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Local Update:

Biltmore Lake Annexation Trial Update 

Judge Baker issued his preliminary ruling via a letter today.  Biltmore Lake’s counsel, Mr. Justus, informed us Judge Baker ruled in favor of Asheville.  Although disappointing, the ruling was not totally unexpected or surprising.  Early on, you will recall, it was stated a large percentage of the time the Superior Court rules in the municipality’s favor.   

Asheville’s City Attorney will now prepare a document of “finding facts” to be presented to Judge Baker substantiating their arguments.  Judge Baker will use the finding facts document and other evidence to produce his written final judgment.  It is anticipated Judge Baker’s written judgment will be received within a couple of weeks.  

Okay, now what?  Next steps:  

·        Conduct a neighborhood meeting at which Mr. Justus will explain the judge’s ruling and answer resident’s questions

·        File an Appeals Notice within 30 days of the judge’s final written judgment

·        Continue to build the BLCAC Treasury to pay the outstanding trial bills and fund the cost of the appeal

·        Continue to work with the NC Legislators to reform this unjust annexation statute 

As soon as a meeting location, date and time is confirmed, that information will be sent to the Biltmore Lake residents.  Stay tuned.   

Thank you for your help and support as we continue this effort. 

2/22/2010 

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris and Dwayne Wiseman

  

Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex Biltmore Lake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer,

93 Mountain Drive, Biltmore Lake, NC 28715.   For more information, visit

www.stopasheville.com.   Contact us at blcac@stopasheville.com.

 

StopNCAnnexation


SNCA Update February 4, 2010

‘Annexation Law & Reform 2010’ Conference

StopNCAnnexation is holding an educational seminar on North Carolina Annexation Law and the legislative reforms being proposed and recommended. What does 2010 hold?

When: March 5th & 6th

Where: Brier Creek Hampton Inn & Suites - Raleigh, NC (conference room rate - $79.00)

Time:  Friday from 7 to 9 - Reception sponsored by Freedomworks & JLF.
           
Saturday, 9 to 3
- Sessions & Presentations from 9:00 am to 3:00 pm

Conference fee - $25.00 
Saturday buffet lunch included - Hampton Inn Breakfast buffet for early arrivers

Speakers and Presenters:

9: 00 am. The Law and Legal challenges - Jason Kay - NCICL,

10:00 am. Reform and the Bills - Daren Bakst - John Locke Foundation

11:00 Grassroots Activism; Annexation Reform - Kathy Hartkopf - Freedomworks

12 Noon to 1:00 pm - Buffet lunch with Kieran Shanahan - NC Property Rights Coalition.

1:00 pm Tina Hall (County Commissioner) - the role of the County Government.

1:30 pm Doug Arbogast (City Councilperson); City Councilperson the down side for cities

2:00 3:00 pm Panel of State Legislators to speak on the subject of reform of the annexation laws. (Invited-> Senator Shaw, Senator Berger, Rep. Guice and Faison)

Four legislators representing the House and the Senate including representatives from both major political parties sharing their perspectives and views on annexation reform from inside the GA.

3:00 - Closing remarks & adjourn. Catherine Heath - StopNCAnnexation Director

This conference will kick start the conversation in the year ahead about reforming the annexation laws.

The conference has an exceptional line up of speakers and presenters on numerous aspects and views on the NC Annexation Laws and how to reform them. The setting will be the beautiful new Hampton Inn & Suites in Raleigh @ the Brier Creek Complex. Come and learn from some of the States best scholars on the subject, meet and connect with others of like mind, and get ready to for the upcoming legislative session where annexation law reform is likely to be brought back up for continued discussion.

Register here: http://www.stopncannexation.com/SNCA_conference.htm  (Seating limited to 60 people)

I hope you to see you there!

Catherine Heath
Director, StopNCAnnexation

http://www.stopncannexation.com

"If we wish to be free, if we mean to preserve inviolate those inestimable privileges for which we have been so long contending, if we mean not basely to abandon the noble struggle in which we have been so long engaged, and which we have pledged ourselves never to abandon until the glorious object of our contest shall be obtained _ we must fight!"  Patrick Henry

 

                         The Court Report – Day 8  Trial Ends

The Biltmore Lake lawsuit against forced annexation by the City of Asheville moved into the eighth and final day, on Thursday, January 28.  It was great to see many red shirts join us for our last day in court.  

The day started with a continuation of the cross examination of Blake Esselstyn, city planner, by our attorney.  There was considerable dialogue back and forth regarding the use of county tax records for source information, the city’s understanding of various statutes, and the designation of common areas.  After all was said and done it is the city’s contention that they did everything correctly and, if they had to do again, would make no significant changes in their approach.                                                                               

This concluded the City’s presentations and we finally moved to closing arguments.  The biggest issue is the designation by the city of the clubhouse and lake area as commercial property when it really is a common area for the benefit of Biltmore Lake residents.  It is the burden of the petitioner (us) to prove otherwise that it isn’t commercial.  This we feel was done, but the determination regarding the validity of this classification will rest with Judge Baker. 

Our attorney, Mr. Craig Justus, finished the court proceedings with his strong closing arguments.  He did a masterful job of citing the statutes and legal precedents to address each of the city’s arguments.  It’s expected the judge will render his verdict within 30 days.  We’ll announce it as soon as we know how he ruled. 

It is a relief to know the long, tiring, stressful days in Superior Court have ended.  However, we now must prepare our minds for the real probability of an appeal.  The city will not allow the revenue stream associated with Biltmore Lake to so easily slip away -- if we win, they will appeal.  On the other side of the coin, good neighbors, we have come such a long way and spent significant dollars on this lopsided struggle against taxation-without-representation that should the final judgment be against us, we must carry this fight forward via an appeal.

 

Knowing the trial far exceeded our budget (read more expensive then projected) and understanding the need to build our treasury for the cost of an appeal, leads the Steering Group to thank those who have sent in a recent contribution...and, to ask those who have not sent in their 2010 contribution, to please send a check payable to BLCAC, c/o Dieter Buehler, 93 Mountain Drive, Biltmore Lake, NC 28715. 

In addition, it is good to note, the idea of a “Matching Pool” proposed by Mr. Buehler has received some positive response.  But, in order to make this viable, a few more participants will be necessary.  Please contact Dieter with your interest in participating to create this matching fund pool.  

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris and Dwayne Wiseman

 

01/28/2010

 

Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex Biltmore Lake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer, 93 Mountain Drive, Biltmore Lake, NC 28715.   For more information, visit www.stopasheville.com.   Contact us at blcac@stopasheville.com.

 

THE COURT REPORT – DAY 7 

 

The Biltmore Lake lawsuit against the forced annexation by the City of Asheville moved into day seven on Wednesday, January 27.  It was good to see well over a dozen red shirts join us for another day in court.  

First thing this morning, Luther Smith, land planner, finished his testimony.  He summarized the changes in the calculations pointed out by the City of Asheville and provided a good summary of how these errors are immaterial to the case.  In fact, the revised numbers give even better support to the petitioners, the residents of Biltmore Lake.  

Julie Cogburn and Blake Esselstyn, both city planners, took the stand, individually, after Mr. Smith completed his testimony.  They discussed the methodology they used to develop the annexation plans, how they classified lots and tracts, and what the statutes require in terms of meeting the conditions for annexation.  Our attorney challenged some of their work, citing several successful appeals of other annexations, and citing their classifications of similar tracts in other annexations.  Cross-examination of Mr. Esselstyn will continue on Thursday and will be followed by closing arguments of both attorneys.   

Testimony will continue at 9:00 AM on Thursday, January 28, Room 710 of the Buncombe County Court House.  It’s expected that the trial will conclude by noon. 

We thank those who have sent in a recent contribution.   Those who have not sent in your 2010 contribution, please send a check payable to BLCAC, c/o Dieter Buehler, 93 Mountain Drive, Biltmore Lake, NC 28715.   

This trial has far exceeded our budget plan. Your continued support is appreciated and needed.  We have had some response about a “Matching Pool” but we need a few more participants to make this a viable idea.  Please contact Dieter with your interest in participating to create this matching fund pool.  

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris and Dwayne Wiseman

 

01/27/2010

 

Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex Biltmore Lake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer, 93Mountain Drive, Biltmore Lake, NC 28715.   For more information, visit www.stopasheville.com.   Contact us at blcac@stopasheville.com.

 THE COURT REPORT – DAY 6 

The Biltmore Lake lawsuit against the forced annexation by the City of Asheville moved into day six on Tuesday, January 26.  A few red shirts joined us for another day in court. 

First thing this morning, Civil Engineer Will Buie was recalled to explain and then be cross-examined by the city attorney on the water-line-easement across our property from Enka Lake to long-defunct BASF Plant, for fire protection purposes.   It is the City’s contention this easement still exists even though the plant has been long gone, the water storage tank removed, and the line sealed.  Interestingly enough, the City knows better as it was party to agreeing and subsequently providing the remaining Colbond facility with the properly pressurized water thereby allowing the removal of the storage tank and the termination of the water lines from Enka Lake. 

Then Mr. Luther Smith, the land-use consultant, was called back to pick up from yesterday’s testimony.  He reviewed the tract and lot classifications and the calculations which he feels render the City’s annexation unlawful.  The City challenged some of his findings and he will return to the stand on Wednesday. 

Testimony will continue at 9:00 AM on Wednesday, January 27, 7th floor Buncombe County Court House.  The goal is to conclude trial tomorrow; however, in our judgment this is unlikely and we will be back in court again on Thursday.

We thank those who have sent in a recent contribution.   Those of you who have not sent in your 2010 contribution, please send a check payable to BLCAC, c/o Dieter Buehler, 93 Mountain Drive, Biltmore Lake, NC 28715.   

This trial has far exceeded our budget plan. Your continued support is appreciated and needed.  We have had some response about a “Matching Pool” but we need a few more participants to make this a viable idea.  Please contact Dieter with your interest in participating to create this matching fund pool.  

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris and Dwayne Wiseman

 

01/26/2010

 

Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex Biltmore Lake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer, 93Mountain Drive, Biltmore Lake, NC 28715.   For more information, visit www.stopasheville.com.   Contact us at blcac@stopasheville.com. 

 

THE COURT REPORT – Day 5 

Monday, January 25th, started with almost 2 hours of continuing testimony from Linda Brown, Manager of the Buncombe County Real Estate system.  Useful insight was provided on the various property classification of property that they analyze, classify, and appraise (residential, commercial, charitable, home owners associations, and others).  This should be helpful to the judge in evaluating Asheville’s arbitrary assigning commercial status to much of our common area.

Next was Peter Best, an attorney well versed and a specialist in real estate law.  Testimony concerned mainly the definition of common areas, limited common areas, easements, and questioning the city’s methodology on how they came up with their plan.  Again, should be good information for the judge to consider. 

Finally Luther Smith, a professional land use planning consultant commented on NC statutes addressing use of property, commercial standards and designations, and many errors in the city’s annexation plan; testimony will continue tomorrow morning starting at 9 AM, 7th floor Buncombe County Court House.  Tomorrow’s proceedings will conclude at 3 PM and we will hopefully finish trial on Wednesday.

