Please join the Greensboro Neighborhood Congress, the League of Women Voters and the Coalition of Concerned Citizens of the Triad at the City Council on Wednesday, January 21 to support the reinstatement of the right of Protest Petition to the citizens of Greensboro. Why is Greensboro the only major city in the state without the right of Protest Petition? The answer is because the Council in 1971, without any public discourse, voted to ask the state to take that right from our citizens.
Below is detailed information about Protest Petitions written by Professor David Owens of the UNC School of Government in Chapel Hill. Professor Owens gave a wonderful and informative presentation on January 13 at a gathering sponsored by the League of Women Voters. We are grateful to Willie Taylor of the League of Women Voters for bringing Professor Owens to Greensboro.
Protest Petitions
David Owens
School of Government
The University of North Carolina at Chapel Hill
1. Legal Issues
Background
While landowners and neighbors are significantly affected by zoning, the choice to change zoning regulations is a discretionary policy choice of elected officials. Neither landowners nor neighbors can be given a veto over proposed zoning changes.
Yet from the outset of local land use regulation, its proponents have concluded that those most directly affected by zoning need a degree of protection from unwanted changes in the land use policies that have relied upon. The protest petition was included in the nation’s first comprehensive zoning ordinance, New York’s 1916 ordinance. The legal architect of the New York ordinance noted that the provision for a protest petition was “a device for the protection of the property owner” and that its purpose was “to prevent easy or careless changes in the zoning regulations. . . . The 20 percent protest will often prevent impulsive or improper map changes.”
This same provision for a protest petition was included in North Carolina’s 1923 zoning enabling act to provide a degree of certainty and stability of zoning while allowing the governing body sufficient flexibility to amend the ordinance to reflect changing needs and circumstances.
Statute
The provision in North Carolina zoning law -- G.S. 160A-385(a) -- for a protest petition is mandatory for cities. The protest petition is available whether or not it is mentioned in an individual zoning ordinance. There is no statutory authorization for the protest petition in the county zoning enabling legislation so counties do not have the authority to use the protest petition. The exception to this general rule is where the General Assembly has modified the generally applicable law as it applies to a particular city or county. For example, local legislation adopted in 1971 removed the protest petition for Greensboro, while local legislation adopted in 2003 extended the protest petition to Durham County.
The protest petition only applies to zoning map amendments. It arises either when neighbors object to the rezoning of a parcel or when the owner objects to a rezoning proposed by the government or the neighbors.
Applicability
If a sufficient number of those most immediately affected by a zoning change object to a proposed zoning map amendment, the amendment may be adopted only if approved by three-fourths of all the members of the governing board. This requirement applies to repeal as well as to amendment of a zoning ordinance.
It does not apply to the initial zoning of an area being added to the territorial coverage of an ordinance, whether by annexation or by an extraterritorial ordinance. Amendments to special or conditional use districts and conditional zoning districts are also exempt from the protest petition, provided that the type of use is not changed, the density of residential use allowed is not increased, the size of nonresidential development is not increased, and any buffers or screening is not reduced. Amendments to individual conditional or special use permits are quasi-judicial rather than legislative zoning decisions and therefore are not affected by a protest petition.
Supermajority vote computation
When a valid protest petition has been filed, G.S. 160A-385(a) provides that adoption of the proposed amendment requires the favorable vote of three-fourths of “all the members of the city council.” A member who is absent is counted as a member of the board for this computation. When a city council member is present but does not vote (without being excused from voting by the board), the member is counted as having cast an affirmative vote. G.S. 160A-385(a)(1) provides that for purposes of the protest petition, vacant positions on the board and members who are excused from voting are not to be considered as “members of the board” in computing the requisite supermajority.
Qualifying area
The qualifying areas for a protest petition include either the property being rezoned itself or some portion of the 100-foot-wide strip immediately adjacent to or across the street from it. A qualifying area is just that—an area, not 20 percent of the frontage of the area being rezoned nor five percent of the landowners in the qualifying area. Because a property’s adjacent status triggers the protest eligibility, courts in other states have held that the qualifying area need not be within the zoning jurisdiction of the local government making the zoning amendment. G.S. 160A-385(a)(2) provides that the 100-foot buffer qualifying area is measured from the property line of any parcel subject to a proposed rezoning.
This statute provides that the petition must be signed by the owners of either:
(i) twenty percent or more of the area included in the proposed change, or
(ii) five percent of a 100-foot-wide buffer extending along the entire boundary of each discrete or separate area proposed to be rezoned.
A street right-of-way is not considered in computing the 100-foot buffer area as long as that street right-of-way is 100 feet wide or less. This is illustrated in the chart below.
Procedures
G.S. 160A-386 establishes several procedural requirements for protest petitions. The petition must be written. It must be signed by property owners. The petition must specifically state that it protests the proposed zoning change. The petition must be presented to the city clerk two working days (excluding weekends and holidays) before the day of the hearing to allow the clerk time to determine its sufficiency and accuracy. Cities may require that the petition be on a form provided by the city and that it contain “any reasonable information” necessary to allow the city to verify the petition. In the absence of evidence to the contrary, the city may rely on the county tax listing to determine the ownership of qualifying areas.
A person may withdraw his or her name from the petition at any time prior to the vote on the proposed zoning amendment. Only those rezonings that have a sufficient number of qualifying protests at the time of the vote trigger the three-fourths vote requirement.
2. Experience with Use.
Even though the protest petition has a long history in zoning, it is not frequently a factor in North Carolina rezonings. Overall, two-thirds of the responding cities in a 2006 SOG survey reported no protest petitions had been filed in the previous year. However, there are distinct differences in the responses based on the population of the reporting jurisdiction. Only 12 percent of the cities with populations under 10,000 reported receiving any protest petitions in the previous year. By contrast 50 percent of the cities with populations between 10,000 and 25,000 received a protest petition and 71 percent of the cities with populations over 25,000 received one or more protest petitions. In fact, three municipalities—Charlotte, Raleigh, and Durham—accounted for nearly a third (31 percent) of all the reported valid protest petitions in the state.
Frequency filed
The overwhelming majority of rezoning petitions are not subjected to a protest petition. Responding municipalities reported a total of 134 protest petitions filed in the previous year that were determined to be adequate and thereby required a supermajority vote for adoption of the rezoning. These same municipalities reported consideration of 2,167 rezoning petitions in the previous year. Thus only 6% of the municipal rezoning petitions had a sufficient protest so as to subject the proposed rezoning to the supermajority vote requirement.
Effect on decisions
Even when a valid protest petition is filed, it rarely has a direct effect on the outcome of the proposed rezoning. Only four of the 2,167 rezoning petitions considered in the past year had a different outcome as a direct result of a protest petition. Survey respondents reported the final outcomes of 88 of the 134 rezoning petitions that had triggered valid protest petitions. Of these 88 rezonings, 43% did not receive a simple majority vote in favor of the rezoning and thus would have failed even if no protest petition had been filed. 52% were adopted by a governing board majority of three-fourths or more, thus passing despite the protest petition. Only 5% -- four cases -- of the rezonings subject to a valid protest petition received a majority favorable vote but less than a three-fourths majority, thus failing to be adopted as a direct result of the protest petition.
A valid protest petition can, however, affect the zoning process in an indirect but significant manner. The approval rate for projects subject to a protest petition was reported to be 52 percent, compared to a 76 percent approval rate for rezoning petitions overall. This lower approval rate indicates that the depth of opposition reflected by a protest petition frequently convinces a majority of the city council to oppose a rezoning. In addition, an actual or threatened protest petition may encourage the landowner, the neighbors, and the city to negotiate prior to a vote on the rezoning, which can in turn lead to project revisions. So the informal impacts of a protest petition are typically more substantial than its formal impact.
David W. Owens Gladys H. Coates Professor of Public Law and Government School of Government CB 3330, Knapp-Sanders Building University of North Carolina at Chapel Hill Chapel Hill, N.C. 27599-3330 919-966-4208 (voice) 919-962-0654 (fax) owens@sog.unc.edu
Jan 18, 2009
Jan 16, 2009
Barber Hints at Passage,Wade Won't Say, and Matheny Stands There Like a Lump On A Log
Three Greensboro City Council members held a news conference today to talk about a myriad of issues involving the City of Greensboro. In attendance were Mike Barber, Trudy Wade and Zack Matheny.
CLICKHERE to see the video or click on the title above
Item #9 was about Protest Petitions in Greensboro
Here is what Mike Barber had to say at the 12:46 mark on video
"We believe that the Protest Petitions will likely be included in our legislative agenda on Wednesday night. Based on our conversation with other council members the 5% threshold seems a bit low that the state is currently operating under. But that alone will not likely keep this council from sending it up with the other items to consider."
This is great to hear from Greensboro City Council member Mike Barber on this issue to the citizens of Greensboro. Then around the 32:10 mark of video, Greensboro citizen Willie Taylor spoke about the public trust, and how the community becomes disenfranchised with the council on zoning issues in their neighborhood. Willie Taylor believes that bringing back Protest Petitions will make a better place for the neighborhoods and the developers, and land owners. After hearing David Owens and his speech earlier in the week she can see Greensboro as being a better place with Protest Petitions.
