This is a place to get information on Protest Petitions in the State of North Carolina and how back in 1971 the City of Greensboro exempted themselves from this North Carolina General Statute. This blog is here to inform and did make the city of Greensboro be like every other city in this state and have a Protest Petition avaliable to their citizens in the zoning process,by passing a State Law in House Bill #64 during long session of 2009 on 3-5-2009.
Jan 27, 2009
Make A Statement Show Up at Joint Meeting Between Greensboro City Council and Guilford Delegation of State Legislators
TO: Mayor & City Council
FROM: Mitchell Johnson, City Manager
SUBJECT: ITEMS FOR YOUR INFORMATION
Meeting with Guilford Delegation
On Friday, February 6 staff will hold a technical briefing with the Guilford Delegation to Raleigh to review Annexation and Jordan Lake policy, both major items of concern for the city. We will also take the opportunity to encourage the delegation to protect state-shared revenues for municipalities as they look at the budget for this year and next, share the City’s legislative agenda and economic stimulus projects. This meeting is part of our on-going legislative advocacy efforts.
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This would be a great time to let your State Representatives know that you want Protest Petitions back in Greensboro as State Law mandates.
As Clear As Mud by Allen Johnson at N&R
Jan 26, 2009
City of Greensboro Memo Then Sends Out a Clarification
Greensboro residents' exemption from the right to file protest petitions over rezoning issues has caused much debate in our community. At its meeting on Wednesday, January 21, City Council discussed the issue in depth and agreed to consider adding that issue to the legislative agenda.
The protest petition provides that five percent of property owners in an area can protest a rezoning on nearby property. When that occurs, a supermajority of Council must vote in favor of the rezoning if it is to occur. Greensboro was exempted from the law in 1971.
The protest petition, which is granted under state law, says if five percent of property owners in an area sign a rezoning petition, a supermajority of Council must say yes to approve it. Greensboro was exempted from the law in 1971.
To get the ball rolling on restoring the petition, Council requested that the Greensboro Neighborhood Congress and real estate industry representatives develop a compromise version of the petition for consideration in February. If Council approves that version, it will be sent to the state legislature as part of the City's legislative agenda.
At its meeting,
Council also:
Voted to delay a decision on a proposed five-story, $3.6 million building at 324 S. Elm St. until its February 3 meeting. The project, which is proposed by LindBrook Development Services, met strong opposition from other downtown businesses because the developer wants to lease part of a City parking lot for outdoor dining. Current business owners say they can't afford to lose any parking. Council will hold a special meeting on the issue on Tuesday, January 27, at 5 pm (see "Did You Know" on right for more details).
Voted to continue a rezoning request for a new self-storage facility on Fleming Road . Residents in that area oppose the request because it would place the facility in the middle of a single-family home neighborhood. Council directed the developer to meet with residents to resolve issues before a decision is made on the matter.
To view the entire meeting or past meetings, visit City Council's video archive page.
BELOW THE FOLD IS A CLARIFICATION from City of GREENSBORO
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Clarification of "City Council Action Wrap-Up" on Protest Petition Issue
At Wednesday night's City Council meeting, the Council voted to ask the State Legislature to reinstate the protest petition for residents of Greensboro . Separately, Council asked the Neighborhood Congress, the League of Women Voters, and TREBIC to try to reach an agreement on changes that could make both sides comfortable with the legislation, specifically in the percentage of nearby property owners required to trigger the supermajority vote. If that agreement is reached by February 3, it will be submitted as a local bill along with the request to reinstate the protest petition in Greensboro .
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What part of State Law does the City of Greensboro not understand. The Guilford delegation should thank the City of Greensboro for trying to come up with their own TREBIC lead compromise see through the charade and make them comply with the rest of the state. We will see where this process goes from here but any delay will deny the citizens of Greensboro the right to use Protest Petitions in the zoning process. As you can see from the first headline on City of Greensboro connections page it says "Right to Protest Petiton could be reinstated" with the emphasis could be in title. Stay tune and we will see what the State Representatives have to say on this issue.
Jan 25, 2009
She Made Me Post This or She Would Not Speak To Me Again
The undue influence of property developers and corporate interests in local government is not representative of the population at large and diminishes the public trust and threatens private property rights. Financial systems and democratic government are ultimately based on trust of the administrators, and clearly can and will collapse when administered by avaricious, unethical individuals. When this issue comes before the Guilford delegation of the NC General Assembly, I believe they will wisely support the request of "the people".
Cathy M. Poole
1607-A Squire Davis Road
Kernersville, NC 27284
Phone: 336-869-0256
cathypoole@northstate.net
Fox 8 WGHP on Protest Petitions
It is time that the state legislators will see through this compromise crap and make Greensboro comply with the law.
