Correspondence on SB 494

1. Lydia Boesch
2. Tom Warren
3. Tom Clark
4. Carol Keleher
5. Jane Darwin
6. Walter Wilson
7. Ted & Julie Perkins
8. Ron Cherep
9. Ray Shamlin
10. Dieter Buehler

11. Gary & Jennie Galloway
12. Marie Howell
13. Kathy Warren

The Honorable Richard Stevens
406 Legislative Office Building
Raleigh , North Carolina

            Re:       Annexation Reform

Dear Senator Stevens:
            As a member of the Annexation Subcommittee of the Senate Finance Committee, please keep in mind the history of the fight to reform North Carolina ’s archaic annexation statutes and the nature of this fight.  

Brief History

             The House Select Committee on Municipal Annexation held several hearings last year.  They listened to more than nine hours of citizen testimony and recommended one thing:  a moratorium on all involuntary annexations to allow the General Assembly to study annexation reform in depth.  That annexation moratorium bill passed overwhelmingly in the House, but was killed in the Senate by Rules Committee Chair, Tony Rand.  Representatives Bruce Goforth and Paul Luebke, co-chairs of the House Select Committee, will tell you that the involuntary annexation statutes are broken and are causing significant harm to North Carolina citizens.

             In last year’s legislative session, the Senate and House formed a Joint Legislative Commission on Municipal Annexation, consisting of Senators, Representatives, County Commissioner and NC League of Municipality representatives, and citizens.  After meeting only four times, that Commission recommended numerous changes, the most important being a moratorium on involuntary annexations and a vote by those targeted for annexation.  Again, the Commission members recognized the harm being caused by the statutes, the abuse of the statutes by the municipalities, and the need for significant reform.

             North Carolina ’s involuntary annexation statutes are broken.  They need major reform.  Please do everything you can to assure a full and fair hearing on the issues involved.  Please make changes that help resolve the multitude of problems reflected in the testimony already given by North Carolina citizens who are being harmed.

 Nature of this Fight

             The struggle for reform truly is a David vs. Goliath fight.

             David.  “David” is the thousands of citizens in this state who are being harmed by forced annexation, day after day, year after year.  They are ordinary citizens.  They live all over this state.  Some have jobs, some are retired, but all stay busy and involved.  They cannot afford to leave their lives and travel to Raleigh every single day of the week to pummel legislators with the horrible truths about forced annexation. 

             To fight a municipality that is misusing the annexation statutes, these citizens are forced to dig into their pockets to fund very expensive litigation.  This litigation can go on for two to three years, or more.  Thus, they must engage in extensive and creative fund-raising efforts, all to challenge a municipality that is misusing and misapplying the annexation statutes.  Fighting one’s government is a sickening process, and a repugnant thing to ask ordinary citizens to undertake and endure.

             Representative Lucy Allen stated last year that the tragic annexation stories that are reported by citizens who are being harmed are “anecdotal.”  This comment is insulting to the thousands of citizens who are harmed daily and forever by these antiquated statutes and by the municipalities’ misuse of the statutes.  One citizen who is targeted for annexation by Lexington has been informed that the cost of having to hook up to water and sewer exceeds $132,000!  This is not anecdotal; it is real, and it happens frequently in North Carolina .

             Goliath.  Goliath is the North Carolina League of Municipalities.  Goliath is a huge, taxpayer-funded organization.  The League has the luxuries of a very large budget (believed to be approximately $10 million), a very large staff (approximately 100), and paid lobbyists.  It also has hired a new public relations person and a new Chief Lobbyist.

             The League and its extensive staff are conveniently located near the General Assembly, and can drop by your offices very easily, any day of the week, any hour of the day.  The League also relies on unfounded and unsubstantiated claims to support their position.  They used these specious and unchallenged claims in hearings and materials submitted to the House Select Committee and Joint Legislative Commission.  Both bodies still concluded that a moratorium and significant reform were necessary.

             These statutes must be reformed this year.  I hope, and sincerely request, that your subcommittee will not stand in the way of democracy and reform.

             For more information and for complete and factual rebuttal to many of the claims made by the League, please visit our website (noted above).

             Thank you for your careful and thoughtful consideration to these very important matters before you.