Then on video Amanda Lehmert asked Mike Barber where he stood on the issue . He then passed it over to Trudy Wade.
Trudy Wade then said this,"we want to have the same rights as others. She then said that she is not going to take a right away from Greensboro that Charlotte has." But Trudy Wade won't commit till the citizens have been heard on Wednesday. To hear her say that she is not going to take away a right Charlotte citizens have . We know that every city in this state abides by Protest Petitions , so in conclusion it would mean to anyone who saw the video that she is for reinstatement of Protest Petitions, we will see.
One aspect everyone is soooooooooooooooooooooooo hung up on is the 5% rule. Let get a few facts straight on this issue . Back in 2005 the North Carolina legislators changed the way Protest Petitions were calculated because some properties were not squared properties so to get a 20% of a side of property wasn't a good part of the law. So the legislators came up with a formula that since 20% of corner makes for 5% of one side they said that 5% will be the new law or you can call David Owens from the Institute of Government he explained it to us very eloquently.. The city of Greensboro can get hung up on the 5% fine then lobby the whole state to change the % rule but don't hold the citizens from having Protest Petitions when every other city in this state abides by this 5% rule in Protest Petitions.I don't see Mayor Smothers from High Point or Pat McCrory from Charlotte have a platform for getting rid of Protest Petitions. It makes for better neighborhoods and better development.
There was another Greensboro City Council member Zack Matheny in attendance who was there and had this to say about Protest Petitions for Greensboro, "absolutely nothing".
Our coalition cannot stress the importance of everyone all over this triad area of North Carolina to say to the Greensboro City Council to
"Bring Back Protest Petitions to Greensboro"
all you need to do is on the left hand side of blog is a link to the City of Greensboro e-mail center.
CLICKHERE to see the video or click on the title above
Item #9 was about Protest Petitions in Greensboro
Here is what Mike Barber had to say at the 12:46 mark on video
"We believe that the Protest Petitions will likely be included in our legislative agenda on Wednesday night. Based on our conversation with other council members the 5% threshold seems a bit low that the state is currently operating under. But that alone will not likely keep this council from sending it up with the other items to consider."
This is great to hear from Greensboro City Council member Mike Barber on this issue to the citizens of Greensboro. Then around the 32:10 mark of video, Greensboro citizen Willie Taylor spoke about the public trust, and how the community becomes disenfranchised with the council on zoning issues in their neighborhood. Willie Taylor believes that bringing back Protest Petitions will make a better place for the neighborhoods and the developers, and land owners. After hearing David Owens and his speech earlier in the week she can see Greensboro as being a better place with Protest Petitions.
Then on video Amanda Lehmert asked Mike Barber where he stood on the issue . He then passed it over to Trudy Wade.
Trudy Wade then said this,"we want to have the same rights as others. She then said that she is not going to take a right away from Greensboro that Charlotte has." But Trudy Wade won't commit till the citizens have been heard on Wednesday. To hear her say that she is not going to take away a right Charlotte citizens have . We know that every city in this state abides by Protest Petitions , so in conclusion it would mean to anyone who saw the video that she is for reinstatement of Protest Petitions, we will see.
One aspect everyone is soooooooooooooooooooooooo hung up on is the 5% rule. Let get a few facts straight on this issue . Back in 2005 the North Carolina legislators changed the way Protest Petitions were calculated because some properties were not squared properties so to get a 20% of a side of property wasn't a good part of the law. So the legislators came up with a formula that since 20% of corner makes for 5% of one side they said that 5% will be the new law or you can call David Owens from the Institute of Government he explained it to us very eloquently.. The city of Greensboro can get hung up on the 5% fine then lobby the whole state to change the % rule but don't hold the citizens from having Protest Petitions when every other city in this state abides by this 5% rule in Protest Petitions.I don't see Mayor Smothers from High Point or Pat McCrory from Charlotte have a platform for getting rid of Protest Petitions. It makes for better neighborhoods and better development.
There was another Greensboro City Council member Zack Matheny in attendance who was there and had this to say about Protest Petitions for Greensboro, "absolutely nothing".
Our coalition cannot stress the importance of everyone all over this triad area of North Carolina to say to the Greensboro City Council to
"Bring Back Protest Petitions to Greensboro"
all you need to do is on the left hand side of blog is a link to the City of Greensboro e-mail center.
Jan 15, 2009
Barber and Wade Press Conference January 16, 2009 1:00 pm., Say Bring Back Protest Petitions to Greensboro
Below the fold is the announcement that Greensboro City Council members are holding a press conference tomorrow. It says that it is about pressing issues impacting Greensboro. This would be a great time to tell them to "Please support the reinstatement of the Protest Petition for Greensboro". The time is now to let them know how you feel on this issue and knowing that every other city in this state abides by Protest Petitions and neighborhoods all over this city are not getting a fair shake in the zoning process because of this exemption.
__________________________________________________
Media AdvisoryCouncil Member Press Conference
January 16, 2009
1 pm
What: Press Conference featuring Council Members Mike Barber and Trudy Wade
Location: Plaza Level Conference Room, Melvin Municipal Office Building
300 W. Washington St.
Date/Time: Friday, January 16 at 1 pm
Topic: Members of council will discuss pressing issues impacting the City of Greensboro. Council Members will also be available for questions.
Contact: Denise Turner – 373-3880
The City of Greensboro works in partnership with the community to build an increased quality of life for all residents by fostering an environment where inclusion, diversity, and trust are valued. As the seventh largest employer in Greensboro, the City has a dedicated professional staff of 2,700 employees who maintain four core values of honesty, integrity, stewardship, and respect. The City of Greensboro is governed by a council-manager form of government where a mayor and eight council members act as the legislative body. For more information on the City of Greensboro, please visit us online at www.greensboro-nc.gov.
__________________________________________________
Media AdvisoryCouncil Member Press Conference
January 16, 2009
1 pm
What: Press Conference featuring Council Members Mike Barber and Trudy Wade
Location: Plaza Level Conference Room, Melvin Municipal Office Building
300 W. Washington St.
Date/Time: Friday, January 16 at 1 pm
Topic: Members of council will discuss pressing issues impacting the City of Greensboro. Council Members will also be available for questions.
Contact: Denise Turner – 373-3880
The City of Greensboro works in partnership with the community to build an increased quality of life for all residents by fostering an environment where inclusion, diversity, and trust are valued. As the seventh largest employer in Greensboro, the City has a dedicated professional staff of 2,700 employees who maintain four core values of honesty, integrity, stewardship, and respect. The City of Greensboro is governed by a council-manager form of government where a mayor and eight council members act as the legislative body. For more information on the City of Greensboro, please visit us online at www.greensboro-nc.gov.
Jan 14, 2009
Greensboro City Council Members Perkins, Matheny and Barber Recuse Yourself , Yes Weekly Editorial
In this weeks Yes! Weekly editorial it talks about next week's vote of the Greensboro City Council to have this as a part of the legislative packet for the state of North Carolina on restoring Protest Petition's to Greensboro .
Here is part of the editorial and if you want to see the whole editorial CLICKHERE or click on the title above.
"But Perkins, Matheny and Barber, who rely on the Greensboro real estate industry for part or all of their livelihoods, are clearly conflicted between the wishes of that industry’s most influential professional organization and the interests of Greensboro citizens who want a say in the way their neighborhoods are zoned. As such, they should recuse themselves from the vote."
"Lawmakers May Say Yes Even If Council Says No" Post from Allen Johnson at Greensboro News and Record
Greensboro News and Record Editorial Page Editor Allen Johnson has a new post titled
"Lawmakers May Say Yes Even If Council Says No"
on his blog called "Thinking Out Loud" CLICKHERE , or click on the title above
as stated before in a post yesterday North Carolina State Representative Maggie Jeffus was in attendence at the luncheon with the professor from UNC School of Government David Owens speaking about Protest Petitions in the State of North Carolina.
Allen Johnson writes this in his post
"When asked if the county legislative delegation would move forward with a bill to re-establish the right to use protest petitions to Greensboro -- even if the council opposed it -- Jeffus said: "I think probably we will. I'm almost certain a bill will be filed."
Jeffus added: "You pick your battles and I think this is something people want."
This is great to hear from our State Representative Maggis Jeffus. You can also add State Rep. Pricey Harrison who said she will introduce a bill with or without the support of the Greensboro City Council.
Let's see where the Greensboro City Council stands on this issue are they going to be for the citizens to get this restored or are they going to be for the special interest group called TREBIC. Take your pick but as we heard yesterday Mayor Yvonne Johnson is again running for mayor of Greensboro and today Amanda Lahmert stated that Zack Matheny is also going to run again. It will be a interesting night to say the least.
The reinstatement of Protest Petitions has to come from the state delegation and if you as citizens of Greensboro want this right restored to you it is beneficial that you e-mail your state representatives which are located on the left hand side of blog.