Jan 24, 2009
Lead Editorial Greensboro N&R "Filling In The Blanks" on City Council's Staged Compromise
Here is a few quotes from the lead editorial
"At least give the backers of protest petitions credit for finally budging the council on this issue. But they could have accomplished even more if they had stuck to their guns, called the council's bluff and forced a yes or no vote with no asterisks attached
The bad news is that the council's vote lacked clarity and is missing the most critical aspects of the law: exactly what it will say.
Sometimes a simple question deserves a simple answer. Either you are for the protest petition or you are against it. The council skirted making a clear-cut call and settled for indecision over leadership.
And ambiguity over clarity.
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What part of state law does the Greensboro City notunderstand. I hope the Guilford delegation at the state level will see through this charade and pass a bill to make them comply with NCGS 160a385 and 386 then let the TREBIC CARTEL lobby the whole state to change the law .
This special compromise is a joke and needs to be called out. It is amazing to see that they don't like the bill and want it changed even though in the past 37 years they have never even had protest petitions and haven't even tried it in the zoning process. How can you as a council make the decision that the threshold is too low when you have never even done it in over 37 years.
Amazing and to think that Donna Newton and Marlene Sanford are experts in zoning laws and processes to come up with their so called compromise. The whole thing sounds fishy and am sure they want to delay the whole process before it goes to the state level.
It is my opinion that the Greensboro City Council muddied the waters with this so called compromise so that they want they state legislators to delay this bill to make Greensboro comply with STATE LAW. If they can delay this bill long enough then it will never makes it's way through the process and look who doesn't have Protest Petitions in Greensboro because it was sent in too late, you the citizens of Greensboro
The Greensboro City Council can now say that they are for restoring protest petitions to Greensboro but let's see how the state level reacts to this last minute compromise. It would have been political suicide to deny this right to the citizens but they were appeasing the TREBIC CARTEL with this so called compromise .
If you want your voice heard you can e-mail your state representatives and let them know you want what every other citizen who lives in a municipality has , which is North Carolina General Statute 160a-385 and 386, no delay . Below are the new e-mails for the Guilford delegation at the state level .
GUILFORD DELEGATION E-Mail Addresses
House
Alma Adams House District 58 Alma.Adams@ncleg.net
John Blust House District 62 John.Blust@ncleg.net
Pricey Harrison House District 57 Pricey.Harrison@ncleg.net
Maggie Jeffus House District 59 Maggie.Jeffus@ncleg.net
Earl Jones House District 60 Earl.Jones@ncleg.net
Laura Wiley House District 61 Laura.Wiley@ncleg.net
Senate
Phil Berger District 26 philbe@ncleg.net
Stan Bingham District 33 stanb@ncleg.net
Katie Dorsett District 28 Katied@ncleg.net
Don Vaughan District 27 Don.Vaughan@ncleg.net
Jan 22, 2009
The Speech That You Didn't Hear Last Night
The North Carolina General Assembly can create new law and destroy old law. Cities like Greensboro are subject to state control which is exercised by laws enabling or directing the local units to act in the manner desired by the state.
In 1971, local elected officials passed a bill under a cloud of politics to exempt Greensboro from North Carolina General Statute,160a 385 and 386 called a “Protest Petition”. This exemption never should have been made in the first place.
But it is bad public policy when you have politicians secretly putting in these exemptions without any public input.
To hear Gary Rogers from the Triad Real Estate and Building Industry Coalition (TREBIC) state that Greensboro back in 1971 had the foresight to exempt themselves from this statute is condescending to the citizens of Greensboro. No, Mr. Rogers, it was not foresight. It was an effort to take away a right of the citizens of Greensboro to use the petition power against unwanted rezoning development in established neighborhoods.
Let’s get a few facts straight on the 5% rule. Back in 2005 the State Legislature made a change to the statute and every city in North Carolina except Greensboro abides by this change to the 5% rule, and as stated by David Owens from the Institute of Government the league of municipalities for over 5 straight years has tried to abolish this statute to no avail.
Please don’t deny the citizens of Greensboro this right to Protest Petitions when to change the 5% rule it will have to come at the state level. You might not like the 5% rule but if only 5% of the neighbors are against the rezoning and it be one owner than I hope you as a council will call them out on that point and vote accordingly.
What about the 30 to 40 to well over 60% of property owners who would like to use Protest Petitions in Grensboro zoning cases against these land owners or developers.You have taken their right away by not allowing them the use of Protest Petitions.
