Local Update

VERY IMPORTANT

Please note date change of Public Hearing on Annexation. It will be on Tuesday, March 18, at 5:00 p.m. Also note that location is Ferguson Auditorium, AB-Tech, 340 Victoria Road. (I-40 to I-240, exit at Amboy Road, Right on Meadow at T-intersection, Left on Victoria into campus, follow signs to Laurel Building behind Library. Ferguson Auditorium is within Laurel Building.)

North Carolina is only one of four states that allow forced annexation – that means you don’t get a vote in the matter. Asheville has its eye on many County residents as a source of new property taxes to support their programs that most of us don’t use.

If you’d like to speak at this meeting, you’ll have 3 minutes, but you must sign up when you arrive. Sign up starts at 4:00 PM and ends at 6:00 PM.

It is critical the legislative representatives on this Study Commission hear and see you -- the average taxpayer. Even if you don’t wish to speak, wear a red-shirt and fill a seat in the auditorium to show everyone you care.

The residents of Buncombe County have excellent law enforcement and fire protection services as well as all other essential services paid for by county taxes or homeowner fees. Asheville will not fulfill one additional need for most of us. They will only double our taxes, place more restrictions, and give us blue recycle bags.

Many residents have asked to be notified if there was something that could help the anti annexation effort. There is now an opportunity.

In June of last year, a group of Biltmore Lake residents attended a meeting at the State Legislature, co-sponsored by Rep. Bruce Goforth and Rep. Paul Leubke, regarding forced annexation. The room was overwhelmingly filled by red-shirted residents from around the state opposed to forced annexation. The result of their efforts was evident by the decision to form the House Municipal Annexation Committee. Their first meeting is scheduled for Wednesday, January 30, 2008 at 10:00 a.m. in Room 544 of the Legislative Office Building (16 West Jones Street, Raleigh, NC 27601). If you’ve wanted to participate, in addition to sending your money, this is your chance to see how the legislature works up close and personal.

Reps. Goforth and Leubke have asked David Lawrence, of UNC's School of Government, for his presentation on current annexation law. Mr. Lawrence is a noted expert on North Carolina's annexation laws, and he just published a "how to" book for his audience on Involuntary Annexation law.

If you haven’t been to Raleigh before, this would be a great opportunity to enjoy its restaurants, shopping and museums while helping fight forced annexation at the same time. As you may be aware, Rep. Charles Thomas (a great supporter of anti-forced annexation efforts) will NOT be seeking a second term. The community must keep the pressure on those who do not understand our legitimate concerns.

If you’re interested in car pooling, let us know and we will help to organize that for all those who are looking for a ride. Please let us know if you would like to attend as we can then send a head count to FAC (Fair Annexation Coalition) who is organizing the effort.

Hope to see you there.

BLCAC Steering Group:

Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Joe Garr, Beth Gurnack, Carol Keleher, Bill Newman, Mary Lou Sartoris andDwayne Wiseman

01/22/2008

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, 93 Mountain Drive, Biltmore Lake, NC 28715. Contact us at blcac@stopasheville.com

By now you have paid your Buncombe County Taxes. As you did so, wasn’t it reassuring to know, because of the Biltmore Lake community efforts to oppose Asheville’s forced annexation, you actually saved money?

How’s that? Well, had the lawsuit against forced annexation not been filed, Biltmore Lake homeowners within the annexation boundary would have been obligated to pay city taxes for the second half of the 2007 tax year. The amount, of course, depends on the assessed value of one’s home, but it is easy to say the savings was, at a minimum, $600. [Half yr. taxes on $300,000 @ $.4238/$100]

What is the current status of the lawsuit? The City met their December 09, 2007, deadline by responding they denied or claimed ignorance of all claims we filed against their annexation plan. This action was not surprising or unexpected.

So, what’s next? The below schedule identifies coming steps but before we get to that, it is important to note another billing to the law firm representing our community is coming due. Although the BLCAC Treasury has funds to pay this invoice, future legal work will require that we raise additional funds. It is important to recognize the benefit all residents are enjoying and revisit the decision some made relative to contributing to the legal fund. Bottom-line, it is not fair for those who-have-not contributed to expect their neighbors to carry the load for all. Many reasons have been given for not contributing but at the-end-of-the-day, those reasons really become excuses for not helping support the community.