We hope to see a good turnout the next 2 days.  There is a tremendous amount of work that has gone into this effort and you need to see for yourself what all is entailed. 

Keep the support and funds flowing so we can push this “ball down the field.” 

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris and Dwayne Wiseman

 01/25/2010

Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex Biltmore Lake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer, 93Mountain Drive, Biltmore Lake, NC 28715.   For more information, visit www.stopasheville.com.   Contact us at

 

THE COURT REPORT – DAY 4 

The Biltmore Lake lawsuit against the forced annexation by Asheville moved into day four on Friday (January 22).  It was good to see a few red shirts joining us in the courtroom for another day. 

Three witnesses testified on Friday.  Neil Battle (real estate broker for Beverly-Hanks), Carol Keleher (member of the Board of Directors of the Biltmore Lake Homeowners’ Association) and Linda Brown (with Buncombe County Land Records) all testified.  The sales center, Cedar Rock, community events and the classification of property by the County Land Records were discussed.  All the witnesses demonstrated an excellent understanding of their areas of expertise and provided useful insights into the issues at hand.  

At the onset, the trial was projected to last 3 days.  Because the City refused to agree to certain stipulations of fact, our attorney is being compelled to establish and enter into record a significant number of examples of redundant evidence resulting in major time consumption.  That effort plus a considerable amount of City cross examination followed by re-direct are dragging on court time.  Consequently, court again starts at 9:30 AM on Monday, January 1/25/10, in the Criminal Trial Courtroom, 7th floor County Court House. 

We encourage as many of you as possible to join us in the audience.  Our attorney, Mr. Craig Justus, has a good deal of material yet to present and there are witnesses to be called.   At this time, it appears that the trial could run through Tuesday and possibly Wednesday.  Come watch the action.  It may not be glamorous but you will leave the courtroom with an appreciation for the efforts your committee and our attorney have pursued the last two years on the community’s behalf.  Your continued support – both financial and otherwise -- is needed to keep this going. If you haven’t sent in your 2010 contribution, please do so today! 

 

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris and Dwayne Wiseman

 

01/24/2010

 

Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex Biltmore Lake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer, 93Mountain Drive, Biltmore Lake, NC 28715.   For more information, visit www.stopasheville.com.   Contact us at blcac@stopasheville.com.

 

                  THE COURT REPORT – DAY 3

 

Thursday brought more testimony by David Berry, Dawn Carlton, and Karen Lewis regarding many of the social activities of our community including clubhouse utilization, along with some discussion of the trails, budgets, and management of the community.  Although only a few major points were discussed, our attorney did a primary interrogation, the city attorney made a detailed cross-examination, and then at least one re-direct was done by each side for each witness—all of which has resulted in a longer than expected court time.  With only four witnesses testifying so far, this trial did not end today as previously expected.  Court will reconvene tomorrow, Friday, January 22, 2010, at 9:30 a.m. in Room 710 of the County Courthouse.  We hope to see you there wearing red!

 

It is impossible to say how long this trial will last, (estimate is Tuesday) but we do know that expenses are way ahead of the budget plan.  Consequently, there will be a cash shortfall.  We need your financial support immediately!  Please send your $200 contribution (or more) payable to BLCAC for 2010 to:  Dieter Buehler, 93 Mountain Drive, Biltmore Lake, NC 28715.

 

Any resident(s) interested in developing or participating in a contribution match program, please contact Dieter Buehler at 665-7290 or e-mail him at dbuehler@charter.net

 

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris and Dwayne Wiseman

01/21/2010 

Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex Biltmore Lake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer, 93Mountain Drive, Biltmore Lake, NC 28715.   For more information, visit www.stopasheville.com.   Contact us at blcac@stopasheville.com.

 

 

THE COURT REPORT – DAY 2 

The Biltmore Lake lawsuit against the forced annexation by Asheville moved into day two on Wednesday (Jan 20).  It was pleasing to again see good community participation with neighbors wearing red shirts demonstrating opposition to annexation. 

The majority of the day was consumed by testimony and cross examination of civil engineer Mr. Will Buie who was instrumental in the permit approval process, layout and oversight of the Biltmore Lake master plan and the community infrastructure construction – roads, utilities, hiking trail system, etc.  Mr. Buie demonstrated his wide-ranging, solid understanding of the over-all process as well as a measured and unflappable ability to answer questions.  Mr. Buie did an excellent job.    

Court starts at 9:30 AM tomorrow – Thursday 1/21/10.  We encourage as many of you as possible to join us in the audience – Courtroom 710 in the County House.   Our attorney, Mr. Craig Justus, has a tremendous amount of material yet to present and there are numerous witnesses to be called.   Come watch the action.  You will also witness the near-overwhelming amount of effort and detail that goes into this process.  Our hard-earned dollars are being utilized well.  You will leave the courtroom with an appreciation for the efforts your committee and our attorney has pursued the last two years on the community’s behalf.  Your continued interest and support is needed to keep this going. 

 

THE COURT REPORT – DAY 1

 

The Biltmore Lake lawsuit against the forced annexation of our community by Asheville kicked off this afternoon (Jan 19).  We had good community participation with many red shirts in the courtroom – and support outside the building earlier in the day with citizens from areas adjacent to Tryon and Woodfin.  Obviously forced annexation is not just a narrow Asheville issue -- thousands of NC citizens all over the state are affected.

We are off to a great start in the opinion of the Steering Committee members and other residents in attendance.   There is, however, much ground to be covered in the next couple days – but we are off to good start. 

Court starts at 9:30 AM tomorrow and we encourage as many of you as possible to join us in the audience – Courtroom 710 in the County House.  Our legal team has prepared copious amounts of exhibits and information on how Asheville has been neglecting in their responsibility to approach forced annexation of adjacent communities.  At best, Asheville has a “cavalier” attitude to this issue.  It is a great chance to see how the system works, and the recourse that private citizens have against the government’s continual trampling of our rights.   

You will also witness the amount of effort and detail that goes into this process, and how our dollars are being utilized.  It will give all an appreciation for the efforts your committee has pursued the last two years for the community’s behalf.  Your continued interest and support are needed to keep this going. 

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris and Dwayne Wiseman 

*      *      *      *      *      * 

Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex Biltmore Lake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer, 93Mountain Drive, Biltmore Lake, NC 28715.   For more information, visit www.stopasheville.com.   Contact us at blcac@stopasheville.com.

 

 

Updated 1/17/2010 

Protest Planned at Biltmore Lake Annexation Trial

 We are forwarding the following announcement from Betty Jackson of StopWoodfin.org.   Her group is fighting the forced annexation of her neighborhood by Woodfin.  She and her group will be showing us support by staging a protest at the beginning of our trial.  If you’d like to join her, please do.  Details are shown below.  In any case, we hope to see you either in the streets or in the courtroom (or both) next week. 

 On Tuesday, January 19, 2010, at 2:00 PM, freedom and democracy go to court to fight the atrocity of forced annexation.  That citizens of the United States would have to battle local government in a court of law for justice is certainly shameful, and is an effort that we can and should support. 

The City of Asheville has been aggressively using the club of bad law in an attempt to forcibly annex the Biltmore Lake Community.  And the community has been fighting back!  When Asheville would not back down, BLC hired a lawyer and their day in court is fast approaching. 

In an effort to support not only the Biltmore Lake Community, but all communities across North Carolina who are combating forced annexation, Betty Jackson and StopWoodfin.org are staging a protest to coincide with the opening day of the trial.  Please join in – all opponents of forced annexation are invited! 

Details:

Date:  Tuesday, January 19, 2010

Time:  2:00 – 5:00 PM

Place:  In front of the Buncombe County Courthouse

What to Bring:  A homemade sign (suggestions below)

Literature will be available for handouts.

The weather forecast is for 47 degrees and partly cloudy skies, which sounds good!  (Comparatively speaking, that is!)

Contact Info:  Betty Jackson, bettyjackson@charter.net, 259-9160

SIGN SUGGESTIONS, no profanity, please!

 

Forced Annexation is Undemocratic

Forced Annexation is Barbaric

Forced Annexation in an Outrage

Forced Annexation Violates Life, Liberty & Property

Forced Annexation is a Stain on NC’s Liberty

Forced Annexation Tramples Civil Rights

NO Forced Annexation

Reform Annexation Law NOW

We Need Annexation Law Reform

Make Voluntary Annexation the ONLY Annexation Law

Forced Annexation is a Bailout for Cities in Debt

Forced Annexation is All About the Money – More for Government, Less for the People

Forced Annexation Promotes Unsound Civic Development

 

www.StopWoodfin.org 

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris and Dwayne Wiseman

Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex Biltmore Lake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer, 93Mountain Drive, Biltmore Lake, NC 28715.   For more information, visit www.stopasheville.com.   Contact us at blcac@stopasheville.

 

 

Biltmore Lake Annexation Update 

Biltmore Lake’s lawsuit against Asheville’s FORCED ANNEXATION

is scheduled to begin trial at 2:00 PM on Tuesday, January 19, 2010, in the Buncombe County Court House downtown Asheville. 

The court room is located on the 7th floor and will hold approximately 200 spectators. It would be good to fill as many of those seats as possible as a large showing will help demonstrate to the judge our community spirit and resolve to fight this injustice.   Even if you cannot attend every day of the trial, a partial-day attendance would be helpful. One might find Wednesday the 20th to be a really good day to attend.  Nevertheless, our attorney, Mr. Craig Justus, encourages those who attend to wear something bright – our well-recognized signature RED SHIRT is recommended. 

Our attorney is very encouraged by the excellent work the land-use consultant has done.  His testimony, in addition to the evidence the other witnesses will present, should be compelling.  Although the attorney is confident we have a strong case, the judge’s decision will, of course, determine if that is so. 

Win or lose in Superior Court, you will recall, we will be forced into an appeal.  Clearly the 2010 Asheville city-budget-deficit virtually assures the city will not let this forced annexation die.  Consequently, the BLCAC will need to call upon everyone to help secure the funds necessary to continue this fight...more about that later. 

Good neighbors count on one another to help. 

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris and Dwayne Wiseman

 Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex Biltmore Lake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer, 93Mountain Drive, Biltmore Lake, NC 28715.   For more information, visit www.stopasheville.com.   Contact us at blcac@stopasheville.com.

 

11/10/2009

A brief, forced-annexation status update is scheduled following the Annual Homeowners’ Meeting on Monday evening, November 16, 2009.

 Superior Court trial date scheduled for week of 01/18/2010

If you have not had the opportunity to do so, you may wish to click on this link to view the names of the Biltmore Lake residents who have helped build the legal fund. The contributors list can be viewed at http://www.stopasheville.com/contibutors.htm.  

Thank you very much for your support.           

Good neighbors count on one another to help.

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris and Dwayne Wiseman 

Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex Biltmore Lake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer, 93Mountain Drive, Biltmore Lake, NC 28715.   For more information, visit www.stopasheville.com.   Contact us at blcac@stopasheville.com.