"Lawmakers May Say Yes Even If Council Says No"
on his blog called "Thinking Out Loud" CLICKHERE , or click on the title above
as stated before in a post yesterday North Carolina State Representative Maggie Jeffus was in attendence at the luncheon with the professor from UNC School of Government David Owens speaking about Protest Petitions in the State of North Carolina.
Allen Johnson writes this in his post
"When asked if the county legislative delegation would move forward with a bill to re-establish the right to use protest petitions to Greensboro -- even if the council opposed it -- Jeffus said: "I think probably we will. I'm almost certain a bill will be filed."
Jeffus added: "You pick your battles and I think this is something people want."
This is great to hear from our State Representative Maggis Jeffus. You can also add State Rep. Pricey Harrison who said she will introduce a bill with or without the support of the Greensboro City Council.
Let's see where the Greensboro City Council stands on this issue are they going to be for the citizens to get this restored or are they going to be for the special interest group called TREBIC. Take your pick but as we heard yesterday Mayor Yvonne Johnson is again running for mayor of Greensboro and today Amanda Lahmert stated that Zack Matheny is also going to run again. It will be a interesting night to say the least.
The reinstatement of Protest Petitions has to come from the state delegation and if you as citizens of Greensboro want this right restored to you it is beneficial that you e-mail your state representatives which are located on the left hand side of blog.
Jan 13, 2009
A Little Urbanity: Still More About Protest Petitions Thanks Again David Wharton Part Deux
David Wharton has a new article over at his blog called A Little Urbanity CLICKHERE in regards to bringing back Protest Petitions to Greensboro.
On January 13, 2009 the League of Women Voters of the Triad held a luncheon with the speaker being David Owens from the UNC School of Government his picture is above from the luncheon.
David Owens spoke for about an hour on the subject of Protest Petitions in North Carolina. Thanks to David Wharton on his blog because there are scanned documents that are a must read on Protest Petitions provided by David Owens.
It was great to see Greensboro City Council member Goldie Wells in attendence at the luncheon. But an invitation was given to all the Greensboro City Council members to listen to an expert in the field on zoning laws in North Carolina especially in regards to Protest Petition .Since the whole Greensboro City Council members didn't show up for the luncheon except for Goldie Wells it is in their best interest to read the documents over at A Little Urbanity click on the title above.
It is great to get more post on this issue and to see what David Wharton has to say is correct.
There was one person in attendence who I had the opportunity to talk to after the meeting and it happen to be former Greensboro Mayor Carolyn Allen , here his her bio "Mayor Allen, whose public service extends back over more than 30 years, will mark 10 years of service on the Greensboro City Council in December of 1999 having first been elected as an at-large member and Mayor Pro Tem in 1989 and again in 1991. In 1993, she was elected Mayor of Greensboro, the first woman to hold this office. She was subsequently re-elected twice (in 1995 and 1997)." (source Greensboro press release from 1999). While talking with Carolyn Allen after the luncheon the question was asked are you for bringing back Protest Petitions to the citizens of Greensboro. The ex mayor said YES and I said can I quote you on that and she said YES. It is great to hear a ex city council member and ex mayor come out in support of Protest Petitions for the citizens of Greensboro let's see on Janiary 21, 2009 where the current members stand.
The time is now to let your Greensboro City Council Members know how you feel
about bringing back Protest Petitions to Greensboro. All you need to say is
BRING BACK PROTEST PETITIONS TO GREENSBORO
Here are some ways to get in touch with Greensboro City Council members
1. A presonal visit (this is perhaps the most effective way)
2. E-mail the Greensboro City Council members ( to the left hand side of blog is a link to do just that or below is their e-mail)
3. Call them using phone numbers provided(taken from city web page)
4. Write them at: p.o. box 3136, Greensboro N.C. 27402-3136
5. send fax (fax numbers were taken from city web page)
Council Members
YVONNE J. JOHNSON (Mayor)
P.O. Box 3136, Greensboro, NC 274023136.............................373-2396
(home) 375-5173
(City business) 253-7012
FAX...................................574-4003
P.O. Box 3136, Greensboro, NC 274023136.............................373-2396
(home) 375-5173
(City business) 253-7012
FAX...................................574-4003
SANDRA ANDERSON GROAT (Mayor Pro Tem) (At Large)
412 Arlington Street, Greensboro, NC 27406 (business).......................................................... 273-9066
(home)........................................................................... 282-9047
FAX...................................273-5451
412 Arlington Street, Greensboro, NC 27406 (business).......................................................... 273-9066
(home)........................................................................... 282-9047
FAX...................................273-5451
ROBBIE PERKINS (At Large)
1612 St. Andrews Rd., Greensboro, NC 27408
1001 W. Friendly Ave., Suite 601, Greensboro, NC 27401 (business)..................................... 358-3219
FAX...................................373-0260
1612 St. Andrews Rd., Greensboro, NC 27408
1001 W. Friendly Ave., Suite 601, Greensboro, NC 27401 (business)..................................... 358-3219
FAX...................................373-0260
Mary C. RAKESTRAW (At Large)
P.O. Box 3136, Greensboro, NC 27402-3136
101 East Avondale Drive, Greensboro, NC 27403
(home).....................................852-8639
(voice mail)............................373-2987
FAX...................................574-4003
P.O. Box 3136, Greensboro, NC 27402-3136
101 East Avondale Drive, Greensboro, NC 27403
(home).....................................852-8639
(voice mail)............................373-2987
FAX...................................574-4003
T. DIANNE BELLAMY-SMALL (District 1)
P.O. Box 3136, Greensboro, NC 27402-3136
3211 Delmonte Drive, Greensboro, NC 27406
(voice mail)................................ 373-2286
FAX...................................574-4003
P.O. Box 3136, Greensboro, NC 27402-3136
3211 Delmonte Drive, Greensboro, NC 27406
(voice mail)................................ 373-2286
FAX...................................574-4003
GOLDIE WELLS (District 2)
4203 Belfield Drive, Greensboro, NC 27405-6309 (home)....................................................... 621-0634
Voice Mailbox................................................. 373-2391
FAX...................................375-1675
4203 Belfield Drive, Greensboro, NC 27405-6309 (home)....................................................... 621-0634
Voice Mailbox................................................. 373-2391
FAX...................................375-1675
ZACK MATHENY (District 3)
P.O. Box 3136, Greensboro, NC 27402-3136
300 N. Greene Street, Suite 1000, Greensboro, NC 27401 (business).....................................232-1900
(voice mail).......................................
P.O. Box 3136, Greensboro, NC 27402-3136
300 N. Greene Street, Suite 1000, Greensboro, NC 27401 (business).....................................232-1900
(voice mail).......................................
373-4638
FAX...................................574-4003
FAX...................................574-4003
MIKE BARBER (District 4)
807 Greenwood Drive, Greensboro, NC 27410 (home)............................................................ 852-0195
1101 W. Market Street, Greensboro, NC 27403 (business)....................................................... 273-4884
FAX....................................273-4874
807 Greenwood Drive, Greensboro, NC 27410 (home)............................................................ 852-0195
1101 W. Market Street, Greensboro, NC 27403 (business)....................................................... 273-4884
FAX....................................273-4874
TRUDY WADE(District 5)
P.O. Box 3136, Greensboro, NC 27402-3136
1 Creswell Court, Greensboro, NC 27407 (home).................................................................... 323-6480
703 W. Main St., Jamestown, NC (business)............................................................................. 454-3171
(voice mail)........................................................................ 373-3688
FAX....................................454-2865
P.O. Box 3136, Greensboro, NC 27402-3136
1 Creswell Court, Greensboro, NC 27407 (home).................................................................... 323-6480
703 W. Main St., Jamestown, NC (business)............................................................................. 454-3171
(voice mail)........................................................................ 373-3688
FAX....................................454-2865
EMAIL: trudy.wade@greensboro-nc.gov
Jan 11, 2009
A Little Urbanity: More on Protest Petitions, Reversal of Fortune Thanks David Wharton
A Little Urbanity: More on Protest Petitions
David Wharton who runs a blog called A Little Urbanity CLICKHERE , has a great post on restoring Protest Petitions to the citizens of Greensboro.You can click on the title above to go to his site.
Here is a quote from David Wharton"Over the past year I've changed my mind on this issue. I used to think -- as the real estate industry does -- that the petition puts too much power in the hands of too few people."Then he talks about how fair it isn't and gives some great examples to ponder about a special interest group called TREBIC. It is great to hear David Wharton change his mind on the issue to bring back Protest Petitions to Greensboro.
Over a edcone's site CLICKHERE here is what ed had to say about David Wharton and his post.
"Whether you agree with him or not on this issue (I do), Wharton's opinion is one to take seriously, and I hope the media and the City Council will give his words due consideration."
