coming building campaign?  It was said at the Task Force Meeting that we would be asking the Jurisdiction to pay for the personal water and sewer needs of the Assembly but I would beg to differ.  The Jurisdiction would still own the pipes and the streets and receive the revenues from residents tapping on. Most important of all, I value our clearly being a religious assembly, free to rule our own affairs and to be unapologetically a Christian endeavor.  When I was a member of the LJAPOO Board, I remember Buddy Young responding to a question about a government requirement concerning the Lake with “That’s what you open yourself too when you accept government money.  There are always strings attached.” 

As you can see, I have a lot of questions and am still processing the situation, as are many others and I hope that the Community Council will give the Community the time and the resources to do just that – making sure to cover all the bases.  I believe we will be a more united community whatever the outcome if all feel that all options have been explored.  With annexation we are, after all, making an irrevocable decision and we would be wise to do all in our power to see that it is the right decision. 

 

Respectfully and in friendship,
Paul Starnes (Owner of 87 Glenview Drive, Lake Junaluska, NC) 

Bill King thanked Paul for expressing the opinions of those who continue to have a lot of questions and want more time.  He said that members of the Council and the Task Force have also heard from those who want more time.  However, Bill said that we are at the place where we have to make a decision.  We have collected and analyzed information for nearly a year and it is time to make a decision. 

Tim Phelan said that he has no problem with annexation as long as the Council members as elected representatives vote with the results of the survey.   

Bill explained that the Council is an advisory group and is not making the final decision.  He emphasized that the survey is “not the decision”, it is part of the information to be examined when making the decision.  He explained that the decision could be made outside the results of the survey. 

Paul Young said that he hopes that the Board will NOT make its decision solely on the basis of the survey.  The Board has a responsibility to the property owners, the Conference & Retreat Center, and the mission of this place that we have.  He said that there is a point in history where great decisions have to be made.  Wishes of those affected should be considered.  But Lake Junaluska Assembly did not come into being with the idea of serving property owners.   

Paul said that the biggest issue we are considering is how to get the financial burden of a 100 year old infrastructure off our backs.   

But, he says that he hopes that the primary focus of the decision is not on “me as a property owner, but on the Conference and Retreat Center and the mission of the Assembly.” 

Oscar Dowdle entered his statement into the record.  The text follows: 

 

Oscar Dowdle,  Community Council Member
MARCH 5, 2013  

 

Thanks to Jack Ewing, Buddy Young, Board of Directors, Task Force and Town of
Waynesville for the timely and careful study of LJA current status regarding the
infrastructure. The Martin-McGill study has confirmed our staff's evaluation that the
infrastructure has reached the end of its life expectancy.  

 

I appreciate the deep concern some have regarding incorporation or annexation
as they feel LJA will lose its unique place in the life of the United Methodist Church.
Also that a change may alter the housing community in some drastic way. Some feel the
decision before us has been hurried and need more time. The reality is: present
situation has developed over several decades which previous administrations over
looked. I don't think further study will change the situation before us. 

 

I support the recommendation of both the TASK FORCE and the Martin-McGill
study to annex for the following reasons:  

 

To remain as we are now is not viable. To incorporate seems impractical unless
we increase the population ten-fold. Both choices will burden the residents with millions
of dollars that will feel like a financial tsunami. The Southeastern Jurisdiction of the
UMC has made it clear that it can no longer afford the annual one million dollar support
of past years.  

 

The Conference Center will remain in the control of the Southeastern Jurisdiction.  

LJA has long enjoyed a mystique for United Methodists and others. The heart of
the mystique is not the housing areas but the Conference Center which has provided
worship, conferences, workshops, fellowship and leadership training for leaders of the
Church. This is the mystique, the THIN PLACE where lives are touched by God.  

 

Thus, I support annexation which will help provide finances for the aging
infrastructure over the short and long term, thereby enabling LJA to remain a viable
place to live and continue to be the THIN PLACE where lives are transformed by the
renewal of soul, mind and body.  

Oscar Dowdle  

Pat Koonts was recognized by the chair and called for the question.  However, the chair allowed discussion to continue to some point when Jack King called a point of order from the audience and suggested that it was a conflict of interest for Council members who were also members of the Task Force and had already voted for annexation to vote again on the Council.   

Jack Ewing noted that Clifton Metcalf was in the audience and asked his opinion.  Clifton said that to him it would seem like it would be a decision made by each individual member as to whether their personal circumstances suggested a conflict of interest.   

Bill King said that he saw no reason that all members should not vote: that they had been elected to vote. 

Pat described the make-up of the Task Force as one that was fair and representative of the community including representatives from the Junaluskans, the Community Council, the Board of Directors, LJAPOO, property owners, and the church. 

Gene McAbee called a point of order that a call for the question requires a vote and that a call for the question was on the floor and had to be addressed.   

Bill King called for a vote on the call for the question. 

Members voted unanimously to call for the question. 

Bill repeated the motion he had entered during his opening statement which was seconded by Ken Zulla: 

That the Community Council recommends that “the Lake Junaluska Board of Directors pursue annexation with the Town of Waynesville.” 

All members present voted yes. 

No one voted no. 

There were no abstentions. 

Gene McAbee asked for  permission to make a correction to the minutes of the final meeting of the Task Force.  Jack King had asked that one of his statements be clarified in those minutes.  Since the Task Force would not meet again, approval was needed from the Council to modify the minutes.  Bill asked if there were any objections.  None arose.  Gene will make the change Jack King requested. 

Gene asked for a final disposition on the records he has maintained of Task Force activities.  He suggested that the complete record be transferred to the SEJ Museum at Lake Junaluska to be preserved as an archive.  Bill asked if there were any objections.  There were none.  Gene will confirm that the records are complete, reproduce all of them electronically, and submit them to the museum. 

Bill thanked everyone for their participation and adjourned the meeting at approximately 5:25 p. m. 

Respectfully submitted,
Gene McAbee, Secretary 

 

ADDENDUM:  Ken Zulla’s and Jimmy Pennell’s prepared statements were not read into the record, however, for archival purposes, they are provided here.  Pat Koonts’ statement from the Task Force meeting on February 28 is included at the end. 

 

Ken Zulla, Member of the Community Council 

March 5, 2013 

 

Before I give my opinion I would like to say as a former corporate IRS agent, a lot of my decisions were not perceived as being very popular.  They were however made from what I thought to be what were truly the correct answer based upon the facts as currently presented and the law that was in existence at that time.  I pray that whatever decision is made, Lake Junaluska and its community remain in the same unity and harmony before this process started. 

 

Evelyn and myself have been owners of property on Lake Junaluska since 1997 and residence since January of 2001.  We decided to move here from upstate New York due to the beauty of the mountains and Lake, very similar to upstate New York where we lived for 25 years.  We did not realize that Lake Junaluska brought more than a beautiful place to live, but a community dedicated to carrying out God's work.  We soon became members of various committees, volunteering not only at Lake Junaluska, but in the surrounding communities including Waynesville. When we look out our window, our home doesn't end at the edge of our property, but extends into the waters of the Lake reflecting the shadows of the cross, all created by the thoughtfulness of our founding fathers.  You can understand why we have participated year after year in Lake clean-up, donating monies to Assembly to maintain the cleanup during the summers for the next 10 years, taking care of the swans, running the fashion show for scholarships and recently pulling out 20,000 plus pounds of debris around the shore after two storms.   

 

I have attended as the South Lakeshore representative all of the JACC meetings since the original mention of the 4 choices to deal with Lake Junaluska's long-term plan with respect to its infrastructure and Lake Junaluska community as a whole.  I have also attended several Town of Waynesville meetings and all of the Task Force Meetings.  I have drafted several e-mail messages, had telephone conversations with both Buddy and Jack Ewing.  I have taken my representation very serious.  

 

I agree with the majority of the people living at the Lake, there is a need for change.  To stay the same would not be financially sound in pushing a great burden to fix our infrastructure onto a limited resource of people.  I believe if the Conference Center is to survive it needs to become totally dedicated to managing the Church's property and programs.  I believe that Jack Ewing and Buddy Young need our help by voting not to stay the same, but voting for one of the other alternatives.  Being an accountant, if the repair over 10 years is close to $10 million, how is the Conference Center going to be able to provide its share of 15/20% and still become profitable.  This year Jack did a great job, but this was the last year of the Church providing monies towards his Conference budget.  Adding $150,000 to $200,000 in their share of services charges for repair just doesn't make success in turning the Conference Center around to becoming self-sufficient. If the Conference Center fails, so do your property values.  You also must know that this is only the first fix and that a second and third phase of repair will have to be addressed for the next 20 years or more.  

