Local Update:  

Biltmore Lake Annexation Update 

IMPORTANT NEWS: 

·        BILTMORE LAKE APPEALS COURT HEARING

·        NORTH CAROLINA CITIES'� LAWSUIT SEEKING TO OVERTURN PETITION PROCESS  

Reported at the 11/29/11 Annual Homeowner�s Meeting was the issue of timing regarding the Board of Elections certification of the annexation denial petitions and the date of the Biltmore Lake hearing at the Appellate Court on December 15, 2011. 

In our case, per annexation law, the BOE has until December 16, 2011 to certify the count of the denial petitions.   It is certainly possible the BOE will have completed their work prior to 12/16/11.   However, the Asheville City Attorney has stated the city will not �give up� any right it has to challenge the count or, for that matter, any other legal right in regards to the overall petition process through the 12/16/11 date.   

By overwhelming response, regardless of the timing of the certification of petitions, the residents at the Homeowner�s meeting gave authorization to proceed with the December 15^th appeals hearing and expenditure of funds to assure our attorney presents oral arguments in Raleigh.  Although confident the count will confirm the return of the necessary 60% of petitions to deny annexation, it was decided not showing for the appeal hearing may surrender our legal rights going forward.  Having come this far, it is important to keep open all channels to fight forced annexation.  

Following the decision to proceed with the Appellate Court hearing, a suggestion was made to begin the effort to raise the necessary funds to pay the cost of such action.  At the meeting, many residents pledged an additional $200 to help fund this expense.  BLCAC Treasurer Dieter Buehler is accepting checks now.  Your financial support is necessary to meet this objective.  

Predicated upon the news that a number of cities are disputing the legality of the petition process, it is difficult to determine the impact this may have on our community or the cost of our involvement in a legal battle in this regard.  We wi�ll keep you abreast of this latest development.   

Please take time to read and react to the Fair Annexation Coalition news.   

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Here at the eleventh hour, just before the various County Board of Elections are suppose to conduct the official tally of the petitions-to-deny-annexation, the cities of Lexington, Kinston, Wilmington, Goldsboro and Fayetteville have joined together to file a lawsuit seeking to overturn the petition process. The city of Rocky Mount has filed an independent suit for the same purpose. The good news is the cities had asked for a temporary restraining order to stop the Election Boards from conducting their respective tally but Judge William Pittman refused to grant the restraint. (Video on News14) But on 15 December in Wake County Superior Court (Raleigh) a preliminary injunction hearing will be held to consider preventing the Boards of Elections from certifying the petition count. 

This will be an important hearing that you should consider attending. The Superior Court is held in the Wake County Courthouse building in the 300 block of Fayetteville St, (within the 5^th block directly south of the General Assembly.) Time of day is unknown right now. 

If you cannot attend please consider contacting (call AND write) any and all legislators to urge them to pass a moratorium bill. The cities have decided to play hardball so it is now time for a moratorium on all annexations. 

The irony in these suits brought by the cities is their principle argument is that ALL the annexation legislation, even the overarching Annexation Reform Act of 2011, passed by the most recent General Assembly is unconstitutional because all city residents are not given the opportunity to vote! What a twist for the cities to now be concerned about voters rights! 

I personally believe the cities might have a case IF: 1) the petition process was a vote?it is not or 2) if the process involved �voting� someone into office?it does not. It may be tempting then to think the cities do not have a chance of winning but there is often little rhyme or reasoning to judicial judgment and since there is so much at stake, we at FAC encourage you to act. 

Lastly, it has been recommended by supporting legislators that the forced-annexation opponents obtain legal counsel to represent our interest in court. Leaders of the various citizen groups involved will be working together in the next few days to make this happen.  

Now is the time for action, 

Tony Tetterton

Fair Annexation Coalition

The BLCAC will provide additional information as it becomes available.   

Thank you for your continued support. 

12/04/2011

BLCAC Steering Group: Jerry Jensen (Chairman), Dieter Buehler (Treasurer), Steve Bratsch, Jerry Coffey, Beth Gurnack, Carol Keleher, Bill Newman and Mary Lou Sartoris. To help fund the on-going legal battle, 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.

Biltmore Lake Annexation Update 

*** Congratulations -- 90% ***  

We have reached our 90% goal for returned annexation denial petitions.   

Special thanks to the volunteer patrols and, of course, sincere thanks to all Biltmore Lake residents who signed and returned their denial petitions.   

Now, in accordance with the new law, we will wait until mid December 2011 to learn the �official� count but with a full 30% beyond the required percentage to deny annexation we have resoundingly demonstrated our opposition to FORCED ANNEXATION.   

Thank you one and all.

Biltmore Lake Annexation Update 

A significant effort to help bring awareness regarding the ability for property owners to deny forced annexation has been successful.

 We are happy to acknowledge and offer many thanks to all the volunteers who were essential to our success.  They went above and beyond the call of duty to find some of our residents.  Margie Zack drove across town to find one of our non-resident owners and then found an empty house when she arrived.  She called the number on the for-sale sign and found the owner!  Nelson Sartoris helped three other volunteers when he finished his list and was instrumental in contacting many of these residents.  And Jamie Turner through his extensive network of friends, clients and associates, was able to uncover more �votes� than any other single volunteer. 