 

Updated 10/05/09

Biltmore Lake Annexation Update 

Trial delayed until January 19, 2010 

            Because of a scheduling conflict for one of the City’s attorneys, this morning it was learned the Biltmore Lake annexation challenge has been postponed until Tuesday, January 19, 2010.  Our attorney, Mr. Craig Justus, was fully prepared to go to trial so, all trial materials will be “shelved” until the January date.  Other than revisiting with witnesses prior to trial, we should be good to go at that time.   

             It is important to point out that it will have been two full years now since the Biltmore Lake community would have been annexed had we not filed a petition.  The result of the challenge is two years of not having to pay city property taxes and avoiding a host of City Ordinances.  Therefore, it is absolutely true those neighbors who helped finance the legal fund have realized a very favorable return on their investment.   Thanks to all of you for your support.     

Good neighbors count on one another to help.

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris and Dwayne Wiseman 

Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex Biltmore Lake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer, 93Mountain Drive, Biltmore Lake, NC 28715.   For more information, visit www.stopasheville.com.   Contact us at blcac@stopasheville.com.

 

Biltmore Lake Annexation Update

 

·         Matching Funds Challenge Goal Met

·         Special Thanks to all who contributed

·         Court Date confirmed for week of 10/12/09 

        MANY Biltmore Lake neighbors recognized the outstanding benefit presented by the matching donation challenge and stepped forward to meet the challenge.  We were successful.  We actually exceeded the $8000 goal necessary to meet the eligibility to receive the $4000 matching donation.  As a result, the BLCAC Treasurer is now positioned to pay court costs and we are ready to move forward and win this battle.   

        AS thanks to those neighbors who helped make it possible to solidify our ability to go to court, their names will be added to the ‘Contributors’ list at http://www.stopasheville.com/contibutors.htm. Thanks to all of you and a special THANK YOU to our anonymous donor! 

        THE court date for the Biltmore Lake annexation challenge is tentatively scheduled for the week of October 12, 2009.  Arguments will be heard by Superior Court Judge Downs in courtroom 710 at the County Court House in downtown Asheville.  As we approach the date, we’ll notify you of the exact starting date.  Those residents interested in attending the proceedings are welcome to attend.   

Good neighbors count on one another to help. 

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris and Dwayne Wiseman 

Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex Biltmore Lake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer, 93Mountain Drive, Biltmore Lake, NC 28715.   For more information, visit www.stopasheville.com.   Contact us at blcac@stopasheville.com.

Updated 9/19/09

Biltmore Lake Annexation Update 

The October 1, 2009, deadline for the legal fund matching contribution challenge is rapidly approaching.

 

It’s encouraging to report many Biltmore Lake neighbors have recognized this outstanding benefit and have already contributed.  Nevertheless, it is important to realize we will be leaving money on the table if we are not successful raising the challenge goal of $8000.  Providing we raise $8000, the $4000 matching donation represents a tremendous opportunity to boost the legal fund to our $12000 goal. 

You have been meaning to write that check but just haven’t gotten around to it.  Take the time to do it now.  To be eligible for matching funds, contributions of $200 or more must be received by

October 1, 2009.

You don’t want to miss the deadline. 

Please think about this.  We all moved here to enjoy the “country” atmosphere with the great amenities like the private lake, hiking trails, children’s playgrounds, the clubhouse with its ‘park like setting’ and the friendly neighborhoods.  We don’t want the added burden of city taxes and the many city ordinances ‘regulating’ how we must live. To prevent the loss of our wonderful community atmosphere, we must continue to oppose forced annexation.  To do that, we have to be able to pay the court costs necessary to present our case.  Therefore, let’s not let this tremendous opportunity to build the legal fund slip away. 

For those of you who would like answers to your questions about how annexation will affect your life and your pocketbook, we are hosting an informational meeting on Tuesday, September 22, 2009, at 7:00 p.m. at the clubhouse.     

Good neighbors count on one another to help.

 

Please make your check payable to BLCAC Legal Fund. Send it to Mr. Dieter Buehler, Treasurer, at 93 Mountain Drive, Biltmore Lake 28715. 

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris and Dwayne Wiseman 

Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex Biltmore Lake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer, 93Mountain Drive, Biltmore Lake, NC 28715.   For more information, visit http://www.stopasheville.com/.   Contact us at blcac@stopasheville.com.

Updated 8/27/09

Biltmore Lake Annexation News 

Here’s some great news – followed by an update on our battle against annexation.

A Cedar Rock resident has offered this exciting challenge to help raise the $12,000 that we need for legal expenses.  For every dollar that other residents contribute (up to a maximum of $8000), our anonymous donor will add 50 cents.  That means if we can raise $8000, a matching contribution of $4000 will be available. 

The stipulations are these:  Each contribution must be $200 or more and must be received between August 27, 2009 and October 01, 2009.  

This is the best news we’ve had in a long time.  Now the Biltmore Lake community must rise to meet the challenge!  Please talk it up with your neighbors and encourage everyone to help. 

Make your checks payable to BLCAC Legal Fund and send them to Dieter Buehler, Treasurer, 93 Mountain Dr., Biltmore Lake, NC 28715.

 

********************* 

Litigation Update

 

Although there is no-sure-thing when it comes to winning a lawsuit, after long hours of discovery and depositions taken, our attorney is pleased he and the land-use consultant have built a solid case.  That belief, of course, will have to be confirmed in court.   

Bottom line, we have reached a critical decision point.  We all have enjoyed nearly two years without the added burden of Asheville city property taxes, new restrictive city ordinances and other fees that would have become part of our lives without the efforts of everyone to date.  Now, going to trial, we need to be comfortable that we have enough money in our treasury to pay the bills.  After projecting the fees associated with trial, we are short approximately $12,000.  If we win in Superior Court, the City will appeal and if the City wins, we should appeal.  Either way, the next court date could be a year away – and that means real savings for our residents.

We all have saved thousands of dollars already, so we know our previous contributions have paid dividends.  Now we need you to step up to the plate once again – but this time with help from a matching contribution. 

To bring you up to date, I’ve appended a bullet-point summary of where we stand.  Please contact me (670-1765) to discuss any aspect of our annexation effort.  I will be glad to answer your questions.  And please send your check before October 1, 2009.

 Thanks for your help,

Jerry Jensen 

Lawsuit status 

·        solid case with trial date set for 10/05/09

·        it’s possible, however, we may not get to trial on this date if jury trial precedes ours – a timing issue with the court

·        our attorney will call 8-9 witnesses

·        there is an option: we could attempt to settle before going to trial

·        although we have a good case, we may lose at Superior Court which generally favors municipalities

·         win or lose in Superior Court, appeal necessary.

·        Asheville’s win record is only 50% at Appeals Court level.  And, because no discovery is required, our costs will be reduced. 

Collection efforts to date

Legal fund status – collected and shortfall

·        $99K collected to date

·        $78K paid out – attorney fees, paralegal fees, land-use consultants, deposition recording, etc.

·        Forecasted trial budget $33K – witness fees, attorney fees, misc. court costs

·        Shortfall $12K – must raise this amount to go to trial

This summer resident-volunteers canvassed door-to-door to raise funds – good effort which raised nearly $10K.  Volunteers are calling upon Petition Signers for a 2nd $200 contribution

·        160 households signed petition in Oct 2007

·        40 have not yet contributed a 2nd $200

·        Some residents refuse to give anything – a host of reasons, e.g., want to be annexed, disagree with fighting since we’ll lose anyway, work for developer, live outside annexation boundary, lost job, other financial problems, other issues 

Legislative efforts and annexation reform status

·        HB 524 (a terrible piece of legislation) passed House but Senate leadership let it die – sets stage for next year’s session

·        Recent legislation efforts have no bearing on Biltmore Lake annexation fight – nothing in present bills call for retro status or a “hold” on litigation; therefore our petition and other annexation fights continue 

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris and Dwayne Wiseman 

Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex Biltmore Lake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer, 93Mountain Drive, Biltmore Lake, NC 28715.   For more information, visit http://www.stopasheville.com/.   Contact us at blcac@stopasheville.com.

 

Updated 7/14/09

BILTMORE LAKE ANNEXATION UPDATE

 

It’s going down-to-the-wire in the House of Representatives.  This week we should learn if our elected representatives will “vote” to enact positive changes to the annexation statutes.  [Think about this.  Isn’t it ironic that citizens vote to elect representatives to govern; those representatives vote to decide if we should be ‘allowed to vote’ on forced annexation; and yet non-elected power brokers, i.e., League of Municipalities, have such control they drive the votes of many representatives.] This arrangement is wrong and needs to change.  North Carolina voters will soon see who represents the people and who aligns with the League.  

Below is an update from the Fair Annexation Coalition.  Please read the letter FreedomWorks has delivered to each representative.  It goes to the heart of the problem with House Bill 524 and calls for honest, positive reform instead.   

******************

Ladies and Gentlemen:

This week will be another "interesting" week as we watch the House Appropriations Committee work on HB 524. The potential outcomes are too many to list completely, but include the bill dying in Committee, being sent to the floor of the House with the fiscal note attached, and/or being amended. Amendments could be positive or negative.

FreedomWorks is hand delivering today to every Representative a detailed letter, signed by 25 different groups, stating that amendments are required before any of those groups can support this bill.

All FAC member organizations agreed with the letter's substance and are listed as such.

It is obvious to me, that to date, the leadership in the General Assembly has continued to believe that a "bone" will do for annexation reform. They continue to listen, for some reason unknown to me, to the League of Municipalities, and they just will not hear our demands for a vote. They seem to believe that they know better what is good for you than you do.

A vote would solve all their problems and would provide oversight, ensure meaningful services and would mean peace with this part of the populace, at least.

No vote means none of those things happen. And lets face it, the vote procedure currently in this bill, if not amended to eliminate the 15% petition requirement for the municipality, is, in essence, no vote.

I request that those of you that can, please stay flexible this week and be responsive to a fluid situation as things develop in Committee and in the House.

Sincerely,

Doug Aitken
Fair Annexation Coalition

*****************

Once the results of the House actions are known, we will provide an update. 

Thank you for your continued support and stay the course! 

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris and Dwayne Wiseman

 

Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex Biltmore Lake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer, 93Mountain Drive, Biltmore Lake, NC 28715.   For more information, visit http://www.stopasheville.com/.   Contact us at blcac@stopasheville.com.


Updated 7/5/09

Biltmore Lake Annexation Update

Below is an excellent report of what happened (or didn't happen) regarding annexation reform at the House Finance Committee meeting on Thursday July 2, 2009.   

One might conclude if these "representatives" had been part of the original leaders of our great republic, we might not be celebrating our wonderful July 4th American Independence Day today.  

If after reading this report you find yourself disgusted and dissatisfied with the entire gang supposedly representing the North Carolina taxpayers, you are urged to use this handy contact system to send-your-message-of "concern" to ALL HOUSE REPRESENTATIVES.  To do so is easy, simple and requires little time.  Simply click on this link http://www.ncreform.org/contact/contact.htm, scroll down to the title Representatives and craft your message.  Sign your email and send it.   