 

We therefore need to move on to the issue of incorporating on our own. Based upon Waynesville's latest information, the cost to fix the infrastructure will be about double than originally estimated.  There are a lot of reasons for this including bringing up to municipal code and actually having their engineers on the grounds reviewing the Lake's needs.  The footnote mentioned in the survey about a new town personnel requires the higher model of staffing, meaning higher yearly taxes than in the survey.  A smaller town office will have to rely on a lot of out sourcing of services.  Incorporating will require startup costs and much more time than merging into a community that already exists. People have said we can always change our mind, do you take a chance in setting such up, only to walk away a few years later?  Who is to say in waiting two years, TOW will want us under their new administration, especially after spending all this money in 2012/2013.  A separate town will also be competing for grants if they have similar projects. No one can guarantee if such grants will even be if available in today's climate. It should be noted that no one from the TOW has indicated that they would try and deny incorporation as a choice if we wished to move forward with this option.  Another negative for incorporation is that we do not have a lot of area for commercial growth, thus no increase in tax base and taxes continued to be leveled on a fixed number. A major portion of our roads due to being narrow, may not qualify for road assistance grants. The tax exempt status of the Conference Center would push additional burdens, repairing the infrastructure on the residents, again adding several hundred dollars to your yearly tax bill.  Not all people itemize and therefore will not benefit on their personal income taxes by changing from a service charge to a tax.  What we do know is the Conference Center is tax exempt and we will lose their 15/20% share of service charge and receive only a contribution based upon their determination. We will have to build, buy or lease a Town Hall building, create a new police department that will be able to enforce laws and continue to buy water from Waynesville where we are charged whether we consume or lose.  We will have to either have or hire for contract, planning and zoning personnel, buy new equipment to service roads our infrastructure and other functions of a municipal.  Finally, being a new town we will have very limited startup resources, be limited as to amounts that we can borrow at lower interest rates. Being independent is a much better solution then staying the same, but not the answer to the future of the Conference Center and residents. 

 

Finally, what I confirm as our only choice, annexation into Waynesville.  I must say that I prefer to call this a merger since annexation has a negative impression.  This a mutual agreement to merge into one government, but remain as separate entities in what they represent and will carry on into the future.  Lake Junaluska will always remain a religious community standing for " a place of Christian hospitality where lives are transformed through renewal of mind, body and soul".  The people and the Assembly have a permanent goal for Lake Junaluska, being a spiritual center.   

 

Underlining my reasons for my decision is that the TOW has defined what your tax bill will be at this time.  They feel there is no need to raise taxes at this time just because of a merger, Martin McGill study confirms this.  Fixing the infrastructure through a larger entity will be the least expensive to the Junaluskans, something a retirement community with fixed resources will benefit from. The town has already starting fixing their Town's infrastructure with a plan that sets priorities, budgets portions currently and sets aside reserves. They have the professional management team and police force already in place. They have agreed to treat LJ's priorities as equal if acquired.  Cost to repair would come through water rate increases which would initially drop to Junaluskans if they acquire us, hopefully making this a wash issue.  What would be important is that such would not be a fix based upon assessed values, determined by Haywood County.  The TOW has only $12 million in debt and is allowed to borrow four times that amount and will be able to secure interest rates that a new town could not secure. The TOW has promised to honor covenants and prior accepted zoning practices, something very important to the residents. Yes, we know there will be changes that we will have to adjust to.  Marcy Onieal I believe has spoken the truth and has earned our trust by her actions. 

 

At this point in time I need to vote for annexation.  I believe the Board of Directors could however come up with other alternatives, such as funding their portion of the cost of the infrastructure and staffing rather than pushing such obligation to the residents. Either option would allow Jack Ewing to continue on with rebuilding Junaluska to even a greater religious community than our creators could have ever visioned. Since funding by the Jurisdiction has not been proposed, annexation is the only viable option at this time.  As we move forward to annexation we must remember the strength of the Junaluskans is their ability to work together and unify for a cause, religious or otherwise.  The TOW provides a professionally run Town that has shown the ability to operate effectively and efficiently.  If by the chance the TOW does not fulfill their promises, their leaders will be put to task either at their town meetings or by the power of vote.  The town has already experienced this by the large attendance of Junaluskans at some of their meetings, I call it the Junaluska Experience. 

 

Respectfully submitted 

Kenneth Zulla 

 

  

James T. Pennell, Member of the Community Council 

 

March 5, 2013 

 

First, I would like to express my appreciation to the Task Force for the service which they have rendered on behalf to study various options facing our community in the future.  They have worked hard and have provided some helpful information. 

 

During my 60 year association with Lake Junaluska I have witnessed many changes through the years.  My initial visit to Junaluska was to attend a Youth Conference in 1953.  My first connection was related to my tenure as Director of Youth Activities in 1958-59.  My wife and I purchased property here in 1972.   

 

I have been a member of the Jurisdictional Council on Ministries, and later the SEJ Administrative Council. In the process I have served in several leadership positions such as Finance Committee Chair for four years and later as Chair of the Long-range Study Committee for four years. In the Junaluska community I have served on the Board of The Property Owners Organization and on the Design Team to establish the Community Council. I have lived through many of the major changes which are described in Bill Lowry's recent history of Lake Junaluska Assembly. Junaluska has been in the process of evolving for 100 years.  

 

I have followed with interest the process of the Municipal Study Task Force and have studied the
documents and information which have been provided. It is unfortunate that the process was forced
into a rushed schedule because of the legislative calendar which has limited the time for our
consideration of all of the options. At one point I was hoping that incorporation would be a realistic
option, but that does not now seem to be the case. 

 

I can understand some of the emotions and misunderstanding expressed by property owners. We are living in a time of dramatic change in so many areas of our lives. Change is sometimes difficult
and painful as we are forced to make adjustments in our thinking. For some, it is a grief process as we
reflect upon our experiences of the past and they must actually go through several of the stages of grief
before coming to some resolution. This takes time.  

 

In the process of the study, I have tried to wear two hats: One as a property-owner since
1972; and the other as a part of the Lake Junaluska Assembly in a variety of positions through the years.
The underlying question for me has been: "What is in the best interest of each of the stakeholders?" 

 

I have come to the following conclusion: First, I realize that the voluntary annexation by
Waynesville will not solve all of our problems and meet all of our needs. But based upon the
information and research which has been provided, I feel that merger with Waynesville is in the best
interest of the Junaluska property owners, The Junaluska Conference and Retreat Center and the Town
of Waynesville. I support this recommendation to the Junaluska Board of Directors.  

March 5, 2013  

 

Pat Koonts, Member of the Community Council and the Task Force
Statement for Feb 28^th Task Force Meeting 

 

I vote to recommend annexation by Waynesville. 

 

In 2011 an assessment of the infrastructure at Lake Junaluska confirmed that it needed massive repair/replacement in the next ten years. The Community Task Force was started to explore the options for the future, to educate the community and to listen.. The Southeastern Jurisdiction cannot pay for the repairs of the infrastructure, and the roughly 800 property owners were facing the massive bill themselves. This dilemma meant the task force focused on the options of incorporation or annexation, either of which would give the community access to grants and lower cost contracts to help pay for the improvements. After nine months of study and listening, I feel that incorporation would place the property owners in a situation in which we have too few resources–both financial and human–to fund a governing body and make repairs. Thus, I will vote to recommend to the Junaluska Assembly Community Council that they in turn recommend to the Board of Directors of the Junaluska Assembly that the Junaluska Community request annexation by the town of Waynesville. 

 

The town of Waynesville is a well run, financially sound municipality with whom the Lake Junaluska Community has strong ties; and I feel annexation will make each community stronger. 