Those are only some of the lengths to which our volunteers have gone to contact our residents.  Let u�s give a big thanks to all of them:  Beth Aldecoa, Mary Anne Allwein, Stewart Altman, Dave Beyer, Joann Bond, Steve Bratsch, Joanna Christoph, Sondra Cochran, Jerry Coffey, Heather Compton, Carol and Clay Dangerfield, Peggy and Ed Drane, Denise Frey, Blaine Greenfield, Earl and Nancy Hall, Perry Hebard, Jerry Hinz, Lynda Jackson, Cindy Krimmelbein, Dennis and Marlene Kwiatkowski, Mike Lloyd, Lee and Amy Loy, Kim McCurdy, Kristi Mizen, Kevin Monacelli, Chris Pollak, Jim and Kim Preish, Tom and Dianne Rebbin, Tiffany Salido, Nelson Sartoris, Terry Scholl, Fred Smith, Sandy Teach, Lew Tuch, Jamie Turner, Rob Webster and Jo Miller, Debbie and Barry Widen, and Margie Zack. 

It is encouraging following only four weeks of activity, thanks to the Biltmore Lake property owners targeted for annexation and all of these volunteers, the following �unofficial count� can be reported: 394 denial petitions returned = 85%.   

The Steering Group and the �foot patrol� volunteers know there still are property owners who have yet to return their petition but are planning to do so.  We are getting much closer to the 90% goal so we encourage those who have yet to return their petition to please do so soon. 

We need your help and we� are counting on you. 

Thank you one and all.  

Further updates will be issued as more information becomes available.  You may contact us via blcac@stopasheville.com or call any Steering Group member.  Check the web site www.stopasheville.com for previous annexation updates, etc. 

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8/23/2011

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

Biltmore Lake Annexation Update 

We�re on our way!  A large number of BL residential property owners have reported returning their petitions.  Returned as well are the 44 denial petitions for parcels titled to the Biltmore Lake Association for common land (trails, clubhouse, etc.).    

The new law requires petition returns of 60% to stop annexation.  With pleasure, we are happy to report this first week, we are nearly half the way there. We have a ways to go, but think how exciting it will be when we actually exceed the BL 90% goal for returned petitions.  We need a solid commitment to reach these goals, so please don�t delay acting on this important �new right� of voting your choice against forced annexation.  If we squeak by with barely 60%, we can almost be assured the city of Asheville will come after us again in three years.  So, if you don't want to be burdened by additional taxes with no additional services and plenty of new regulations, please return your petition and encourage your neighbors to do as well; and, let's send a strong message to the city to not try this again.   

Instructions printed on the petition state you may return your petition in person to the BOE office or return it via the US Mail in the addressed envelope included with the petition.  You are encouraged to do so immediately.  It is recommended each property owner maintain a photo copy of their signed, returned petition.   

Biltmore Lake volunteer neighborhood foot-patrols have been dispatched canvassing door-to-door to help answer questions property owners may have as well as asking everyone to inform us when they return their petitions.  To keep track of our progress, when you send in your petition, you are urged to please contact:   

Dieter Buehler (665-7290 dbuehler38@gmail.com ) or Mary Lou Sartoris (665-0407 marylousartoris@charter.net ).  

Should you have any questions or need help beyond the foot patrol assistance, please contact us via blcac@stopasheville.com or call any Steering Group member.  Check the web site www.stopasheville.com for previous annexation updates, etc. 

Another update will follow as more or new information becomes available.   

08/01/2011 

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

Biltmore Lake Annexation Update

Beginning this week (July 18, 2011), the County Board of Elections will mail annexation denial petition letters to those Biltmore Lake property owners including the Enka Village residents living on Lake Drive and Hillcrest affected by the proposed annexation.  Although we have asked for an advanced sample-copy and the specific mail date, we are unaware at this time when the mailings will occur. Nonetheless, please look for a letter from the Buncombe County Board of Elections and please do not lose or discard that letter. 

A properly signed petition MUST be returned to the Board of Elections in order to count as one of those necessary to reach the 60% level to deny annexation.  Please be aware all petitions not returned will count as a YES vote FOR annexation.  Therefore, it is critically important for all property owners to sign and return their petition. 

The Board of Elections will not include an envelope in which to return your petition.  Nevertheless, you can sign the petition and mail it to the election board or hand-deliver it to their office. Additionally, the Steering Group is proposing two additional options. We are exploring the possibility for property owners to drop off their signed petition at the clubhouse at a designated time (for example 2:00 PM to 7:00 PM) on a given date (TBD) for collection and to be hand delivered en masse to the election board.  In conjunction with this, another potential option is to call Beth Gurnack (670-1423), who heads up a group of BL volunteers willing to come by your home and pick up the signed petition. 

Although the law allows 130 days for petitions to be returned, we believe to wait is folly.  A strongly united community should overwhelmingly demonstrate their resolve by returning denial petitions within 30 days.  This amount of time (30 days) will afford those property owners with out-of-town mailing addresses to receive their letter/petition, sign it and return the petition as quickly as possible.  