Your message is important and below is some of what you will want to say: 

Express your feelings, in a civil way, about this limiting of the debate (see below). Urge them to support a movement of this bill back to Committee to change the title to one which allows for free and open debate. (Titles can only be changed in a Committee, not on the floor unless a super-majority (2/3rds) agree to suspend the rules...not likely to happen on its own.) 

As we experience another wonderful July 4th holiday, remember those who fought to make it so!

 *********************************


Folks, here is an expanded report on the House Finance Committee meeting held Thursday in Raleigh

 Warning:  this is a lengthy report.   

Please read it carefully so you can get a full idea of what REALLY happened in this meeting.

This Committee is made up of 17  Democrats and 13 Republicans. Rep Pryor Gibson chaired the meeting, and I thought did a good job of running it. The way he voted on critical amendments is a different matter. 

Room 544 was jammed with red shirts. It was really, really impressive to see. My thanks to all who took time from their busy lives to go and witness for themselves what is happening in our Legislature. 

Now for amendment by amendment (there were 20 total, and the listing below, while not sequential is the way they were discussed in Committee): 

# 81: added that weak definition of "meaningful services" to the small city statute as well as the large city statute: PASSED by voice vote. 

#79: Allows the Local Government Commission (LGC) to charge a "reasonable" fee for the required fiscal review. PASSED by voice vote.

#78: Stipulates that the professional staff and not the LGC Board will make the fiscal feasibility recommendation on the proposed annexation. PASSED by voice vote. 

#80: Clarifies how to determine if neighborhood meets poverty threshold requirements for the new 75% petition requirement for voluntary annexations. PASSED by voice vote. 

#67: Rep Hugh Holliman's "VOTE" amendment. A great deal of debate on this amendment.  

In sum, this is a bad way to introduce a "vote" to the law. WHY? 

1. To get to a vote, there is first a "trigger" petition, which requires 15% signatures of the total of registered voters in the city and the proposed annexed area. The time allowed for this petition drive to occur can be as short as 69 days or as high as 99 days. Let's take Raleigh as an example, which has 251,654 registered voters.  This means that someone would have to get 38,198 signatures from the city alone, not counting the annexed area!  As a smaller city example: if Goldsboro has 25,000 registered voters, then the petition would require 3,750 on the petition from the city alone. Thanks for Daren Bakst for these examples. 

2. But all that work only allows for the vote to take place. I am having a hard time coming up with a valid scenario where the annexed area could generate enough votes to actually offset the larger population of the city.  

Thus, this vote amendment answers the question, "When is a vote not a vote?" 

Debate was spirited, and here is the way the tally on this amendment turned out: 

FOR: Blackwood, Blust, Braxton, Faison, Folwell, Holliman, Howard, Jones, Lewis, McComas, McCormick, Rhyne, Setzer, Starnes,  Stamm, Tillis. (All Republicans plus Democrats Braxton, Faison, Holliman, Jones) 

AGAINST: Alexander, Carney, Cotham, Hall, Hughes, Hill, Owens, Ross, Leubke, Gibson, Wainwright, Weiss. 

McGee (R) and Womble (D) were not present for this vote. 

Thus, #67 PASSED 16-12 on a roll call count. This is a tough one to analyze, unlike the ones which follow. Let's just say there was a lot of political maneuvering going on with this vote, and I would not put a lot of weight on how these votes were counted. 

#75: Attempted to place "reasonableness" into the annexation process by increasing the oversight of the LGC before an annexation is effective. FAILED by a hand count, 10-16 (no names and votes possible, though we do have it on video.) 

#73: An attempt to increase the number of persons per acre from 2.3 to 3.0 for the density standard. FAILED by a hand count, 12-16.

 #74: A key amendment which would have meant that an annexed citizen would have only been responsible for tap fees for water and sewer, with the city paying for the infrastructure to the property. FAILED by hand count, 13-14. 

#77: Another key amendment. In Judiciary II last week, Rep Hurley's proposed an amendment to codify the NC Supreme Court case, Nolan v Marvin, wherein the Court ruled there must be a "meaningful benefit" to the annexed citizen. Judiciary II changed her  amendment so that it now codifies Nolan v Weddington, which says the municipality only has to offer one municipal service.  Amendment 77 was an effort to again codify Nolan v Marvin in the appeals section of the law. FAILED by hand count, 13-14. 

#78: To include the County Commissioners as oversight, and withdrawn as a result of #67 passing earlier. 

#71: This may be the most important amendment heard all day. Its sponsor, Rep Rhyne, explained how this simple amendment would move the title back from its current, two page, non-amendable-on-the-House-floor title, back to its simple original one. This legislative tactic to stifle debate on the floor of the House, meaning NO change to the bill that would conflict with the tightly written title, did not go over well with the citizens nor with those Representatives who stood up for democracy. 

There were some heated exchanges back and forth between some Democrats and Republicans. Rep Starnes wrapped up the discussion by saying he had chaired the previous Joint Annexation Commission in 1998, and the bill that came out of that Commission had a short title and passed both chambers of the General Assembly. He concluded: 

 "This present title is the longest, most egregious title I have ever seen, and it shows a lack of trust in the process." 

A roll call vote followed: 

FOR: Blackwood, Blust, Faison, Folwell, Howard, Lewis, McComas, McCormick, Rhyne, Setzer, Starnes, Stamm, Tillils. (13 Republicans and one Democrat--Faison.) 

AGAINST: Alexander, Braxton, Carney, Cotham, Hall, Hughes, Hill, Holliman, Jones, Owens, Ross, Leubke, Gibson, Wainwright, Weiss. (15 Democrats.) 

No present for this vote:  McGee(R), Womble (D) 

It was at this point that the red shirts, realizing the lack of respect they and the democratic process had just been shown, walked out. 

I urge each of you to write each member of the House Democratic caucus and express your feelings, in a civil way, about this limiting of the debate. Urge them to support a movement of this bill back to Committee to change the title to one which allows for free and open debate (titles can only be changed in a Committee, not on the floor unless a super-majority (2/3rds) agree to suspend the rules...not likely to happen on its own.) 

It was reported to me that, subsequent to our departure,  

#72: An amendment for the municipality to show a "higher level of service" for the annexed area than they had previously. FAILED by hand vote, 13-14. 

The Committee adjourned and after its full House session was concluded, resumed with two amendments remaining: 

# 76: County Commissioner approval of annexations in its County when city crosses into another county. FAILED (12-15) 

#82: An amendment to require joint planning the provision of water, sewer, and solid waste services prior to an involuntary annexation. WITHDRAWN.

#84: Assigns general oversight (not fiscal) to a standing committee of the General Assembly FAILED (12-15)
 

Then the Committee voted on moving the amended bill to the floor of the House. Kelli Kukura, Chief Lobbyist spoke against the bill, and, I am told slammed the lack of citizens present (after we had walked out.) Larry Brown and Tony Tetterton spoke also, and Tony actually told the Democrats they should be ashamed. 

And this is my final point: to take an issue as important to so many citizens -- citizens who are rich, or poor, or black or white or Hispanic, who are Democrats, Independents, Republicans or Libertarians -- to take this critical issue, and make it a partisan issue is a travesty.  

That is the best word I can think of for what we have observed these past two weeks -- a travesty. The citizens of North Carolina are not being well served by an elected body that engages is such activity. 

We deserve better. 

We demand better. 

And we do have some ways to go yet before this bill becomes law. We sincerely hope that the changes needed to garner citizen support will happen in the remaining process. If those changes do not occur, we will urge defeat of this measure and start our plans for 2010. 

I said this was gonna be long, but I felt it essential that each of you have a clear understanding not only of this bill, but of what is happening in your elected body. 

I hope that each of you will take a moment  today, the 4th, to  thank those who have in the past, or who are currently, giving of themselves to keep us free.  

Sincerely, 

Doug Aitken   FAC

*********************************************

 Thank you for your continued support.  

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris and Dwayne Wiseman

 

Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex Biltmore Lake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer, 93Mountain Drive, Biltmore Lake, NC 28715.   For more information, visit http://www.stopasheville.com/.   Contact us at blcac@stopasheville.com.

Updated 7/2/09

                                                                              Biltmore Lake Annexation Update

The House Judiciary II Committee handed the League of Municipalities a victory last week.  In a near partisan split the J2 Committee’s 10 Democrats voted against annexation reform and the 7 Republicans voted for true annexation reform.   

Ironically, annexation reform is not a partisan issue.  It doesn’t make a difference it you are Democrat, Republican, Black, White, Latino, Oriental, Indian, male, female, young or old, forced annexation affects everyone.  How this vote boiled down to we-verses-they is unfortunate but the League of Municipalities came out triumphant.  The Legislative leadership stood pat with the “hired guns” for towns and cities against the citizen’s voice in the annexation process.     

All is not lost.  The “League’s annexation bill”, H524 was passed to the House Finance Committee and they will be revisiting this proposed legislation on Thursday, July 02, 2009.    

Below is an excellent FAC Update that provides a wealth of information and a request for help.  If you do nothing but read the update, click on the links as well as watch the video of Kinston, NC you will come away with a much more profound understanding of the struggle for annexation reform But, what you should do IMMEDIATELY is send your personal email to the members of the Finance Committee.  They have the ability to amend H524 so that it would provide annexation reform.  I strongly urge you to send your message to both the Democrats and Republicans.  You can do that by using the Democrats HERE and then Republicans HERE linked capability below.   

The League is dead-set against any amendments and has sent an urgent message to all towns and cities encouraging them to go to the meeting in Raleigh, to call the Finance Committee representatives and to email them telling them the ‘ability for municipalities to annex will be lost if they don’t act to hold the line of annexation reform’.  Please don’t let the League rule-the-day in the Finance Committee too.  Send you email of support for annexation reform to the Finance Committee NOW.

**********************************

Fair Annexation Coalition Update

The House Finance Committee has announced that it is going to meet and consider HB 524 at 8:30 A.M. Thursday, July 2, 2009 in Room 544 of the Legislative Office Building (LOB).

Please make every effort to be there. We have a long process to go through to end up with annexation reform, and this is another of those steps, but it will be one of the most important. The League has sent out a warning that there may be a vote amendment presented which will mean the end of annexations in North Carolina. This absurd warning is an effort to scare their folks to jam that room. We must remind all members of this committee that, even according to League representatives, 57% by population of all annexations from 2000-2005 were
VOLUNTARY. In other words these people ELECTED to join a city.

Well, we are not scared. We are just angry. Please make every effort to show up and be civil. Yea, I know, that seems to do us no good, but by God, we should not be a mob. We are passionate, articulate and we know more about this law than most of the folks voting on it, but we owe it to ourselves to be civil.

So, please try to attend this important meeting.

And Senate Sub-Committee meetings continued on Monday. Another informal meeting scheduled for next Monday. This sub committee is run by Senator Clodfelter.

Three links to tell you about and then I am outta here.

Here is Rep Jones and his now famous "Democracy is chaotic enough." comment,

and Rep Bordsen's comment of how it is unfair for city citizens to pay for water and sewer infrastructure for the annexed area.