With the help of the Greensboro Neighborhood Congress,League of Women Voters of the Triad, Coalition of Concerned Citizens of the Triad, residents from all over the Triad including High Point and support from those in the blogosphere who got this ball rolling on this issue close to over a year ago. It is time to speak up and be heard. January 21, 2009 is the start of this process but everyone needs to remember that this is a State of North Carolina issue and need to let your state representatives know how you feel that this isn't fair to the citizens of Greensboro that they don't have the right to a Protest Petition in the zoning process to have against unwanted development in established neighborhoods.
David Wharton who runs a blog called A Little Urbanity CLICKHERE , has a great post on restoring Protest Petitions to the citizens of Greensboro.You can click on the title above to go to his site.
Here is a quote from David Wharton"Over the past year I've changed my mind on this issue. I used to think -- as the real estate industry does -- that the petition puts too much power in the hands of too few people."Then he talks about how fair it isn't and gives some great examples to ponder about a special interest group called TREBIC. It is great to hear David Wharton change his mind on the issue to bring back Protest Petitions to Greensboro.
Over a edcone's site CLICKHERE here is what ed had to say about David Wharton and his post.
"Whether you agree with him or not on this issue (I do), Wharton's opinion is one to take seriously, and I hope the media and the City Council will give his words due consideration."
With the help of the Greensboro Neighborhood Congress,League of Women Voters of the Triad, Coalition of Concerned Citizens of the Triad, residents from all over the Triad including High Point and support from those in the blogosphere who got this ball rolling on this issue close to over a year ago. It is time to speak up and be heard. January 21, 2009 is the start of this process but everyone needs to remember that this is a State of North Carolina issue and need to let your state representatives know how you feel that this isn't fair to the citizens of Greensboro that they don't have the right to a Protest Petition in the zoning process to have against unwanted development in established neighborhoods.
"Protest Petition question's back in Greensboro but faces an uphill climb" Editorial by Allen Johnson
Greensboro News and Record's Allen Johnson has a Sunday January 11, 2008 editorial on Protest Petitions in Greensboro. To read the whole article CLICKHERE .
In the article Allen Johnson had this to say,"The Greensboro City Council will hear the case for and against protest petitions in less than two weeks.
Then it will say no."
Allen Johnson also said this"Greensboro is the only major city in the state that does not allow citizens to use protest petitions to oppose new development in their neighborhoods."You might want to take out major city and say all cities in North Carolina use Protest Petitions in the zoning process.
Our coalition wants everyone to think about one thing.
EVERY CITY IN THIS STATE HAS PROTEST PETITIONS IN THE ZONING PROCESS
If you as citizens of Greensboro will be happy with your Greensboro City Council members voting to deny you this right, fine. Just remember that if your neighborhood has a rezoning case come up in front of council you as a citizen of Greensboro are not having the same rights in the zoning process as every other citizen in this state who lives in a city.
Having Protest Petitions on the books has not hurt jobs or development in cities like Raleigh, Charlotte, Winston or every city in Guilford County.
How about this look all around Greensboro for example:
High Point has PROTEST PETITIONS
Jamestown has PROTEST PETITIONS
Oak Ridge has PROTEST PETITIONS
Summerfield has PROTEST PETITIONS
Pleasant Garden has PROTEST PETITIONS
Gibsonville has PROTEST PETITIONS
Let's also take a look at our state to see who has PROTEST PETITIONS
Charlotte has PROTEST PETITIONS
Durham has PROTEST PETITIONS
Raleigh has PROTEST PETITIONS
Cary has PROTEST PETITIONS
Fayetteville has PROTEST PETITIONS
Winston Salem has PROTEST PETITIONS
Asheville has PROTEST PETITIONS
Chapel Hill has PROTEST PETITIONS
Concord has PROTEST PETITIONS
Gastonia has PROTEST PETITIONS
Greenville has PROTEST PETITIONS
Jacksonville has PROTEST PETITIONS
Rocky Mount has PROTEST PETITIONS
Wilmington has PROTEST PETITIONS
It is time for neighborhoods all over Greensboro to say to the Greensboro City Council enough is enough and to deny us the right to a Protest Petition in the zoning process is a
TOTAL INJUSTICE TO THE CITIZENS OF GREENSBORO.
UPDATE
blogging on this issue at Allen Johnson's News and Record site
CLICKHERE
In the article Allen Johnson had this to say,"The Greensboro City Council will hear the case for and against protest petitions in less than two weeks.
Then it will say no."
Allen Johnson also said this"Greensboro is the only major city in the state that does not allow citizens to use protest petitions to oppose new development in their neighborhoods."You might want to take out major city and say all cities in North Carolina use Protest Petitions in the zoning process.
Our coalition wants everyone to think about one thing.
EVERY CITY IN THIS STATE HAS PROTEST PETITIONS IN THE ZONING PROCESS
If you as citizens of Greensboro will be happy with your Greensboro City Council members voting to deny you this right, fine. Just remember that if your neighborhood has a rezoning case come up in front of council you as a citizen of Greensboro are not having the same rights in the zoning process as every other citizen in this state who lives in a city.
Having Protest Petitions on the books has not hurt jobs or development in cities like Raleigh, Charlotte, Winston or every city in Guilford County.
How about this look all around Greensboro for example:
High Point has PROTEST PETITIONS
Jamestown has PROTEST PETITIONS
Oak Ridge has PROTEST PETITIONS
Summerfield has PROTEST PETITIONS
Pleasant Garden has PROTEST PETITIONS
Gibsonville has PROTEST PETITIONS
Let's also take a look at our state to see who has PROTEST PETITIONS
Charlotte has PROTEST PETITIONS
Durham has PROTEST PETITIONS
Raleigh has PROTEST PETITIONS
Cary has PROTEST PETITIONS
Fayetteville has PROTEST PETITIONS
Winston Salem has PROTEST PETITIONS
Asheville has PROTEST PETITIONS
Chapel Hill has PROTEST PETITIONS
Concord has PROTEST PETITIONS
Gastonia has PROTEST PETITIONS
Greenville has PROTEST PETITIONS
Jacksonville has PROTEST PETITIONS
Rocky Mount has PROTEST PETITIONS
Wilmington has PROTEST PETITIONS
It is time for neighborhoods all over Greensboro to say to the Greensboro City Council enough is enough and to deny us the right to a Protest Petition in the zoning process is a
TOTAL INJUSTICE TO THE CITIZENS OF GREENSBORO.
UPDATE
blogging on this issue at Allen Johnson's News and Record site
CLICKHERE
Jan 7, 2009
PEOPLE POWER by YES! WEEKLY on PROTEST PETITIONS
Jordan Green from Yes! Weekly has a new article called "People Power" CLICKHERE or click on the title above, which talks about the upcoming meeting at the Greensboro City Council in regards to giving the right to a Protest Petition in zoning cases back to the citizens of Greensboro. Remember that every city in this state abides by Protest Petition but not Greensboro . It is not fair to Greensboro residents in this regards but to hear Greensboro City Council member say this in the article
" Echoing TREBIC’s argument, at-large Councilman Robbie Perkins predicted the protest petition will fail to gain the council’s support.
After looking at what’s on the books at the state, if I were voting on that particular piece of legislation today, I couldn’t support it,” said Perkins, who is president of NAI Piedmont Triad, which advertises itself as the largest full-service, privately owned real estate services firm in the Triad. The company holds a “silver” membership in TREBIC. "
Then Marlene Sanford from the Triad Real Estate and Building Industry Coalition had this to say, "President Marlene Sanford, whose organization provides government advocacy to Guilford County trade associations and businesses, said members feel “very strongly” about preventing the restoration of the protest petition. “It’s an antiquated policy and it needs to be done away with statewide,”
As you can see the special interest group want to deny you the citizen of Greensboro the right to a Protest Petition but keep in mind that if you were in any city all over this great state then if you had a zoning case in front of a City Council and wanted to use the Protest Petition you could do that. Just on principal this is a total injustice to you as a Greensboro citizen.
In this article Robbie Perkins had this to say"It’s an antiquated statute that’s been out of date for some time, so we shouldn’t jump on the bandwagon just because everyone else has.” This is not jumping on the bandwagon this bandwagon has been available to citizens of this state for a very long time , here is what is antiquated the exemption of Greensboro from this statute.
But let's look at the other side of coin and in the article Donna Newton from the Greensboro Neighborhood Congress is quoted as saying this, "Our position is that this is a right and recourse that has been taken from the residents of Greensboro,” said Donna Newton, advisor to the congress, “while the whole rest of the state continues to have the right. And we want it reinstated.”
Also in the article and we have a post here on the upcoming meeting, "The protest petition has also received formal support from the 112-member League of Women Voters of the Piedmont Triad". The League of Women Voters has been on board this issue since the beginning and would like you to come and hear David Owens from the UNC School of Government speak next week on Protest Petitions, CLICKHERE for details.
The best part of the article is to hear this"Should the council vote down the protest petition, the NC General Assembly can still pass legislation to restore it without a formal request from council. NC Rep. Pricey Harrison, a Guilford County Democrat, has promised to introduce such legislation when the General Assembly reconvenes later this month. " All along this has been a state issue from the beginning to help and remedy a total injustice to the citizens of Greensboro.
Read the article or pick it up at a newstand in the Triad.