 

I realize that any choice will mean that I will have to pay my part as a property owner for the replacement/repair of the infrastructure. I realize that my property taxes in Waynesville will be slightly higher than my current assessment, but that my water bill will be less and fire protection will be included in property taxes. I am aware that annexation,  if the Board of Directors so votes, will occur on August 31^st   and in the year 2013 will entail additional taxes since the Town of Waynesville has a July-June tax year and Lake Junaluska Assembly a January-December year. I realize some services like snow removal and property checks will be additional services that the community can choose to fund.. 

 

I look forward to continue being a Junaluskan–participating in the community;  being enriched by the Conference Center’s programs and volunteering there; and enjoying and supporting the common grounds, which will still be owned by the SEJ.  I feel blessed to be a part of this vibrant community and have enjoyed being a part of the Task Force. 

 

Pat Koonts 

   

 

 

Junaluska Assembly Community Council Meeting
MINUTES
January 8, 2013 

 

  

In Attendance: Bill King, Chair, Pat Koonts, Vice Chair, Gene McAbee, Secretary, Ken Zulla, Jeanette Shaver, Jimmy Pennell, David Baxter, Oscar Dowdle, ex oficio members Jack Ewing and Buddy Young, and guest Paul Benson, Waynesville Zoning Director.  17 visitors. 

Chair Bill King opened the meeting with prayer.  He expressed that the task before the Municipal Study Task Force is a complex one, and that we should attempt to keep everything as simple as possible.  The Municipal Study Task Force was appointed by and reports to the Junaluska Assembly Community Council to carry out the task of investigating options for municipal status and to make recommendations to the Community Council.  The Community Council is an elected body acting as an advisory group to Assembly Public Works and to the Board of Directors.  The Board of Directors is the ultimate authority for planning and operations of Lake Junaluska Assembly, answering to the Jurisdictional Conference which meets every four years.  In addition, the Town of Waynesville and our local representatives (Jim Davis, Michelle Presnell, and Joe Sam Queen) must be partners and key players in this process.  Bill King reminded the Community Council to keep the issues as simple as possible.  He then opened the floor to Buddy Young to introduce Paul Benson, Waynesville Zoning Director. 

Buddy expressed his gratitude to Paul for coming to our meeting and reported that he and Paul have worked together on many projects in the past.  Buddy explained that especially in the case of annexation or incorporation, it will be necessary to understand and be able to implement zoning.   He said that it makes sense for the Community Council to act as an advisory group for the Town of Waynesville in establishing zoning regulations for the Assembly. 

Paul Benson explained that zoning is a series of “Use Districts,” each containing certain dimensional standards and permitted uses that are associated with it.  He said that Waynesville has eight categories of districts and twenty total districts.  He said that Lake Junaluska is a unique situation because it has never had zoning.  He explained that Waynesville has no agenda in this matter and wants only to develop districts and standards that property owners would like.    

The zoning for Lake Junaluska would follow density patterns.  Residential, neighborhood central (for institutional purposes), and a commercial area for the businesses on Dellwood Road would perhaps be some of the zones.   

The process of zoning at Lake Junaluska would be open and would encourage public input.   Changes to zoning maps may be considered each month, as it is in the town of Waynesville.   The first tool need is a future land use plan.    The land use plan concerns demographic patterns, growth trends, and includes community input in order to develop goals for the community.   

A common sense approach is favored in zoning.  Zones need to make sense; “spot” zoning is not acceptable.  Spot zoning is selectively zoning a lot here or there that is within the general boundaries of a larger zone.  Zoning would create additional regulations for Junaluska.   

Paul does not foresee any strong opposition to zoning at Lake Junaluska since residents are already accustomed to deed restrictions already in place.     

Bill King asked where zoning would fit into the process of incorporation.   Paul explained that incorporation would have to come first.  There is no time limit on when zoning must be in place after incorporation…it could take months.  He also said that in the case of annexation, zoning would not have to be completed before annexation although the state legislature could place such a special requirement on an annexation or incorporation request, that would be unusual.  Paul said that a community’s zoning needs to be comprehensive.  We are under a general principle to zone everything within the city’s limits.  Unless state legislature says otherwise, zoning doesn’t need to be completed at the moment of incorporation or annexation.  Buddy added that zoning would be required under incorporation, so it would have to be addressed at some point. 

Bill King asked Paul to elaborate on the purpose of zoning.  Paul said that zoning is necessary because people don’t live by the golden rule.  Zoning prevents neighbors from doing things that will negatively affect other property value.   It’s the community’s members that request and appreciate zoning, and not necessarily the town that seeks out that regulation.  It encompasses many more issues now than it did when the idea of zoning first began in the 1920s: storm drainage, trees, building height, design control, etc.   

Buddy asked how zoning affected historic preservation.  Are there restrictions on removing older buildings?  Paul said that that would be handled mainly by the Historic Preservation Commission, which is a voluntary program.  A property owner can apply for their home to be a local historic landmark.  At that point, the building is “frozen” at a certain appearance.  The design guidelines cover issues such as add-ons, shutters, etc.  A Certificate of Appropriateness is required before an owner can make changes.  This would likely be the only way that a building could be prevented from being torn down.  A local historic landmark can be a modern building in a historic district, or a single historic building surrounded by newer buildings.  

Bill King clarified that a town cannot impose a Local Historic Landmark initiative on a building.  Paul said that it is possible, but rare, and that it wouldn’t be pursued by the town unless the community members supported it. 

Pat Koonts asked how close our current covenants are to the zoning categories in Waynesville.  Buddy said that Aldersgate has got stringent regulations, such as certain siding and colors.  Hickory Hill has guidelines of how big a house needs to be.  In the old areas, you can do what you want as long as you are within the setbacks. The golf course was clarified as a recreational area, and not a commercial property. 

David Wright asked if the Golf Course brings in a net income.  Jack said that it does except for the debt on the new clubhouse.   Buddy said that it is listed as “for profit” property.   

Buddy asked if the campground would be “grandfathered” in to the town, since the Town of Waynesville doesn’t allow campgrounds.  Paul said that it would, but that you can’t increase the degree of nonconformity.   

David Wright asked how the city tax rates compare to service charge rates.  Would service charges go away?    Buddy said that a decision would have to be made as to whether residents wanted some of the services provided by Public Works and Security continued. 

Ken Zulla said that there is a concern among some residents that if we become part of Waynesville, would all of Lake Junaluska properties be grandfathered?   Paul said that non-conformities would be grandfathered, but future modifications would have to meet zoning regulations.   He noted that zoning does not impose many standards on single-family dwellings.  Single-family zoning consists mostly of setback and infrastructure restrictions.  Districts would be crafted to minimize non-conformities.  LJA covenants would remain enforced as well as the new zoning regulations..  The most restrictive rule would prevail in the case of overlapping regulation. 

Ken Zulla asked about RVs specifically.  If parking an RV is not restricted in Waynesville, would that be an issue in Lake Junaluska?  Paul said that zoning from Waynesville would not undermine Lake Junaluska’s restrictive deeds. 

Ken Zulla asked what the different districts would be.  Paul said that the Conference Center would be a “Commercial Neighborhood”, but that adjustments could be made to the zoning ordinance so that good things would not be prevented from happening.  Town Homes would be a higher density area (up to 16 persons per acre), and it would just need to be mapped out.  “Smart Growth” ordinance mixes uses and densities, requires sidewalks and landscaping as well as bike lanes and bike parking.   

Arnold Howell asked if the business on Dellwood Road adjacent to LJA property (the car lot, Granny’s Chicken Palace) would be brought into consideration for inclusion in zoning.  Buddy said that situation with Granny’s would be decided by the Board of Directors.  The car lot is not a part of Assembly property. 

Pat Koonts asked what percentage of Lake Junaluska property is not developed.  Buddy said that at least 85-90% of the property is developed.  Pat said that zoning meetings would mostly be looking at property that has already been established.  Buddy and Paul said that we would try to conform the zoning to what we already have got. The only area of land that is yet undeveloped is 60 acres up on Utah Mountain.  Jack said that the assembly owns 20-something lots, mostly in Hickory Hills, that have not yet been sold. These lots are in developed neighborhoods though, and would not affect the zoning in those areas. 

Dave Wright asked what commercial properties already exist at Lake Junaluska.  Buddy said the campground and a portion of land on County Road near the Public Works office. 