Some residents have expressed concern about their working relationship with the City, or they work for the Developer who maintains a neutral position on annexation. Some claim financial hardship; there are those who claim they never pledged and some may just be unaware. Nonetheless, each and every one of those homeowners is saving tax money now and will do so as long as the lawsuit continues. Here’s the point – the fight will go on only as long as there are funds to pay the bills. YOU can make an anonymous contribution of $200 now and join your neighbors who have stood up to the forced taking of our homes. This small investment is only a fraction of the savings you have already realized. Without your financial assistance we may have to stop the anti-annexation effort. Won’t you help?

Those sitting on the sidelines can expect to be contacted personally in the future. We want to understand your concerns, answer your questions and give you the opportunity to join the rest of the neighborhood in the effort to maintain the tranquility, harmony and status of our wonderful community.

It is important for all Biltmore Lake residents to be aware of the on-going effort to stop the forced annexation of our neighborhood. As a result, based upon discussion with our attorney, Craig Justus, the below timeline is provided for your review. Should you have any questions, please contact one of the Steering Group members or send your questions via email to blcac@stopasheville.com.

Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Joe Garr, 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.

As most of you know, over 300 residents of Biltmore Lake filed a lawsuit on October 19, 2007, challenging the annexation of Biltmore Lake by the city of Asheville. The city asked for and received a 30 day extension, so the pending date for the City to respond to the Biltmore Lake lawsuit against forced annexation is December 09, 2007. Until that time, we will not know what arguments the City will use to combat the claims cited within the lawsuit.

It is clear, however, the December 31, 2007, projected date to annex Biltmore Lake will pass because of the City’s delay in proceedings. Assuming that, at a minimum, the lawsuit has delayed annexation by at least 6 months, it would appear your $200 contribution has produced a property tax savings several times that. Remember also, no annexation can be implemented until all legal action is completed.

On Monday November 12^th, the Asheville Citizen-Times published an article regarding the Biltmore Lake lawsuit. City Attorney Robert Oast was quoted as saying a lawsuit of this type could take upwards to 2 years to settle. Another very interesting statistic cited was the City’s record of success against anti-annexation lawsuits--only 50%.

Biltmore Lake’s battle against forced annexation is but one of a number of similar fights around the state. Anti-annexation groups in Tryon, Pinewild, Fayetteville, Lexington, Cary and others are also engaged in working to change this troubling practice of “taking” of one’s property. As previously reported, the BLCAC is aligned with a state-wide organization called the Fair Annexation Coalition [FAC]. Founded to work with the community groups across the state and the North Carolina Legislature, the focus of FAC is to draw attention and to change this ‘backward’ process of forcing people to “join” a municipality without being first able to vote on that possibility.

On November 27, 2007, immediately following the Biltmore Lake Homeowner’s Meeting, a brief meeting will be convened to share any new updates on the lawsuit and to answer questions residents might have. As homeowners check in for the meeting, Steering Group members will distribute 3x5 cards upon which you may write your questions. These cards will be collected, questions summarized and we will do our best to answer the questions within a projected 45-50 minute time period.

For those residents who would prefer to do so or for those who may not be able to attend the meeting, we encourage you to send your questions to the blcac@stopasheville.com email address. This provides another good way to have your questions addressed.

Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Joe Garr, 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, Contact us at blcac@stopasheville.com.

A special opportunity awaits you at the Biltmore Lake Fall Festival on November 3rd at our Club House. Representative Charles Thomas, our state legislator who introduced an anti-forced annexation bill last session, will be joining us so he can greet residents and show his continued support for the anti-annexation effort. Charles will be attending as our guest from 3pm - 5pm and is looking forward to meeting as many residents as possible. Although there are no strings attached to his visit, if you are so inclined, you may bring a check and donate to his re-election campaign.