Believing it is important to send a clear and resounding statement to the city of Asheville regarding forced annexation; our goal is not just the necessary 60%.  We believe our goal to deny annexation should be at least 90%, and as best as is possible to keep track of the returned petitions, we are asking your cooperation to inform either Dieter Buehler (665-7290 dbuehler38@gmail.com ) or Mary Lou Sartoris (665-0407 marylousartoris@charter.net ) when you have signed and returned your petition.  With this tally, we can help determine progress toward the goal.  Please note, even if you were unable to contribute to the legal fund, it is important to sign and return your petition.

Your no vote will save all Biltmore Lake residents thousands of additional dollars in taxes and keep us from having to comply with the additional burdens of living in the city of Asheville.  At this stage, returning your denial petition remains one of the single most important things you can do for your family and your neighbors.   

As soon as we have more information, we will send another update to share that specific information as well as announce the date for petition collection. 

Should you have any questions, please contact us via blcac@stopasheville.com  or call any of the Steering Group members.  If I can help, call me, Jerry Jensen, at 670-1765.

07/18/2011

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

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. 

Biltmore Lake Annexation Update 

House Bill 845 - the 2011 Annexation Reform Bill - becomes law

effective midnight 6/30/2011. 

Following passage in the General Assembly, this historic legislation was sent to the Governor for signature.  Governor Perdue did not endorse the bill; instead allowed it to become law without her signature.   

H 845 was the culmination of the tireless efforts of many citizens across the state.  Thanks to all of you who called or emailed the legislators in support of this reform.  The text of this bill provides detail of the annexation law with the many reform changes.  

Click here to review the bill: http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H845v6.pdf 

One of the primary changes afforded by H 845 is the ability of those threatened with forced annexation to sign a petition denying that annexation.  This 'voice' of the people is once again possible after being absent from North Carolina law for over 50 years.  

In addition to H 845, as most of you know, House Bill 56, which directly affects Biltmore Lake, has been enacted.  The details of the 'petition process', similar to that of H 845 are spelled out, but questions remain.  Note the effective date of HB 56 was June 18^th; the county tax assessor has 30 days (due July 18) to prepare a list of the real property parcels within the proposed area to be annexed and forward such list to the board of elections who will prepare petitions for the real property owners to sign opposing the annexation ordinance.  The board of elections will accept signatures until 130 days after mailing the petitions.   

Suffice to say, there will be considerable follow-up work required to make sure all affected residents are up to speed and do their part to correctly complete and return their part of the petition.  We will be looking for volunteers to help with this effort. 

As soon as answers regarding the petition procedures are available, the Steering Group will conduct an informational meeting and a Q&A session.   

06/30/2011 

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.

Biltmore Lake Annexation Update 

Good News for Annexation Reform Proponents 

House Bill 56 has been ratified and will become law. 

http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H56v4.pdf 

Per this new law, the Biltmore Lake annexation will be suspended pending the outcome of a petition protest to be conducted in accordance with the requirements of this bill.  Mr. Craig Justus, our attorney, has been asked to engage the City Attorney relative to a �stay� of the appeal process. 

As you read H 56, no doubt questions will come to mind.  The details of a petition to deny annexation are spelled out but there is need for greater clarification and process definition.  Recall not all homes presently built within the Biltmore Lake community existed back on May 22, 2007 when the annexation attempt began.  And, there have been sales of homes within the annexation boundary area and these new owners will be eligible to sign the protest petition, etc.  These elements and others will be addressed and clarified so we can be certain to obtain the 60% of property owner�s signatures for denial of the forced annexation.   

In addition to H 56, House Bill 845 � the 2011 Annexation Reform Bill has been ratified and is being sent to the Governor for signature.  H 845 is the reform bill that many citizens across the state worked to achieve.  Thanks to all of you who called or emailed the legislators in support of this reform.  The text of this bill provides detail of the annexation law with the many reform changes.  

http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H845v6.pdf  

As a grassroots organization seeking true reform, we�ve come a long way.  As a neighborhood asking to remain independent, we�re almost there.  A positive response to the petition to deny annexation will complete the circle.  Following some petition clarification, another update will be provided.  During the interim, please write a

Thank You note to ALL legislators for their work to reform North Carolina�s annexation laws.   

You may copy - paste the names into your address To: of your email: 