The time is now to write your Greensboro City Council members and let them know you want Protest Petitions Back in Greensboro.All you need to do is go to the left hand side of this blog and click on Greensboro City Council e-mail center. While you are at please e-mail the State representatives from Guilford County on bringing back Protest Petitions to Greensboro.
" Echoing TREBIC’s argument, at-large Councilman Robbie Perkins predicted the protest petition will fail to gain the council’s support.
After looking at what’s on the books at the state, if I were voting on that particular piece of legislation today, I couldn’t support it,” said Perkins, who is president of NAI Piedmont Triad, which advertises itself as the largest full-service, privately owned real estate services firm in the Triad. The company holds a “silver” membership in TREBIC. "
Then Marlene Sanford from the Triad Real Estate and Building Industry Coalition had this to say, "President Marlene Sanford, whose organization provides government advocacy to Guilford County trade associations and businesses, said members feel “very strongly” about preventing the restoration of the protest petition. “It’s an antiquated policy and it needs to be done away with statewide,”
As you can see the special interest group want to deny you the citizen of Greensboro the right to a Protest Petition but keep in mind that if you were in any city all over this great state then if you had a zoning case in front of a City Council and wanted to use the Protest Petition you could do that. Just on principal this is a total injustice to you as a Greensboro citizen.
In this article Robbie Perkins had this to say"It’s an antiquated statute that’s been out of date for some time, so we shouldn’t jump on the bandwagon just because everyone else has.” This is not jumping on the bandwagon this bandwagon has been available to citizens of this state for a very long time , here is what is antiquated the exemption of Greensboro from this statute.
But let's look at the other side of coin and in the article Donna Newton from the Greensboro Neighborhood Congress is quoted as saying this, "Our position is that this is a right and recourse that has been taken from the residents of Greensboro,” said Donna Newton, advisor to the congress, “while the whole rest of the state continues to have the right. And we want it reinstated.”
Also in the article and we have a post here on the upcoming meeting, "The protest petition has also received formal support from the 112-member League of Women Voters of the Piedmont Triad". The League of Women Voters has been on board this issue since the beginning and would like you to come and hear David Owens from the UNC School of Government speak next week on Protest Petitions, CLICKHERE for details.
The best part of the article is to hear this"Should the council vote down the protest petition, the NC General Assembly can still pass legislation to restore it without a formal request from council. NC Rep. Pricey Harrison, a Guilford County Democrat, has promised to introduce such legislation when the General Assembly reconvenes later this month. " All along this has been a state issue from the beginning to help and remedy a total injustice to the citizens of Greensboro.
Read the article or pick it up at a newstand in the Triad.
The time is now to write your Greensboro City Council members and let them know you want Protest Petitions Back in Greensboro.All you need to do is go to the left hand side of this blog and click on Greensboro City Council e-mail center. While you are at please e-mail the State representatives from Guilford County on bringing back Protest Petitions to Greensboro.
Jan 5, 2009
Triad Real Estate and Building Indusrty Coalition Talking Points Memo Exposed
Below the fold is a talking points memo that came out from the Triad Real Estate and Building Industry Coalition(TREBIC). Let's go back in history to around May of 2008 where this special interest group flooded the e-mail boxes of the Guilford Delegation in the State House with this memo and you can also see the annotated version as well.
The title of the post was "TREBIC propaganda letter to the State Legislators with comments."
CLICKHERE to see the post or click on the title above.
This newer version of TREBIC's talking points is pretty much the same as before but with a few more condescending words to say about the citizens of Greensboro. For example , "But neighborhoods frequently oppose these unfamiliar concepts ". Neighborhoods all over Greensboro are very familiar with these concepts and for TREBIC to say that is pathetic.
Another point to ponder is to hear this, "If we have to allow Protest Petitions because “everybody else does”, then we also have to outlaw the rental inspection program, the Citizen Initiative Petitions and any other unique programs. "The rental inspection program has nothing to do with Protest Petitions and to see
TREBIC get a hold of the RUCO board to water down the program to practically nothing and wanted to do away with the whole program CLICKHERE and to hear about the never used Citizen Initiative Petition is a complete joke. How many times has the citizen initiative petition been used in the past 30 years? Neighborhoods all over Greensboro have been going to the zoning process with one hand tied behind their back and it is finally time for the hand to be untied and level the playing field.
There has been talk about how giving this right back to the citizens of Greensboro would hurt jobs. This statute has nothing to do with one job. If it was a job issue then why has Charlotte and Raleigh grown faster than Greensboro when both of those cities have Protest Petition's on the books.
It is time for everyone in Greensboro to understand why the special interest group is fighting this tooth and nail .
It is time for the citizens of Greensboro to know that every city in this state abides by Protest Petition's and it is not antiquated but the exemption of Greensboro is.
It is time for the citizens of Greensboro to have this right to a Protest Petition in the zoning process.
It is time to tell the Greensboro City Council how you feel.
It is time to also let your North Carolina Guilford Delegation know how you feel.
All of this can be done by looking at this blog on the left hand side and e-mail the Guilford Delegation and the Greensboro City Council.
IT IS TIME FOR ALL THE CITIZENS OF GREENSBORO TO JOIN US ON JANUARY 21, 2009 TO TELL THE GREENSBORO CITY COUNCIL "BRING BACK PROTEST PETITIONS TO GREENSBORO"
Below is the newer version of TREBIC talking points.
________________________________________________________
Triad Real Estate and Building Industry Coalition
TREBIC opposes rezoning Protest Petitions in Greensboro.
Proponents claim that “everybody else has it” and “we need to level the playing field.”
Consider this…
EVERYBODY ELSE HAS IT?
- None of the 100 NC counties allow Protest Petitions.
- While some other states do allow protest petitions, it is not pervasive and we have found no states that allow a mere 5% to lodge a protest.
Furthermore:
- We’re one of only half a dozen or so NC cities with a rental unit inspection ordinance.
- We’re one of only 10 cities that allow Citizen Initiative Petitions that take ordinances to a citywide referendum (remember the baseball stadium vote a few years ago?) (source-IOG)
- We’re 1 of only 2 cities that allows Citizen Initiative Petitions apply to rezonings. (source-IOG) This is apparently why we were exempted from the Protest Petition in 1971.
If we have to allow Protest Petitions because “everybody else does”, then we also have to outlaw the rental inspection program, the Citizen Initiative Petitions and any other unique programs.
LEVELING THE PLAYING FIELD?
Protest petitions were “born” in the early 1900s because getting information to the public was difficult. Now, nearly 100 years later we’re in the “information age” and the problem no longer exists.
- There are strict rules for public notice, and TREBIC supported Greensboro’s recent change to earlier, more widespread notification rules and website posting of rezoning information.
- Most developers voluntarily meet with neighbors. Greensboro’s draft land development ordinance officially encourages this and so does TREBIC.
- Rezonings already require a 2/3 vote to pass (6 of 9 votes), or else a second reading at the next meeting, giving opponents 2 to 3 extra weeks to lobby the issue further.
- Greensboro’s Conditional Use Rezonings are legislative rather than quasi-judicial, to allow neighbors more effective involvement in the process, and TREBIC supports this.
- NC’s protest petition process allows a mere 5% of owners within 100’ to trigger a requirement for a 75% vote of the full council (not “those present”) to pass the rezoning. In Greensboro that’s 7, so it essentially gives just 3 Council members veto power over rezoning decisions. It is patently absurd that a mere 5% of neighbors can so severely curtail someone else’s property rights. You can change the US Constitution with less than that!
GOOD GROWTH MANAGEMENT?
"Infill" development and redevelopment was not an issue a century ago, but it is now. Smarter growth management plans like Greensboro’s Connections 2025 Comprehensive Plan promote infill, higher densities and mixed uses. But neighborhoods frequently oppose these unfamiliar concepts and allowing protest petitions will make it even harder to achieve them. The draft revamped Land Development Ordinance seeks to implement these concepts while mitigating impacts on existing neighborhood, so neighborhood conflicts should be minimized in the future. In the interim, Conditional zoning is used to mitigate site specific issues.
Greensboro goes to great effort to balance business friendliness with neighborhood stability. Protest Petitions are a step backwards and just another road block in the way of and already reeling industry that is responsible for building local government tax base. Frankly, the protest petition is antiquated and should probably be repealed statewide.
The title of the post was "TREBIC propaganda letter to the State Legislators with comments."
CLICKHERE to see the post or click on the title above.
This newer version of TREBIC's talking points is pretty much the same as before but with a few more condescending words to say about the citizens of Greensboro. For example , "But neighborhoods frequently oppose these unfamiliar concepts ". Neighborhoods all over Greensboro are very familiar with these concepts and for TREBIC to say that is pathetic.
