New York Times: "Bigotry on [North Carolina's] Ballot" - "driving “a wedge between gays and blacks.”

"...lawmakers got careless with the wording of the measure, known as Amendment One.

It would constitutionally prohibit recognition not just of same-sex marriages, but of other legal arrangements like civil unions and domestic partnerships.

That could harm all unmarried couples, imperiling some children’s health insurance benefits, along with child custody arrangements and safeguards against domestic violence.

...One of Amendment One’s most vocal opponents is the Rev. William Barber II, president of the state chapter of the N.A.A.C.P.

Mr. Barber draws a strong link
between the proposed amendment and struggles against racial unfairness,
an appeal with special resonance
following the publication in March of memos from the National Organization for Marriage,
one the most prominent groups fighting same-sex marriage,
about driving “a wedge between gays and blacks.”

...public opinion continues to move steadily toward marriage equality.

In 2001, Americans opposed same-sex marriage by a margin of 57 percent to 35 percent.

Today, 47 percent are in favor and 43 percent opposed...

Opponents of marriage equality have never been able to show any evidence
that any harm is caused to heterosexual marriages
by granting all American adults the right to marry as they choose
— because there is no such evidence.

With little more than a week to go before the May 8 contest,
and early voting already under way,
North Carolinians need to consider
whether they really want to inflict this gratuitous bigotry
on their fellow citizens and their children."

NYT

On North Carolina Gay Marriage: Vote Against Amendment One?

Why were women denied the right to vote until 1920?

Natural Law is derived from divine law

Charles Davenport

List of animals displaying homosexual behavior

Marriage shall not impede a man's right
to take concubines in addition to his wife or wives.

II Sam 5:13; I Kings 11:3; II Chron 11:21

.

Are people gay because they choose to be
or because it’s biological?

A marriage shall be considered valid only if the wife is a virgin.

If the wife is not a virgin, she shall be executed.

Deut 22:13-21

Marriage of a believer and a non-believer shall be forbidden.

Gen 24:3; Num 25:1-9; Ezra 9:12; Neh 10:30
.

If a married man dies without children,
his brother shall marry the widow.

Gen 38:6-10; Deut 25:5-10

Could the use of Mr. Davenport's definintion of Natural Law
violate the US Constitution?

No State shall make or enforce any law
which shall abridge the privileges or immunities of citizens of the United States;
nor shall any State deprive any person of life, liberty, or property,
without due process of law;
nor deny to any person within its jurisdiction the equal protection of the laws.

Fourteenth Amendment to the United States Constitution

.

"Their lifestyle choice should be opposed
only when they lobby for public approval"

Charles Davenport

.

Congress shall make no law respecting an establishment of religion,

or prohibiting the free exercise thereof; or abridging the freedom of speech,

or of the press;

or the right of the people peaceably to assemble,

and to petition the Government for a redress of grievances.

.
First Amendment to the United States Constitution

Yes Weekly's Ginsburg: "Flushing money down the drain"

"...Our current development model is part of what got us into this mess.

A very small number of people
seem to receive our public money for projects with a lot of overhead or a wide profit margin
that don’t seem to measurably improve things for most of us.

We’re supposed to accept this model
because we’re told some day the jobs will trickle down to us.

The tax revenue from these new commercial and residential properties,
the story goes,
will eventually mean more operating money for the city.

...Our spending priorities seem to have little to do with what people need and want,
except for the abstract idea of job creation
where we hope that creating “shovel-ready sites”
will pave the way for jobs to rain out of the sky.

While lip service is paid to some locally based companies
and a few local developers are able to suck up a lot of public money,
we’re still stuck on this idea that jobs have to move here
rather than being created and sustained here.

...I want M’Coul’s to have a blowout party.

...where everything isn’t tailored to one person or one demographic.

If we follow the money, whether it is coming from the city or Downtown Greensboro, Inc.,
it’s hard to believe things couldn’t be done differently.

...it’s time to seriously focus on infill and creating a city for all,
letting people who will pour everything they have into a project take the wheel."