Senate Members 

Austin.Allran@ncleg.net,  Tom.Apodaca@ncleg.net,  Phil.Berger@ncleg.net,  Stan.Bingham@ncleg.net,  Harris.Blake@ncleg.net,  Andrew.Brock@ncleg.net,  Harry.Brown@ncleg.net,  Peter.Brunstetter@ncleg.net,  Debbie.Clary@ncleg.net,  Warren.Daniel@ncleg.net,  Jim.Davis@ncleg.net,  Don.East@ncleg.net, James.Forrester@ncleg.net,  Thom.Goolsby@ncleg.net, Rick.Gunn@ncleg.net, Kathy.Harrington@ncleg.net, Fletcher.Hartsell@ncleg.net, Ralph.Hise@ncleg.net, Neal.Hunt@ncleg.net, Brent.Jackson@ncleg.net, Wesley.Meredith@ncleg.net, Buck.Newton@ncleg.net, Louis.Pate@ncleg.net, Jean.Preston@ncleg.net, Bill.Rabon@ncleg.net, David.Rouzer@ncleg.net, Bob.Rucho@ncleg.net, Dan.Soucek@ncleg.net, Richard.Stevens@ncleg.net, Jerry.Tillman@ncleg.net, Tommy.Tucker@ncleg.net, Bob.Atwater@ncleg.net,  Doug.Berger@ncleg.net, Dan.Blue@ncleg.net, Daniel.Clodfelter@ncleg.net, Charlie.Dannelly@ncleg.net,  Linda.Garrou@ncleg.net, Malcolm.Graham@ncleg.net, Clark.Jenkins@ncleg.net, Edward.Jones@ncleg.net, Ellie.Kinnaird@ncleg.net, Eric.Mansfield@ncleg.net, Floyd.McKissick@ncleg.net, Martin.Nesbitt@ncleg.net, William.Purcell@ncleg.net, Gladys.Robinson@ncleg.net, Josh.Stein@ncleg.net, Don.Vaughan@ncleg.net, Michael.Walters@ncleg.net, Stan.white@ncleg.net

 House Representatives 

Marilyn.Avila@ncleg.net; Jeff.Barnhart@ncleg.net; Hugh.Blackwell@ncleg.net; John.Blust@ncleg.net; Jamie.Boles@ncleg.net; Glen.Bradley@ncleg.net; Bill.Brawley@ncleg.net; Rayne.Brown@ncleg.net; Harold.Brubaker@ncleg.net; Justin.Burr@ncleg.net; George.Cleveland@ncleg.net; Jeff.Collins@ncleg.net; Bill.Cook@ncleg.net; Jim.Crawford@ncleg.net; Bill.Current@ncleg.net; Leo.Daughtry@ncleg.net; Jimmy.Dixon@ncleg.net; Jerry.Dockham@ncleg.net; Nelson.Dollar@ncleg.net; John.Faircloth@ncleg.net;  Dale.Folwell@ncleg.net; Phillip.Frye@ncleg.net; Mike.Hager@ncleg.net; Kelly.Hastings@ncleg.net; Mark.Hilton@ncleg.net; Mark.Hollo@ncleg.net; Bryan.Holloway@ncleg.net; Craig.Horn@ncleg.net; Julia.Howard@ncleg.net; Pat.Hurley@ncleg.net; Frank.Iler@ncleg.net; Dan.Ingle@ncleg.net; Bert.Jones@ncleg.net; Jonathan.Jordan@ncleg.net; Carolyn.Justice@ncleg.net; Ric.Killian@ncleg.net; James.Langdon@ncleg.net; Stephen.LaRoque@ncleg.net; David.Lewis@ncleg.net; Danny.McComas@ncleg.net; Darrell.McCormick@ncleg.net; Pat.McElraft@ncleg.net; William.McGee@ncleg.net; Chuck.McGrady@ncleg.net; Grey.Mills@ncleg.net; Tim.Moffitt@ncleg.net; Tim.Moore@ncleg.net; Tom.Murry@ncleg.net; Gaston.Pridgen@ncleg.net; Shirley.Randleman@ncleg.net; Ray.Rapp@ncleg.net; Johnathan.Rhyne@ncleg.net; Efton.Sager@ncleg.net; Ruth.Samuelson@ncleg.net; Norman.Sanderson@ncleg.net; Mitchell.Setzer@ncleg.net; Phil.Shepard@ncleg.net; Paul.Stam@ncleg.net; Edgar.Starnes@ncleg.net; Fred.Steen@ncleg.net; Sarah.Stevens@ncleg.net; Michael.Stone@ncleg.net; Thom.Tillis@ncleg.net; John.Torbett@ncleg.net; Harry.Warren@ncleg.net; Roger.West@ncleg.net; Alice.Bordsen@ncleg.net; Kelly.Alexander@ncleg.net; Martha.Alexander@ncleg.net; Larry.Bell@ncleg.net; Alice.Bordsen@ncleg.net; Marcus.Brandon@ncleg.net; William.Brisson@ncleg.net; Angela.Bryant@ncleg.net; Becky.Carney@ncleg.net; Tricia.Cotham@ncleg.net; Beverly.Earle@ncleg.net; Bill.Faison@ncleg.net; Jean.Farmer-Butterfield@ncleg.net; Susan.Fisher@ncleg.net; Elmer.Floyd@ncleg.net; Rosa.Gill@ncleg.net; Mitch.Gillespie@ncleg.net; Rick.Glazier@ncleg.net; Ken.Goodman@ncleg.net; Charles.Graham@ncleg.net; David.Guice@ncleg.net; Joe.Hackney@ncleg.net; Phillip.Haire@ncleg.net; Larry.Hall@ncleg.net; Susi.Hamilton@ncleg.net; Pricey.Harrison@ncleg.net; Dewey.Hill@ncleg.net; Verla.Insko@ncleg.net; Darren.Jackson@ncleg.net; Maggie.Jeffus@ncleg.net; Linda.Johnson2@ncleg.net; Bert.Jones@ncleg.net; Patsy.Keever@ncleg.net; Marvin.Lucas@ncleg.net; Paul.Luebke@ncleg.net; Grier.Martin@ncleg.net; Frank.McGuirt@ncleg.net; Marian.McLawhorn@ncleg.net; Mickey.Michaux@ncleg.net; Annie.Mobley@ncleg.net; Rodney.Moore@ncleg.net; Bill.Owens@ncleg.net; Diane.Parfitt@ncleg.net; Earline.Parmon@ncleg.net; Garland.Pierce@ncleg.net; Deborah.Ross@ncleg.net; Tim.Spear@ncleg.net; Joe.Tolson@ncleg.net; William.Wainwright@ncleg.net; Edith.Warren@ncleg.net; Jennifer.Weiss@ncleg.net; Winkie.Wilkins@ncleg.net; Larry.Womble@ncleg.net; Michael.Wray@ncleg.net;