                                                                                     Very truly yours,                                                                                      Lydia Boesch
                                                                                    Vice President, Legal  
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2. 
Senator Shaw,
Thank you for your advocacy on behalf of the citizens of North Carolina.
I am concerned by the most recent events in the saga of SB494.  The announced make-up of the sub-committee of the Finance Committee appears heavily weighted in favor of the NCLM position.
Please Sir, what can you tell me about the process you anticipate developing in the sub-committee.  How might you be able to work to insure that the essential elements of your bill; a vote, defined and meaningful services, and effective oversight will survive to be considered by the full legislature.  I fear that the sub-committee will be a vehicle to produce some version of SB711, which in my view, will deliver none of the essential elements of genuine reform.
Again, please give me some insight to preserve my hope for genuine reform within this term.
Thank you for your service.
Best Regards,
Tom Warren  

3. 
Governor,  

Thank you for taking note of the annexation debate.  I encourage you to "whisper" in the senate leaderships' ears in support of SB494.

Unfortunately, the taxpayer-funded lobby group at the NCLM is still driving the annexation legislation train.  The outraged citizens across this state are being railroaded by the Rand-League effort to extend municipalities' record of trampling on individual property rights.  We hope you will not sit by and allow this to happen.

The courts have told the legislature more than once to fix this problem.  Citizens across the state have been begging for help.  The legislature is finally going to do something, but they are not doing the right thing (they'll pass the League-authored Clodfelter bill and pat themselves on the back...garbage).  Please make the call to the senate leadership--ask them to do the right thing and support, if not S494, then at least the three key provisions in the bill: citizen vote, meaningful services (Nolan decision) and county oversight.

We all recognize this is a legislative issue.  But you are the "leader" of this state, so lead.  Please make the call.

Very Respectfully,

Tom Clark
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I believe it is safe for me to say that we, the private citizens of the State of North Carolina have been hoodwinked again in regards to the Senate Bill 494. It seems that there are certain factions, the League of Municipalities among them, that took great exception to the public's overwhelming response to the possibility of having bill SB494 brought out of committee by use of a Petition, this action being brought by a friend to the citizens, Senator Shaw.

What I don't totally understand is why those persons, who have been elected to represent the common man, are refusing to allow a proper hearing and vote on this bill. One can only speculate since the facts tend to remain hidden by the folks that want to stop this bill. All that we the people of this state want is a vote, a voice in the matter of annexation of our homes and property. We now have no such voice nor any form of recourse outside of the court system. This is not the way that our founders intended for the laws to be used. We do not take this matter lightly, nor do we forget easily. Those who tend to tread in the shadows of the hallowed halls of the Legislature in Raleigh, and only speak their true agenda behind closed doors, will find one day that they are the focus of many unhappy people who just might find a way to change the laws that allow them to exist, living off of the taxpayers money as they do.

How is it that the Senators and Representatives tend to listen more intently to the Members of the League that they do to us? What is being promised, what is being agreed to, what have we been sold down the river for?

Was it 30 pieces of silver this time? Do these persons sleep well with the knowledge that they have refused to allow the will of the people to be heeded? What is the going rate for ignoring the pleas of the people, many unemployed, without insurance or savings, who stand to suffer the most if this travesty is allowed to happen, over and over again? Have those we elected to office turned a blind eye and a deaf ear to this matter? We want answers, we don't care to hear any more transparent excuses. Are there no honorable men or women in the ranks of the Senate? Do you not care what you are doing to your own people? Please think about these things and see if there is any decency left in the hearts and minds of the people we look to for our laws, where fairness and honesty should be the cornerstones.

 Walter Wilson

Davidson County, NC
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      Please know that we and other  North Carolinians  would really rather not be taking up your time and inbox. ‘Justice’ with involuntary annexation reform is necessary to pursue because ‘the people’ need to hold public officials accountable or we share the blame with our Maker. 

      We appreciate your service to us as a member of the Senate and the Finance subcommittee now appointed to study reform to the 1959 Involuntary Annexation Law. Thank you in advance for your input in helping Shaw’s S494 have ‘justice’.

Kind regards,
Dr. and Mrs. Edwin H. Perkins
Tryon ,  N.C.   28782,  Polk   County , 
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Dear Sir,

If voluntary annexation in North Carolina accounts for 86% of the annexations and involuntary annexations the remaining 14%, why are so many of our senators against allowing the citizens a vote on any forced annexation?

If an annexing municipality is unable to provide or merely replacing meaningful services (water, sewers, police &fire protection, waste disposal and road care) why is there a reason for forced annexation?

Personal regards,

Ron Cherep
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1. Without the growth provided by involuntary/forced annexation, city center will become areas of blight. - This has happened more so with involuntary/forced annexation. If you do not believe that then just look at the city centers of  Fayetteville ,  Rocky Mount ,  Lumberton , and  Asheboro . These are all cities within  North Carolina where I have lived; each city center has at one time become blighted, rundown, a center for crime, and a center for the homeless. These city centers became this way because of the cities involuntary/forced annexed, after involuntary/forced annexation the municipalities allowed business centers to be developed in the newly extended municipal boundaries. This development of centers away from the city center contributed to the blight and rundown condition that developed.