Dave Wright asked how many people live in the assembly area.  Buddy answered that there are approximately 803 homes with people living in them, but depending on the month, the actual number of persons fluctuates greatly.  He noted that 60% of all water bills are mailed to off-property addresses. 

Gene McAbee asked if Paul could envision any future conflicts with building and renovation plans for the Conference and Retreat Center under annexation and new zoning regulations.  Paul said that was certainly possible.  He said that usually adjoining residents are the ones who have concerns about looming buildings and increased traffic.  Zoning requires landscape buffers, maximum heights, and design, etc, but the town usually ends up as the “monkey” in the middle, mediating issues.   

Gene clarified that if Lake Junaluska and Waynesville were annexed, property owners could take concerns regarding Conference Center zoning issues to the Zoning Board to air their complaints, whereas now they take all concerns directly to the Conference Center administration or the Board of Directors.  Paul agreed that that’s what would happen.   

Oscar Dowdle asked if Lake Junaluska would have a representative on the Zoning Board.  Paul says that would make sense.  Paul said that we could ask the board to add representatives from Lake Junaluska. 

Oscar asked how zoning could impact property value.  Paul said that Windfalls and Wipeouts is a zoning book that is very informative.  In general, zoning enhances and protects property value, but in some instances it diminishes it. 

David Wright asked why Lake Junaluska is considering annexation and incorporation.  Don Rankin asked if David had been to any of the previous meetings, and explained that the question has been asked and answered at every meeting.  Pat Koonts asked that members of the task force respond to David’s question at the conclusion of the meeting, when the meeting issues have been discussed and concluded.  (Don spoke with David privately and will send him a copy of the “Frequently Asked Questions” document that has been prepared). 

Bill said that the previous meeting’s minutes are on the website, and asked if anyone has a comment regarding the last meeting. No one did. He invited Buddy to give a report on Assembly Public Works. 

Buddy said that Assembly Public Works will end with a balanced budget.  The Service Charge receipts are also expected to improve this year.   

Buddy reported that David Ward, an outstanding employee who was our Operator in Responsible Charge had an opportunity to become the Public Works Director for Clyde.  He has left, which has created additional strain on the crew.  It will be a challenge without him and hiring someone to replace David will be very difficult.  The two remaining water/sewer crew members have agreed with Buddy to share the load.  Buddy asked Gene McAbee to give a report regarding the security activities for 2012. 

Gene passed out tally sheets of police and security activities for last year and previous years back to 2006.    He said that overall crime reports have decreased over that period of time.  Security officers have done a good job of patrolling and removing persons who have warrants out for their arrest .  Local criminals have come to understand that Lake Junaluska is not a place to commit crimes, most likely because they have seen our police force.  We are surrounded by high crime areas, but are fortunate to have avoided those same statistics.  Reports of theft and breaking and entering have primarily been on Conference Center property.  Two residences had problems last year.  During a routine house check, Adma Ross’s house showed signs of someone trying to enter.   Another house on Wells appeared to have been  slept in overnight without authorization. During 2012, our officers patrolled over 56,000 miles in our 400-acre property.  The security guards are being seen patrolling and deterring crime.  Call or email Gene if you have any questions.  Buddy said that our security team does a great job, thanks to Gene’s leadership.  There are special limitations on our security since we are not a municipality, and they deal with the limitations expertly. 

Buddy said that a window of opportunity for a decision is coming up quickly.  He spends a lot of time in contact with the Town of Waynesville and Martin-McGill Associates.  Uncollected service charges that resulted in liens, totaling $75,000, are a big topic of discussion.  Our Accounts Receivable account is considerable, because it travels with the Service Charges.  We have two budgets: our service charge budget and the monthly utility bills.  In the case of annexation, the liens would have to stay with the community, and would not transfer to Waynesville unless the decision is made and agreed to that the community would be assessed to the point that those outstanding liens could be paid and the residents set free of their liens.  If we do go with annexation, the right to assess would become law.  Right now, the assessments are used for our vital services, but in annexation, we could choose to use assessments for things that would increase our property values.  The Junaluska Assembly Community Council would have to continue for several years in the case of annexation to maintain liens and bill the assessments.  The assessments would remain under the control of the Board of Directors.  

Our water loss has exceeded 30% in 2012 and we can’t afford to hire a consultant to find the leaks.  Ken Zulla added that we pay for sewage treatment for our water loss.  Buddy said that that is what is expected in a purchase system, but that with the Town of Waynesville, we would save a lot of money on our water bills.  Sewage treatment costs more than water treatment.  Ken asked if it makes sense to get aggressive with the liens.  Buddy said that the Board of Directors would have to make a legal move to sue, but that that is all that we could do.   

Pat asked how taking the trash to White Oak affects the utility charges.  She suggested that increased costs for solid waste disposal must result in higher charges.   Buddy said that it definitely affects it, but that we are waiting to see what unfolds with annexation.  If we stay as we are, immediate increases will take effect.  In addition, we will need to hire people to find and fix the leaks in the water system.   

Pat noted that the Board of Directors meets in March and asked if we should recommend increases to the Board at that time.  Buddy agreed.  The Board of Directors sets our service charge rates, but the utility bills could be increased after notifying the Utility Commission, and without getting express permission from the Board of Directors.   

Bill King then introduced Jack Ewing for the Executive Director’s Report.  In the report for the Conference and Retreat Center, Jack began by saying that they are projecting a balanced budget for 2012 with a surplus of between $175,000 and $200,000.  This will be the second time in the last decade that the Conference Center has ended the year within budget.  It is also the first time in the black without significant Southeast Jurisdictional support.   

In 2012, a large goal of $260,000 for the annual fund was exceeded by $7,000.  The Campus Master Plan is underway.  Lambuth Inn is the first priority. Architects Craig Gaulden & Davis, and construction managers, Clark & Leatherwood are the ones hired to complete the project.  Funding needs to be a combination of funds raised and debt service.  While banks are not loaning money as readily as they did several years ago, there are several banks that have already expressed an interest in making loans to the Conference Center.   Jack hopes to have proposals to present to the Board in March.   

Jack commented on our security operations.  Lake Junaluska’s first ski weekend was over New Year’s weekend.  When a group showed up a day early , their rooms had not been cleaned.  There was no housekeeping staff working at that time.  Aaron Deaver, a security officer, volunteered to strip and make the beds for the group.  Jack said that the security staff is reflective of Gene’s leadership, and thanked him for his service. 

Jack said that when the Board of Directors met in October, it was not evident to them that the time frame for an annexation bill was so tight.   He said that there are still a lot of unknowns, and we have an obligation to be informed as well to inform.  We also need to provide the Board of Directors with the best information possible.  We will be working hard from now until the end of the month to inform the Executive Committee of what they need to be informed about.  It is imperative that we make the right decision.  No one should feel that a decision was forced upon them by time restrictions.  Hopefully, a large majority of the residents will support whichever decision is made.   

Jack continued by saying that there is a lot of work that needs to be done before March, including gathering information, and exploring the role of the Board of Directors in the case of annexation or incorporation.  The Board of Directors determines what role they will play going forward.  The Southeastern Jurisdiction of the United Methodist Church (SEJUMC) also is a huge player.  They are the ones who gave authority to the Lake Junaluska Board of Directors.  At this time, little substantive conversation has been held  with the Jurisdiction regarding the Municipal Study.   Jack plans to meet with Bishop Taylor on Monday to begin that process.   

Jack said that there is an urgency to accomplish our goals by March, but we must proceed with caution.  We need to be sure that whatever decision is made, we need as much support as we can get.  This will not be a rubber stamp decision on the part of the Board of Directors.   

Ken Zulla asked if we know for sure whether the Board of Directors or the Jurisdiction will be the final decision-maker.  Jack said that we will have more clarification on Monday when he meets with Bishop Taylor, the Chair of the Committee for Coordination and Accountability of SEJUMC.  Ken asked whether any decision by property owners would be available to the Board of Directors.  Jack said that it would. 

Bill King said that a survey would be sent out, but that the word “vote” confuses the matter, and we should avoid it.  

John Russell, Chair of the Executive Committee, said that the Board of Directors will insist on having the will of the people presented to them before taking this kind of action.   