************ 

06/19/2011 

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@stopashev

Biltmore Lake Annexation Update 

It is important to contact All NC Senators immediately. 

The Senate Finance Committee is scheduled to vote on the 2011 Annexation Reform Bill (H845) tomorrow afternoon 6/14/2011 at their 1:00 PM meeting.  Following a positive vote by the Finance Committee, the bill will go to the Senate floor for deliberation and a vote.  It is critically important to let ALL Senators know your desire for passage of annexation reform.  H 845 establishes the right for homeowners - confronted with forced annexation - to sign a petition opposing that annexation.   

Contact the Senators with your message asking for their YES vote for H 845.  You may copy-paste the below list of Senators' names into the To: for sending your email. 

Austin.Allran@ncleg.net,  Tom.Apodaca@ncleg.net,  Phil.Berger@ncleg.net,  Stan.Bingham@ncleg.net,  Harris.Blake@ncleg.net,  Andrew.Brock@ncleg.net,  Harry.Brown@ncleg.net,  Peter.Brunstetter@ncleg.net,  Debbie.Clary@ncleg.net,  Warren.Daniel@ncleg.net,  Jim.Davis@ncleg.net,  Don.East@ncleg.net, James.Forrester@ncleg.net,  Thom.Goolsby@ncleg.net, Rick.Gunn@ncleg.net, Kathy.Harrington@ncleg.net, Fletcher.Hartsell@ncleg.net, Ralph.Hise@ncleg.net, Neal.Hunt@ncleg.net, Brent.Jackson@ncleg.net, Wesley.Meredith@ncleg.net, Buck.Newton@ncleg.net, Louis.Pate@ncleg.net, Jean.Preston@ncleg.net, Bill.Rabon@ncleg.net, David.Rouzer@ncleg.net, Bob.Rucho@ncleg.net, Dan.Soucek@ncleg.net, Richard.Stevens@ncleg.net, Jerry.Tillman@ncleg.net, Tommy.Tucker@ncleg.net,

Bob.Atwater@ncleg.net,  Doug.Berger@ncleg.net, Dan.Blue@ncleg.net, Daniel.Clodfelter@ncleg.net, Charlie.Dannelly@ncleg.net,  Linda.Garrou@ncleg.net, Malcolm.Graham@ncleg.net, Clark.Jenkins@ncleg.net, Edward.Jones@ncleg.net, Ellie.Kinnaird@ncleg.net, Eric.Mansfield@ncleg.net, Floyd.McKissick@ncleg.net, Martin.Nesbitt@ncleg.net, William.Purcell@ncleg.net, Gladys.Robinson@ncleg.net, Josh.Stein@ncleg.net, Don.Vaughan@ncleg.net, Michael.Walters@ncleg.net, Stan.white@ncleg.net 

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 06/13/2011 

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

 BILTMORE LAKE ANNEXATION UPDATE

 05/13/2011 

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. 

Biltmore Lake Annexation Update 

House Bill 236 – Biltmore Lake Annexation Repeal passed the House Finance Committee and will be heard on the

House Floor Monday evening March 28, 2011! 

Here is the text of H236 http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H236v0.pdf 

It will be most supportive and helpful to our Representative, Tim Moffitt, who has been pushing this issue on our behalf to weigh in on this matter with members of the House.   Below is a draft of a note you may wish to use as a guideline that addresses the main point.  You may, however, want to use your own comments to make it more personal. 

"Dear Representative, 

I note that H236, the Repeal of Forced Annexation of Biltmore Lake by Asheville will be presented to the House on Monday, March 28, 2011

 This, along with other annexation reform legislation, is long overdue.  Voters across our state have been patiently waiting for reforms of NC statutes regarding annexation.   A soon to be introduced Annexation Reform Bill will hopefully address the many inadequacies of the present law.  Nonetheless, in the interim, repealing the aggressive overreach of Asheville against its County neighbors is necessary.  

 Please support H236 - Biltmore Lake Annexation Repealed and let’s start the process on real annexation reform.  The time has come to move forward on this matter of importance to our citizens. 

I thank you for your service to our state, and remain respectfully, 

For contact information for House Representatives, go to the NC General Assembly site, http://www.ncga.state.nc.us/ link to House Information, then Contact Information, then House Member Reports.   Here you have two options - a list with each member and their e-mail address, or you can use a bulk mail link houseE-mail@ncleg.net which sends a mass e-mailing.  Nonetheless, we understand the best way to be read and heard is to use the Representatives individual e-mail address. 