Another point to ponder is to hear this, "If we have to allow Protest Petitions because “everybody else does”, then we also have to outlaw the rental inspection program, the Citizen Initiative Petitions and any other unique programs. "The rental inspection program has nothing to do with Protest Petitions and to see
TREBIC get a hold of the RUCO board to water down the program to practically nothing and wanted to do away with the whole program CLICKHERE and to hear about the never used Citizen Initiative Petition is a complete joke. How many times has the citizen initiative petition been used in the past 30 years? Neighborhoods all over Greensboro have been going to the zoning process with one hand tied behind their back and it is finally time for the hand to be untied and level the playing field.
There has been talk about how giving this right back to the citizens of Greensboro would hurt jobs. This statute has nothing to do with one job. If it was a job issue then why has Charlotte and Raleigh grown faster than Greensboro when both of those cities have Protest Petition's on the books.
It is time for everyone in Greensboro to understand why the special interest group is fighting this tooth and nail .
It is time for the citizens of Greensboro to know that every city in this state abides by Protest Petition's and it is not antiquated but the exemption of Greensboro is.
It is time for the citizens of Greensboro to have this right to a Protest Petition in the zoning process.
It is time to tell the Greensboro City Council how you feel.
It is time to also let your North Carolina Guilford Delegation know how you feel.
All of this can be done by looking at this blog on the left hand side and e-mail the Guilford Delegation and the Greensboro City Council.
IT IS TIME FOR ALL THE CITIZENS OF GREENSBORO TO JOIN US ON JANUARY 21, 2009 TO TELL THE GREENSBORO CITY COUNCIL "BRING BACK PROTEST PETITIONS TO GREENSBORO"
Below is the newer version of TREBIC talking points.
________________________________________________________
Triad Real Estate and Building Industry Coalition
TREBIC opposes rezoning Protest Petitions in Greensboro.
Proponents claim that “everybody else has it” and “we need to level the playing field.”
Consider this…
EVERYBODY ELSE HAS IT?
- None of the 100 NC counties allow Protest Petitions.
- While some other states do allow protest petitions, it is not pervasive and we have found no states that allow a mere 5% to lodge a protest.
Furthermore:
- We’re one of only half a dozen or so NC cities with a rental unit inspection ordinance.
- We’re one of only 10 cities that allow Citizen Initiative Petitions that take ordinances to a citywide referendum (remember the baseball stadium vote a few years ago?) (source-IOG)
- We’re 1 of only 2 cities that allows Citizen Initiative Petitions apply to rezonings. (source-IOG) This is apparently why we were exempted from the Protest Petition in 1971.
If we have to allow Protest Petitions because “everybody else does”, then we also have to outlaw the rental inspection program, the Citizen Initiative Petitions and any other unique programs.
LEVELING THE PLAYING FIELD?
Protest petitions were “born” in the early 1900s because getting information to the public was difficult. Now, nearly 100 years later we’re in the “information age” and the problem no longer exists.
- There are strict rules for public notice, and TREBIC supported Greensboro’s recent change to earlier, more widespread notification rules and website posting of rezoning information.
- Most developers voluntarily meet with neighbors. Greensboro’s draft land development ordinance officially encourages this and so does TREBIC.
- Rezonings already require a 2/3 vote to pass (6 of 9 votes), or else a second reading at the next meeting, giving opponents 2 to 3 extra weeks to lobby the issue further.
- Greensboro’s Conditional Use Rezonings are legislative rather than quasi-judicial, to allow neighbors more effective involvement in the process, and TREBIC supports this.
- NC’s protest petition process allows a mere 5% of owners within 100’ to trigger a requirement for a 75% vote of the full council (not “those present”) to pass the rezoning. In Greensboro that’s 7, so it essentially gives just 3 Council members veto power over rezoning decisions. It is patently absurd that a mere 5% of neighbors can so severely curtail someone else’s property rights. You can change the US Constitution with less than that!
GOOD GROWTH MANAGEMENT?
"Infill" development and redevelopment was not an issue a century ago, but it is now. Smarter growth management plans like Greensboro’s Connections 2025 Comprehensive Plan promote infill, higher densities and mixed uses. But neighborhoods frequently oppose these unfamiliar concepts and allowing protest petitions will make it even harder to achieve them. The draft revamped Land Development Ordinance seeks to implement these concepts while mitigating impacts on existing neighborhood, so neighborhood conflicts should be minimized in the future. In the interim, Conditional zoning is used to mitigate site specific issues.
Greensboro goes to great effort to balance business friendliness with neighborhood stability. Protest Petitions are a step backwards and just another road block in the way of and already reeling industry that is responsible for building local government tax base. Frankly, the protest petition is antiquated and should probably be repealed statewide.
Jan 4, 2009
Greensboro Neighborhood Congress is 100% Behind Restoring Protest Petition's to Greensboro
The Greensboro Neighborhood Congress is a organization comprised of neighborhood organizations representing neighborhoods all over the City of Greensboro. The Greensboro Neighborhood Congress is made up of well over 46 member neighborhood organizations that include well over 16,000 households.These neighborhoods are located throughout Greensboro's five voting districts making the Greensboro Neighborhood Congress one of the most socio-economically and racially diverse organizations in Greensboro.
source(letter to the Department of Justice on March 12, 2008)
What is the Greensboro Neighborhood Congress?
Mission Statment:
The Greensboro Neighborhood Congress, a city-wide alliance of neighborhoods, seeks to improve the quality of life within the City of Greensboro by addressing issues of city-wide importance and by empowering neighborhoods to resolve neighborhood-specific concerns.
_______________________________________________________
The Coalition of Concerned Citizens of the Triad would like to thank the Greensboro Neighborhood Congress for their support on this issue and below is what Donna Newton from the Neighborhood Congress sent out to all the members.
As most of you know, the Greeensboro Neighborhood Congress voted to support the reinstatement of the right of Protest Petition to the citizens of Greensboro. At this time, Greensboro is the only City in the state that does not have this right.
The League of Women Voters also supports the Protest Petition and is sponsoring a presentation by an expert on the subject as described in the flier below.
Please register and join me on January 13 to hear this presentation.
The City Council will hear comments regarding the petition at their meeting on January 21 and then vote on whether to support the protest petition in their legislative agenda. The Congress will be represented at the January 21 meeting to present in favor of reinstituting the Protest Petition. Please join us then as well. We will need a strong showing at that meeting.
Lunch with the League
League of Women Voters of the Piedmont Triad
Tuesday, January 13, 2009, 12:00 noon
Holy Trinity Episcopal Church, Haywood Duke Meeting Room
605 N. Greene St. near downtown Greensboro
“The Protest Petition”
Speaker: Dr. David Owens, Gladys H. Coates Professor,
Public Law and Government
School of Government, UNC-CH
Dr. David Owens, an expert on land use topics, the scope of local government authority, planning legislation and urban growth management, has been a member of the Institute of Government since 1989. Prior to that, he was an attorney and senior planner for the Planning Office. He received a graduate planning degree and law degree from UNC-CH.
About the Protest Petition:
This is a North Carolina general statute (160A-385(a) that gives residents of a neighborhood an opportunity to protest rezoning and land use requests. All major NC cities except Greensboro have the protest petition.
References: Greensboro News & Record editorials, March 2 2008: “The right to protest,” and May 14 1008: “Get on board protest petitions.”
Yes Weekly Jordan Green analysis, February 12 2008: “A rezoning chronicle: “How Greensboro lost the protest petition;” Editorial June 30 2008: “TREBIC vs. Protest Petition.”
The January 13, 2009 program is free. Everyone is invited. Reservations are necessary if you’d like to have lunch at a cost of $8.00 per person. Make reservations by Friday, January 9 and please arrive at noon on the 13th if you plan to have lunch. Reservations: tkwhitacre@triad.rr.com or call Trudy Whitacre at 336-643-2131.
Don’t miss this vital opportunity for greater understanding of the need for transparency and citizen participation in decision-making!
Jan 1, 2009
Lunch With The League January 13, 2009 Topic: PROTEST PETITION
Lunch with the League
League of Women Voters of the Piedmont Triad CLICKHERE
Tuesday, January 13, 2009, 12:00 noon
Holy Trinity Episcopal Church, Haywood Duke Meeting Room
605 N. Greene St. near downtown Greensboro Mapquest CLICKHERE
“The Protest Petition”
Speaker: Dr. David Owens, Gladys H. Coates Professor, CLICKHERE
Public Law and Government
School of Government, UNC-CH
Dr. David Owens, an expert on land use topics, the scope of local government authority, planning legislation and urban growth management, has been a member of the Institute of Government since 1989. Prior to that, he was an attorney and senior planner for the Planning Office. He received a graduate planning degree and law degree from UNC-CH.
About the Protest Petition:
This is a North Carolina general statute (160A-385(a) that gives residents of a neighborhood an opportunity to protest rezoning and land use requests. All major NC cities except Greensboro have the protest petition.
