Greensboro City Council Member Zack Matheny Has A Golfing Buddy,Campaign Donor and Rezoning Case with Protest Petition

Greensboro City Council member Zack Matheny had a lot to say about the controversial rezoning case for properties at the corner of elm street and cornwallis that was brought in front of the council on 11-17-2009. If you would like to see the video CLICKHERE then proceed to the 2:42 mark of video and the part where Zack Matheny spoke like the energizer bunny is around the 3:59 mark on video.

John Stratton was presenting a rezoning case in front of the Greensboro City Council.Campaign donations for this past election shows that John Stratton gave Zack Matheny on 8-24-2009 $100.00 with a election sum to date total of $350.00 , it was also interesting to see John Stratton on the 35 day report for Zack Matheny campaign forms as self employed and business owner maybe you could add developer to your resume when it is in regards to job title or profession or just let treasurer Robert Kidwell know this information for the future .Maybe just maybe in the future we can get rid of these campaign donors who know full well they have business in front of council and will not be able to give for a period of time before or after a election.

When the councilman Zack Matheny was speaking about the area of Greensboro where he lives, he mentioned the area off of elm street called Fountain Manor and said " if voted on today fountain manor wouldn't be passed by any council." Nice try to say that statement about fountain manor , that was about as ridiculous as Betty Smith from the Greater Greensboro Realtors Association say that if Protest Petition had been in play then Lake Jeanette would not have been built, too much hearsay for me.

Let's also take what Zack Matheny had to say in regards to this rezoning case off of elm and cornwallis. "I have never seen a developer work harder. If you ask Mr. Stratton he would probably tell you he and i don't agree on everything. I am a much better golfer than he is for one thing". It looks like Zack Matheny has a golfing buddy in zoning presenter John Stratton. What is your relationship with Mr. Stratton? Was he one of your anonymous investors off of Highway 68 which you will not disclose ?Here is a link to that post, CLICKHERE . How much agreeing and disagreeing goes on between Zack Matheny and John Stratton?

Now let's end with what Greensboro City Council member Zack Matheny had to say at the end of this rezoning case off of elm and cornwallis.

"It surprised me the comment was made setting the stage what this would do for the future of Greensboro. We can let everybody come in like developers and they will control the whole city. I don't think that is correct, neighborhoods have a voice , if you haven't seen it tonight you will in future especially when it pertains to the protest petition."

As you can see from the above statement neighborhoods all over Greensboro are going to finally have their say in regards to zoning cases.This state law should have never been taken away from the citizens of Greensboro. It looks like having Protest Petition back as state law in Greensboro will level the playing field because for way too long we have known how this outcome has been in regards to developers in town because Zack Matheny just said so. Thanks for letting us all know what the future brings for neighborhoods all over Greensboro and hopefully there will be more cases where Protest Petition is used .

Greensboro Zoning Petition Group To Seek NC Help from The Greensboro Telegram

This is a new online news organization called The Greensboro Telegram CLICKHERE . Randall Gregg interviewed Keith Brown for a article called

"Greensboro Zoning Petition Group To Seek NC Help",

here is a few paragraphs from the article and if you want to see the whole article CLICKHERE or click on the title above.

"The protest petition is designed to allow neighborhoods and neighboring landowners to have more input in development, said Brown.

As an example, Brown said that in High Point -- where the protest petition is still in use -- a recent rezoning for a development that included an apartment complex and restaurants near the Wendover Avenue and Highway 68 intersection was opposed by neighbors. They signed the protest petition and the developer's proposal was defeated at the High Point City Council level, as it did not get the "supermajority" needed.

According to Brown, the developer came back and worked with neighboring residents to address some of the issues they were concerned about, such as increased setbacks from neighboring properties, eliminating drive-throughs in the proposed restaurants, and reducing the ability of apartment dwellers to peer into neighbors' back yards."We hashed out a lot of problems," said Brown.

After the conditional requirements were agreed upon and placed on the development, the neighbors withdrew their protest petition and the rezoning was approved, said Brown."

As you can see from the above in the article our neighborhood in High Point called Sutton Place had a rezoning case where we had the right to use the Protest Petitions. It was a very long process but after it was said and done the developer got their apartment complex and our neighborhood got our conditions put on the property. It was a win win scenario. If this would have been in Greensboro with no rights to use Protest Petition then you would have seen a different outcome and the neighborhoods going to the table with one hand tied behind their back this being no right to use the Protest Petition.

It is not fair to the citizens of Greensboro that they don't have the right to use Protest Petition and I urge everyone to talk to your Greensboro City Council members and let them know you want the same rights as every other citizen who lives in a city has.

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.

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.

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.

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!

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

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.