Please take a few minutes to THANK Rep. Moffitt for his leadership in this effort.  His email address and phone number is provided here for your ease in contacting him. 

Tim.Moffitt@ncleg.net     919-715-3012 

03/26/2011 

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.

 Biltmore Lake Annexation Update

 Apparently some senators in the NC Senate are getting "cold feet" pertaining to the local bills on forced annexation.  (For example -- as in our case -- the local bills Tim Moffitt has sponsored:  a) to repeal the forced annexation of Biltmore Lake Community and 2) a moratorium on forced annexation in Buncombe County.)  

They are called "local bills" because they pertain to a specific locality.  There are several other local bills that would protect other local areas across North Carolina who also face an aggressive municipality.

The gist of the message contained below is that we need to urge the Senators to "put the local bills on the calendar in regular committees for passage."   Also, we are being asked to find out if the senator supports the local bills or not, and report that information back.

Please take some time to make some phone calls or write some letters to the senators listed below.  Most effective ways to contact legislators:  1) personal scheduled visit, 2) letter via regular mail, 3) phone call, 4) email.

Let's let Raleigh hear another round of voices from the mountains!

Thank you SO much!  

It has been pointed out this newsletter, at first distribution, did not specifically state the urgent action needed. While we mention below there is an acceptable plan for S27 (Moratorium) in the House, the Senate needs to be urged to consider the LOCAL bills in order that those communities under the gun right now are protected. Please urge the Senate to put the bills on the calendar in regular committees for passage. Ask the Senator if he/she supports the local bills and report that information back to us please. 

hings are happening every day at the General Assembly in Raleigh. The House has placed SB 27, the “Moratorium” bill, in the House Rules Committee, which for years has been a graveyard where bills go to die. On the Senate side, word is that there is no enthusiasm on the part of the Republican majority for the recently received House local bills. 

Last night, Tony Tetterton, FAC Vice President, attended a dinner in Nash County where Speaker of the House Thom Tillis addressed the gathering. The Speaker clarified the plan for SB 27, which is to hold it in Rules until April 1 and if the League of Municipalities has not “signed on” to the reform bill by that date, SB 27 would pass the House in rapid fashion. The intent obviously is to not have to worry about a veto proof majority for the reform bill. The Speaker is very aware of the situation of those communities currently undergoing annexation, and this is why their local bills are moving through the House. But the bills apparently face an uphill battle in the Senate.

For years now we have been sending out newsletters. Many of you have acted when asked. Some have not but NOW is the time for all of us to pick up the phones, get on the computer to write our Senators, or better yet, see them in person. Please do SOMETHING. 

The new Senate majority must hear from us. The Senate decision to act will likely be made behind the scenes during normal Senate Republican caucus meetings. Call, write and visit BEFORE that meeting. Use what follows as your guide: (If calling or visiting, please remember the legislatures week is Monday through Thursday lunch.) 

·         The Senate is sitting on House passed local bills that would bring relief to victims of abusive cities.

o        “Local bills” are important because they do NOT have to be signed by the Governor. 

·         Here are the excuses we've heard:

o        If we approve one, where will it stop? (This is the one thing that scares the Senators the most)

            We ask, is there really a time limit on justice and doesn't this sound like they are willing to turn a blind eye to an injustice?

o        It would be "meddling" in local affairs.

               We say: Didn't the General Assembly give the cities the power to annex in the first place? Didn't they abuse it? (Unequivocally, YES)

o        Let the courts decide.

            This is almost laughable; the citizens go into court with a gagged mouth and the judges are required to wear blinders. A NC Supreme Court Justice even said “…there is no room for judicial construction” and “Plaintiffs’ remedy lies with the General Assembly.” In other words, only the General Assembly can help us.

·         The powerful lobbying arm of the League of Municipalities has thwarted annexation reform for too long and continues to be defiant, continuing to pretend to respond to citizens’ “legitimate concerns” with their 20 “changes.” Why is the League now given consideration when it wants to play by outdated rules and remains inflexible?

·         Victims of forced annexation have had NO local representation; we cannot vote for city officials that would impose their laws, previous debt, and taxes on us. This is why we have sought relief from the General Assembly

·         The current legislature gained power by an overwhelming concern of citizens worried about government running amok. Forcedannexation in North Carolina is running amok. It is time for THIS legislature to fix this.

 For a printer friendly version of this information download the PDF HERE

Below is a list of the decision makers to copy/paste in your email "To:" column:

