Ferebee’s motion came after discussion of a memo written by City Manager Paul Sabiston which says 11 parcels are on Wallace Fork Road which is maintained by the state Department of Transportation. Eight of the parcels are located on either Brandy Creek Road or Maria Avenue, roads which are maintained by the city. A final parcel is located off Wallace Fork Road on a pathway with no known maintenance.
“To allow de-annexation as requested would create a classic doughnut hole in this portion of the city’s new jurisdiction,” the memo says. “This result is typically avoided in annexation planning. The fact that the residents are primarily minority only further complicates the results.”
The memo continues, “Many believe that eliminating minority populated districts from extended city services, particularly in a doughnut hole manner is a form of discrimination. The other critical issue and the reason that such isolated ‘inland’ areas are typically avoided in annexation planning is because it can confuse the provision of services, including public safety and code enforcement.”
The issue on future upkeep of city roads in Brandy Creek and Maria Avenue and other infrastructure still remain, the memo said, while estimated property tax revenue collected from the area has been between $10,000 to $12,000 for the last several years. “Staff’s recommendation is to not request de-annexation from the General Assembly of the ... parcels in the Brandy Creek/Wallace Fork area because of the reasons stated above, including the creation of an ‘island’ of unincorporated territory within our city limits.”
Referring to comments made earlier in the meeting during a citizen comment section, Sabiston said the action by the General Assembly, which in 2005 annexed 816 acres of land including the Brandy Creek community for the Carolina Crossroads Music and Entertainment District, “Left many unhappy. I’m not sure two wrongs make a right.”
He said de-annexing the area would create confusion in services and situations. “My recommendation, with sympathy, is not to go forward with the de-annexation resolution.”
Ferebee said the areas don’t generate much tax revenue.
Said Mayor Emery Doughtie: “We’re not talking about a large amount.”
City Councilman Ed Liverman asked Sabiston to reiterate the potential pitfalls of having the area de-annexed.
“The most crucial is public safety and code enforcement,” the city manager said, explaining the county 911 center could have problems dispatching the correct the units.
After the explanation, however, Ferebee made the motion to pass the resolution, which, with Councilman Greg Lawson absent, died for lack of a second.
After the vote, residents of community were upset. “We have no sewage, the county provides us water. It’s really ridiculous how people have to go through potholes (on the roads).”
Peter Gilbert, an attorney for the UNC Center for Civil Rights, which is representing the residents in their de-annexation bid, said, technically, the resolution is not required by the legislature.
Mark Dorosin, also an attorney for the center, said the center and the residents will continue to push for the resolution and bring it up at council’s next meeting.
One resident, as she was leaving, simply said, referring to council, “Bunch of crooks.”
Following the meeting, Ferebee said he was disappointed he did not get a second.
Ferebee said he understands the Brandy Creek area was supposed to be a growth area in the wake of announcements at the time to make the area an entertainment mecca. “If the growth was going like they said it was maybe I would look at different and maybe the residents would look at it different.”