The folks at Kinston have professionally produced a great 30 min video on annexation.  That will bring up Part 1 and you can continue to Part 2 and Part 3 from there.

And our own Keith Bost from Davidson County has sent along this video. Thanks Keith --- he has plans for more.

Finally, please view/distribute this PDF that explains WHY we are angry about the 'reform' process so far.

Enjoy and sure hope to see you on Thursday, bright and early.

Doug Aitken
FAC

 

House Finance Committee (Email all Democrats HERE) (Email all Republicans HERE)

 

Senior Chair:

Luebke

919-733-7663

Paul.Luebke@ncleg.net

Chairmen:

Gibson

919-715-3007

Pryor.Gibson@ncleg.net

 

Wainwright

919-733-5995

William.Wainwright@ncleg.net

 

Weiss

919-715-3010

Jennifer.Weiss@ncleg.net

Vice Chairs:

Hill

919-733-5830

Dewey.Hill@ncleg.net

 

Holliman

919-715-0873

Hugh.Holliman@ncleg.net

 

Howard

919-733-5904

Julia.Howard@ncleg.net

 

McComas

919-733-5786

Danny.McComas@ncleg.net

 

Womble

919-733-5777

Larry.Womble@ncleg.net

Members:

K. Alexander

919-733-5778

Kelly.Alexander@ncleg.net

 

Blackwood

919-733-2406

Curtis.Blackwood@ncleg.net

 

Blust

919-733-5781

John.Blust@ncleg.net

 

Braxton

919-715-3017

Van.Braxton@ncleg.net

 

Carney

919-733-5827

Becky.Carney@ncleg.net

 

Cotham

919-715-0706

Tricia.Cotham@ncleg.net

 

Faison

919-733-5749

Bill.Faison@ncleg.net

 

Folwell

919-733-5787

Dale.Folwell@ncleg.net

 

Hall

919-733-5872

Larry.Hall@ncleg.net

 

Hughes

919-733-5754

Sandra.Hughes@ncleg.net

 

Jones

919-733-5825

Earl.Jones@ncleg.net

 

Lewis

919-715-3015

David.Lewis@ncleg.net

 

McCormick

919-733-5654

Darrel.McCormick@ncleg.net

 

McGee

919-733-5747

William.McGee@ncleg.net

 Thank you for your continued support.  

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris and Dwayne Wiseman 

*      *      *      *      *      * 

Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex Biltmore Lake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer, 93Mountain Drive, Biltmore Lake, NC 28715.   For more information, visit http://www.stopasheville.com/.   Contact us at blcac@stopasheville.com.

 

Updated 6/18/09

  This is a urgent call to action!!

A last minute surprise today in Judiciary II.

House Bill 645 was added to the agenda and it DOMINATED the discussion!! 

YOU did that!! All of you who have called, emailed and written to these legislators are getting through to them.

This has brought the discussion of annexation reform in the House to a critical moment that needs an immediate response from everyone. 

The League of Municipalities is worried! Ellis Hankins was at the meeting and he brought Rep. Lucy Allen and another Representative to spout the old tired rhetoric they keep dragging out.

Lucy Allen claimed that all the people who have been speaking out only represent a small number of “bad apple” cities.

But it looks like the legislators are listening to YOU!! 

The Judiciary II members were given instructions to “do their homework” tonight and submit amendments to House Bill 524 for the Committee Substitute by early tomorrow morning.

After all the positive discussion today about H645, the legislators need to hear from hundreds of people or more tonight and early tomorrow.  

Tell them that the best amendment to H524 is to replace it with H645!

Trying to amend H524 is putting lipstick on a pig!! 

Tell them you want reform that fixes these three problems with the current law:

 - A VOTE!

 - Services that aren’t needed aren’t meaningful and the law should not allow it.

 - Cities need COUNTY oversight when they initiate annexation of an area that didn’t ask for annexation.  

Your calls and emails need to flood the members as early as possible Wednesday!

THIS IS A CRITICAL MOMENT FOR ANNEXATION REFORM. 

Member

Phone

Email

Rep. Glazier

919-733-5601

mailto:Rick.Glazier@ncleg.net

Rep. Love

919-715-3026

mailto:Jimmy.Love@ncleg.net?subject=Annexation%20Reform%20-%20H645

Rep. Weiss

919-715-3010

mailto:Jennifer.Weiss@ncleg.net?subject=Annexation%20Reform%20-%20H645

Rep. Blackwell

919-733-5805

mailto:Hugh.Blackwell@ncleg.net?subject=Annexation%20Reform%20-%20H645

Rep. Bordsen

919-733-5820

Alice.Bordsen@ncleg.net

Rep. Burr

919-733-5908

mailto:Justin.Burr@ncleg.net?subject=Annexation%20Reform%20-%20H645

Rep. Crawford

919-733-5824

mailto:Jim.Crawford@ncleg.net?subject=Annexation%20Reform%20-%20H645

Rep. Folwell

919-733-5787

mailto:Dale.Folwell@ncleg.net?subject=Annexation%20Reform%20-%20H645

Rep. Hurley

919-733-5865

mailto:Pat.Hurley@ncleg.net?subject=Annexation%20Reform%20-%20H645

Rep. Jackson

919-733-5974

mailto:Darren.Jackson@ncleg.net?subject=Annexation%20Reform%20-%20H645

Rep. Johnson

919-733-5861

mailto:Linda.Johnson2@ncleg.net?subject=Annexation%20Reform%20-%20H645

Rep. Jones

919-733-5825

mailto:Earl.Jones@ncleg.net?subject=Annexation%20Reform%20-%20H645

Rep. Moore

919-733-4838

mailto:Tim.Moore@ncleg.net?subject=Annexation%20Reform%20-%20H645

Rep. Parmon

919-733-5829

mailto:Earline.Parmon@ncleg.net?subject=Annexation%20Reform%20-%20H645

Rep. Rhyne

919-733-5782

mailto:Johnathan.Rhyne@ncleg.net?subject=Annexation%20Reform%20-%20H645

Rep. Spear

919-715-3029

mailto:Tim.Spear@ncleg.net?subject=Annexation%20Reform%20-%20H645

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Email Bruce Goforth and let him know that nothing less than H645 will do!! 

Bruce.Goforth@ncleg.net

Catherine Heath

StopNCAnnexation Coalition

http://www.stopncannexation.com

Below is an e-mail from Doug Aiken - Fair Annexation Coalition

Folks, we have been snookered.  

I mean really, really snookered. 

This "Proposed Committee Substitute (PCS) bill we got late this afternoon is worse than the HB 524 which was discussed Tuesday. 

I read through the bill once and could not find one item from HB 645.  

Yes, they do define "meaningful services" but they define it as: 

"Meaningful service shall mean any one of the following: Police protection, Fire protection, Solid waste collection services, Street maintenance, Water service, and Sewer service." 

Please note that this definition is further defined in the "Authority to Annex" and "Prerequisites for Annexation" sections. Here it says the city must provide TWO of the above "meaningful services" but the bill clarifies that you can have a contract for fire protection and solid waste, and that one extra officer of extra patrols would be sufficient of police protection. 

This basically codifies the second Nolan case where the NC Court of Appeals held that contracting with the sheriff for some patrol coverage was sufficient.  

Egads, this bill will give the League a better bill for annexations, not the citizens. 

Some of the few good provisions in HB 524 have been changed for the worse. The section on not splitting sub divisions is written so as to give the municipality the continued right to annex portions of a sub division.  

Want to request "expedited water and sewer"? Go ahead, but when you sign the request form you have a binding contract to go ahead with the installation. Oh, did I say that you will be requesting that form and signing a contract without knowing how much it will cost you for this expedited hook up? 

Some contract. 

The League had to have a seat next to the person writing this bill.  

I am terribly disappointed. I am not sure yet who I should be disappointed with, but I think it is higher up the food chain than the Judiciary II Committee. I just don't know. 

But I hope to find out. 

Please do not slam the members of this Committee. Now, you might urge them to reject this PCS as being the slap in the face that it is, but don't slam them. They have not yet seen it, heard about the negatives, or had a chance to ask questions on it or vote on it. THEY did not write the PCS! 

I just wanted to alert you after a one time reading how bad this bill is. I am sure I find more once I study it further. 

I will try and get a quick report out to you tomorrow evening.

 Sincerely, 

Doug Aitken

FAC

This is our game plan. Please start calling the committee members first thing in the morning....before the 10-11 AM meeting. Leave a message for a call back if need be. Keep calling until the afternoon reconvening of the meeting. The members have to be convinced this is a bad move for reform.

If your Rep. is on this list, please try to come to either the 10 AM meeting or the one after the General Assembly session ends (the sessions starts at 1 PM and usually ends by 2 PM) Let your Rep know you are there if you can get there. Face to face meetings are always the best.

Download: printable contact sheet (1 page PDF) and Photos (1 page PDF)

 All HERE

 Representative w/ emails

 Phone

Bus. Phone 

Legislative Phone 


 Speaker


Joe Hackney

 

 

919-929-0323

 Vice Chair

Rick Glazier

910-484-4168

910-672-2194 

919-733-5601

 Vice Chair

Jimmy L. Love, Sr.

919-776-2690

919-775-7119

919-715-3026

 Vice Chair

Jennifer Weiss

919-678-1367 

919-715-3010 

919-715-3010

 Member

Hugh Blackwell

828-879-8454

828-874-2271 

919-733-5805 

 Member

Alice L. Bordsen

919-563-5264 

919-563-5092 

919-733-5820 

 Member

Justin P. Burr

704-983-3833 

704-983-4663 

919-733-5908 

 Member

James W. Crawford, Jr.

252-492-0185 

252-492-0185 

919-733-5824 

 Member

Dale R. Folwell

336-748-0046 

 

919-733-5787 

 Member

Pat B. Hurley

336-625-9210 

919-733-5865

919-733-5865 

 Member

Darren G. Jackson

919-266-6565 

919-269-2234 

919-733-5974 

 Member

Linda P. Johnson

704-932-1376 

 

919-733-5861 

 Member

Earl Jones

336-273-0840 

 

919-733-5825 

 Member

Tim Moore

704-739-6447

 704-482-4441

919-733-4838 

 Member

Earline W. Parmon

336-767-7395 

 

919-733-5829  

 Member

Jonathan Rhyne, Jr.

704-735-0972

704-735-1423

919-733-5782

 Member

Timothy Spear

252-797-4481

 

919-715-3029

 

Updated 6/17/09

Biltmore Lake Annexation Update 

Have you sent your emails to the House Judiciary II Committee? 

This week is critical! The members of House J2 committee are crafting the language for the annexation reform bill.  It is vitally important they hear from you now and that you tell them they must include the three key elements of true reform.   

County Commissioner OVERSIGHT

MEASURABLE, MEANINGFUL SERVICES

and a

VOTE  

Take a stand.  This isn’t hard, it doesn’t require a lot of your time and it is important for you to be proactive for your family! 