References:
Greensboro News & Record editorials,
March 2 2008: “The right to protest,” CLICKHERE
May 14 1008: “Get on board protest petitions.” CLICKHERE
Yes Weekly Jordan Green analysis,
February 12 2008:
“A rezoning chronicle: “How Greensboro lost the protest petition;” CLICKHERE
Editorial June 30 2008: “TREBIC vs. Protest Petition.” CLICKHERE
The January 13, 2009 program is free. Everyone is invited. Reservations are necessary if you’d like to have lunch at a cost of $8.00 per person. Make reservations by Friday, January 9 and please arrive at noon on the 13th if you plan to have lunch. Reservations: http://us.mc387.mail.yahoo.com/mc/compose?to=tkwhitacre@triad.rr.com or call Trudy Whitacre at 336-643-2131.
Don’t miss this vital opportunity for greater understanding of the need for transparency and citizen participation in decision-making!
League of Women Voters of the Piedmont Triad CLICKHERE
Tuesday, January 13, 2009, 12:00 noon
Holy Trinity Episcopal Church, Haywood Duke Meeting Room
605 N. Greene St. near downtown Greensboro Mapquest CLICKHERE
“The Protest Petition”
Speaker: Dr. David Owens, Gladys H. Coates Professor, CLICKHERE
Public Law and Government
School of Government, UNC-CH
Dr. David Owens, an expert on land use topics, the scope of local government authority, planning legislation and urban growth management, has been a member of the Institute of Government since 1989. Prior to that, he was an attorney and senior planner for the Planning Office. He received a graduate planning degree and law degree from UNC-CH.
About the Protest Petition:
This is a North Carolina general statute (160A-385(a) that gives residents of a neighborhood an opportunity to protest rezoning and land use requests. All major NC cities except Greensboro have the protest petition.
References:
Greensboro News & Record editorials,
March 2 2008: “The right to protest,” CLICKHERE
May 14 1008: “Get on board protest petitions.” CLICKHERE
Yes Weekly Jordan Green analysis,
February 12 2008:
“A rezoning chronicle: “How Greensboro lost the protest petition;” CLICKHERE
Editorial June 30 2008: “TREBIC vs. Protest Petition.” CLICKHERE
The January 13, 2009 program is free. Everyone is invited. Reservations are necessary if you’d like to have lunch at a cost of $8.00 per person. Make reservations by Friday, January 9 and please arrive at noon on the 13th if you plan to have lunch. Reservations: http://us.mc387.mail.yahoo.com/mc/compose?to=tkwhitacre@triad.rr.com or call Trudy Whitacre at 336-643-2131.
Don’t miss this vital opportunity for greater understanding of the need for transparency and citizen participation in decision-making!
Dec 29, 2008
Greensboro News and Record Trifecta on Protest Petitions
Protest Petitions for Greensboro was front and center in the Greensboro News and Record on Sunday December 29, 2008. The Trifecta consisted of an interview with Keith Brown, Mark Binker front page article and lead editorial .
Below is what was written about Protest Petitions for Greensboro
10 questions with Keith Brown here is the link CLICKHERE
Greensboro News and Record Capital Beat Reporter Mark Binker here is the link CLICKHERE
Below is the quote in paper
"Outside the budget, legislators will find themselves dealing with a number of issues of particular importance to Greensboro and the area.
Two of the most high-profile: Greensboro politicians are discussing returning the power of protest petitions to the city. Such petitions allow neighbors to make it more difficult to develop or redevelop a piece of property by forcing a super-majority of the City Council to approve land-use changes.Vaughan and Rep. Pricey Harrison have expressed interest and have said they would work to return the power to Greensboro's citizens. " Note the other issue is called Jordan Lakes Rules.
Then Lead Editorial with the title called " Editorial: An early line on 2009" , had this to say
" The legislature restores Greensboro citizens' right to file protest petitions in rezoning cases -- but it turns out that all proposed new development projects please everyone."
Now that is funny about the proposed development. Go ask the neighborhood near Elm Street and Cornwallis about pleasing them on that zoning case.
Here is the link to that article CLICKHERE
Below is what was written about Protest Petitions for Greensboro
10 questions with Keith Brown here is the link CLICKHERE
Greensboro News and Record Capital Beat Reporter Mark Binker here is the link CLICKHERE
Below is the quote in paper
"Outside the budget, legislators will find themselves dealing with a number of issues of particular importance to Greensboro and the area.
Two of the most high-profile: Greensboro politicians are discussing returning the power of protest petitions to the city. Such petitions allow neighbors to make it more difficult to develop or redevelop a piece of property by forcing a super-majority of the City Council to approve land-use changes.Vaughan and Rep. Pricey Harrison have expressed interest and have said they would work to return the power to Greensboro's citizens. " Note the other issue is called Jordan Lakes Rules.
Then Lead Editorial with the title called " Editorial: An early line on 2009" , had this to say
" The legislature restores Greensboro citizens' right to file protest petitions in rezoning cases -- but it turns out that all proposed new development projects please everyone."
Now that is funny about the proposed development. Go ask the neighborhood near Elm Street and Cornwallis about pleasing them on that zoning case.
Here is the link to that article CLICKHERE
Dec 28, 2008
Greensboro News and Record 10 Questions Article on Protest Petition for Greensboro and Keith Brown
In today's local section of the Greensboro News and Record Sunday December 28, 2008 they have a segment called "10 Questions" CLICKHERE where they interview local citizens and ask them questions.
I was asked to come in for an interview to talk about the issues and how I got started on my local blogs . It is with great thanks that I want everyone who has helped me along the way on these 2 blogs Triadwatch and Protest Petitions for Greensboro .
Below is the whole article for all to see.
10 PLUS QUESTIONS FOR KEITH BROWN
If you are thinking about running for office in Guilford County, you might want to start reading Keith Brown's blogs. That's because the Greensboro native and current High Point resident has made it his business to investigate area power brokers.In his blog Triad Watch, he has taken on developers and uncovered incomplete campaign finance reports from local pols. His other blog, Protest Petition for Greensboro, advocates for a statute that requires a super majority to approve zoning cases when abutters don't approve.Brown sat down with reporter Amanda Lehmert to talk about his work as a watchdog.
Q. Why did you start blogging?
A. There was a rezoning case off Friendly Avenue. It was such a controversial case, I think it barely passed City Council, and Robbie Perkins was the deciding vote on that case. I said, "Listen, this is unfair to the citizens of Greensboro. They need to have the right to have a protest petition like everyone else." A lot of the bloggers started to get into it. That was the next avenue. You need to get a blog.
Q. When did you start protestpetitiongreensboro.blogspot.com?
A. I started the protest petition blog back in February 2008.
Q. What about your other blog, triadwatch.blogspot.com?
A. Triad Watch came about because I pigeonholed myself into the protest petition blog. So if I ever wanted to write about any other avenue - for example transparency in government, Heart of the Triad, rezoning cases - I couldn't write about it on a protest petition blog.
Q. What makes blogging a good format for you?
A. I think there are a lot of issues out there that places like the Greensboro News & Record won't write about. For example, the campaign contributions is the big thing I am into. I look at the lax reporting of a lot of people from Guilford County on their campaign contributions.
Q. How do you research campaign contributions?
A. You can go on the Guilford County Board of Elections Web site and actually see who is giving campaign contributions. You can really see who are the movers and the shakers in town and who is giving money to who. That's what I really want to report about.
Q. Right now you have a letter out to the state Board of Elections questioning a local campaign finance report. How did that come about? What were you looking for and what did you find?
A. I was just looking at the Simkins PAC (political action committee). ... One of the things I noticed was there was a $5,000 contribution from Action Greensboro, and that was reported under individual contributions in the Sim kins PAC.You have to wonder, why do they give a $5,000 contribution to the Sim kins PAC? It was because they wanted all those (Greensboro 2008) bonds to pass, I'm sure. That was one of those things that I thought, this isn't right because it was under individual contributions. I am trying to figure out , can Action Greensboro, as a nonprofit, give money to a political action committee? Second of all, I would like to know, why was that labeled under individual contributions?
Q. What other kinds of issues have you uncovered in the campaign finance reports?
A. (County Commissioner Skip Alston's second quarter report) had nine contributions and they had nothing underneath for job profession or where they worked. Some didn't even have an address under there. The North Carolina general statute states that you have to have name, address and who their employer is. It's called transparency in government. We have to know who these people are and who they are giving to. Do they have a zoning case in front of the Guilford County Board of Commissioners? It's not just Skip Alston . Larry Proctor (who ran for at-large commissioner) is another. (County Commissioner) Paul Gibson was another one.
Q. Who has done a good job filling out their paperwork?
A. Kirk Perkins was a gold star Guilford County commissioner. He had everything. There was not one thing wrong with his campaign contributions. I don't see why they can't do the same thing Kirk Perkins did. He's his own campaign treasurer. So if anyone wants to learn, learn from him.
Q. How did you become interested in doing this kind of investigative work?
A. There was that (Society of Professional Journalists) Citizen Journalism Academy. I did go to that. One of the main things I got out of it was (learning about) the Freedom of Information Act.
Q. As a High Point resident, why are you so interested in things that happen in Greensboro?
A. I have lived here my whole life. I grew up here. There are things I want to do in High Point, too. I want to see a city like High Point, which is in the top 10 in the state, actually come into the year 2009 and start videotaping their City Council meetings.High Point needs that because nobody goes to the meetings.