Ginsburg

Performing Arts Center Task Force Economic Feasibility and Impact Committee, Tuesday, April 03, 2012

"Richard L. Lusk, Finance Director,
Financial and Administrative Services Department, City of Greensboro
...was asked...about public funding options for a Greensboro Performing Arts Center.

...the City has about $500M in outstanding bonds each year
with approximately $250M for water and sewer bonds (paid for from
water fees); the remaining $250M General Obligation Bonds are approved by purpose.

...Rick and EFIC briefly discussed other funding mechanisms for a performing arts center.

These included Certificates of Participation (COP).

A COP can be issued by the City Council
and is paid from Hotel/Motel and other non-property based tax revenues.

The difference between [Government Obligation Bonds] and COP
is the approval process and funding mechanism:
the Council votes on the issuance of COPs,
they are not included on the ballot as a referendum
and the Council pledges nonproperty tax revenues to support the debt.

...If a PAC is placed on the ballot as a referendum,
it must include language around a tax increase to fund repayment of bond...

...If a PAC were approved at a $20M bond,
the debt payment would equate to $2M per year for 20 years
or about 1 cent of the current tax rate to support the retirement of the bond
used to support construction of the facility."

http://gpac2012.com/wp-content/uploads/2012/04/EFIC_minutes_april_3.pdf

Mayor Robbie Perkins headed to Israel

http://www.news-record.com/content/2012/04/25/article/mayor_robbie_perkins_headed_to_israel

Gas Tax for Free and The N.C. Board of Election Lawyer in Never Never Land

Let's start off this post to say that there should never be a time where a candidate for local, state or federal office in a campaign buys gas or any other item just to make a point because to many people this could be considered buying your vote.

We have seen a lot talked about this issue and the local TV station in News 2 do some inquiring with the State Board of Elections for a report that was very interesting to listen to here is that report CLICKHERE.

Then we have the State Board of Elections lawyer Don Wright send me this via email:
________________________________________________________________________________

 Here is the first of two e-mails. I have added the article about recent cases about the need for quid pro quo.

http://www.citizensforethics.org/policy/entry/the-supreme-court-eviscerates-the-honest-services-statute

See out below

Don Wright

The Supreme Court Eviscerates the "Honest Services" Statute

Courts have long interpreted the mail fraud and wire fraud statutes (18 U.S.C. §§ 1341-1351) as criminalizing not only schemes to defraud victims of money and property, but also schemes to defraud victims of intangible rights such as "honest services."

The statute, codified at 18 U.S.C. § 1346, provided that a "scheme or artifice to defraud" includes a "scheme or artifice to deprive another of the intangible right of honest services." Critics of § 1346 suggest that honest services fraud is a made-up crime with no real foundation. Courts, however, have found violations when there has been a breach of duty of loyalty, an intent to deceive, and conflicts of interest while taking official action that furthers that undisclosed interest, or when there has been undisclosed self-dealing, as well as when someone has received a bribe or kickback from a third party as a quid pro quo for some advantage from the employer.

Last term, the Supreme Court heard three cases concerning the honest services fraud statute: Black v. United States, Weyhrauch v. United States, and Skilling v. United States. On June 24, 2010, as anticipated, the Court sharply limited the scope of § 1346, invalidating the use of the statute except in cases involving bribery and kickbacks. Skilling v. United States, 561 U. S. __ (2010).

The ruling is a devastating blow that deprives prosecutors of an important tool in their efforts to fight public corruption and a disaster for good political governance. Prosecutors have long used § 1346 to target public officials who engage in malfeasance without evidence of a quid pro quo - the direct exchange of an official act for something of value. Honest services fraud typically has been charged when politicians have been offered a stream of value: i.e. meals, tickets and trips in exchange for a series of acts, but prosecutors are unable to tie any specific gift to a specific official act.

Despite the Court's assertion that the core of the honest services statute remains intact, a rash of prior convictions likely will be vacated and in the future, corrupt officials will have an easier time escaping accountability for their misdeeds. If Congress fails to rectify this disastrous decision, a broad range of public corruption will be largely immune from federal prosecution.