2. Because rural citizens drive on streets and use city amenities, they should be annexed to pay their “fair share”. – The cities have developed the business centers to draw the outsiders into the city they must therefore want the outsiders in their city. As to paying their “fair share” the outsiders pay a tax and sometimes more than a single tax on each dollar that they spend within the city. So in reality they are paying their “fair share” because they are paying taxes on the money they spend within the municipal limits. The roads and byway construction and maintenance cost is borne by the state which all citizens that live, work and pay taxes to. If the League of Municipalities really believes the fiction espoused by this statement why are they not asking to annex part of other counties because citizens from other counties use the facilities of  Raleigh ,  Charlotte ,  Rocky Mount , Fayetteville , etc?

3. There are many safeguards in place for the citizens under the current annexation law. – As a citizen I would ask what safeguards? We the citizens have little recourse when the municipality decided to annex. Yes, there is a public hearing but those being annexed get little answers. Most of the time we get the Peter Varney, Assistant Manager of the City Of  Rocky Mount ”, answer. When Mr. Varney was asked on  September 29, 2008  “Why was the City of  Rocky Mount  annexing the area?” his answer was “Because we can”. Mr. Varney’s “because we can” speaks volumes to the annexation statutes and their non-existent or unenforceable safeguards. Municipalities within  North Carolina  are free and feel free to annex at will and without reprisal as indicated by Mr. Varney’s reply.

4. If the citizens are allowed to vote, annexation will cease. – If citizens are allowed to vote it will cause the municipalities within  North Carolina  to improve their lot. Municipalities will have to develop and support services at a higher standard and quality than they have now to attract new citizens. Municipalities will have to develop quality of life programs which are non-existent in most of  North Carolina ’s municipalities because they annex “just because they can”. Voluntary annexation has been successful in most of the states within the nation. Why will it not be successful in  North Carolina ? Do the Municipal Councils, the North Carolina League of Municipalities, and the members of the General Assembly believe that our municipal councils and municipal administrations are so inept and incompetent that they are not capable of developing programs and procedures to improve the services, the standards, and quality of life within the municipality, therefore attracting new citizens through voluntary annexation?

There is nothing in the publications of the North Carolina League of Municipalities that I have seen that would indicate      nothing but success for voter approved annexations. Everything they have distributed indicates that their philosophies are fiction with no factual basis. The League publications indicate that they and the municipal councils have little faith in the abilities of the Councils and the Municipal Administrator to improve the municipality with thought and imagination. It appears that the League and Councils believes that they can only solve problems by throwing money at them and the only way to garner the additional money is through involuntary/forced annexation.  How the members of the North Carolina League of Municipalities can look at themselves in the mirror each morning is a wonder and mystery.

I ask you to support Senate Bill 494, Annexation/Meaningful Services and Oversight. This Bill will provide the changes needed to improve the municipalities of  North Carolina  and offer the citizens a sense of control of a very important segment of their lives. Senate Bill 472 and Senate Bill 711 will not help the citizens of  North Carolina  nor will it cause the municipalities to improve. Senate Bills 472 and 711 will only contribute further to the spiral of decline of  North Carolina municipalities. Only Senate Bill 494 offers the comprehensive changes needed to improve the municipalities of  North Carolina  and allows the citizens of  North Carolina  to assist in that comprehensive change.

I implore you to act and return to  North Carolinians  the powers that your predecessors have taken away from them.

I thank you for your service in the North Carolina Senate. Your service is greatly appreciated in these trying times. You have a difficult job but there are few other jobs in this country that are more important to the citizens of  North Carolina .

I also wish to thank you for allowing me this opportunity to express my viewpoint.

Take Care, May God Bless, and I hope you have a Marvelous and Wonderful day.
 
Regards,
Ray Shamlin
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Apparently we live in an age of hypocrisy and the voters in your district and across the state are trusting that you can and will see through all this nonsense coming out of the NC League of Municipalities propaganda machine. 

 They now are emitting an agenda advocating it is "They are for reform of NC Annexation Statues", and have citizen support for their agenda.   This the most preposterous, untruthful, pack of lies and BS they have yet to offer. they never have, don't, and never will represent voters and citizen interests.

 For years we have listened to "Ellis" charm us with his Southern wit, and platitudes about how our statutes were the envy of the nation. Yet, there still are only four or five states that allow this practice; looks like a bunch of states out there haven't heard his message, or know much better that citizens too have rights.  For instance, our neighbor to the north, Virginia, has had a moratorium on this practice for so long it seems like it will become permanent.

