By ROBERT JUMPER
One Feather Editor
EBCI (Eastern Band of Cherokee Indians) Taline Ugvwiyu (Vice Chief) Alan B. Ensley presided over a town hall meeting at the Chief Joyce Dugan Cultural Arts Center on the Cherokee Central Schools campus in Cherokee, N.C. on the evening of Tuesday, June 24. The meeting was moderated by Bunsey Crowe, an EBCI tribal member, who led the attendees in a communal prayer to begin the meeting.
Those on stage to represent tribal government included the Taline Ugvwiyu, Ugvwiyuhi (Principal Chief) Michell Hicks, Dinilawigi (Tribal Council) Chairman Mike Parker [Wayohi (Wolftown)], Wayohi Representative Bo Crowe, Aniwodihi (Painttown) Representative Michael Stamper, Kolanvyi (Big Cove) Representative Perry Shell, Dinilawigi Vice Chairman David Wolfe [Elawodi (Yellowhill)], Tsisqwohi (Birdtown) Representative Boyd Owle, Elawodi Representative Tom Wahnetah, Tsisqwohi Representative Jim Owle, Attorney General Michael McConnell, and Cody White from the Attorney General’s Office. Also, there to address questions were EBCI Secretary of Commerce Sean Ross, Interim EBCI Secretary of the Treasury Brandi Claxton, EBCI Secretary of Housing Tiny Taylor, Carolyn West, Cruz Galaviz, and Jake Stephens from the Tribal Realty office.
Taline Ugvwiyu Ensley welcomed everyone and thanked the Community Club Council, community, and the Cherokee One Feather for submitting the questions to be discussed at the meeting.
Ugvwyuhi Hicks then spoke concerning the purpose and vetting of the questions and the government’s response. “I really appreciate the leadership of the Community Club Council, Bunsey and his leadership, making sure that the questions that are being brought forward (like those from) One Feather are questions that are relevant and it doesn’t cause us to react, but helps us know as leadership what is on people’s minds so that we can respond and make sure that we are adequate in the responses. It is important that we hear from the community.”
Secretary Ross addressed the first question, which was “Why does our town continue to diminish while others surrounding us are thriving? Does the tribal levy hurt us more than it helps us regarding new businesses?”
He opened his remarks with reference to the Charles Dickens novel “A Tale of Two Cities”, stating that part of the challenge is that many of the reasons that some areas of the business district and other areas look diminished is that the Tribe may not own those areas, but by individual tribal members and subleased by others. The Tribe doesn’t maintain as much control over those independently owned businesses. Where the tribe does have the ability to improve, they are working to do so. Secretary Ross also talked about potential legislation to create a tourism development authority to help manage and assist in business growth and standards. He also talked about efforts to clean up and dress up public areas and implement a wayfinding signage program.
The One Feather asked, based on recent discussions in government meetings, if the government now has an appetite for zoning. Zoning refers to the implementation of “local laws and regulations that govern how real property can and cannot be used in certain geographic areas. For example, zoning laws can limit commercial and industrial use of land to prevent oil manufacturing or other types of businesses from building in residential neighborhoods. (Investopedia)”.
Ugvwiyuhi Hicks addressed the question, “There was conversation not just in the last Planning Board but in other meetings and I think we are leaning in that direction. It is just a matter of pride. Do you truly have pride in the town you live in? We want to represent. We want to put our best foot forward. I think it is time to get serious about that concept (zoning).”
Secretary Ross addressed the question, “Does tribal levy hurt us more than it helps us regarding new business?”
He stated that the levy percentage of purchases is currently lower than the sales tax of surrounding municipalities. He said that as long as the levy, which is essentially a sales tax, is at or below the percentage that our surrounding municipalities collect, it would not affect business growth on the Qualla Boundary. He noted that the public pays a tribal levy in place of a state tax on the Qualla Boundary.
Secretary Claxton provided insight into the questions “Why have the sales of alcohol not been added to our per capita distribution?” and “Do any of the LLCs contribute to per capita (including GenWell distributions)?”