We hope that you will use this opportunity for good fellowship and a great family outing to say a big "Thank You" to Rep. Thomas for all his efforts on our behalf. For more information on this fun event, check the Biltmore Lake Community site or contact Lynda McMillan.

Thank you for your continuing support.

On Friday, October 19, 2007, the residents of Biltmore Lake filed a lawsuit challenging the involuntary annexation by the City of Asheville. The claimants bringing the suit numbered over 300, clearly demonstrating a significant level of support by the community.

Attorney Craig Justus of the Van Winkle law firm is representing the residents of Biltmore Lake. The suit identified numerous claims, e.g., Population/Subdivision test and Use/Subdivision test, et al. as grounds for the challenge.

It is expected it will be a number of months before the Superior Court rules on the lawsuit. As long as the lawsuit is in the courts the Biltmore Lake annexation would be delayed beyond the Dec. 31, 2007 date the City of Asheville proposed. In fact, per North Carolina law, an involuntary annexation cannot proceed until pending lawsuits are settled.

We thank all those who joined in signing onto the lawsuit and the many more who contributed to the BLCAC legal fund. When the lawsuit document is available, it will be posted on our web site stopasheville.com. We will keep the community updated as events unfold, but should you have questions please contact us at blcac@stopasheville.com.

Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Joe Garr, 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.

The collective efforts of the Biltmore Lake neighborhood to fight Asheville’s forced annexation have culminated in a lawsuit being readied to be filed in Superior Court no later than October 19.

We are sending this update to all residents living in the areas proposed for annexation to ensure that you do not lose your opportunity to join the lawsuit. If you have contributed to the BLCAC legal fund you have the right to sign the petition. By doing so, you will protect your rights to any settlement that might arise from this legal action. If you haven’t contributed to the legal fund, you’ll need to do so before you sign the petition. Our attorney has advised us that you must sign now if you intend to. The courts more than likely will not allow you to join the suit later.

Volunteers from the community will be contacting all residents who have contributed to the legal fund to give you the opportunity to sign the petition, but it may be difficult to reach everyone this way. So, in addition, a signing event has been scheduled for Friday, October 12, 2007. Members of the Steering Group will be on hand to answer questions at the Biltmore Lake Clubhouse from 2:00 PM until 7:00 PM. We hope most residents who want to be a part of the lawsuit will be able to drop by and sign the petition.

The petition is a legal document and must be signed by each owner with their full legal name. If you are uncertain how your property is recorded, check your deed from the Buncombe County Registry or the Buncombe County tax bill you recently received.

Mark your calendar for Friday, October 12,2007 from 2 to 7 p.m. Stop by the clubhouse, drop off your contribution check and/or sign the petition. If you have questions or want to volunteer some time to help in this effort, please contact one of the BLCAC Steering Group members.

Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Joe Garr, 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.

Our Biltmore Lake community has a very diverse makeup. We have young families just starting out, we have those that are established but looking at years of continued employment and the financial challenges of launching the family, and we have the senior citizen (or those approaching it) contingent that are enjoying the fruits of their years of toil – perhaps on fixed incomes.

Annexation takes on different appearances for each group. The one common denominator, however, is increased taxes. To help our residents better understand the additional burden this may represent, several examples are shown below based on different property values in our area:

These costs are in addition to those currently paid to Buncombe County. Bear in mind also, that the Service Plan prepared by the city shows we will receive no increased services – more than likely less than we now enjoy – as Asheville is only required to give us the same level as the rest of the city. Then there is the issue of city ordinances and their impact on the quality of our community. There are also the nuisance taxes – dog licenses, additional vehicle tax, storm sewer usage, etc.

To more accurately determine what the added cost of city property taxes will be for your property, simply look at your recent Buncombe County Tax Bill to determine the assessed value, divide that number by 100 and multiply the result by $.4238 – the additional city tax rate. This will give you a clear picture of what it means to you. But also consider that the assessed value shown on last year’s tax bill will be higher

These out-of-the-pocket monthly costs will impact our various groups in different ways. But in the end, it means we all will have less discretionary income at our disposal for either necessities or enjoyment.