Below is a quick link (click the All HERE below to include all members) to send your email to all members of the Judiciary II Committee.  [It takes a little time for this to load.]  Please include our local representatives Rep. Bruce Goforth (Bruceg@ncleg.net) and Rep. Jane Whilden (Jane.Whilden@ncleg.net).  Tell the legislators how you feel about true annexation reform.   – You want Commissioner Oversight, Measureable Meaningful Services and a Vote. 

 All HERE

 Representative w/ emails

 Phone

Bus. Phone 

Legislative Phone 


 Speaker


Joe Hackney

 

 

919-929-0323

 Vice Chair

Rick Glazier

910-484-4168

910-672-2194 

919-733-5601

 Vice Chair

Jimmy L. Love, Sr.

919-776-2690

919-775-7119

919-715-3026

 Vice Chair

Jennifer Weiss

919-678-1367 

919-715-3010 

919-715-3010

 Member

Hugh Blackwell

828-879-8454

828-874-2271 

919-733-5805 

 Member

Alice L. Bordsen

919-563-5264 

919-563-5092 

919-733-5820 

 Member

Justin P. Burr

704-983-3833 

704-983-4663 

919-733-5908 

 Member

James W. Crawford, Jr.

252-492-0185 

252-492-0185 

919-733-5824 

 Member

Dale R. Folwell

336-748-0046 

 

919-733-5787 

 Member

Pat B. Hurley

336-625-9210 

919-733-5865

919-733-5865 

 Member

Darren G. Jackson

919-266-6565 

919-269-2234 

919-733-5974 

 Member

Linda P. Johnson

704-932-1376 

 

919-733-5861 

 Member

Earl Jones

336-273-0840 

 

919-733-5825 

 Member

Tim Moore

704-739-6447

 704-482-4441

919-733-4838 

 Member

Earline W. Parmon

336-767-7395 

 

919-733-5829  

 Member

Jonathan Rhyne, Jr.

704-735-0972

704-735-1423

919-733-5782

 Member

Timothy Spear

252-797-4481

 

919-715-3029

You can make a difference but you must act NOW!  Send you emails immediately.   

Thank you for your help. 

*********************************** 

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris and Dwayne Wiseman 

Updated 6/13/09

Biltmore Lake Annexation Update 

        Below you see that latest announcement from the Fair Annexation Coalition that identifies what is happening with annexation reform.  It certainly paints a rather dark picture and one that needs our immediate attention. 

 

        We are all tired of the call-to-action and the need to send another email to the legislators who seem not to care but go about their business as if our calls and pleas fall on deaf ears.  Nevertheless, unless we continue to press for fairness and honest reform, we will be lead down the path of the League of Municipalities' choosing.  To sit by now and allow that to happen is not what we have fought so hard to correct. 

 

        Please consider the importance of once again sending your comments to the legislators who are deliberating the wording of the annexation bill that will be presented to the full House of Representatives for debate and a vote.  You can make a difference by letting these legislators know you are not happy with the results to date and impress upon them to insure any annexation reform bill has the three main elements so important to reform -- a VOTE, MEANINGFUL OVERSIGHT, and MEANINGFUL SERVICES.

 

        When you prepare to send your email, if you scroll down the page to the table of names, you will see above the title for the individual representatives the box that is identified as All HERE.  If you click on the HERE you will be able to send your message to all of the representatives at one time.  This will make it easier to insure each representative hears from you.  

 

         Next week is a critical time period in which to send your comments.  Don't delay, please take time to send your email NOW! 

 

 

Thank you for your continued support.

 

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris and Dwayne Wiseman

 

06/12/2009

 

Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex Biltmore Lake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer, 93Mountain Drive, Biltmore Lake, NC 28715.   For more information, visit http://www.stopasheville.com/.   Contact us at blcac@stopasheville.com.

 

 

**********************************************

Next Tuesday AND Thursday, at 10:00 am in room 421 of the Legislative Office Building, the House Judiciary II Committee will meet to consider two bills:

HB 524 Annexation - Omnibus Changes
primary sponsor Reps Goforth, Leubke, Jones, Starnes.

and

HB 727, Annexation Changes (This is the League "tweak" bill),
Sponsors: Reps Love (also Vice Chair of the Committee), Starnes, Allen, Kelly, M., and Alexander.



Where is HB 645 on this calendar? Unknown.

HB 524 is the bill that came out of the Joint Study Commission. As such, it did not address the key issues important to annexation reform, as the bill drafters decided to have the VOTE issue as an individual bill as well as the Moratorium concept.
(And where are those bills?)

Since then, bill HB 524 has been rewritten twice, and it is now another "tweaking" bill, like HB 727.
(PCS draft with our comments HERE)

There is no VOTE or VOICE. There is no definition of Meaningful Services. In fact, a city can annex simply by providing garbage pickup and street maintenance!

As for OVERSIGHT, the LGC is listed, but this section is full of holes. Reports are required to be sent to the General Assembly, but all they will do will be to fill up the library. The LGC can assess the fiscal feasibility of all proposed annexations but no explanation on how they do that and no power to simply say NO!

Page 23 of the bill gives the listing of reports the LGC will make. It is smoke and mirrors and will do NOTHING to protect the citizen.

Folks, this draft bill, as it is, is a
disaster. It does not accomplish real annexation reform.

I urge you to
call and e-mail the members of this committee and inform them of your feelings about this blatant attempt to squash annexation reform in North Carolina.

Right now, it is obvious that to many of our elected officials, their relationship with the League of Municipalities is more important than their relationship with the citizens of North Carolina.

Here are the members of this important Committee. Remember please that many of the members of this Committee are in favor of reform, so please do not be abusive. We will find out exactly who our friends are soon enough. For now, be polite, but let them know your feelings:

Important Information: We are told Reps will be working on the budget on Friday and Saturday in Raleigh.

Download: printable contact sheet (1 page PDF) and Photos (1 page PDF)

 All HERE

 Representative w/ emails

 Phone

Bus. Phone 

Legislative Phone 


 
Speaker


Joe Hackney

 

 

919-929-0323

 Vice Chair

Rick Glazier

910-484-4168

910-672-2194 

919-733-5601

 Vice Chair

Jimmy L. Love, Sr.

919-776-2690

919-775-7119

919-715-3026

 Vice Chair

Jennifer Weiss

919-678-1367 

919-715-3010 

919-715-3010

 Member

Hugh Blackwell

828-879-8454

828-874-2271 

919-733-5805 

 Member

Alice L. Bordsen

919-563-5264 

919-563-5092 

919-733-5820 

 Member

Justin P. Burr

704-983-3833 

704-983-4663 

919-733-5908 

 Member

James W. Crawford, Jr.

252-492-0185 

252-492-0185 

919-733-5824 

 Member

Dale R. Folwell

336-748-0046 

 

919-733-5787 

 Member

Pat B. Hurley

336-625-9210 

919-733-5865

919-733-5865 

 Member

Darren G. Jackson

919-266-6565 

919-269-2234 

919-733-5974 

 Member

Linda P. Johnson

704-932-1376 

 

919-733-5861 

 Member

Earl Jones

336-273-0840 

 

919-733-5825 

 Member

Tim Moore

704-739-6447

 704-482-4441

919-733-4838 

 Member

Earline W. Parmon

336-767-7395 

 

919-733-5829  

 Member

Jonathan Rhyne, Jr.

704-735-0972

704-735-1423

919-733-5782

 Member

Timothy Spear

252-797-4481

 

919-715-3029


Unless we show up in force on Tuesday and Thursday, and unless we clearly show our displeasure with these "tweaks", we may as well roll up the carpet and head home. It is that important.

Now or never. It is as simple as that. EVERYONE must participate!

Please forward this email.

Sincerely,

Doug Aitken
Fair Annexation Coalition

 

Updated 6/03/09

Biltmore Lake Annexation Update

The 2009 NC Legislative session is in full swing and committees are working on hundreds of new bills.  Although annexation reform has gained traction, the many bills introduced this session are being consolidated.  As often is the case, the devil is in the details...  Below you will read some of what is happening with the most significant reform bill (H 645) to date. 

 FAC Supporters:

The House Judiciary II Committee is preparing an annexation-reform bill that will be a composite of all of the House annexation bills.

A sponsor of one of the “good” bills that has been introduced has a request.

Please e-mail the three Vice Chairs of the House Judiciary II Committee (there is no Chair).  Ask that the Committee prepare a bill that brings about significant and much-needed reform to North Carolina’s archaic, unfair, and undemocratic forced annexation statutes.

Respectfully advise the Vice Chairs that
necessary reform must include three key elements:  A vote by the citizens, oversight, and meaningful services.  Any bill that does not include these elements will not bring about significant reform or fairness.

The Vice Chairs and their e-mail addresses are:

Rick Glazier        Rick.Glazier@ncleg.net
Jimmy Love        Jimmy.Love@ncleg.net
Jennifer Weiss        Jennifer.Weiss@ncleg.net

Please also copy Speaker Joe Hackney.  Joe.Hackney@ncleg.net

Or click once HERE for all four.

Pinewild residents passed out materials on Halifax Mall yesterday.  Over and over again, they heard that your e-mails are making a difference.

We’re nearing the end of this legislative session.  Keep the faith, and keep on the heat!!

Thank you again for your unbelievable support.

Doug Aitken
Fair Annexation Coalition

As Mr. Aitken advises, we must keep the heat on and press these individuals to craft an annexation bill that provides real reform.  We encourage you to take a moment now to send your email to these representatives.   

Thank you for your continued support and very positive email interaction.

********************************

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris and Dwayne Wiseman 

Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex Biltmore Lake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer, 93Mountain Drive, Biltmore Lake, NC 28715.   For more information, visit http://www.stopasheville.com/.   Contact us at blcac@stopasheville.com.

 

Updated 5/20/09

Biltmore Lake Annexation Update

ACTION NEEDED NOW! 

We have just learned the North Carolina League of Municipalities has sent the below email to all NCLM member cities and towns and is ‘hand delivering’ today a letter to each of the Senators telling them if they vote to allow Senate Bill 494 to be moved to the Senate Floor the ability for towns and cities across North Carolina to involuntarily annex will be lost. 

Subject: NCLM - ACT TODAY!
Date: Mon, 18 May 2009 12:36:48 -0400
From: jwebb@NCLM.ORG
To: mailto:NCLM@NCLM.ORG
CC: kkukura@NCLM.ORG; EHANKINS@NCLM.ORG

We understand a request under Senate Rule 47B may be made tonight to move SB 494 (Annexation/Meaningful Services and Oversight) from the Senate Finance Committee to the floor of the Senate. 

Please call your Senator TODAY urging them NOT to sign a petition to bring SB 494 to the Senate floor.  This petition for SB 494 could effectively shut down the ability for your cities and town to properly annex.

We will be hand delivering the attached letter and annexation handout to all members of the Senate this afternoon.  This is for your information only. 