I was asked to come in for an interview to talk about the issues and how I got started on my local blogs . It is with great thanks that I want everyone who has helped me along the way on these 2 blogs Triadwatch and Protest Petitions for Greensboro .
Below is the whole article for all to see.
10 PLUS QUESTIONS FOR KEITH BROWN
If you are thinking about running for office in Guilford County, you might want to start reading Keith Brown's blogs. That's because the Greensboro native and current High Point resident has made it his business to investigate area power brokers.In his blog Triad Watch, he has taken on developers and uncovered incomplete campaign finance reports from local pols. His other blog, Protest Petition for Greensboro, advocates for a statute that requires a super majority to approve zoning cases when abutters don't approve.Brown sat down with reporter Amanda Lehmert to talk about his work as a watchdog.
Q. Why did you start blogging?
A. There was a rezoning case off Friendly Avenue. It was such a controversial case, I think it barely passed City Council, and Robbie Perkins was the deciding vote on that case. I said, "Listen, this is unfair to the citizens of Greensboro. They need to have the right to have a protest petition like everyone else." A lot of the bloggers started to get into it. That was the next avenue. You need to get a blog.
Q. When did you start protestpetitiongreensboro.blogspot.com?
A. I started the protest petition blog back in February 2008.
Q. What about your other blog, triadwatch.blogspot.com?
A. Triad Watch came about because I pigeonholed myself into the protest petition blog. So if I ever wanted to write about any other avenue - for example transparency in government, Heart of the Triad, rezoning cases - I couldn't write about it on a protest petition blog.
Q. What makes blogging a good format for you?
A. I think there are a lot of issues out there that places like the Greensboro News & Record won't write about. For example, the campaign contributions is the big thing I am into. I look at the lax reporting of a lot of people from Guilford County on their campaign contributions.
Q. How do you research campaign contributions?
A. You can go on the Guilford County Board of Elections Web site and actually see who is giving campaign contributions. You can really see who are the movers and the shakers in town and who is giving money to who. That's what I really want to report about.
Q. Right now you have a letter out to the state Board of Elections questioning a local campaign finance report. How did that come about? What were you looking for and what did you find?
A. I was just looking at the Simkins PAC (political action committee). ... One of the things I noticed was there was a $5,000 contribution from Action Greensboro, and that was reported under individual contributions in the Sim kins PAC.You have to wonder, why do they give a $5,000 contribution to the Sim kins PAC? It was because they wanted all those (Greensboro 2008) bonds to pass, I'm sure. That was one of those things that I thought, this isn't right because it was under individual contributions. I am trying to figure out , can Action Greensboro, as a nonprofit, give money to a political action committee? Second of all, I would like to know, why was that labeled under individual contributions?
Q. What other kinds of issues have you uncovered in the campaign finance reports?
A. (County Commissioner Skip Alston's second quarter report) had nine contributions and they had nothing underneath for job profession or where they worked. Some didn't even have an address under there. The North Carolina general statute states that you have to have name, address and who their employer is. It's called transparency in government. We have to know who these people are and who they are giving to. Do they have a zoning case in front of the Guilford County Board of Commissioners? It's not just Skip Alston . Larry Proctor (who ran for at-large commissioner) is another. (County Commissioner) Paul Gibson was another one.
Q. Who has done a good job filling out their paperwork?
A. Kirk Perkins was a gold star Guilford County commissioner. He had everything. There was not one thing wrong with his campaign contributions. I don't see why they can't do the same thing Kirk Perkins did. He's his own campaign treasurer. So if anyone wants to learn, learn from him.
Q. How did you become interested in doing this kind of investigative work?
A. There was that (Society of Professional Journalists) Citizen Journalism Academy. I did go to that. One of the main things I got out of it was (learning about) the Freedom of Information Act.
Q. As a High Point resident, why are you so interested in things that happen in Greensboro?
A. I have lived here my whole life. I grew up here. There are things I want to do in High Point, too. I want to see a city like High Point, which is in the top 10 in the state, actually come into the year 2009 and start videotaping their City Council meetings.High Point needs that because nobody goes to the meetings.
Dec 2, 2008
GREENSBORO CITIZENS Mark Your Calender for January 21, 2009 PROTEST PETITIONS is on the Agenda
Mayor Yvonne Johnson made a motion even before the agenda started to delay talk on bringing back PROTEST PETITIONS to Greensboro till the January 21, 2009 Greensboro City Council Meeting. If you want to see what the Mayor had to say CLICKHERE then proceed to December 2, 2008 at the 13:45 minute mark on video. Then at 2 hours and 25 minute mark they passed a motion to continue Protest Petitions to January 21, 2009 with a 9-0 vote for item #25.
Here is what Mayor Johnson had to say,"There has been several calls about Protest Petition and a lot of people thought it would be on in January and I would like to know if you had a problem having it on the agenda for January 21, 2009.Is that all right that we do that a number of people had called and I got the message that many of them thought that it would be on in January and I think we need the time to really get a good history of how this started, what's different,what we are doing is it marketability different etc. etc.. All in favor say I and nobody was opposed."
If you as citizens of Greensboro don't think you need Protest Petitions , all you need to do is know that the special interest group Triad Real Estate and Building Industry Coalition are fighting this issue tooth and nail on bringing back Protest Petitions to the zoning process and deny you as a citizen the right to a Protest Petition in the zoning process.
As a Triad resident it is amazing to know that there is a North Carolina General Statute 160a-385 and 386 where every city in the state of North Carolina abides by this city general statute except Greensboro . This means that if you want to fight a zoning case and are none too happy with the case brought before the city council that every other city can bring to the council a valid Protest Petition from High Point to Summerfield to Jamestown to Pleasant Garden to Kernersville to Raleigh to Charlotte and let's add Murphy to Manteo but not Greensboro.
You might not think or know much about Protest Petitions or how they effect me in the zoning process until it happens to your neighborhood. There has been plenty of rezoning cases just in the past year and the past month and even next month where it seems like neighbors in Grensboro and Greensboro only where having a Protest Petition would have been warranted and used for numerous reasons.
For example it looks like neighbors off of cornwallis and elm streets are none too happy with this rezoning case coming in front of the zoning commission CLICKHERE , and a local blogger by the name of David Wharton had this to say at Ed Cone's blog, "And yes, Keith, I do support the protest petition, and think it would be very useful in this situation!"Thanks Mr. Wharton for the endorsement of bringing back Protest Petitions to Greensboro.
This blog cannot stress enough how important it is to show up in force at the Greensboro City Council meeting on January 21, 2009 to show support and speak to the council how you feel.
But if you can't show up please either e-mail the Greensboro City Council CLICKHERE , or call Mayor Yvonne Johnson at 336-373-2396 or CLICKHERE for the Mayor's information.
BRING BACK PROTEST PETITIONS TO GREENSBORO
Here is what Mayor Johnson had to say,"There has been several calls about Protest Petition and a lot of people thought it would be on in January and I would like to know if you had a problem having it on the agenda for January 21, 2009.Is that all right that we do that a number of people had called and I got the message that many of them thought that it would be on in January and I think we need the time to really get a good history of how this started, what's different,what we are doing is it marketability different etc. etc.. All in favor say I and nobody was opposed."
If you as citizens of Greensboro don't think you need Protest Petitions , all you need to do is know that the special interest group Triad Real Estate and Building Industry Coalition are fighting this issue tooth and nail on bringing back Protest Petitions to the zoning process and deny you as a citizen the right to a Protest Petition in the zoning process.
As a Triad resident it is amazing to know that there is a North Carolina General Statute 160a-385 and 386 where every city in the state of North Carolina abides by this city general statute except Greensboro . This means that if you want to fight a zoning case and are none too happy with the case brought before the city council that every other city can bring to the council a valid Protest Petition from High Point to Summerfield to Jamestown to Pleasant Garden to Kernersville to Raleigh to Charlotte and let's add Murphy to Manteo but not Greensboro.
You might not think or know much about Protest Petitions or how they effect me in the zoning process until it happens to your neighborhood. There has been plenty of rezoning cases just in the past year and the past month and even next month where it seems like neighbors in Grensboro and Greensboro only where having a Protest Petition would have been warranted and used for numerous reasons.
For example it looks like neighbors off of cornwallis and elm streets are none too happy with this rezoning case coming in front of the zoning commission CLICKHERE , and a local blogger by the name of David Wharton had this to say at Ed Cone's blog, "And yes, Keith, I do support the protest petition, and think it would be very useful in this situation!"Thanks Mr. Wharton for the endorsement of bringing back Protest Petitions to Greensboro.
This blog cannot stress enough how important it is to show up in force at the Greensboro City Council meeting on January 21, 2009 to show support and speak to the council how you feel.
But if you can't show up please either e-mail the Greensboro City Council CLICKHERE , or call Mayor Yvonne Johnson at 336-373-2396 or CLICKHERE for the Mayor's information.
BRING BACK PROTEST PETITIONS TO GREENSBORO
Subscribe to:
Posts (Atom)