"Senator Andrew Brock" <Andrewb@ncleg.net> , "Senator Austin Allran" <Austina@ncleg.net> , "Senator Bill Rabon" <Bill.Rabon@ncleg.net> , "Senator Bob Rucho" <Bob.Rucho@ncleg.net> , "Senator Brent Jackson" <Brent.Jackson@ncleg.net> , "Senator Buck Newton" <Buck.Newton@ncleg.net> , "Senator Dan Soucek" <Dan.Soucek@ncleg.net> , "Senator David Rouzer" <David.Rouzer@ncleg.net> , "Senator Debbie Clary" <Debbie.Clary@ncleg.net> , "Senator Don East" <Done@ncleg.net> , "Senator Fletcher Hartsell" <Fletcherh@ncleg.net> , "Senator Harris Blake" <Harrisb@ncleg.net> , "Senator Harry Brown" <Harryb@ncleg.net> , "Senator Jean Preston" <Jeanp@ncleg.net> , "Senator Jerry Tillman" <Jerryt@ncleg.net> , "Senator Jim Davis" <Jim.Davis@ncleg.net> , "Senator Jim Forrester" <Jamesf@ncleg.net> , "Senator Kathy Harrington" <Kathy.Harrington@ncleg.net> , "Senator Louis Pate" <Louis.Pate@ncleg.net> , "Senator Neal Hunt" <Nealh@ncleg.net> , "Senator Pete Brunstetter" <Peterb@ncleg.net> , "Senator Phil Berger" <Philbe@ncleg.net> , "Senator Ralph Hise" <Ralph.Hise@ncleg.net> , "Senator Richard Stevens" <Richards@ncleg.net> , "Senator Rick Gunn" <Rick.Gunn@ncleg.net> , "Senator Stan Bingham" <Stanb@ncleg.net> , "Senator Thom Goolsby" <Thom.Goolsby@ncleg.net> , "Senator Tom Apodaca" <Toma@ncleg.net> , "Senator Tommy Tucker" <Tommy.Tucker@ncleg.net> , "Senator Warren Daniel" <Warren.Daniel@ncleg.net> , "Senator Wesley Meredith" Wesley.Meredith@ncleg.net,

We have to put the pressure on them,

Doug Aitken

Fair Annexation Coalition

 3/16/2011 

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. 

Biltmore Lake Annexation Update 

A little news:

Today Rep. Tim Moffitt filed House Bill 236 - Biltmore Lake Annexation Repealed.

http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H236v0.pdf

This bill is similar to H5 Kinston Annexation Repealed and H37 Lexington Annexation Repealed bills that passed the House yesterday and will be sent to the Senate.  Providing they pass the Senate, these two bills will become law without Governor Perdue's signature.  BTW, both local Buncombe Reps. Keever and Fisher voted NO to the Kinston and Lexingtonrepeal bills.

H236 presumably will experience opposition from Asheville, the League of Municipalities as well as Rep. Fisher and possibly Rep. Keever.  We'll have to see how it plays out.  Rep.Keever has, however, promised she will vote YES for a moratorium. 

In other annexation news, Senate Bill 27 - Involuntary Annexation Moratorium passed the Senate yesterday on a 38-11 vote.  Both local Senators Apodaca and Nesbitt voted YES.  This bill is on its way to the House now.  It would be a nice gesture to send a Thank You note to Rep. Moffitt as well as Senators Apodaca and Nesbitt.  

Rep Tim Moffitt -- Tim.Moffitt@ncleg.net  

Senator Tom Apodaca – Tom.Apodaca@ncleg.net

Senator Martin Nesbitt -- Martin.Nesbitt@ncleg.net  

For more important additional information regarding annexation activity, please read the FAC update reproduced below.  

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

There has been some rapid movement in both the Senate and the House on various annexation bills. 

We need to really work hard to keep the momentum going. 

First the Senate: There has been good movement on SB 27, the Moratorium Bill. I expect it to be voted upon on the floor on Thursday and moved to the House side very soon. 

You should be aware that the position the NCLM has taken is to forego the Moratorium Bill and move directly to the Annexation Reform bill. It is obvious the League wants to rush through a reform bill to keep any changes to a minimum. They have touted their "Twenty Points", which really should be called "Twenty Tweaks."  

It is obvious the General Assembly needs to pass the Moratorium Bill as soon as possible, so work can continue on the Annexation Reform bill -- a bill which would encompass realreform, and which would not allow the decades of abuse to continue. 

Second the House: So, I am asking that you write, call, visit, and e-mail Speaker of the House Thom Tillis to let him know your feelings about the Moratorium Bill. Be sure to thank him for his support of the various local bills he has allowed be heard, but stress the importance of quick action on the Moratorium BIll.  

Here is his contact information: 

Representative Thom Tillis

Speaker of the House

16 W. Jones Street, Room 2304 
Raleigh, NC 27601-1096  

Phone: 919-733-3451 Email: Thom.Tillis@ncleg.net  

Numerous local bills are in various stages of activity in the House. "HB 5 Kinston Annexation Repealed," and "HB 37 Lexington Annexations Repealed" have both passed their third reading and are on their way to the Senate this week. "HB 56, Rocky Mount Annexations Repealed," "HB 180 Wilmington Annexation Suspension," "HB196 for Goldsboro Deannexation," are in line to be heard in the House Government Committee. In addition, Rep William Brisson will introduce a local bill in a day or so to throw out Wilmington's annexation of Monkey Junction.  

Here is a potential problem: I have heard that some Senators are not "hot" on these local bills. The words I have heard are "We should not be meddling in municipality business." 

First, the General Assembly is the body that incorporates each city. Second, the General Assembly has delegated the authority to annex to the city, but has always retained the right to annex or de-annex. Ultimate responsibility for annexation rests with the General Assembly. One only has to look at the number of "local" bills introduced each year to shoot large holes in the theory that the General Assembly is "meddling" in the city's business. 