 It is important that the legislature move quickly, get this issue out of committee, and enact some meaningful reform - not the script the NCLM is putting on your desk.  In the meantime, a moratorium on all issues in play in NC is the only correct thing to do while you sort this out.   As a another service to citizens/ voters across the state, disband and get rid of the NCLM.  Their power and influence has far surpassed their merit and value.   The Legislature needs to look into this and audit this organization.  I am sure we can find a good cross section of citizens to assist you in this effort,

 Respectfully,
 Dieter Buehler
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 Dear North Carolina State Legislators,

 I write again to encourage you once again to enact meaningful annexation reform in this session.  I have been involved in annexation reform, particularly involuntary annexation reform, for over ten years now.

Initially, when I was being forcibly annexed by the City of Wilmington against the desires of myself and the vast majority of the affected people. We lost that battle, but that was no surprise.  How could we have won?  We had no representation in the process, no voice, no recourse.  

 Since being annexed I have continued to work for meaningful changes to the involuntary annexation law because of its basic unfairness to those being annexed.  No one is arguing against healthy cities, or their opportunity to annex in order to provide for a better functioning government and a better way of life for the citizens in the affected area.  But to be allowed to trample on other people's lives, desires and freedoms without them having any voice in the process is clearly unfair and needs to change.

 I will use this analogy again:  Because one man needs workers to support his endeavor does not give him the right to enslave others in order to get that work done.  And similarly, because a city desires more tax revenue should not give them the right to obtain it by forcibly annexing groups of voiceless citizens that reside nearby.

 In attending the many hearings on this issue, I often heard, repeatedly, the argument that annexing cities are providing needed services.  More and more, that argument is dropped (probably because it cannot be supported in many, if not most, cases) and instead we now hear the advocates saying the adjacent citizens are benefiting from the cities and are not paying their fair share (and only the cities are allowed to make that judgment).  Well, just what is the intended purpose of this statute?  To provide needed services, promote orderly development of areas that are becoming more urbanized, and address or prevent undesirable environmental consequences? Or is it to attack the "freeloaders" and obtain an easy source of revenue from those who often already have the necessary services?  If it were the first, I would think the people in those areas would act responsibly in the decision making process (after all they desire orderly development, a good environment and necessary services, and they would make a rational decision if allowed to voice it).  If it were the second reason, it is only right that they too be given a voice, even if it be an adversarial voice, against those who have unilaterally determined them to be freeloaders and seek to obtain their tax dollars while offering them little except burdening them with additional rules and regulations that they may not desire.

 At the very least, the county commissioners should carry a large part in the determination of these annexations.  They are the only representatives the annexed people have, and they represent the interests of all of county (both city and unincorporated areas).  I urge you to support meaningful legislative reform of the involuntary annexation laws, and I believe Senate bill S494 and House bill H645 represent the best of them.

 Please do your best to see these bills are enacted this session.

Sincerely,

Gary & Jennie Galloway
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It's a little awkward writing and not knowing who will be reading it, so forgive any faux pas I may make, please.

I was delighted to hear from you and to know that you are aware of my concerns. I've been trying to get your attention for almost two years now.

I am aware of 160a , but in 1959, when the General Assembly gave up oversight of annexations and decided to let The League and the municipalities run wild, they abdicated their responsibility. They need your help to fix the mess they have made by doing so, because any bill they pass will have to be signed by the governor.

Also, the Governor certainly retains considerable influence in the body from which she most recently departed - the NC Senate. Her favorable recommendations there for SB494 would be most helpful.

The information in your letter regarding the House Select Committee is incorrect. The House Select Committee consisted of 10 elected Representatives from the House and 2 CITIZENS, not elected officials.

The House Select Committee listened to over 9 hours of citizen testimony and recommended one thing: a moratorium on all annexations so the General Assembly could study the problem in depth. The moratorium bill passed the House with an overwhelming majority and was killed by the Senate Rules Committee Chair, Tony Rand. You are aware of this, of our anger, and of his obstructive behavior, for many of us [including myself] contacted you about it many times.

Subsequently, the Senate and House formed a Joint Legislative Commission on Municipal Annexation, consisting of Senators, Representatives, representatives from the League of Municipalities, citizens, and  County   Commissioners  [yes, I contacted mine, and they contacted you, the House, and the Senate in support of the moratorium].

After meeting only 4 times, the Joint Commission recommended numerous changes, most importantly a moratorium and a vote for those being annexed. These bills are in various committees in the House and Senate now. Before we left the room of the last Joint Commission meeting, Senator Rand vowed that neither the moratorium bill nor the referendum bill would cross his desk.