Such parties argue that if Protest Petitions are brought back to Greensboro then in-fill development will be a problem. They suggest that the exemption will aid growth, and not having the exemption will hurt growth, isn’t that countered by the fact that Raleigh & Charlotte which have Protest Petitions have grown faster than Greensboro over the time period the exemption has been in effect?
Protest Petitions level the playing field for residents, especially when pro-development members of the City Council are making rezoning decisions.
Because I live in High Point and not Greensboro my neighborhood had the right to use a Protest Petition against Blue Ridge Companies who is a gold star member of TREBIC, not once but twice in a highly contested rezoning case off of Highway 68 and Wendover Avenue. As a witness as to how Protest Petitions work in the zoning process citizens in Greensboro should also like to have this powerful tool as their voice against encroaching development, which was the case in Blue Ridge Companies and what they had planned.
It is not fair to the citizens of Greensboro that every other city in this state abides by Protest Petitions but Greensboro is exempted. This makes no sense. It is time for a bill to be passed to make the City of Greensboro be consistent with all the other municipalities all over this state. From Charlotte to Wilmington to Greenville to Raleigh to Asheville to Winston Salem to High Point.
Greensboro Neighborhood Congress Thanks Everyone Who Helped on Restoring This Right To Greensboro Citizens
I hope each of you will express your gratitude to every Council Member and most especially to Goldie Wells for this victory. The vote was unanimous, but Goldie stuck by her guns through all of the equivocal discussion, expressing time and again her passionate support of returning this state right to our citizens. THANK YOU GOLDIE.
We have a long list of others to thank as well:
Thanks to many of you who sent emails and made phone callls to Council and who joined us last night and stayed late into the evening to support our request to Council to restore the right of Protest Petition to our City. Your support was invaluable! This could not have happened without your efforts.
Thanks to the team that presented along with me, including Congress members: Art Davis, Kathleen Sullivan, Susan Taaffe, and David Wharton plus Willie Taylor of the League of Women Voters and Colin Kelly of the Coalition of Concerned Citizens (not to be confused with the NE Concerned Citizens) and Sharon Hightower of College Forest - soon to be a Congress member.
Thanks to Keith Brown of High Point who has been perhaps the strongest advocate of returning the protest petition to Greensboro since day one. Keith relinquished his opportunity to speak to Council because he was concerned it might hurt our case since he is considered by some to be an outsider. However, he had previously talked to each Council member and our state representatives many times over, pushing them to return the right to us.
Thanks to the Congress Issues Committee who crafted the Congress position on the Protest Petition and offered wise Council to the speaker's team.
Please note that in addition to voting to approve the Petition, Council voted to send a suggested change to the state relative to the components of the Protest Petition for Greensboro. As you know, we have concerns about the low threshold for the Petition to be initiated and that was the primary hurdle for the Council as well. So, I will be asking the Ex. Comm. and the Issues Comm. to consider our negotiating parameters for working with TREBIC on a proposal to Council on this matter............
Protest Petition is Coming to Greensboro
Jan 20, 2009
Greensboro News & Record , Our Opinion Says Yes to Protest Petitions for Greensboro
Here are a few quotes from the lead editorial
The right to file a protest petition is about as commonplace in North Carolina as sweet tea and barbecue
High Point has it. Winston-Salem has it. So do Charlotte and Raleigh.
But not Greensboro.
Local residents are right to wonder why they are they exception to the rule. And to be angry about it.
But an expert on rezoning, David Owens, of the School of Government at UNC-Chapel Hill, says that's unlikely. "If there is frivolous, parochial opposition to development that is good for the city," Owens says, "you're going to get a three-fourths council vote (for the development) anyway."
Further, there is scant evidence of protest petitions stunting growth in other cities.
At least some state lawmakers agree and could move forward with a protest petition bill even if the council opposes it. Said Rep. Maggie Jeffus of Greensboro in an interview last week: "I'm almost certain a bill will be filed."
The council should say yes to protest petitions, and state lawmakers should follow suit.
TREBIC Speaks To Greensboro News & Record on Protest Petitions
Here are a few points that need to be addressed the were stated in the opinion from the Triad Real Estate and Building Industry Coalition, which is your local special interest group who likes to slam their members on boards and commissions all over Guilford County.
It is actually easier to change the U.S. Constitution than to get a rezoning approved under a protest petition.
Wrong
Proponents argue that "everybody else does it." But none of the 100 North Carolina counties has it (legally).
Wrong, this blog has called you out on that point when you made it last year in May 2008 and still keep on pointing it out.
And if we're governing by the lemming model, then we have to get rid of anything else that is unique, like RUCO and the Citizen Initiative Petition (which some remember is why we got the protest petition exemption in 1971)
When you see TREBIC say in statement above that some remember that is because they don't know what happened but it looks to everyone else that they snuck this bill in to deny the rights of the citizens of Greensboro for political reasons, plain and simple . Hey Marlene Sanford who are those some remember.
