That’s why city council tonight advised City Attorney Gilbert Chichester to talk with an attorney representing Brandy Creek residents about the road the city will be stuck with even if the area is de-annexed from the city limits as its residents want.

The discussions could delay legislative action on the matter until an agreement is worked out.

The area was annexed into the city limits in 2005 as part of the Carolina Crossroads Music and Entertainment District and there are approximately 34 lots in the area and 18 to 20 homes which bring the city annual tax revenues of $12,600 a year.

Residents in the community want out of the city limits because of increased property taxes, some stating in letters to council property valuations have increased as much as 800 percent since 2006. Twenty letters were contained in the agenda packet for tonight’s work session.

“The only way to de-annex is for the city to pass a resolution,” City Manager Paul Sabiston said, a resolution which is then sent to legislators. “It’s a fairly unique request. Annexation is very common.”

When the land was annexed the road going through the community, Maria Avenue, became the city’s property.

The road will not revert to property owners in the community when state legislators approve de-annexation, the city manager explained.

That means unless an agreement is worked out, the city would still have to pay for upkeep of the gravel road and pay the light bill for the street lights.

Today the city received between $4,000 and $5,000 in Powell Bill Funds for maintenance of the road although it costs more than that to maintain it.

Sabiston said if the city kept the road he believed it would still get Powell Bill Funds for its upkeep.

Chichester said, however, keeping the road when the property is de-annexed could mean liability for the city if someone is injured.

Council agreed to have Chichester discuss the matter with Peter Gilbert, an attorney with the UNC Center for Civil Rights.

In a February 7 memo to council, Gilbert said Rock River Falls bought 32 acres of land for development forcing families living on those parcels to move out.

Some 21 families remain, mostly low income and mostly African American, the memo notes.

In a 2007 property revaluation residents saw between a 695 percent to 1,446 percent increase in property taxes, which was not corrected until last year.

Gilbert says in the memo de-annexing the community would save the city money and save families in the Brandy Creek community $332.90 a year in tax payments.

“When seeking the support and vote of the N.C. legislators, the legislative annexation of the Brandy Creek-Wallace Fork community was incorrectly characterized as a voluntary annexation,” the memo said. “Characterization of annexation as voluntary gives the impression that property owners have requested the annexation and are willing participants in the process. However, residents of the Brandy Creek-Wallace Fork community did not learn of the annexation until several days after the passage of House Bill 446.”

The memo ends, saying, “Development plans and drawings of the future Roanoke Rapids entertainment district did not incorporate the homes of the Brandy Creek-Wallace Fork community, leading to the conclusion residents were to sell their homes and move elsewhere.

“Due to the financial troubles of the theater as well as the downturn in the economy, the larger entertainment district has remained mostly vacant, leaving those residents in an undesirable area of town and unable to sell their homes. De-annexation would provide residents from relief from property taxes while the city of Roanoke Rapids works to correct the situation and build momentum for the entertainment and shopping district. Once the area is primed for development, private developers may again become interested in purchasing property in the area.”