Thank you,

Jennifer

Jennifer M. Webb

Grassroots Coordinator / Legislative Assistant

NC League of Municipalities

215 N. Dawson Street, Raleigh, NC 27603

Ph 919.715.1726  Fx 919.301.1019

Here is a copy of the League’s letter:

 May 18, 2009 

The Honorable «First_Name» «Last_Name»

North Carolina Senate

«Leg_Street», «Leg_Room_»

Raleigh, NC «Leg_ZIP»

 

«GreetingLine»

 

We understand that a request under Senate Rule 47 (b) may be made this week to attempt to move SB 494 (Annexation/Meaningful Services and Oversight) from the Finance Committee to the floor of the Senate.  As you are aware, this would require a signed petition by two-thirds of the Senate membership.  Removing SB 494 from the Finance Committee at this time would subvert the legislative process.

North Carolina cities and towns represented by the League of Municipalities believe this bill, if enacted, would put an end to city-initiated annexations. It would be devastating to the future quality of life of our communities.   

While North Carolina’s annexation laws have served this state very well for over 50 years, we recognize that reasonable changes to address legitimate concerns are needed.  Our citizens, both in-town and near-town, deserve fair and balanced annexation law that allows for properly managed growth and sharing of both the benefits and the costs of  their community.   

As such, we ask for your support of SB 472/HB 727, which make 20 substantive improvements to current annexation law.  Taken together, these changes to the law allow for fairness in the annexation process, ensure appropriate checks and balances are in place, and preserve the crucial ability to maintain the health of our cities and towns.  Information about SB 472 / HB 727 is attached.   

Effectively shutting down the ability for your cities and towns to properly annex is not the answer.  Please do not sign a petition to bring SB 494 to the Senate Floor.   

Sincerely,  

Kelli H. Kukura

Director of Governmental Affairs 

Folks, we must not let this happen!  If you have never taken the time to send an email to the Senators asking them to do what is right for the citizens of NC in regards to annexation reform, DO IT NOW!  Even if you have already sent an email, send another one or call the Senators’ office to express your opinion and tell them to support SB 494.   

Go to http://www.fairannexation.com/, click on “Annexation Contact System”, select Senators, write your email and sent it tonight. 

We must not let up now.  The League is concerned evidenced by the tone and substance of their letter.  

If we wish to get this S 494 moved to the Senate floor for a vote we must take the initiative and not let this opportunity slip away. 

PLEASE EMAIL ALL SENATORS IMMEDIATELY!

Thank you for your continued support.

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris and Dwayne Wiseman 

*      *      *      *      *      * 

Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex BiltmoreLake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer, 93Mountain Drive, Biltmore Lake, NC 28715.   For more information, visithttp://www.stopasheville.com/.   Contact us at blcac@stopasheville.com.

 

Updated 5/18/09

Biltmore Lake Annexation Update

Two items about which to make note.   

First and foremost, we are asking EVERYONE to follow up on the request from the Fair Annexation Coalition message that was distributed on Friday May 15, 2009 about contacting all Senators asking for their support for Senate Bill 494.  S494 is positive legislation that identifies needed annexation reform – Oversight, Measurable Services and a Vote. 

If you have not yet had the opportunity to send your email to each Senator, please do so NOW.  You can easily send your message via http://www.fairannexation.com/.  Once you reach the site, you can refresh your memory regarding the message by clicking on the ‘Latest FAC Burst’ and then use the ‘Annexation Contact System’. Select Senators for your Send To, create your message and send.  It’s easy and all 50 Senators will receive an individually addressed email.  IT IS CRITICAL THAT WE ALL DO THIS NOW.   

The second item to bring to your attention is our pleasure in THANKING everyone once again who has contributed to the Legal Fund and to follow up, as promised, by posting the updated Contributors Listing to the http://www.stopasheville.com/ website.  You will note many residents have come forward to help by contributing for the first time or adding to their original $200 contribution.  The nearly two years of savings realized by the legal action continues to pay off, and most residents have expressed appreciation for that action by stepping up to help build the BLCAC Treasury.  THANK YOU. 

Thank you for your continued support.

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris and Dwayne Wiseman

*      *      *      *      *      *

Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex Biltmore Lake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer, 93Mountain Drive, Biltmore Lake, NC 28715.   For more information, visit http://www.stopasheville.com/.   Contact us at blcac@stopasheville.com.

 

Updated 4/26/09

Biltmore Lake Annexation Update

Calls to House Judiciary II 

Ladies and Gentlemen: 

Today, many of the House annexation bills sponsors asked that HB 645  be the first bill to be considered to meet the crossover deadline. The deadline for bills crossing from the House to the Senate or from the Senate to the House is May 14th. 

This week, the Judiciary II Committee, where all the bills that have been moved, met to listen to a presentation from Professor David Lawrence, UNC-CH School of Government. Professor Lawrence certainly knows the state's annexation law.  

Perhaps it is time for us to remind the Committee members of the close connection between the School of Government and the NC League of Municipalities.  

It seems Chairman Blue is to put together a subcommittee to try to bring these bills out of Committee in several different categories. 

I have included below a list of Committee members and their phone numbers. I cannot urge you strongly enough to pick up the phone and start dialing. THIS IS CRITICAL. 

Tell them, in a polite way, that: 

1. Time is short for crossover with many bills on a very complex issue. 

2. "Tweaking" the law will not solve the problems. 

3. Citizens need a voice -- a vote in what happens to them and their property. 

4. Meaningful Services must be defined and provided, not duplicated. 

5. Oversight by people who have a stake in the outcome: County  Commissioners or a Boundary Commission with city, county and citizen membership. 

6. As a quick summary of all the states, 11 do not annex at all, and 18 of the remaining 39 have some third party oversight. Of the 21 with no oversight, 17 allow citizen election. 

* That leaves four states, and only Nebraska, Oklahoma, and North Carolina have no citizen vote and no oversight. Texas, the last state, has no oversight, but provides for a citizen panel to negotiate a binding contract with the annexing city for provision of services. 

Please be polite and respectful. Several members of this Committee are solidly on the side of reform, and there are several newer members. 

Here is the list. Start dialing -- and continue dialing NEXT WEEK. Reform is NOT going to happen if you do not participate!

Sincerely, 

Doug Aitken

Fair Annexation Coalition 

Judiciary II Phone Numbers

Important Information: Reps are usually in Raleigh from Monday night through Thursday day, then they return to their districts.

 

 Representative

 Phone

Bus. Phone

Legislative Phone

 Chairman

Dan Blue

919-231-7617

 919-833-1931

919-733-5752

 Vice Chair

Rick Glazier

 910-484-4168

910-672-2194

 919-733-5601

 Vice Chair

Jimmy L. Love, Sr.

 919-776-2690

 919-775-7119

 919-715-3026

 Vice Chair

Jennifer Weiss

919-678-1367

919-715-3010

 919-715-3010

 Member

Hugh Blackwell

 828-879-8454

828-874-2271

919-733-5805

 Member

Alice L. Bordsen

919-563-5264

919-563-5092

919-733-5820

 Member

Justin P. Burr

704-983-3833

704-983-4663

919-733-5908

 Member

James W. Crawford, Jr.

252-492-0185

252-492-0185

919-733-5824

 Member

Dale R. Folwell

336-748-0046

 

919-733-5787

 Member

Pat B. Hurley

336-625-9210

 919-733-5865

919-733-5865

 Member

Darren G. Jackson

919-266-6565

919-269-2234

919-733-5974

 Member

Linda P. Johnson

704-932-1376

 

919-733-5861

 Member

Earl Jones

336-273-0840

 

919-733-5825

 Member

Tim Moore

 704-739-6447

 704-482-4441

919-733-4838

 Member

Earline W. Parmon

336-767-7395

 

919-733-5829 

 Member

Jonathan Rhyne, Jr.

704-735-0972

704-735-1423

919-733-5782

 Member

Timothy Spear

252-797-4481

 

919-715-3029

 *     *     *     *     *     *

Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex Biltmore Lake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer, 93Mountain Drive, Biltmore Lake, NC 28715.   For more information, visit www.stopasheville.com.   Contact us at blcac@stopasheville.com

 

Updated 4/21/09

Biltmore Lake Annexation Update

RALLY in RALEIGH

May 6, 2009 

This year’s rally will begin at 10:00 AM at the plaza across the street from the Legislative Building located at 16 West Jones Street, Raleigh. 

Rally organizers are pleased to announce Senator Larry Shaw, the original sponsor of Senate Bill 494, will speak offering his thoughts regarding annexation.  Sen. Shaw’s bill identifies and calls for change including the need for a VOTE, OVERSIGHT, and MEASUREABLE SERVICES -- all necessary annexation reforms. 

In addition to speakers, rally participant visits to legislators’ offices to provide annexation reform materials, lunch and a RED RALLY MARCH will be in the offering.  The rally will conclude at 4:00 PM.

Please join fellow North Carolina annexation reformers as they gather in Raleigh raising their voices to be heard by members of the legislature.  The rally is designed to enlist the support of elected representatives, but also to raise alarm about the powerful North Carolina League of Municipalities lobby.  The League’s position is FORCED ANNEXATION is a prescription for good government growth -- no tax is bad, more tax is better!  

Mark your calendar for May 6th, call friends and neighbors to arrange car pools and make it a fun, interactive Biltmore Lake event.  This rally is one of the truly significant things you can do to demonstrate your support for annexation reform.  A large turn-out definitely sends a strong message to the legislators and helps combat the stories spun by the League of Municipalities.  We’re counting on you to help...make plans to go to Raleigh on May 6th  

Call Beth Gurnack at 670-1423 to let her know you will be going.  If you can help with car pooling, please let Beth know.

Thank you for your continued support.

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris and Dwayne Wiseman

Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex Biltmore Lake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer, 93Mountain Drive, Biltmore Lake, NC 28715.   For more information, visit http://www.stopasheville.com/.   Contact us at blcac@stopasheville.com.

 

Updated 4/7/09

Biltmore Lake Annexation Update

Three important notices:

 

·     Good news regarding the timing of the BL annexation lawsuit

·     Contributor THANK YOU recognition posted on Stopasheville.com website

·     Two annexation bills requiring your emails and calls to Legislators 

Early last week we were informed the Biltmore Lake annexation court date had been set for August 31, 2009.  Later in the week, we learned the court date had been moved out to October 05, 2009.  This means we have escaped the clutches of Asheville’s FORCED ANNEXATION for two years – and, it is not over yet.  We will go through another year for the appeal process.  Bottom line, each resident will have, at a minimum, saved $3600+ in undue taxes for their very small investment in the Legal Fund.  A very positive investment indeed!

Speaking of contributions, we are pleased to announce the posting of the list of the many BL residents who have invested to maintain the “community” of our friendly neighborhood.  From our last update, many neighbors stepped-up their contribution or made their initial contribution to the legal fund.  We are very thankful for everyone’s participation.  The Contributor’s THANK YOU list has been posted to the website at http://www.stopasheville.com/We have a ways to go but, we’ll keep you informed.  Thanks to you all. 

We need your help.  There are two very important annexation bills that absolutely need your attention.  These bills represent the only comprehensive annexation-reform legislation that provides the necessary changes – a VOTE, MEASUREABLE SERVICES and OVERSIGHT.  --- Senate Bill 494 and companion House Bill 645 are stalled in committee but your calls and emails will help dislodge and hopefully move them to the floor for debate and a vote.  Go to http://www.fairannexation.com/, click the tab labeled, "Annexation Contact System".