And, why the bills to stop ongoing annexations, or in Goldsboro's case, to deannex? 

The answer is simple really: Justice. Or, if you prefer, Equity. 

There has been neither justice nor equity for the annexed citizen under the current law. If you think there has been justice, please show me where. In the courts? Nope. The courts are limited to reviewing three procedural items only. The courts have demonstrated to we citizens time and again that their hands are tied, and have told us, if we want justice, then our avenue should be with the legislature.  

And as far as the plight of those cities who "have done it right and in good faith," well, I am sorry about that. My concern is with the citizen who has "done it right and in good faith" and who has gotten screwed every time. 

To those elected officials who are concerned with all the above, my final thought is that the Constitution of the State of North Carolina, Article One (Bill of Rights) Section Two, says,"All political power is vested in and derived from the people; all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole." 

I see nothing in this Article about "all power resting in the cities", nor "any government of right originating with the cities." 

Let all fifty Senators know they have a chance to, for once, provide justice to the people of North Carolina, and we expect them to do so. 

Sincerely 

Doug Aitken

Fair Annexation Coalition

If you wish to send a generic email to all the Senators at once, you can copy paste this into your "To:" line...

"Sen Andrew Brock" <Andrewb@ncleg.net>,  "Sen Austin Allran" <Austina@ncleg.net>,  "Sen Bill Purcell" <Williamp@ncleg.net>,  "Sen Bill Rabon" <Bill.Rabon@ncleg.net>,  "Sen Bob Atwater" <Boba@ncleg.net>,  "Sen Bob Rucho" <Bob.Rucho@ncleg.net>,  "Sen Brent Jackson" <Brent.Jackson@ncleg.net>,  "Sen Buck Newton" <Buck.Newton@ncleg.net>,  "Sen Charlie Dannelly" <Charlied@ncleg.net>,  "Sen Clark Jenkins" <Clarkj@ncleg.net>,  "Sen Dan Blue" <Dan.Blue@ncleg.net>,  "Sen Dan Clodfelter" <Danielc@ncleg.net>,  "Sen Dan Soucek" <Dan.Soucek@ncleg.net>,  "Sen David Rouzer" <David.Rouzer@ncleg.net>,  "Sen Debbie Clary" <Debbie.Clary@ncleg.net>,  "Sen Don East" <Done@ncleg.net>,  "Sen Don Vaughan" <Don.Vaughan@ncleg.net>,  "Sen Doug Berger" <Doug.Berger@ncleg.net>,  "Sen Ed Jones" <Edwardj@ncleg.net>,  "Sen Ellie Kinnaird" <Ellie.Kinnaird@ncleg.net>,  "Sen Eric Mansfield" <Eric.Mansfield@ncleg.net>,  "Sen Fletch Hartsell" <Fletcherh@ncleg.net>,  "Sen Floyd McKissick" <Floydm@ncleg.net>,  "Sen Gladys Robinson" <Gladys.Robinson@ncleg.net>,  "Sen Harris Blake" <Harrisb@ncleg.net>,  "Sen Harry Brown" <Harryb@ncleg.net>,  "Sen Jean Preston" <Jeanp@ncleg.net>,  "Sen Jerry Tillman" <Jerryt@ncleg.net>,  "Sen Jim Davis" <Jim.Davis@ncleg.net>,  "Sen Jim Forrester" <Jamesf@ncleg.net>,  "Sen Josh Stein" <Josh.Stein@ncleg.net>,  "Sen Kathy Harrington" <Kathy.Harrington@ncleg.net>,  "Sen Linda Garrou" <lindag@ncleg.net>,  "Sen Louis Pate" <Louis.Pate@ncleg.net>,  "Sen Malcolm Graham" <Malcolmg@ncleg.net>,  "Sen Martin Nesbitt" <Martinn@ncleg.net>,  "Sen Michael Walters" <Michael.Walters@ncleg.net>,  "Sen Neal Hunt" <Nealh@ncleg.net>,  "Sen Pete Brunstetter" <Peterb@ncleg.net>,  "Sen Phil Berger" <Philbe@ncleg.net>,  "Sen Ralph Hise" <Ralph.Hise@ncleg.net>,  "Sen Richard Stevens" <Richards@ncleg.net>,  "Sen Rick Gunn" <Rick.Gunn@ncleg.net>,  "Sen Stan Bingham" <Stanb@ncleg.net>,  "Senator Stan White" <Stan.White@ncleg.net>,  "Sen Thom Goolsby" <Thom.Goolsby@ncleg.net>,  "Sen Tom Apodaca" <Toma@ncleg.net>,  "Sen Tommy Tucker" <Tommy.Tucker@ncleg.net>,  "Lt. Gov Walter Dalton" <Walter.Dalton@nc.gov>,  "Sen Warren Daniel" <Warren.Daniel@ncleg.net>,  "Sen Wesley Meredith" <Wesley.Meredith@ncleg.net>, 

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

03/03/2011 

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.

                                                                     Biltmore Lake Annexation Update 

Please check your local TV news broadcast on WLOS (Channel 13) tonight, March 3, 2011 at 11:00 p.m. for an important new update on Biltmore Lake Annexation. 

3/3/2011 

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. 

Biltmore Lake Annexation Update