We thank those of you who have supported the BLCAC effort so far with your $200 contributions. For those of you that have pledged – it is time to honor your pledges. For those still on the sidelines, we hope the above examples demonstrate $200 is a good investment.

It has been nearly a month since the Asheville City Council voted [August 21, 2007] to adopt the Ordinance to Annex Biltmore Lake. A good summary of that information was provided on August 28^th via email and the web site located at www.stopasheville.com.

So what has happened since then? Contact with Mr. Craig Justus, the attorney hired to represent the residents of Biltmore Lake, has occurred as well as work on the detailed investigation of the specifics of the Asheville Annexation Service Plan and its related NC Statute Standards requirements. This land-use research continues with an anticipated final report within a couple of weeks.

With information from the land-use report and analysis by the attorney, a decision will be reached relative to the probable cause to file a lawsuit. It is anticipated, although not certain, claims can be found and brought forth to challenge the validity of the annexation plan. Once this information is known, Mr. Justus will then be able to meet the required deadline – October 22, 2007, - to file suit.

In the mean time, work continues at the state level. Correspondence by members of the BLCAC Steering Group has been forwarded to NC House Speaker Joe Hackney asking for his follow-through on establishing a study commission on annexation. This study was approved by a 104 affirmative vote of the House. Today it was learned the President of the Fair Annexation Coalition [a state wide organization founded to study and propose changes to the NC Annexation Statues] has confirmed a meeting with Speaker Hackney for October 3, 2007, to discuss the annexation study. The Biltmore Lake Community Action Committee [BLCAC] has been affiliated with FAC since its founding and has participated with them on legislative efforts since.

Legal fund contributions continue to be received weekly and that show of support is encouraging. A number of homeowners who had been waiting to see if Asheville would really proceed became convinced when the city council voted YES on August 21. In addition, a number of homeowners who had previously contributed have added to their contributions or have said they are prepared to contribute more if and when needed. That too is helpful and encouraging. To the residents in this class, we thank them and their increased contribution is certainly appreciated. When others have asked, they too are thanked and yet they are being encouraged to wait doing so until such time as it may become necessary as the lawsuit progresses. Those residents who have yet to offer their initial contribution are again asked to join the ranks now with those who have.

So, that’s what’s been going on. Days seem to quickly slip by and yet, it has only been 2 and ½ weeks since the last broadcast email and update to the web site. Nevertheless, we’ll do our best to keep you in the loop as we proceed. Should you have questions, please contact the Steering Group via the email address blcac@stopasheville.com. Let us know what your thoughts or concerns may be.

Steve Bratsch, Dieter Buehler, Jerry Coffey, Joe Garr, Beth Gurnack, Jerry Jensen, Carol Keleher, Bill Neuman, 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.

The City of Asheville voted on August 21^st to forcibly annex our community effective December 31, 2007. If we don’t file a lawsuit challenging this – and we must file by October 20 -- everyone owning property in Biltmore Lake will owe additional property taxes effective January 1, 2008. You also may have just received your last pre-annexation property tax bill from Buncombe County. Your current bill reflects a combined county and fire tax rate of $.60/$100 valuation. Take a minute and recalculate your bill based on a rate of $.945/$100 valuation and it will be clear why BLCAC has been fighting forced annexation for over a year.

We ask those of you who have not yet contributed to our legal fund to please do so now. Join with your friends and neighbors – over half have already contributed – so that we can file our lawsuit in the next 60 days. Whether you choose to contribute or not, you WILL benefit from our challenge against the City. The legal process will take two or more years and during that time you will not owe property taxes to the City of Asheville and you will not owe them retroactively. If the Supreme Court of North Carolina agrees with us, the annexation will be overturned.

On the legislative front, BLCAC has joined other concerned citizens across the state to oppose forced annexation (and its abuses) which the League of Municipalities lobbies in Raleigh to keep in place. The movement of the people is growing and we have succeeded in having a bill introduced to change the annexation statutes. But the law may not be changed soon enough to help us, so we must challenge the City of Asheville in court. When we file the lawsuit, every resident will enjoy an annual tax savings of $1,200 to $7,000 per year depending on the value of his or her property.