While all of this has been going on for almost two years now, there has been an escalation in forced annexations and citizens lives continue to be mutilated.

I know well who my Representatives, Senator, and  County   Commissioners  are; I have contacted them; they have contacted you and the House and the Senate. We are of one accord in saying this abuse must stop.

The committees have worked hard and well. They have made their recommendations, but powerful legislative leaders continue to ignore these recommendations and support a "Tweaking of the Law" with the support of The League. A good example of this is SB711.

I am encouraged in that the Governor says she is a woman of faith. May I respectfully remind you/her of a couple of directives from our Lord:

"What doth the Lord require of you...but to do justice...."  and [paraphrased]]

"If you see a wrong, right it. Otherwise you are guilty of the same."

I urgently seek your help to obtain relief for the citizens of  North Carolina !

Most Sincerely,

Marie Howell
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          Today I received a letter from you asking me to donate money to the Democratic Caucus.  Your letter stresses clearly how hard times are this year.

My husband and I have donated in the past.  You see, we are “old yeller dog democrats”.  We raised two daughters who are proud Dare County Democrats.

Being a Democrat is almost like a religion to us.  We were so proud that we raised children who believe in the same ideals that all democrats believe in.  They are listed below. 

Being a Democrat is always about “We the people”

We believe:

       In liberty, freedom, and civil rights.

            In equal opportunity for all citizens.

            In rewarding honest, hard work with a living wage and in a tax system that is fair.

            In family values that are more than a political slogan.

             In quality education that gives all citizens the opportunity to reach their potential.

            In freedom from government interference in our private lives and personal decisions.

            That individual strengths in our diverse population are a benefit.

            In security in our homes and safety on our streets.  
            Criminals should face swift and certain punishment.

            In separation of Church and State to preserve the freedom to pursue our beliefs.

            In a strong United States - morally, economically and militarily.

            In commonsense reforms that give us cleaner and safer air and water.

        Imagine my surprise and anger when I opened your letter asking for a donation when my property taxes are probably going to double due to forced annexation.  Not to mention all the other fees and taxes that will be tacked on due to this abhorrent practice by this state that you support.  

             I have been a dedicated Democrat since I first voted for Jimmy Carter.  I have worked on campaigns and for the County  Dem headquarters supporting our states Democrats running for office.  I spent long hard days on the phone and canvassing neighborhoods knocking on doors that are predominately republican.  When I am working at the beach, I make sure every customer, friend, or foe knows when election day is and talk to them about voting straight Democrat.  Of course,  I don’t usually have to do much convincing for you Marc.  We worship you, you have done many wonderful things for us back home.  We love you, and respect you, are grateful to you. 

             So imagine my complete horror when I discovered that you will sell the rest of us who have to live inland down the river to support a ghost government (NCLM) instead of the people who voted you in to office.   Growing up in Dare County you don’t learn about forced annexation.  It isn’t practiced there.  If it were you and I both know you would never get reelected again.  Can you imagine telling the folks back home (Rodanthe, Waves, Salvo) they were going to have to live inside the city limits of Manteo or Nags Head.  You would be lucky not to end up as shark bait.

             When I first realized my own party was the push behind this practice of forced annexation I was sickened!  I cried, screamed, and felt complete betrayal.  I will never trust another politician again.

             I cannot give money to the party this time. We may lose our home if we are annexed against our will.  For the first time I will not work to support the Democratic caucus, Democratic candidates,  financially or otherwise.  It grieves me to have to say that I will not be voting for them either. 

             It seems many in Raleigh have forgotten what it means to be a Democrat, or maybe they never cared to begin with.

             President John Kennedy once said, “An individual can make a difference, but everyone should.”

             How did our Democratic government in our own state, veer so far off course?

             I ask you to please take pause and think of all those who have put so much faith in you.  We the people, who voted for you, not the League and remember your roots, and do the right thing.  Help to restore my faith in my party by giving those of us under proposed annexations the Democratic right to vote.

             Marc, I am truly sorry you are suffering from this degenerative nerve disease.  I will pray God will heal you everyday.  I thank you for all you have done for Dare County.  My grandchildren are safe and getting a great education.  My son in-law made money off of the dogshark fishing for the first time in years this past winter.  We desperately need to get the bridge built as the road in and out is getting worse, and this worries a grandmama if her babies can’t get help if they are hurt. There are so many things you have done to make our lives better back home.   I am just asking you to take care of all of the people in NC.

             May God have mercy on you……

 Disenchanted Democrat,
Kathy Warren

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