***  You will go to a form where YOU select what committee you wish your message to be sent to. You may select all Senators, all Representatives or select individual Committees. THE CRITICAL PART IS THAT YOU WRITE ONE MESSAGE, AND IT WILL GO TO EVERY INDIVIDUAL ON THE LIST YOU HAVE SELECTED, AS A PERSONALIZED MESSAGE (the names are individually added to the message automatically)!  Compose your own message in the box provided and be sure to put in your name.  ***

Thank you for your continued support.

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris and Dwayne Wiseman

Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex Biltmore Lake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer, 93Mountain Drive, Biltmore Lake, NC 28715.   For more information, visit http://www.stopasheville.com/.   Contact us at blcac@stopasheville.com.

 

Updated 4/7/09

Biltmore Lake Contributor Honorees

Like many organizations, special recognition is given to those who give of their time and money to support a worthy cause.  Certainly that is the case with the Biltmore Lake Community Action Committee’s appreciation for the many residents who have contributed to the legal fund.  Without that support, legal opposition to FORCED ANNEXATION would not have been possible. 

 It seems so little, yet we really want you to know. -- THANK YOU

 

 

Updated 3/31/09

StopNCAnnexation


SNCA Update & Action Alert 

Dear Fellow Annexation Reformers:

 

Your action is urgently needed on Senate Bill 494! The Senate State and Local Government Committee may soon hear this bill--and we need you to contact them this week!

 

SB 494 provides citizens a vote, requires county oversight over annexations, and requires municipalities to provide meaningful services.

 

If one of the Senators on the State and Local Government Committee is your Senator, please contact him or her. In addition, please try to meet with the Senator this week. Personal contact is more important than ever in order to make sure these Senators know that the people support S494.
The list of the Senators on the committee is below.

 

Even if one of the Senators on the committee is not your Senator, please still call, email, and write this week.

 

Ask Senators to:

v  Strongly Support Senate Bill 494

v  Sponsor SB 494 and Push the Bill Quickly Through the Committee and the Legislature

 

There is still a ways to go, but if we contact this committee (and other

legislators) in numbers like we never have before, we just may make history and get us on the path to ending this abusive and outdated annexation law.

 

You will find more information about Senate Bill 494 on the StopNCAnnexation website: http://www.stopncannexation.com/

 

Thank you for all your efforts!

 

Catherine Heath
StopNCAnnexation Coalition

 

Members of State and Local Government Committee:

Co-Chairman

Sen. Ed Jones

(919) 715-3032

Edward.Jones@ncleg.net

4

Co-Chairman

Sen. Don East

(919) 733-5743

Don.East@ncleg.net

30

Vice Chairman

Sen. Katie G. Dorsett

(919) 715-3042

Katie.Dorsett@ncleg.net

28

Members

Sen. Charles W. Albertson,
Sen. Tom Apodaca,
Sen. Philip E. Berger,
Sen. Joe Sam Queen,
Sen. Harris Blake,
Sen. Julia Boseman,
Sen. Don Davis,
Sen. Fletcher L. Hartsell, Jr.,
Sen. Vernon Malone,
Sen. Floyd B. McKissick, Jr.,
Sen. R. C. Soles, Jr.,
Sen. Richard Stevens,
Sen. David F. Weinstein

(919) 733-5705

Charlie.Albertson@ncleg.net

10

(919) 733-5745

Tom.Apodaca@ncleg.net

48

(919) 733-5708

Phil.Berger@ncleg.net

26

(919) 733-3460

Joe.Queen@ncleg.net

47

(919) 733-4809

Harris.Blake@ncleg.net

22

(919) 715-2525

Julia.Boseman@ncleg.net

9

(919)733-5621

Don.Davis@ncleg.net

5

(919) 733-7223

Fletcher.Hartsell@ncleg.net

36

(919) 733-5880

Vernon.Malone@ncleg.net

14

(919) 733-4599

Floyd.McKissick@ncleg.net

20

(919) 733-5963

RC.Soles@ncleg.net

8

(919) 733-5653

Richard.Stevens@ncleg.net

17

(919) 733-5651

David.Weinstein@ncleg.net

13


Sample message:

Senator:

As a resident of an area currently in litigation over an involuntary annexation, I am acutely interested in the progress of Senator Larry Shaw's SB 494: Annexation/Meaningful Services and Oversight. 

I am aware that this bill was placed on the agenda for the State & Local Government Committee for 3/31/09, and then removed.  I have also learned this week about PCS, which I understand to mean proposed committee substitute.  I am concerned that something like this may occur with SB 494 and I ask you to support consideration of the bill as written.

I urge you, in fact to sign on to this bill as a co-sponsor, to do all you can to move it through committee and to give it a full and impartial hearing by the full Senate, and subsequently the House.

In addition, I ask your explicit support of a vote for citizens included in any proposed annexation, for the oversight provisions of this bill, and for its focus on needed services.

Finally, I ask your support to amend the bill in one way which is of critical importance to my neighbors and me.  Please, include language making it applicable to all annexations currently being litigated or with effective dates after it is enacted.

Thank you for your service and your sincere consideration. 

*     *     *     *     *     *     *     *

 Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex Biltmore Lake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer, 93Mountain Drive, Biltmore Lake, NC 28715.   For more information, visit http://www.stopasheville.com/.   Contact us at blcac@stopasheville.com .

 

Updated 3/20/09

Biltmore Lake Annexation Update

Lawsuit Hangs in the Balance!

 A Superior Court trial date for this summer will be scheduled late spring 2009; however, unless we have enough money to continue the legal battle, we will be forced to stop the suit.  The effect of this is that 30 days later, you will have to start paying Asheville city property taxes!  The Biltmore Lake Action Committee is asking you, once again, to help build the legal fund by making your initial or additional $200 contribution. This investment will probably save you paying thousands-of-dollars in city taxes for no significant benefits to you.  ---It’s timing, it’s critical, it’s important and....it’s your call
  

*** We will be thanking the many legal-fund contributors and plan to do so via the stopasheville.com website.  Contributors will be recognized in three categories:  Reformers - $200, Challengers - $400 and Leaders - over $400.

Should you wish to remain anonymous about your contribution, we ask you to notify us by replying to this email.  After a short period of time, we will proudly list the names of the Biltmore Lake residents who have helped make a difference in this effort against forced annexation. ***   

If you wish to contribute for the first time or to elevate your contribution, you may reproduce the bottom of this email and send it with your check to our treasurer whose return address is identified below.  Thanks for your help.

Name:             ___________________________________________

Contribution: $__________

Pledge amount $_________                        Date to be paid _____________

 

Thank you for your continued support.  

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris and Dwayne Wiseman 

Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex Biltmore Lake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer, 93Mountain Drive, Biltmore Lake, NC 28715.   For more information, visit http://www.stopasheville.com/.   Contact us at blcac@stopasheville.com.

 

 

Updated 1/27/09

ANNEXATION UPDATE - NEWS FROM RALEIGH

 

The following articles provide a good summary on activities at the final Joint Study Commission on Municipal Annexation held Thursday January 22, 2009, at the Legislative Building in Raleigh

 

Bills will be drafted from these recommendations and introduced during the General Assembly for debate and potential passing by the Legislature.  Whether any of these recommendations eventually become law remains to be seen, nevertheless, it is encouraging to see the progress on annexation reform thus far.  

 

Your emails and calls to the commission members have made a difference.  Thank you for your continued support.

  

Google News Alert for: NC Annexation

Panel sides with citizens
Winston-Salem Journal - Winston-Salem,NC,USA
The NC League of Municipalities, which has many allies in the General Assembly, adamantly opposes referendums, saying that the current annexation law ...
See all stories on this topic

Panel advances annexation limits
Asheville Citizen-Times - NC,USA
North Carolina is one of the few states that allow unilateral annexation, and changing that is the top priority of the law's critics. ...
See all stories on this topic

Wake County residents fight annexation
WRAL.com - Raleigh,NC,USA
Cathy Health, leader of Stop NC Annexation, said “forced annexations” are going on from Asheville to the Coast. The grassroots group is lobbying the state ...
See all stories on this topic

City Council OKs rezoning over neighbors' objections
McDowell News - Marion,NC,USA
... Technical Community College, which was also annexed. The McDowell Tech area covers more than 30 acres and includes the NC Forest Service buildings. ...
See all stories on this topic

Study commission votes to stop NC annexation
News14.com - Charlotte,NC,USA
RALEIGH – After months of study and debate, a state legislative committee says forced annexation should not be allowed in North Carolina. ...
See all stories on this topic

Panel: Annexation shouldn't be forced on residents
WCNC (subscription) - Charlotte,NC,USA
The special panel examining changes to North Carolina's municipal annexation laws voted in favor of requiring referenda as a prerequisite for involuntary ...
See all stories on this topic

Panel: Annexation shouldn't be forced on residents
WRAL.com - Raleigh,NC,USA
RALEIGH, NC — A legislative study committee has recommended that North Carolina residents be allowed to vote before they are annexed by a town or city ...
See all stories on this topic

Panel: Annexation shouldn't be forced on residents
Live 5 News - Charleston,SC,USA
AP - January 22, 2009 1:46 PM ET RALEIGH, NC (AP) - A legislative study committee has recommended that North Carolina residents be allowed to vote before ...
See all stories on this topic

County backs town SCHS annexation
Smoky Mountain Times - Bryson City,NC,USA
The board passed a resolution in support of the Southwestern NC Resource Conservation & Development (RC&D) Area seeking federal operational funds. ...
See all stories on this topic

Lawmakers meeting on changing annexation rules
Myrtle Beach Sun News - Myrtle Beach,SC,USA
AP RALEIGH, NC -- A committee is trying to respond to citizen complaints about how North Carolina cities and towns can acquire unincorporated areas. ...
See all stories on this topic

 

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Joe Garr, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris and Dwayne Wiseman

 

1/23/09 

*      *      *      *      *      * 

Biltmore Lake Community Action Committee (BLCAC) is an organization of residents whose primary mission is to stop Asheville in its attempt to forcibly annex Biltmore Lake.   To join our legal fight, please send a check for $200 payable to BLCAC, c/o Dieter Buehler, Treasurer, 93Mountain Drive, Biltmore Lake, NC 28715.   For more information, visit www.stopasheville.com.   Contact us at blcac@stopasheville.com .

 

 

 

ANNEXATION UPDATE - NEWS FROM RALEIGH

 

The following articles provide a good summary on activities at the final Joint Study Commission on Municipal Annexation held Thursday January 22, 2009, at the Legislative Building in Raleigh

 

Bills will be drafted from these recommendations and introduced during the General Assembly for debate and potential passing by the Legislature.  Whether any of these recommendations eventually become law remains to be seen, nevertheless, it is encouraging to see the progress on annexation reform thus far.  

 

Your emails and calls to the commission members have made a difference.  Thank you for your continued support.

 

 

Google News Alert for: NC Annexation

Panel sides with citizens
Winston-Salem