Help to preserve the beautiful community we call Biltmore Lake by sending your $200 check TODAY made out to BLCAC c/o Dieter Buehler, 93 Mountain Dr., Biltmore Lake, NC 28715.

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. For more information, visit www.stopasheville.com. Contact us at blcac@stopasheville.com.

· You should contribute because - If you don’t and annexation happens as scheduled, you will pay city property taxes in addition to county taxes. Example: @.4238/$100 valuation, the homeowner of a $300,000 home will pay an additional $1,270 each year. A home valued at $500,000 will pay an additional $2,119 each year. For your small contribution, you save thousands of $$$ in added property taxes for as long as the legal process takes to run its course.

· You should contribute because – With only part of Biltmore Lake annexed, which is the plan, you may find it harder to sell your home if it’s in competition with a like home in the county area.

· You should contribute because - Your tax $ will be used to pay for contracted services e.g., fire protection, garbage pick-up, etc. that you already pay for today.

· You should contribute because - The County’s loss of revenue from road taxes, sales taxes, utility right of way fees, etc., may result in an increase in their tax rate in addition to your “new” City taxes.

· You should contribute because – If annexed you may see a decrease in the level of police and fire protection experienced today…the standard level of service is lower in Asheville then what Biltmore Lake receives today.

· You should contribute because - You are standing up for your democratic right to have your voice heard in how you are treated by a government you had no vote in electing.

· You should contribute because – The city hires lobbyists [The League of Municipalities] with your tax $ to continue forced, involuntary annexation enabling it to collect more taxes from citizens like you.

· You should contribute because - Even if you live outside the identified boundary, it is just a matter of time before the ugly hand of involuntary annexation will beat on your door.

· You should contribute because - If you don’t, there may not be adequate financial resources to mount and sustain a legal challenge, so everyone loses – the exception being, of course, the Asheville City Council; the very group that wants your tax $ to begin with...you LOSE-they WIN and you PAY!

Attention - City Council Meeting Notice:

Tomorrow evening -- Tuesday, August 14, 2007 -- the Asheville City Council will vote on the Ordinance to Annex "part" of our community.

This vote is a necessary step in the process of annexation that a municipality must follow in order to meet the standards to satisfy the North Carolina Statute. It is a formality with generally little surprise as to the outcome of the vote.

Since the public had its opportunity to address the council the evening of July 24, 2007, the residents affected by this vote for involuntarily annexation will not be allowed to offer any comments during the August 14th meeting. The one thing we can do, however, at the Tuesday evening city council meeting, is show up wearing our standard, 'non-verbal protest' RED shirts and participate in that manner as we listen to the roll call vote.

For those of you who are planning to attend this city council meeting on Tuesday evening 8/14/07, the vote on the Annexation Ordinance is late on the agenda, therefore; arriving at the start of the council meeting at 5:00 PM is not necessary. A suggested arrival time of 7:00 PM might be more appropriate. You can learn more about the agenda by visiting the Asheville City web site at http://www.ashevillenc.gov/.

Should you have questions, please respond to this email and we will do our best to answer quickly.

Thank you for your support.

The Asheville City Council has not listened to or responded favorably to our request to STOP the forceful grab of our property; the fight continues.

There are some very-important-dates about which you need to be aware. You will want attend so your presence will be felt and your voice can heard at these public meetings.

July 02, 2007
Annexation Service Plan
Public Information Meeting @ 5:30 PM
Public Works Building
161 S. Charlotte Street
Downtown Asheville

Various Asheville City Departments will share information regarding the service to be provided should our property be annexed. Here is where you will learn what you get for the very substantial tax dollars the City will take.

July 24, 2007
Public Hearing - Biltmore Lake Annexation
City Council Meeting – meeting begins @ 5:00 PM
2^nd Floor - City Hall Building
70 Court Plaza
Downtown Asheville

This is the meeting at which Biltmore Lake homeowners will be given an opportunity to speak before the City Council. This will be the time to ask the City Council to STOP the annexation of Biltmore Lake. It is important to have a large showing of homeowners (wear your STOP annexation Red Shirt) so the City Council and the media will be reminded of the opposition to this involuntary annexation.

