The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1996, Landmark Communications, Inc.

DATE: Thursday, October 3, 1996             TAG: 9610030363
SECTION: LOCAL                   PAGE: B1   EDITION: NORTH CAROLINA 
SOURCE: BY JEFFREY S. HAMPTON, CORRESPONDENT 
DATELINE: ELIZABETH CITY                    LENGTH:  127 lines

SOME RESIST ELIZABETH CITY'S EXPANSION RESIDENTS IN AREAS TARGETED FOR ANNEXATION ARE UPSET THAT THEY HAVE NO SAY.

Landlord C.L. Sawyer repeated Tuesday the age-old cry against annexation: ``The only thing we're getting is higher taxes.''

Sawyer, owner of 13 rental duplexes on Emily Street and Russell Lane, is the victim or beneficiary - depending on the point of view - of Elizabeth City expansion. His taxes doubled when his area was annexed three years ago, and he has nothing to show for it, he said.

Thousands more may add to the chorus of complaints if Elizabeth City carries out plans to absorb more than a dozen other subdivisions within its self-declared ``sphere of influence'' in the next decade.

Elizabeth City's population has hovered around 15,000 during the past 50 years. In 10 years, the city could double its population and triple its land area.

Monday, Elizabeth City Manager Steven Harrell pointed to a map on his office wall where yellow marks the city boundaries. ``As you look at the map, this will all be yellow someday,'' he said, indicating heavily populated areas outside the city. ``It is hard to picture what it's going to look like at the end of 25 years.''

Pasquotank County issues an average of 120 residential building permits annually, the equivalent of a subdivision a year. The once-rural countryside is now known more for rows of houses than rows of corn. Much of this heavy development abuts the city limits and qualifies for annexation.

Pasquotank County residents resisting annexation will probably have as much luck stopping it as the Native Americans, the Spanish and Mexicans had in their efforts to turn back the Manifest Destiny of the United States. Annexation is not a matter of choice for residents of sought-after areas.

As part of its ambitious plans, the city hired an engineer in 1992 to survey a line around the city many miles beyond the current boundaries and called it the sphere of influence. The territory extends to Possum Quarter Road on the north side, to Simpson Ditch Road on the west, to Newbegun Landing on the south end. The entire area will likely be part of Elizabeth City in a decade, said Harrell. It would be the largest growth of the city since its founding in 1802.

``The law says that if an area is urban, then essentially it's municipal,'' said Harrell.

``I don't see how they can provide the services,'' said Zee Lamb, chairman of the Pasquotank County commissioners.

Providing services such as sewer, water and electricity is the only obstacle to city expansion. The city is nine months behind in providing services to the areas it annexed three years ago, including Sawyer's property. A moratorium on sewer services in 1995 caused some of the delay, said Harrell.

Annexation is a simple process and requires no permission or majority vote of the people. To be annexed a community must:

Be connected to the city by at least one eigth of its boundary.

Not be part of another city.

Have a population density of a least two people per acre.

Be 60 percent developed into residential, commercial or industrial.

Have 60 percent of the vacant land subdivided into lots no larger than 5 acres.

Harrell said North Carolina created its annexation laws in 1959 to avoid the problems found in South Carolina, where special purpose districts augment cities and counties. For example, a subdivision may form its own police force or sewer service and charge taxes for it.

``Charleston County, S.C., alone has 54 special purpose districts,'' said Harrell, adding that it is possible to get ``six or seven different tax bills. Where is the accountability? Is that effective? No, that is not.''

The City Council must declare a resolution of consideration a year before annexing an area. After 12 months, the council can pass an ordinance of intent and hold a series of public hearings to let residents know what to expect. Then it is free to annex. The city must provide all services to the annexed area within two years.

``We fought it,'' said Sawyer, ashe stood in the yard of Melissa Powers, who rents from him. Powers and neighbor Mark Horton joined Sawyer in lamenting the annexation of their neighborhood in 1993.

``The taxes on my boat are twice as high as they were,'' said Horton.

``I've lived here two years, and I haven't seen any improvement,'' said Powers, a young mother who is concerned with the safety of children on the streets. ``We need speed bumps and we can't get them, and we need street lights and can't get them.''

Conversely, Alverta Evans is glad the city annexed the Oak Grove subdivision where she lives. Though she pays both city and county taxes now, she's glad for the sewer services.

``It was expensive keeping up the septic tank,'' she said.

The city also improved the roads there. The drainage is still bad, Evans said. She would like to see curbs and gutters put in.

The council's latest bid to expand took place on Sept. 16, when it passed a resolution of consideration to annex nine areas:

1. An area between College of the Albemarle and Fairway Estates including Brickhouse Road, Whitehurst Lane and Jennings Drive.

2. All of Parsonage Street, the old fairgrounds property and land around the water treatment plant from Villa Drive to Durant Street.

3. On U.S. Highway 17 South from Shoney's to the industrial park owned by the city and county.

4. Chappell Gardens, Chesterfield and Briarwood subdivisions across from Northeastern High School.

5. The residential property around the Elizabeth City-Pasquotank County school headquarters on Weeksville Road and near Pasquotank Elementary School.

6. Spalding Park subdivision.

7. An area along the west side of Weeksville Road across from Coast Guard housing.

8. An area between the Edgewood Subdivision and River Road.

9. The Coast Guard base.

``We're going to fill in the gaps and go ahead and make plans for those areas that are going to be rather expensive in terms of water and sewer,'' said Harrell.

The Pasquotank County Commissioners officially stand against annexation without approval from the affected residents.

``I feel like people that live outside city limits have chosen to live outside city limits,'' said Lamb. ``It's up to the commissioners to look out for their interests.''

Despite the objection of county commissioners statewide, the powerful lobby of North Carolina's cities keeps the annexation laws the most liberal of any state in the nation, said Lamb.

And so, people like Beth Ferland and her husband Peter, who object to the annexation of their neighborhood in Chappell Gardens, have no say.

``We don't need any of the city services,'' said Beth Ferland. ``We have county water and a perfectly good septic system. The sheriff's office is near enough. The only thing they'll offer us is garbage pickup, and I don't mind going to the recycling center twice a week. Honestly, it's laughable.''

``The only answer I've got to that is cities should grow to their natural urban boundaries,'' said Harrell. ``They have to provide services and in order to do that we have to have additional tax dollars. That's not the answer anybody wants to have, but that's the only answer I've got.'' ILLUSTRATION: Color photo by JEFFREY S. HAMPTON

Bill Hallman works at Emerald Lakes Apartments recently in an area

north of Elizabeth City that the town is considering for annexation,

along with eight other areas. by CNB