President Elect for Local Realtors Group Wants To Deny Greensboro Citizens The Right To Protest Petition

On Monday 3-28-2011 there was a joint session of the Regulatory Reform Committee meeting at the campus of Guilford Tech . Community College. While looking at my twitter account i came across this tweet by Greensboro News and Record state and federal government reporter Mark Binker which he had this to say,

"TREBIC out in force at #ncga Reg Reform committee asking for repeal of protest petition rules. #GSO just got it back a couple years ago."

Here is a link to Mark Binker's twitter account CLICKHERE

The TREBIC in the post belongs to the Triad Real Estate and Building Industry Coalition our local developer lobbyist organization. It is amazing to think that it hasn't even been 2 years and they are already whining and complaining to the state about this law. To also understand that the citizens of Greensboro have been getting screwed for the past 30 years of not having this state law and we are only going on 2 years of finally having it be a part of the zoning laws to see them complain to the regulatory commission is ridiculous.

 We also have a blog post from Jordan Green at Yes Weekly on this meeting here is what Jordan had to say.

" Lolita Malave, president-elect of the Greensboro Regional Realtors Association, asked the General Assembly to repeal the protest petition, which allows neighboring property owners to trigger a requirement of a 75 percent majority vote for approval of a rezoning request if they file a valid protest petition.



“It is easier to change the US Constitution that it is to rezone your property under the protest petition,” Malave said. “The US Constitution can be changed with a simple-majority vote of the people or a two-thirds majority vote of Congress. By contrast, the owner of 5 percent of the land within 100 feet of a proposed land rezoning project can trigger a requirement for more than a super-majority vote. That equates to more than 75 percent of voters. It is absurd and unfair that such a small number of citizens can and do decide the fate of many.”


One speaker echoed Malave’s appeal, while another spoke in defense of the protest petition.

here is a link to the whole article CLICKHERE

 We also have  our local Greensboro City Council Member Zack Matheny talk about Protest Petition in a council meeting last year here is the clip;












Now we have a local city council member talk about how they are frustrated with Protest Petition being a part of the zoning process and this was over a year ago that the councilman talked about this, then we see this year they go in front of a regulatory commission meeting to let them know how they feel and want it repealed. With this being said it shows to all the citizens of Greensboro that this law is working for it's purpose and needs to stay a part of the process. 

It is time to let our local state representatives know how you feel about Protest Petition and to say to them keep this a state law and it should stay that way.


Here is a link to all of our local representatives if you would like to say to them "KEEP PROTEST PETITION AS STATE LAW".

STATE SENATE SIDE

Don Vaughan CLICKHERE
Gladys Robinson CLICKHERE
Phil Berger CLICKHERE
Stan Bingham CLICKHERE

STATE HOUSE SIDE

John Blust CLICKHERE
Maggie Jeffus CLICKHERE
Pricey Harrison CLICKHERE
Marcus Brandon CLICKHERE
John Faircloth CLICKHERE
Alme Adams CLICKHERE

You can also let the Regulatory Reform Commission know how you feel as well by filling out this form on the state web site  CLICKHERE

Plenty of Blog Post on Protest Petitions for Greensboro Here are The Links

IT is great to see all the blog post on Protest Petitions for Greensboro and this week seeing a bill get passed at the North Carolina General Assembly. Here is a compilation of blog post from this past week. If we missed anyone please let me know but will try to post everyone who posted this past week here they are in no particular order but would like to start with Brenda Bowers who was very sincere with her post and last but not least is FEC he will bring up the rear.



As I Go: Yesterday, Today and Tomorrow
TITLE: Protest Petition YES! Well Done Keith Brown CLICKHERE



Tony Wilkins Busy Being Born
TITLE: Perkins Opinion on Johnson Removal & Protest Petition Return CLICKHERE


Erik Huey at Greensboro Metro
TITLE: Protest Petition Back.......Fully CLICKHERE


Ed Cone at Ed Cone
TITLE: Protest Petitions for Greensboro CLICKHERE


Joe Guarino at Guarino
TITLE: The Mitchell Johnson Firing, the Sanders Trial and Protest Petitions: All of a Sudden, We're Winning CLICKHERE

Mark Binker Capital Beat and Greensboro News and Record
TITLE: Protest Petition Passes quietly CLICKHERE

AND LAST BUT NOT LEAST is

FEC at Vie de Malchance
TITLE: Binker Ignores Brown CLICKHERE

Thanks to everyone in the blogging community it was a long year and hopefully this will give people the understanding that blogs can and do make a difference in this area.

Citizens of Greensboro Protest Petitions Is Now Ready To Become Law

It is with great pleasure that we report today that House Bill #64 to restore Protest Petition to Greensboro will become law once it reaches the Secretary of State.