She stated that some of the profit from alcohol is actually added to the per capita income. She shared that in fiscal year 2024, alcohol sales contributed over a million dollars to the per capita. Secretary Claxton also provided a sheet with detail from the EBCI Code of Ordinances (often referred to as the Cherokee Code) referencing Chapter 16C, 55B, and 55D in which adult gaming, Kituwah LLC, Qualla Enterprises LLC, “and any LLC formed in Chapter 55B, Sandy’s Racing and Gaming, and Caesars Virginia Casino” are slated to contribute 50% of eligible revenue to the Per Capita/GenWell Fund based on guidelines established year-to-year by the Tribal Council (Entity Revenue Allocation Plans).
This led to the subsequent question, “Why has Qualla Enterprises not been required to contribute to per capita/GenWell distributions yet and/or when will they start?”
Attorney General McConnell answered that the entity is required to pay its bills prior to making a distribution. What bills are to be paid (what is necessary for sustainability) before a per-capita distribution occurs is determined by Dinilawigi.
Two questions, “How are we addressing the current housing shortage?” and “Why is Tribal Realty so far behind with surveying and land transfers?” were answered by Secretary Taylor, Cruz Galaviz, and Jake Stephens. Secretary Taylor provided statistics on land development for housing, needs analysis, and buildability of parcels, rental properties, and shared that seeking to reclaim abandoned houses or houses that are not currently in use for renovation and reuse were some of the ways he and the Housing team are working to fulfill demand.
The Cherokee One Feather asked Secretary Taylor if he could share the status of tribal housing inventory versus the “waiting list”. He explained that Housing does not have a waiting list per se, except a list of applications and people who have applied, seeking housing, which he called a “rehab list” relating to low-income housing.
A tribal member in the audience asked about rumors that the Tribe is considering the creation of a “tribal bank”.
Dinilawigi Chairman Parker addressed the question, saying that Dinilawigi has been in discussion concerning the formation of a Tribal Band for approximately six months and would be sharing more as the discussion progresses. Cruz discussed the challenges of getting heirs for a parcel of property to agree on the distribution and use of the inherited property. He said the more heirs there were for a particular piece of land, the more challenging it became to get an agreement among the heirs. He stressed the importance for all tribal members to have a will detailing wishes concerning real property, especially tribal land (a service provided free to tribal members through EBCI Legal Aid).
A tribal member expressed concern that not enough staff were available to address tribal members’ needs regarding land processing (some transfers dating back to 2018) and asked if additional contracted staff could be hired as a solution. Cruz said that it is a budgetary issue that needs to be taken before Dinilawigi. Stephens gave a report on outstanding survey requests and noted that not all survey requests are tied to land purchases. He said regarding any immediate need for surveying, that any North Carolina licensed surveyor could do surveys on the Qualla Boundary, and they would be valid. All that is needed is for the surveyor of the landowner’s choice to contact Stephens’ office so that the surveyor has the proper tribal information to do the survey to tribal standards.
A tribal member asked why the Tribe doesn’t have a public-facing, searchable information portal with real estate information like other municipalities provide. Attorney General McConnell responded that the current discussion and plans are to have a public access website portal available as the Tribal Geographic Information System (GIS) works on the digital mapping of tribal lands. Hel said that in all the meetings he attended on the issue, tribal officials expressed an interest in having this type of portal.
The next question considered was “Why is Qualla Enterprises and/or Great Smokies Cannabis Company not paying a lease on the building located at 91 Bingo Loop Road?” Carolyn West, with Qualla Enterprises/Great Smokies Cannabis Company, responded that currently, the entity was paying for repairs and upgrades to the building that would exceed any current lease payment.
Attorney General McConnell addressed the question, “A community member saw a flyer advertised by a side x side company using the marijuana company as ‘Come Get High in the Smokies’. How is the Tribe going to handle outside businesses like this using our dispensary to offer tours on our back roads? How will the code be enforced?”
He said this came to Dinilawigi attention about a month ago. Cody White is preparing legislation for Dinilawigi consideration to address the issue and should have it ready to bring to leadership in the July session.