Ron Clauser said that at the upcoming meeting of the Municipal Study Task Force members, he intends to ask the members to go on record saying which option they favor, and why.   Ron said that he plans to appoint a sub- committee from the Task Force to prepare a survey for distribution to the community.  The survey will be sent to every property owner, not just registered voters.  The Community Council will have the Task Force’s opinions as well as the community survey before making a recommendation to the board.  Buddy added that the state legislature is requesting a survey and public hearings in Waynesville.   A referendum in the Town of Waynesville will not be required.  The state legislature is the ultimate decision-maker. 

Jimmy Pennell said that some residents feel that the decision on annexation has already been made and referred to the article in the Smoky Mountain News this week.   

Bill King said that the process continues to be a fact-finding and educational effort.    Meetings are announced and public and we are having continual communication with property owners. 

John Russell said that the opinions of non-resident property owners must be considered.   

Jack said that the way in which the survey is crafted needs to be educational, but unbiased.  He suggested that an outside observer look at it before sending. 

Bill King added that the Martin-McGill & Associates study is also important in the making of a decision.  No decision has been made yet.  

Don Rankin said that bill is provisional, and that it could be withdrawn.  Buddy agreed that it can be withdrawn between March and June, but a bill won’t be accepted without support from all involved parties. 

 

Meeting was adjourned at 5:35 p.m. 

 

Minutes submitted by Aly Groesser 

Reviewed by Gene McAbee, Secretary 

 

 

 

Junaluska Community Council
ANNUAL MEETING 

MINUTES
November 3, 2012  

 

   

This Annual Meeting served as both a meeting of the Community Council and the Municipal Study Task Force.  

 

ATTENDANCE (Members of the Community Council) Bill King, Buddy Young, Jack Ewing, Pat Koonts, Jeannette Shaver, David Baxter, Ken Zulla, Jimmy Pennell. Gene McAbee (Oscar Dowdle’s wife was hospitalized the night before and he was not present)  

(Members of the Task Force):  Ron Clauser, Ed LaFontaine, Mary Allen Conforti. Lee Galloway,  Joe Stowe, Don Rankin, Kelley Bonfoey, George Thompson, (Ron Phelps was out of town)  

 

Bill King called the meeting to order at 10 a. m. and opened with prayer.  He recognized Buddy Young to present the Public Works report.  

 

Public Works Report  

Buddy reported that the budget for next year has been submitted.  Under the budget the millage rate for service charges will remain 33 cents per hundred.  There will be a 5% increase in water and sewer rates.  

 

Buddy also reported that the new policy on feeding waterfowl has worked well.  There have been few violations since it became effective on September 17.   Some of the geese seem to have migrated.  

Bill King then recognized Executive Director Jack Ewing.    

 

Executive Director’s Report  

Dr. Ewing reported that the Board of Directors completed their meeting on October 19.  The Board approved the priorities related to the new master plan.  He said that public forums on the new master plan would begin before Thanksgiving.  He noted that this is an exciting plan when will help to guide renovation and construction for the Conference and Retreat Center for several years.  

 

Bill then called for questions on the Public Works report and the Executive Director’s report.  

 

Ken Zulla asked if the millage rate would include funds for future reserves.  Buddy said that it does.  The recommendations of the paving study and the equipment study have already been approved by the Community Council and the Board of Directors.  He said that no funds were included for capital improvements to the infrastructure as yet.  This would have required a rate increase.  

 

Bill then informed those present that all this information , along with information from the MSTF, is available on the web page lakejunaluskacommunity.com.  

 

Bill then recognized Ron Clauser, chair of the MSTF and past chair of the Community Council, to give the Task Force report.    

 

Municipal Study Task Force  

Ron reviewed the make-up of the Task Force:  10 voting members and 3 ex officio members.  He restated the mission of the Task Force:  (1) to receive community input; (2) to educate; (3) to listen; (4) to reports its findings and recommendations to the Community Council.  

 

Ron reported that the Task Force had recommended to the Community Council that study of the options of incorporation and annexation continue.  He pointed out that this did not eliminate the option of remaining the same.  The option of having the Town of Waynesville take over the operation of the  water and sewer systems had been eliminated because the Town has no interest in that option and the Task Force concluded that it would be unfair to ask.  

 

Ron reported that the Community Council had approved the recommendation of the Task Force, submitted the recommendation to the Board of Directors, and the Board of Directors had approved continued study.  

 

Ron then recognized Joe Stowe, a Task Force member, to continue the report.  

 

Joe reminded everyone that 100 years ago the Assembly looked very different.  The dam was under construction and the lake did not exist.  There was some assembly property and a few houses.  What could not be seen were the original water lines, sewer lines, and storm drains which were already being installed.    

Joe said that after 100 years, some pipes are so old they are nearly blocked by corrosion.  While this is not a unique problem with such systems, it is one that will have to be addressed.    

He then provided a shortened version of the mission of the Task Force and its options and repeated that the Board of Directors had approved continued study of the options, incorporation and annexation.    

He said that Waynesville has been a resource for LJA for many years and that LJA had partnered with Waynesville in the construction of a wastewater treatment plant.  Waynesville continues to supply wastewater treatment services and supplies our water drinking water and fire protection water now.  

He reminded everyone that the Town of Waynesville is not  “coming after” Lake Junaluska.  Town official have only responded to our requests to help with the study.  

He suggested that we must examine these questions:  

(1)    Physical/Technical Feasibility:  

    (a)    What needs to be done to our systems?  

    (b)   What happens if we are annexed?  

    (c)    What happens if we incorporate?  

(2)    Financial Feasibility:  

    (a)    What will it cost us?  

    (b)   What will become of the service charges?  

(3)    Emotional Considerations:  Do we want to be a part of Waynesville or the Town of Lake Junaluska?  

(4)    Political:  How do we want to be governed?  

(5)    Spiritual:  How do we preserve the spiritual identity of Lake Junaluska?  

 

In answering these questions, community input from property owners and from the citizens of Waynesville is important.  

 All communications up to this point have been “informal.”  At some point, there will have to be formal communications.  

 All property owners at Lake Junaluska are not registered voters in Haywood County, but we still need to hear from them and they have a right to state their positions.  

 Finally, if there is a reduction in staff at Lake Junaluska as a result of any final decision, we need to keep those affected employees in mind and take care of them using normal attrition as a means to adjust numbers of staff.  

  

Questions:  

 

Judy Holton asked if it was possible that natural gas could be supplied in the residential area.  Buddy explained that the private company PSNC has an interest in doing this, but it would cost approximately $600,000.  He explained that there is a line on N. Lakeshore and some residents have connected to it.  He said that he is not sure how incorporation or annexation would affect installation of gas lines.    

 

Lee Galloway said that from his experience with the Town of Waynesville when PSNC expanded its services to town residents, it was a business decision made by the company and the Town did not fund it.  He does not believe that incorporation or annexation would affect that PSNC business decision.  

    

Ted Maziejka said that the Task Force’s process of educating the community has been a good one.   He expressed support for involving property owners, not just residents or registered voters, in the final survey or vote to examine community support for any decision.   He believes that a process should be designed to get more property owners to participate in the decision.  

 

  Ron Clauser noted that a vote means different things to different people.  Registered voters do not include all property owners since some property owners are registered voters in other jurisdictions and are not allowed to vote here.  But, he reported that there will be a joint meeting with the Property Owners’ Association on January 26, 2013.    

 

  He said that the Task Force will make a recommendation for action to the Community Council.  With the approval of the Community Council, there will be a vote or a survey and property owners will be included.  Following the vote or survey, a the Community Council will make a recommendation to the Board of Directors.  

 

  He also said that there has been and will be correspondence going from Public Works, the Property Owners’ Association, and other organizations.  

 

 B ill King said that the Community Council is set up with elected representatives from LJA districts and at-large.  He encouraged all property owners to express their opinions to their representative.  

 

  Ron then recognized Dr. Jack Ewing to continue the MSTF report.  

 

  Dr. Ewing reported that the recommendations of the MSTF and the Community Council were presented to the Board of Directors.  He attempted to help the BOD understand their responsibilities in this process.  He reminded everyone that Lake Junaluska is an organization of  the Southeastern Jurisdiction of the United Methodist Church.    

 

  In 2008, the responsibility for governance of Lake Junaluska was transferred to the Board of Directors.    