It is critical for all Biltmore Lake residents to be aware of the timing of various events relative to the procedure being employed for annexation of Biltmore Lake by the City of Asheville.

Here is a summary of the schedule:

One can find this and other important information on the Asheville City web site

You will find a document consisting of many pages that highlight what service will be provided, how it will be provided and the cost. It is interesting reading and you are encouraged to review this document. If you wish to read the actual report it will be available for public inspection at the office of the City Clerk.

It is important to become as knowledgeable as you possibly can to insure you have a greater appreciation of the impact this involuntary annexation will have upon you and your family.

It is not a matter of some day this may happen, I'll wait until then, it [annexation] is happening NOW. Please get involved to help fight this taking of our property by the city of Asheville.

TO: EVERYONE CONCERNED ABOUT FORCED ANNEXATION

MAY 9 COULD BE THE MOST IMPORTANT DAY IN THE 50-YEAR HISTORY OF FORCED ANNEXATION

We strongly urge each of you to attend for as much of the event as you can. This is explained at the bottom of this post. There will be significant activities to participate in from 9:00 AM until 3:30 PM. If you have only a limited amount of time, the single most important block of time will be 1:00 - 3:30 PM. We hope that everyone possible will be there for the actual Rally, at 1:00 PM. We need a sea of red, white or blue shirts.

Below the schedule, a map shows parking areas and the Meeting/Rally Area. We encourage folks to car pool. Call your friends. Work it out but please make your plans to attend.

8 - 9 AM: Set up (tents, banners, tables and chairs)

9-11 AM: Visit legislators - Meet at Rally meeting point at 9:00 am for legislator visit assignments. Teams will visit offices in the Legislative Building and Legislative Office Building. Materials will be provided to leave behind for legislators.

11-Noon: "Solidarity Walk" past North Carolina League of Municipalities outdoor luncheon for legislators and municipal officials (the Pinehurst Village Council will be there).

Noon - 1:00 PM: Lunch Break. Bring a picnic or go to a nearby eatery. Coolers can be dropped of in the tent/tabling/meeting area.

1:00-2:00 PM: Rally at Meeting Area. Speakers will include Joe Boylan and other supportive legislators as well as representatives of the John Locke Foundation, and others. We need good attendance here. This is likely to be the media focus.

2:00-3:30 PM: Visits to legislative offices not covered in the morning. All possible persons attend House and Senate sessions and be visible from the gallery.

3:30-4:00 PM: Break down tables, chairs, tents, etc.

In the center of the map you can see the location of the Legislative Building. The Rally meeting point will be DIRECTLY across the street, in the square located to the right of the Legislative Bldg on this map. The Bicentennial Mall is the space in between the History Museum and the Natural Science Museum. That is where we will gather, at the Jones Street end of the Mall.
You can also find on this map three nearby parking locations. Lot #2 is a garage with a visitor parking section. You enter the visitor section from the McDowell St. entrance and follow the signs for visitor spaces. You need to be sure that you do not park in the reserved section.

The opponents of forced annexation are having an effect. There are now 22 Bills in the Rules Committee. All are designed to make beneficial changes in the NC annexation law. First, they must be pushed out of the Rules Committee, to be passed on the floor of the House or Senate. A good showing at the Rally will help force at least some Bills out. Now is the best time EVER to put the pressure on the Legislature. This is the opportunity that many have been working on for the past two years. Please invest part of your day in the effort!

The NC League of Municipalities (NCLM) is desperately urging their members to attend, to counter the anti-forced annexation momentum that they are witnessing. The recent statewide NCLM bulletin stated "Those who are anti-annexation are working hard to make their points to legislators. We need you in Raleigh for Town Hall Day to ensure the municipal voice is heard." The NCLM is so concerned that they are misrepresenting the goals of the anti-forced annexation effort, and suggesting that our democratic stance is anti-municipal governments. Not the case. We are working to change the statutes simply to allow all residents the opportunity to have a voice in the process…the right to vote on annexation.