Attorney General McConnell was then asked, “The White Earth Band of Chippewa in Minnesota just recently passed legislation that allows them to sell cannabis off their reservation. Will we be able to follow suit?”
He responded that we could not do what the White Earth Band did because North Carolina doesn’t currently allow cannabis sales. The state law is different in Minnesota. He said we are hoping that NC law will change, and the tribe actively seeks to make that happen.
Taline Ugvwiyu Ensley took the last question, having to do with increasing participation in community meetings. He said that using the usual channels of community club notifications, announcements during Dinilawigi sessions, and community channels of communications would continue to be used.
Due to time constraints, a question regarding the status of three projects was not addressed. “What is the status of the Fairgrounds, Community Pool, and Bingo.
Secretary Ross responded to the questions concerning the Fairgrounds and Community Pool as follows:
Regarding the status of the Fairgrounds (old Cherokee High School site): “To be clear, the old high school site will be identified as the ‘New Fairgrounds’. Currently, we are in the late stages of an analysis by a consultant. Within that analysis, we are looking to achieve a defining strategy of success for that site centered on vision, scope, operational model, and potential partners – awaiting a presentation next week. Some preliminary information on the project includes that it is scheduled to be an 80,000 square-foot multi-use complex that will accommodate basketball, volleyball, wrestling, pickleball, and conventions, having an 8-court configuration. It will have a 3,000-seat indoor concert venue. There will be space for retail and business, as well as a health and wellness center, sports rehab, and training. The complex will include an outdoor stage and event area, a multi-purpose sports field, permanent food stations, and an area for food truck hook-ups. The site includes a carnival park, a greenspace/splashpad area, walking paths, and a sound garden. The plan includes permanent restroom facilities.
Phase 1 of this project is scheduled to begin in October 2025. Because several site preparation activities need to be done archaeological studies, utilities upgrades, etc., the tribe is looking at a true project start date in FY27.”
Regarding the Ceremonial Grounds: “We will be doing a community outreach exercise to possibly develop a new name (Gathering Place, etc.). We envision the Ceremonial Grounds as just that, a dedicated open-air greenway positioned for the varying community/cultural events. I want to impress upon our community that this space is first and foremost for our people.
“The re-imagining of this space allows the opportunity to celebrate our people’s health and wellness, with walking paths conducive to low-impact exercise. We also have a multitude of picnic areas, in both open and covered spaces. Additionally, we created a generous span of greenspace for our people to casually congregate in the spirit of activity, whether it be stickball, archery, or cornhole.
“The staging area was designed to allow the agility to accommodate smaller, more intimate programming, or to pivot, to serve larger, more expansive events and gatherings.
“A vision comes to mind of a place of honor that holds speaker symposiums, tribal ceremonies, local graduations, weddings, awards events, family celebrations (birthday parties, etc.), and spring/summer/fall/winter “Socials”. Within this space, we have created areas dedicated to our local food truck vendors, there are several small pavilions which create spaces for local craft artisans, and the ability to serve a true open-air market.
“We have incorporated cultural elements in the design of this area, and the visuals are stunning in the day and possibly more so at night.
“Highlighted features include an entry plaza, terraced lawn amphitheater seating 500-600, a stage that will be retractable, a “Great Lawn” that could seat 2000 for larger events, eight picnic pavilions, a picnic area, six to eight food truck access with hook-ups, and a Hall of Honor (Beloved Members).
“The RFP to begin Construction on this site will go out late July 2025, with completion targeted for Spring of 2026.”
Regarding the status of a community pool: “A community pool is not on the current list of capital projects due to several factors. There was a major need for utility upgrades on the Qualla Boundary (ARPA funding was re-allocated towards that), and specifically along the Acquoni Rd.
“A deeper dive into the logistics of that project is important, understanding what constitutes a realistic shelf-life of the final product. Proper oversight is a big factor, and appropriate budgetary consideration for long-term staffing, maintenance, and upkeep are things that must be considered.”
According to the typed agenda, bingo was scheduled to be addressed by Tommy Lambert, Tribal Casino Gaming Enterprise (TCGE). Taline Ugvwiyu Ensley said that the answer to this question would be provided and published soon.