 

Within the structure of Lake Junaluska Assembly, there are two divisions:  Public Works and the Conference and Retreat Center.     

 

  The Board of Directors is the fiduciaries of assets of Lake Junaluska Assembly.  Those assets include the Conference and Retreat Center, the common areas, and any property that is not owned by individuals within the boundaries of the 1200 acres of the Assembly.   The Board is responsible for assuring that all property is managed properly.    

 

  The BOD is responsible for setting fees for both property owners and the Conference and Retreat Center.  He reminded all present that the Conference & Retreat Center also pays fees.  

 

  Dr. Ewing emphasized that regardless of the decision on annexation or incorporation, ownership does not change.   The SEJ will still own the Conference and Retreat Center, the dam, the lake, and all common areas.     

 

  The ownership of the water and sewer systems and the roads would probably be transferred to the Town of Waynesville or the Town of Lake Junaluska under annexation or incorporation, but that is yet to be determined.    

 

  He describes the situation as similar to a college or university within the city limits or a municipality.  The college is within the boundaries of the municipality, but operates independently of the municipal government.  

 

  Tax issues for property owners would be determined by the municipal government.  The Conference and Retreat Center now pays service fees just like all property owners and the amount paid equals approximately 1/6 of total collections.  

 

  This would not be the case under incorporation or annexation since the C & R would not pay taxes.  However, there are many examples from across the country of colleges voluntarily providing support to local communities.  

 

  He said that the MSTF will examine all information it believes it needs to provide recommendations to the Community Council.  The Community Council will examine the findings and recommendations and make its own recommendations to the Board of Directors.    

 

  But, even at that, the Board of Directors does not have final authority in the decision.  He said that the issue would fall under the jurisdiction of the Committee on Coordination & Accountability and the Council on Finance and Administration of the SEJ.  However, the final decision rests with the NC General Assembly.  Legislators will want to know “the will of the people.”  They will not go forward with any proposal unless they know that a majority of the people affected support the proposal.  

 

  Ted Maziejka noted that Lake Junaluska Assembly is a corporation and operates within the Lake Junaluska community.  

 

  Jack said as it stands the way we operate now, “property owners” have no legal authority; the Board of Directors has full authority for establishing fees.  He stressed the importance of the Community Council in allowing LJA to operate “like” an “incorporated community.”  Even though it is an advisory group, the NC Utilities Commission recognizes it representative of the community.    

 

   Jim Gilland said no matter what is done, the SEJ will provide no money to Lake Junaluska Assembly and, therefore, acts as an “absentee landlord.”    

 

   Ron Clauser said that the MSTF members understand that concern and are looking at options.  The best option would be the ones that will provide both benefits and responsibilities to all parties.  

 

   Buddy said that since 1988 when Residential Services (Public Works) as established no apportionments from the SEJ have gone to support the residential community.  Jack added that the only possible way to interpret SEJ support of the residential community would be the time that he spends on residential issues.  

 

   Jack said that in the future it will be important to encourage support from the SEJ and from local congregations.  

 

   Tom Hood  asked about services provided by Haywood County to LJA citizens who pay taxes to the County.  Buddy said that the County does not maintain any roads.   The services the county provides are law enforcement, education, social services, and others that fall under their purview by statute.  

 

  Ron then recognized Lee Galloway to continue the MSTF presentation.  

 

  (The full text of Lee’s comments is included in the attached PDF file.)  

 

  Lee confirmed that the final decision lies with the General Assembly and that over the years the GA has been more inclined to create new communities than to approve annexation or merger.  Merger is rare.  He expressed his interest in the concept of the voting process where non-resident property owners would be allowed to vote.  

 

  Generally, Lee said that the Town of Waynesville is in good financial shape.  The Town is capable of taking care of the residents of Lake Junaluska.  The water and sewer rates for Waynesville are lower than most cities and towns in Western NC.    

 

  Ken Zulla noted that when he moved from New York to NC he was surprised at how low such rates were here.   He said that the quality of the Waynesville water is far above other systems.  In merging into Waynesville there would be a savings to each homeowner since we would no longer pay for the monthly water loss that our system allows each month, sometimes between 15 to 20%.  The residents must pay for everything that is pumped even though we do not use do to leakage.  

 

  Don Rankin reminded everyone that because Lake Junaluska is not incorporated or a part of a town, we are not eligible for loans or grants that are available for  repairs or improvements to infrastructure.   When asked about the grants received for sediment removal, Buddy reported that the grant was actually award to Haywood County.  

 

   Bryant Lindsey asked if the Town of Waynesville sells electricity.  Lee said it did, but could not provide it here unless Progress Energy decided to turn over its systems here to the Town.  He noted that Waynesville’s rates are slightly less than Progress Energy.  

 

 George Thompson asked how the acquisition of the Lake Junaluska systems would affect Waynesville’s financial situation.  Lee said that the more water you produce, the less the cost per gallon to produce it.  He said that he believes that it would be a financial benefit to Waynesville.  He also reported that the water rates charged to Lake Junaluska are industrial rates.  They would be slightly higher for individuals; however, Pat Koonts reminded everyone that we now pay Waynesville for “all” water that enters our system whether it leaks away before it reaches a meter or not so some savings could be realized there.  

 

  Jack said that we now have a mark-up of about 30% on our water so if Waynesville took it over it would still be less.    

 

  Buddy explained that one part of our charges are for actual usage.  The second part of the charges are a fixed rate for water and sewer taps.  Buddy said that under our capital improvement plan, water rates will increase by about $20 per month even if no water is used.  

 

  Lee said that Waynesville’s rates are usually in the lowest 3-4% of the towns in WNC.  This year, rates went up by 6% and still remained in the lowest 4-5% of towns.  

 

  Ron then recognized Buddy Young for an update on action taken and planned.  

 

  Buddy said that a “frequently asked questions” document was being prepared on the issues to go out to all property owners the first of December.  This would help keep the dialogue going.  

 

  He said that the study has been mentioned on the water bills every month for the last six months.  

 

  He said that the budget included a $9000 increase for legal fees to support the study.  $10,000 was budgeted to support the consolidated study effort with Waynesville in hiring a consultant to examine the LJA systems.   He said that this will provide a clear and objective analysis of the projected impact of annexation of Assembly property into the Town of Waynesville.  Waynesville has allocated $25,000 for the study and there is a possibility of grant funds to support it.   The study will consider the financial ability of Waynesville to absorb the LJA systems and the condition of our streets and water/sewer lines.  

 

  Marcie Onieal and Buddy have recommended that Martin-McGill, Inc. be chosen at the consulting firm.  Information on the firm is available at martin-mcgill.com.  The study will take 3-4 months.  

 

  Buddy complimented the School of Government at UNC-Chapel Hill for their assistance.  They have given good advice, but they stress that they are not telling Lake Junaluska what it should do.  They do believe that if we do a survey of property owners showing majority agreement, the General Assembly will accept that and not require a referendum.    

 

   Buddy said that all LJA covenants will still apply no matter what option is chosen.  The covenants have been validated by the courts.  There will be no difference under any option.  Deed restrictions will still apply.  Furthermore, if assessments are in place, there could be a non-arbitrary fee charged to raise funds for community enhancements.   The School of Government‘s advice to reserve the right to assess for services in the future in our final documents.   By doing that, we could be a source of funds for enhancements in the future.    

 

   We would still have a community council that could consider assessments and advise the Board of Directors.  

 

   Buddy talked about the timeline.  A full-session of the General Assembly begins in January.  If we believe we want to move forward we need to get on the docket in January.  Buddy suggests a simple annexation proposal to be submitted to hold a place on the docket.    

 

   Ken Zulla asked about the short notice.  Buddy said that if the measure was not docketed this year, next year would be a short session and it would likely be two years before any action could be considered.    

 

   Mary Allen Conforti also asked about the short time available.  Buddy said that by January we should know what we want to do.  He said that it is a good idea to lay the foundation for action understanding that we can withdraw the request if we decide we are not ready to move forward.  

 

   Jack said that it is important that we very quickly identify the steps necessary.  He said that he does not want us to feel rushed in our decision.    

 

   Ron concurs with Jack.  He noted that the Property Owner’s Association will not meet until the end of January.    

 

   Ed LaFontaine suggested that we need to understand the downside to putting a hold on a place on the docket in January.  