A very interesting Asheville City Council meeting was recently experienced by many. In addition to being a long, drawn-out affair, it proved to be a remarkable display of questionable city governing. Read more.

So, where does this leave us? The amount as well as degree of exposure and interest for reform of forced, involuntary annexation, it would seem safe to say, has provided reason for the City Council to pause in its decision to move swiftly on annexation.

First, the vote on a Resolution of Intent to Annex Biltmore Lake as well as other areas near Asheville was pulled from the City Council agenda meeting of January 9, 2007.

Second, the February 28th Asheville City Council meeting allowed “discussion” on the topic of annexation. This session provided some very interesting statements by a number of council members. No Council vote was tied to this discussion period; however, it did provide an open forum for the Council to hear the thoughts and concerns of citizens. See previously referenced AC-T articles as well as The Biltmore Beacon articles, Wednesday, March 07, 2007.

Finally, via information provided by the City Planning Department, the Mayor and Council are delaying further action on annexation until possibly June. Part of the reasoning for this mid-year timing is to allow the two new Fire Stations (one near the Hampton Inn off Brevard Road) to come on line prior to new annexation efforts. It is important to note, one element of the municipalities’ argument and logic for involuntary annexation is to provide needed and on the other-side-of-the-equation, required city services to those areas being annexed. Certainly, it is yet questionable whether this new Fire Station off Brevard Road will be able to provide the level of service Biltmore Lake receives presently from the Enka Fire Department.

It is, for now, a situation where we “keep the powder dry” as we continue to make plans, and hopefully, inroads regarding the issue of forced, involuntary annexation. That said, we can ill afford to let down our guard….the issue of Asheville’s annexation of Biltmore Lake is still very much alive.

On a related note, for those who have pledged or given their financial support, know it is greatly appreciated and for those who are still on-the-fence, please join your neighbors who are standing up to be counted in this fight. As a gentle reminder, elsewhere on this Web site you can help by contributing to the legal fund.

Thank you for your interest, your help and support. We would like to hear from you….please send us your comments.

Check your calendars. Tuesday, February 27, 2007 at 5:00 PM the Asheville City Council will hold its regular meeting. One of the topics on the agenda will be a “discussion” regarding annexation.

The Asheville City Web site is: http://www.ci.asheville.nc.us/council/agenda.htm. Once you have accessed the Web site, use the first drop down box to access the Council Agenda link and here you will find the agenda for this meeting.

If you possibly can, please consider attending this meeting. As many as 20 individuals will each have 3 minutes to offer their comments on the topic of annexation. Those who wish to be included must show up a few minutes prior to the meeting to “sign up” to be heard.

We hope you will show your support in the fight against forced, involuntary annexation by attending this meeting. We are encouraging a standing-room-only attendance to afford the city council the chance to see their opposition. Additionally, it is suggested that each person who does attend the meeting wear a Red Shirt identifying them as someone against “forced, involuntary annexation. Red being the color for Stop – Asheville involuntary annexation!

Most recently, we associated our group with the Fair Annexation Coalition (FAC), which is an organization that formed to promote change in North Carolina's involuntary annexation statutes through research, education, and sharing of information with private citizens and elected officials. The individuals at FAC have been very informative, supportive, and helpful in our efforts to stop the annexation of Biltmore Lake by the City of Asheville. In addition, FAC will conduct the following activities in furtherance of their mission:

As a matter of fact, Attorney Lydia Boesch, Legal Advisor to FAC, has already sent an excellent letter to Mayor Bellamy, the Vice Mayor, and the rest of Asheville’s City Council, on behalf of BLCAC. To view a copy of that letter <click here>. It is friends and associates like these that are going to help us make a difference in our local legal battle with the City of Asheville, and the grass-roots uprising that is gaining momentum state-wide.

In January, we were instrumental in having the January City Council Agenda changed to delay the vote on the Resolution of Intent to Annex Biltmore Lake.

In January we had the opportunity and pleasure to meet with our newly elected Representative to the North

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