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 State’s
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)
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.
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)
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.
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)
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
|