 

   Lee Galloway brought up covenant enforcement.  He said that annexation or incorporation would not “disband” enforcement of covenants but that everyone needed to understand that municipalities do not enforce covenants.  There should be no expectation that Waynesville would enforce covenants.  However, Buddy noted that we could work with Waynesville to get portions of our covenants included as zoning laws.  

 

   Buddy reported that he and Jack have talked about hiring an attorney in Raleigh to handle incorporation or to negotiate with Waynesville on annexation because that attorney will need to be near the legislative sessions.  

 

   Ron then recognized John Miller who had requested to address the Council, the MSTF, and those in attendance.  

 

   (The text of Mr. Miller’s remarks are included in an attached PDF files).  

 

   Generally,  Mr. Miller reviewed the history of governance discussions at Lake Junaluska.  He spoke about the formation of the Lake Junaluska Property Owners’ Association.  He reported that “20 years ago” (1991 property owners became extremely concerned when they received a rumor that the Town of Waynesville may be moving to annex.   In the end, the Town of Waynesville assured property owners that it had no intention of attempting to annex.  

 

   Mr. Miller expressed his opposition to annexation.  

 

   He also expressed his opposition to the process underway saying that any discussion of annexation or incorporation should begin with the citizens and the citizens had to petition for action.    

 

   After Mr. Miller’s presentation, Ron Clauser said that he has known Mr. Miller for a long time and considers him to be a friend.  Ron reminded everyone that we are in an “investigative” phase and we are simply studying our options.    

 

   The meeting was adjourned at 12:20 p. m.  

 

   Respectfully submitted, 
    Gene McAbee  
    Secretary  

 

 Attachments will be posted soon  

  

Junaluska Community Council 

MINUTES         

October 2, 2012  4:00 p. m. 

 

 Attendance:  Bill King, Pat Koonts, Ken Zulla, Oscar Dowdle, Jimmy Pennell, Jack Ewing (Buddy Young was out sick, Jeannette Shaver and David Baxter were out of town)  Ron Clauser and Ron Phelps were at the meeting representing the Municipal Studies Task Force.  Five community members were present. 

 

Bill King called the meeting to order at 4 p. m. and opened with prayer.  He then asked for everyone present to introduce themselves.   

 

Bill then reviewed the schedule for meetings over the next year.  Two changes were made over the standard first Tuesday of the month meeting dates.  The November meeting will be a combined meeting with the Annual Meeting on Saturday, November 3 at 10 a. m. in the Harrell Center Auditorium.  There will be no meeting in December as usual.  (Ron Clauser pointed out the by-laws call for 10 meetings a year and that traditionally there have been no meetings in December or July).  In January, the meeting will be held on the second Tuesday in the month (January 8) because the first Tuesday is on January 1, a holiday.   

 

 The meeting dates for the upcoming year are: 

 

 January 8 

February 5 

March 5 

April 2 

May 7 

June 4 

August 6 

September 3 

  

Bill said that at the Annual Meeting on November 3, we will convene as the Community Council and then turn the meeting over to Ron Clauser for the Municipal Studies Task Force. 

 

Bill then recognized Ron for the report from the Task Force.  Ron reviewed the process of the Task Force’s formation and goals.  He said that he had been pleased with the level of community attendance and participation and pleased with the work of the members.  He noted that even though information moves around Lake Junaluska quickly, there are some people who had not received information about the process because they do not have or do not use computers and e-mail.   

 

 

Ron presented the two recommendations from the Task Force to the Community Council: 

 

• The Task Force recommends to the Community Council that the option of remaining the same and the option of only merging water and sewer systems be eliminated from consideration. Those two options should not be a part of the study going forward.”   

 

• The Task Force recommends to the Community Council that a study on annexation with Waynesville be initiated with costs shared by Lake Junaluska and the town of Waynesville.   

Ron explained that the option to remain as we are has been studied and he looks at this as a “fall back” option which is still on the table for the future if consensus cannot be reached on incorporation or annexation.   

He also explained that he does not expect the study process to be completed any time soon.  He said that community members should be looking toward the future with the question not being “what is this going to cost me now” but what is best for the Lake Junaluska community over the next 100 years.   

At this point, Aly Groesser pointed out that Buddy had met with Marcy Onieal from the Town of Waynesville and they had estimated that the total cost of the study on annexation would be $50,000.  She reported that the Town had budgeted $25,000 toward financing the study, there would be grant funds available, and that the estimated cost to Lake Junaluska would be $10,000.   

Ken Zulla said that he would prefer that we use the word “merger” when discussing the possible future relationship with Waynesville instead of annexation.  He believes that the word annexation carries the impression of a forced action.  Ron said that he agreed that “annexation” does carry unpleasant connotations, but he did not believe that the Council should generate the appearance of attempting to “soften” the impact of the action to some people. 

Ron said that we have the ability to have this discussion about annexation because there is no threat of forcible annexation from the Town of Waynesville since that is no longer possible under state laws. 

Ron said that there are still a lot of things to do and a lot more discussion that must take place on many issues. 

 

Jimmy Pennell motioned: 

 

That the Council accepts the recommendations and report of the Task Force.  Ken Zulla seconded.  Approved by acclamation. 

 

After some discussion about action by the Community Council and proper wording of a motion, Pat Koonts motioned and Ken Zulla seconded: 

 

That the Junaluska Community Council recommend to the Board of Directors that a study on merger/annexation with Waynesville be initiated with costs shared by Lake Junaluska and the town of Waynesville recognizing that a study of merger/annexation will also provide insight into the remaining option of incorporation.    

Approved unanimously 

 

Ken Zulla then motioned that the Community Council recommend to the Board of Directors a cost-sharing arrangement with the Town of Waynesville for this study.  After some discussion and a re-reading of the motion above which included mention of sharing costs, there was no second and Ken withdrew the motion. 

Woody Adams, a community member, expressed his appreciation to Buddy Young for his willingness to speak one-on-one with community members who needed more information on the process.  He asked if incorporation requires approval by the state.  Bill King answered that both annexation and incorporation will require approval by the state. 

Norma Jean Dobson, a community member, expressed concern for current employees from Public Works and wondered what would happen to their jobs.  Ron Clauser said that personnel issues have not been discussed in depth and this would be an issue that would have to be discussed in the future.  Gene McAbee expressed his confidence in Chief Bill Hollingsed and the Waynesville Police Department, but also explained that it is unlikely that the WPD would be able to provide the level of intensity of security and traffic service that would be necessary for the conference center or possibly desired by the residents and property.  He said those issues need to be discussed. 

Aly Groesser then reported for Buddy Young.  Buddy and Andrew d’Adesky visited the School of Government at UNC-Chapel Hill.  Some of the SOG faculty who have been helping Andrew would like to attend a future Task Force meeting.  

Aly reported that so far the new policy on feeding waterfowl has been accepted and only two violations of the policy have been reported.  Jack Ewing noted that the sidewalks and parking lots are certainly cleaner. 

Dr. Ewing then reported that the Board of Directors will meet on October 18-19.  There will be seven new members installed who will begin service on the Board in January.  There will be new officers since the chair, vice-chair, and secretary are rotating off the Board.  He said the majority of the discussions will be about the campus master plan.  He said that a year from now, we hope to begin working on some major renovations with the understanding that they will have to be complete by the following conference season. 

Bill then opened the floor to comments and questions.  Neil Dobson asked about the painting of the Ascension.  Jack said it had been crated for protection and stored for the moment until a proper location can be found for its display.   

Neil then asked about how property values might be affected by annexation.  He noted that property values at Lake Junaluska are different than they are in Waynesville.  Ken explained that the merger/annexation would have little or no effect on property values since those values stand by themselves based on sale prices the market will bear. 

Fred Avett, a community member, asked Jack about counts for the summer conference season.  Jack said that room nights were down slightly, but attendance at events in Stuart and other facilities were up significantly.  He identified this as a continuing issue:  a number of people utilize our facilities without paying anything to support the facilities. 

With no more questions or comments, Bill King adjourned the meeting at 5:16 p. m. 