Our zoning process isn't broken. We've made changes to give neighbors more effective involvement. Developers meet with neighbors (or suffer the consequences),
Are you kidding me, then why does TREBIC fight the mandatory meeting in other cities in Guilford County like you did in High Point to no avail. It is required to meet with the neighborhood in High Point that TREBIC fought but in Greensboro it is only voluntary to meet. There will be some changes in future to the meet and confer and let's see if TREBIC is on board.
Wow what an amazing opinion by Marlene Sanford at TREBIC
Jan 19, 2009
The Big Guns Are Coming Out , Roy Carroll Speaks Out On Protest Petition
Here are a few quotes that are gems to hear.
Roy Carroll , developer and remember Greensboro City Council member Robbie Perkins is his leasing agent at his Center Pointe development CLICKHERE for that report, Quote "Protest petitions can and are used to try to extort all kinds of things out of property owners. Not just developers, but property owners. It is something I have seen firsthand the negative effects of, Carroll said."
Hey Roy Carroll there are also positive effects on having the ability to use Protest Petitions just ask the neighborhood in High Point called Sutton Place.Nice to say that neighbors are extorting you.
Greensboro City Council Member Robbie Perkins had this to say"If we are going to have a protest petition law, it needs to be based on realistic parameters. I don't think 5 percent is a realistic parameter to cause a super majority vote," Perkins said.
Hey Robbie Perkins then why don't you become a state representative and change the law. This is a state statute and to deny the citizens this right is unfair.
Greensboro City Council Member Dr. Trudy Wade had this to say,"Councilwoman Trudy Wade said she would be interested in getting together a committee that can write legislation everyone can agree on."
Dr. Wade , there is no compromise on this issue it is a North Carolina General Statute 160a-385 and 386, the 5% is the law that every city in this state abides by. If you want to change the law then support Greensboro having this right then lobby the whole state but beware the League of Municipalities tried for 5 years straight to no avail as David Owens from UNC School of Government has said before.
Greensboro City Council Member Zack Matheny had this to say"We need to review our zoning process. Is it broken? Do we need to fix it? Are the neighbors winning?" Councilman Zack Matheny said. "I will tell you, in my cases, the neighbors are winning."
Zack Matheny thinks that the neighbors are winning, oh really. Please go ask the neighbors off of new garden road who had to come up in front of council to have the lawyer continue the wedding planner at the last minute then right before it goes to council he withdraws the case. If you saw how that process worked and how the neighbors who were dead set against the wedding planner if they would have even hinted at a Protest Petition then the ridiculous rezoning case would have never got off ground and the neighbors would not have had to come to council twice to be turned away with barely any notification.
You can also add Lawndale Avenue to Westridge Road to Rehobeth Church Road to Elm Street & Cornwallis to Horse Pen Creek Road to Garden Lake Drive to Guilford Hills area with Rices Toyota to Pisgah Church Road to Hill Top Road. There are plenty of cases where the neighborhoods are not getting a fair shake and to deny them this right to a Protest Petition is not right.
It seems like the TREBIC contingency will be out in full force with Roy Carroll saying that neighbors are extorting him. That will be a great argument to hear from Roy Carroll on wednesday if he speaks on this issue.
Let me leave you with a quote from Donna Newton at the Greensboro Neighborhood Congress"We should not be the only city in the state of North Carolina that doesn't have this right," said Donna Newton, liaison to the Neighborhood Congress." That is correct and we will see what happens on Wednesday.
State Rep. Don Vaughan's Better Half and Former Council Member Speaks Out
Nancy Vaughan is a former Greensboro City Council member and is married to North Carolina State Representative who was just elected to Kay Hagan's North Carolina House Senate seat Don Vaughan.Here is a quote from the Letter to the Editor, "The protest petition will not eliminate controversial rezonings. But, the mere existence of the protest petition will motivate the rezoning applicant to engage in meaningful dialogue and to put forth the highest-quality proposal. It will result in improved development and development that is in greater harmony with the surrounding area. This will be especially important as we see more infill development."
It is great to hear former council members endorse restoring Protest Petitions to Greensboro especially when her husband might be a sponsor of a bill to do just that in the North Carolina General Assembly.
Willie Taylor Wants Everyone in Greensboro To Know Your Rights Were Taken Away
This letter was written by Willie Taylor who is a member of our Coalition of Concerned Citizens of the Triad and is also a member of the League of Women Voters of the Piedmont Triad. Willie Taylor also this past week went to the press conference by some members of the Greensboro City Council here is that post, CLICKHERE
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.