Mark Binker from the Greensboro News and Record and Capital Beat reports today about this bill, CLICKHERE or click on the title above.

There are a lot of people to thank for making this happen but to see the citizen activism in regards to this exemption of Greensboro from Protest Petitions and to take it to the level of changing this law was great to see.

Now let's see where the Greensboro City Council and Greensboro Planning Department especially Dick Hails has plans for Protest Petitions in the zoning process. Will it be online for all the citizens to see or will it be hidden from the citizens of Greensboro. It will be interesting to see in the future how this will play out.

PROTEST PETITIONS FOR GREENSBORO IS NOW LAW.

Protest Petition Bill Passes 116-0 in N.C. House , March on to Senate Side

Mark Binker from the Greensboro News and Record and Capital Beat CLICKHERE or click on the title above reports today that House Bill #64 has passed the House side with a vote of 116-0 . The bill will now move on to the Senate side of the North Carolina General Assembly.

If you would like to hear State Representative Pricey Harrison introduce the bill CLICKHERE .

Delayed A Day, Delayed A Day on House Bill #64

Mark Binker from the Greensboro News and Record and Capital Beat writes tonight that there was a delay in House Bill #64 CLICHERE or click on the title above.

It was the first time for me to hear the audio on the house legislature and hopefully in future we will see the chamber televised for all the citizens of North Carolina can see their tax money at work for them.

The delay happened because House Rep. Earl Jones couldn't make it to Raleigh and wanted to be there to sign on to this bill according to Mark Binker at the Capital Beat blog.

The next step is in the Senate side of chamber and hopefully it will get a fast pass on becoming a bill.

March on to the Floor of the House with Protest Petition on Monday

Mark Binker from the Greensboro News and Record and Capital Beat CLICKHERE , reports from Raleigh on Protest Petition Bill for Greensboro and here are a few quotes from the article

"The House Judiciary I committee approved a bill this morning that would restore protest petition rights to Greensboro residents."

“This is a very popular issue back home,” Rep. Maggie Jeffus, a Greensboro Democrat, to the committee. “The citizens of Greensboro want this right restored.”

It now moves on to the full House floor on Monday then on to the Senate side of North Carolina General Assembly. It is great news to hear and hopefully by the end of next week there will be even better news will keep you informed.

N.C. State Senator Phil Berger transcript on Protest Petition

Mark Binker from the Greensboro News and Record has the audio of this exchange on May 15, 2008 with North Carolina Senator Phil Berger, click here

Below is the transcript from that exchange:

Mark Binker:

You are pretty much the no don't run the Protest Petition.

Senator Phil Berger:

My reason is because we haven't heard from the Greensboro City Council and I have gotten e-mails from a number of people on both sides.

Some people say we ought to do it, some say we should not do it and the short session is as I understand with reference to local bills limited to non controversial matters.

I don't think anybody would say that this is non controversial.

There are people who support, and there are people who oppose it, but it is clearly controversial.

Short Session NO , Long Session in 2009 Absolutely

It was a long shot to begin with but it seems like Senator Phil Berger thinks it is too controversial to bring up Protest Petitions for Greensboro in the short session in the North Carolina General Assembly.

But there is hope on the horizon when State Representative Pricey Harrison had this to say:

On the matter of Protest Petitions, members of the Guilford delegation met to discuss Greensboro-related legislation for the short session. I broached the idea of introducing a bill to restore the right of protest petition to the citizens of Greensboro . In order for local bills to be eligible for the short session, there must be unanimity among the delegation, and we just don’t have it, so I must wait to file it in January, 2009.

As she states that it will be filed in the long session starting in 2009. There are many angles to the issue of Protest Petitions that played out for a lot of us to see first hand. First being the e mail campaign the Triad Real Estate and Building Industry Coalition also known as the TREBIC CARTEL sent to the State Legislators. It will be fun to debunk and to show you plenty of problems with the TREBIC CARTEL e mail campaign in a future posting.

Also we plan on posting the whole transcript from Mark Binker of the Greensboro News and Record who interviewed Senator Phil Berger on why he opposed the bill. If you want to hear the audio from Mark Binker click here , plus if you want to see the article click here

It is time to thank everyone who has been a part of this process of restoring Protest Petitions to Greensboro . This defeat in the short session is just the first round of a 12 round fight.It will only be another 6 and a half months for finally the citizens of Greensboro will get their chance to pass a bill to have Protest Petitions in Greensboro.
Plus also there will be a future posting on showing how the TREBIC CARTEL and their Modus Operandi works below is the letter they sent to the State Representatives.