 

Respectfully submitted, 

Gene McAbee 

Secretary 

 

 

Junaluska Community Council 

Meeting Minutes 

September 4, 2012 

 

 Attendance:  Buddy Young, Aly Groesser, Bill King, Jeannette Shaver, Jimmy Pennell, David Baxter, Oscar Dowdle, Pat Koonts, Ken Zulla, Jack Ewing, Gene McAbee 

 

Buddy Young called the meeting to order at 4:02 p. m. in the absence of an elected chair after recent elections and the end of the term of past-Chair Ron Clauser.  Buddy presented devotions. 

 

Buddy opened the floor for nominations for chair.  Pat Koonts nominated Bill King.  Ken Zulla seconded.  Bill was elected by acclamation.  Buddy turned the meeting over to Bill. 

 

Bill recognized Ron Clauser for his service as the only past-Chair of the Community Council.  He said Ron did a superb job of working through issues and presiding.  He was always prepared and knew the right questions to ask and direction to go. 

 

Bill opened the floor for nominations for Vice-Chair.  Ken Zulla nominated Pat Koonts.  Jeannette Shaver seconded.  Pat was elected by acclamation.   

 

Bill recognized two new members of the Community Council who won seats in the last election:  Jimmy Pennell and Oscar Dowdle and welcomed them to the Council. 

 

Bill called on Buddy to give the Public Works report. 

 

Buddy deferred to John Miller who had come to the meeting to express concerns about the Municipal Studies Task Force and the direction in which Lake Junaluska may be heading.  John asked if this was the proper forum for his presentation.  He wanted the Council to understand that these issues were discussed 20 years ago and he had a great deal of information to present.  Ken Zulla noted that there is a Task Force meeting scheduled for the following night, but   it may not be open for public comment.  John decided to defer his presentation to a Task Force meeting. 

 

FEEDING WATERFOWL 

 

Buddy reminded the Council that they had approved a policy of no feeding of waterfowl at Lake Junaluska at the last meeting.   Buddy described the actions being taken to prepare for public education and enforcement of that new rule which include signs, news releases, and pamphlets which will be distributed to violators.  There is an article in the Mountaineer which is already on line and will be in the paper on Wednesday.  There will be an article in Lake News and Views. 

 

Buddy said that he expects controversy and that is why we are treating this so seriously. 

 

Jimmy Pennell asked if we are prepared to respond to letters to the editor.   

Jack Ewing asked if all Council members could get a copy of the pamphlet.  Aly Groesser went back to the office to get the pamphlets and distributed them when she returned. 

 

FINANCIAL INFORMATION 

 

Buddy said that the accounts department has had some problems this, but he presented a budget update for seven months of this fiscal year that he believes to be accurate.  He said service charge collections are ahead of last year, $6,300 in actual, but $26,200 behind in budget.  He said expenditures for sidewalk replacement of approximately $22,000 had put us behind where we should be. There is approximately $34,500 in service charge reserves.  

 

He also reported that a new position had been created for Bob Gaddis, former administrative assistant, when Bob began to suffer eye problems that made it difficult for him to use a computer.  Bob is now working outside.  This is the first new position for Public Works in ten years.   

 

In addition, the pay for Andrew d’Adesky for his work on the municipal status study was more than anticipated, but this was money well spent.   

 

Buddy reported that utilities are and $2000 ahead of budget and $5,200 ahead of actuals.  He said that we had some big outlays at the first of the year which should slow down now.  Our debt is about $28,000.  Utility revenues are approximately $38,000. 

The plan is to continue making payments on the debt.  There is approximately $34,500 in service charge reserves at this time. 

 

DAM 

If we plan to generate electricity with the dam, the Federal Energy Regulatory Commission must be involved.  As it turns out, FERC officials are familiar with the dam because of past assignments.  Two of those officials already support the program.  They have reviewed the feasibility study and will have to complete an inspection. 

 

MUNICIPAL STUDY 

Buddy reported that the presentation by the Town of Waynesville on the option of annexation was very well received and that the Task Force would meet on Wednesday night for a public meeting where members would be allowed to make their own statements and express their opinions. 

 

Buddy asked for questions from members.  Pat asked if there were any major plans for paving this year.  Buddy said that all work would be small projects. 

 

Bill asked about work in progress on the columns at Shackford Hall.  Jack said that the NOMADS were doing repairs there. 

Ken asked if the policy on fishing at night had changed.  Gene said that the policy remains the same, but enforcement levels will fluctuate based on the workload of the officers on duty and the individual officer’s inclination to enforce that rule.  Gene noted that his staff probably has more difficulty enforcing fishing rules than any other rule because many fishermen seem to want to argue with the officers.  Jack noted that it is not beneficial for LJA for officers to be very strict in their enforcement of rules such as these.  Bill noted that enforcement efforts are best when they are educational in nature. 

 

Bill recognized Jack Ewing for comments. 

Jack noted that the Municipal Studies Task Force was created by the Community Council and that the Community Council will receive the report of the Task Force.  He encouraged all members to participate in discussions of the report when it is presented.   

 

He said that like a college campus such as Emory University, the property owned by the Southeastern Jurisdiction will remain the same.  The difference will be in the governmental authority.  He noted that under annexation and incorporation, the Conference Center and SEJ properties will not be taxable.  He pointed out that approximately 1/6 of total service charge revenue will be lost with the changes and this cost would have to be shifted to property owners.  However, many colleges and universities that may not be taxed are voluntarily paying to support their local communities.  He supports such an arrangement with the new governmental authority which may be established.   

 

Jack said that ownership of the Conference and Retreat Center will not be affected by any changes under consideration.   

 

Jimmy Pennell asked if legal opinions will be sought.  Jack said they will. 

 

Ken asked if we turn our common areas over to Waynesville, would we not become more like a Waynesville Park. 

 

Buddy reminded members that the grant that we received a few years ago to remove silt from the lake required opening the common area to the public.  He said that there had been attempts in the past to make Lake Junaluska a closed community, but the gates were taken out of operation as far back as 1969 so, in effect, the Lake Junaluska has been open to the public since then. 

 

 Jack said that the Board of Directors meets on October 18 and 19.  He said that the Community Council should be prepared to submit its report to the Assembly Public Works Committee for consideration at that time.  He said that the process followed should be described and the Council should provide an update to the Board at its next meeting in March. 

Ken asked if the Conference and Retreat Center would commit to providing support before a final decision is reached.  Jack said yes. 

Buddy said that the conference center will have additional expenses because the “more intense” services provided now for the Center will not be available from the Town of Waynesville.   

 

Jack said that the Conference and Retreat Center will be losing another quarter of a million dollars in operational support from the SEJ next year.  In addition, another $150,000 has been identified that we will not have available next year.  The Conference and Retreat Center will be facing a significant financial challenge.  There has been only one year in the last ten when the C & R Center showed a profit. 

Jack said that still the C & R Center needs to be a good citizen and good partners with the community, residents, and property owners. 

Jimmy Pennell asked if the Board of Directors is incorporated.  Jack said it is.  Jimmy pointed out that the Board of Directors has authority over the property regardless of SEJ wishes.  He noted that SEJ could not sell the C & R Center or the common areas or property.  Jack affirmed that was correct. 

Ken noted that funding was not actually “cut off”, but was redirected.  Jack confirmed that SEJ still provides funding for debt reduction and capital repairs and improvement.  Buddy said that the debt that SEJ approved will be paid off in four years, but not any debt since the Board of Directors was established.   

David Baxter asked about the purchase of Granny’s Chicken Palace.  Jack confirmed that the property had been purchased by the C & R Center for $380,000:  its tax value on the property only.  Mary Ellen Bowen will continue to operate the restaurant through October.  Jack said that the property will be prepared for expansion to the west if needed and specifically mentioned athletic facilities. 

Bill then opened the floor for comment.   

 

Charles Johnson thanked the Council for its action in attempting to control the feeding of geese.   

 

A question was asked about bikes on the walking trail.  Gene said that there is no rule against bikes on the walking trail and certainly it is safer for small children with their parents to be there rather than in the roadway.  As long as bike riders are courteous and yield to pedestrians, he sees no problem.  He said it is when people do not use common sense in their operation of bikes on the trail that people become upset. 

 

The meeting was adjourned at 5:10 p. m. 

 

Respectfully submitted, 

Gene McAbee 

Secretary 

 

 

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For additional minutes contact Buddy Young at byoung@lakejunaluska.com 

 

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