From: Marlene Sanford [mailto:msanford@trebic.org]
Sent: Tuesday, May 13, 2008 2:30 PMTo: msanford@trebic.orgSubject: URGENT - Greensboro Protest Petition decision at the May 15 Guilford Delegation meetingImportance: High

May 13, 2008

Senators Stan Bingham, Phil Berger, Katie Dorsett and Kay Hagan, and Representatives Alma Adams, John Blust, Katie Dorsett, Maggie Jeffus, Earl Jones, Pricey Harrison and Laura Wiley

RE: Greensboro Rezoning Protest Petition

Dear Senators and Representatives:

We are very concerned at the discussion of instituting rezoning Protest Petitions in the Greensboro . We urge you NOT to pursue this.

Greensboro was exempted from this in 1971, we think in part because only Greensboro has a Citizen Initiative Petition where citizens can take any ordinance (including rezonings) to a citywide referendum.

Protest petitions were “born” in the early 1900s because getting information to the public was difficult. Now, nearly 100 years later we’re in a new century and the “information age” and the communication problem no longer exists. There are strict rules for public notice and most developers voluntarily meet with neighbors. "Infill" development and redevelopment was not an issue then, but it is now, and allowing protest petitions will make it even harder to achieve smart growth developments where neighborhoods generally oppose higher densities and mixed uses that fit into the "better land use management plan" that Greensboro adopted in 2003. Frankly, the protest petition is antiquated and should be repealed statewide.

NC’s protest petition process allows a mere 5% of property owners within 100’ of the subject property to petition for a 75% vote of the full council (not “those present”) to pass the rezoning. In Greensboro that’s 7, and 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. A democracy is run by majority vote. You can change the constitution of the United States with a simple majority, or with only a 2/3 vote of those elected representatives (Congress) present.

Greensboro 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.

The 100 counties in NC do not allow protest petitions. While some other states do allow protest petitions, it is not pervasive and we found no states that allow a mere 5% to lodge a protest.

Local news reports have quoted City Council members urging caution, and some neighborhood advocates who fear it will impede the implementation of neighborhood preservation efforts. Citywide neighborhood groups are not taking up this cause. Greensboro goes to great effort to balance business friendliness with neighborhood stability, and does a pretty good job of it. This is a local government issue, and the legislative delegation should not pursue it.

Sincerely,


Marlene Sanford
President

Mark Binker from N&R Highlights Protest Petitions in Short Session Article

Mark Binker of the Greensboro News and Record wrote a front page article called "Governor sets priorities for short session", click here .

Below is what was said about bringing back Protest Petitions to Greensboro.

Outside the budget, local legislators say they're bracing for a fast-paced session that could be over by mid-July. Although such predictions are perennially proved overly optimistic, they affect the types of bills legislators are willing to tackle.
For example, Rep. Pricey Harrison, a Greensboro Democrat, was preparing to run a bill that would have banned a certain flame-retardant chemical. But that legislation has been deemed too complex and controversial to handle in the next eight weeks.
Harrison said she was still eager to take up a bill that would give Greensboro residents the right to use protest petitions in land-use cases. If they were available, such petitions would force the City Council to approve changes to a property's legal designation by a 7-2 margin or better.
The tool is available in all other North Carolina cities but was taken away from Greensboro in 1971.
"Most of the people I talked to seem to think we need to do it," said Rep. Alma Adams, a Greensboro Democrat.
The legislation would be a local bill, a designation that usually means the rest of the General Assembly will defer to the judgment of the legislators who represent the area if there is unanimous agreement.
"Normally, with a local bill, you get a resolution from the local government that they're asking for it," said Sen. Phil Berger, a Rockingham County Republican who represents parts of Guilford County.
The council has not passed such a resolution.
"I don't want to say I would stand in the way, I'm just thinking in broad terms about how this would typically move forward," Berger said. "I would like to hear how the city feels about it."
Rep. Maggie Jeffus, a Greensboro Democrat, leads the 10-member Guilford County delegation. Jeffus said she hoped to call a meeting of the delegation this week to resolve the protest petition question and other items.

Bringing back Protest Petitions in a short session of the state legislature is tough to do but can be achievable. Hopefully there will be a bill drafted in the short session and a bill passed. If not then the long session starts in 2009 , and maybe the citizens of Greensboro can finally have the same right as everyone else has who lives in a city in the state of North Carolina.

Now is the time to let your Guilford County Legislators know that you want Protest Petitions sooner rather than later.In this blog there is a place to e mail your representatives. the first post in February is where you can contact the legislators.

Guilford Legislators Looking at Protest Petition Law in N & R

Mr. Mark Binker from the Greensboro News and Record who writes about the Capital Beat in Raleigh has written about how the legislators are looking at Protest Petition and to see where the local legislators stand on the issue and to see if it can be turned into law in the short session. To all those people who are for Greensboro having Protest Petition as a part of the zoning process, then this is one step in the right direction. Enclosed is a link to the online article.

http://www.news-record.com/apps/pbcs.dll/article?AID=/20080311/NRSTAFF/61725183/-1/NEWS