The Supreme Court stated specifically that if Congress wants to allow honest services fraud to be used in cases beyond those involving bribes and kickbacks, it needs to specify exactly what conduct is prohibited.

-----Original Message-----
From: Melvin, Lauren [mailto:lmelvin@wfmy.gannett.com]
Sent: Wednesday, April 18, 2012 12:08 PM
To: Bartlett, Gary
Cc: Wright, Don; McLean, Johnnie
Subject: Re: Question regarding Trudy Wade for Senate event

Ok, thank you.

Sent from my iPhone

On Apr 18, 2012, at 12:04 PM, "Bartlett, Gary" ncsbe.gov<mailto:Gary.Bartlett@ncsbe.gov>> wrote:

Not a violation using signs, shirts and caps. This is a freedom of speech issue protected by the Bill of Rights. There was no quid-quo-pro in offering something of value in turn for their vote. It was open to the first 100 people regardless of age, citizenship, voting status or party.

From: Melvin, Lauren [mailto:lmelvin@wfmy.gannett.com]

Sent: Tuesday, April 17, 2012 2:40 PM

To: Bartlett, Gary

Subject: Question regarding Trudy Wade for Senate event

Dear Mr. Bartlett,

Regarding the “Trudy Wade for Senate” campaign event in Whitsett this past Saturday…I know you advised Ms. Wade that her discounted gas event was lawful, but also offered this warning:

"Please note that if you or your campaign verbalizes or acts in a manner that could be reasonably construed as requesting a person's vote in conjunction with the event, those facts could put you or your campaign in violation of the law."

Our television station did attend this event, where Ms. Wade and all of her volunteers were wearing “Trudy Wade for Senate” shirts. There were also “Trudy Wade for Senate” signs displayed at the event.

You can find our story here:

<http://www.digtriad.com/news/local/story.aspx?storyid=224992>http://www.digtriad.com/news/local/story.aspx?storyid=224992

Additionally, a viewer brought this to my attention as well.

Please explain -- how is this different from soliciting votes?

Thanks,

Lauren Melvin

Lauren Melvin

WFMY News 2

__________________________________________________________________________________

Then we see from the News 2 report where the Chairman of the State Board of Election Gary Bartlett chimed in on the issue of State Senate candidate Dr. Trudy Wade's workers who were wearing t shirts and signs promoting Trudy Wade for Senate all over the publicity stunt. 

Here's what State Board of Elections Executive Director Gary Bartlett said:
"Not a violation using signs, shirts and caps. This is a freedom of speech issue protected by the Bill of Rights. There was no quid-quo-pro in offering something of value in turn for their vote. It was open to the first 100 people regardless of age, citizenship, voting status or party."
Hence, there was no violation

Getting this type of ruling opens up the Pandora's box for any candidate all over the state to do whatever they want to do as long as you do not say "VOTE FOR " which will be considered a quid pro quo but let's give you another issue that can happen which will be legal even in this senate race.

One of the other candidates is Justin Conrad who's family owns the Libby Hill Seafood Restaurants all over the triad and they have some restaurants in the area where he is campaigning for the senate seat. Now under the direction of our Board of Election it would be illegal for Justin Conrad to say vote for me and i will give you a free meal at Libby Hill. But let's give you a scenario that would be acceptable to the State Board of Election. Let's say that the election will be next Tuesday and Justin Conrad has well over $10,000 in his campaign coffers it would be legal under what the state is saying for Justin Conrad to have signs in front of Libby Hill to say Justin Conrad for Senate along with all his waiters and waitresses to have t shirts on as well and when the patrons of Libby Hill come up to the counter to pay they could let the people know that Justin Conrad paid for your meal and that would be legal under that State Board of Elections. How absurd.

Let's take it to the worse case scenario on this issue where you could feasibly sit outside a polling booth and hand out $10 bills to people walking by and just say Justin Conrad wants to say have a blessed day and this would be legal under the direction of the BOZOS from the State Board of Elections.

The State Board of Election along with their lead Attorney Don Wright are dead wrong on this issue and if they proceed with similar rulings it will open up a whole new can of worms and the State Legislature needs to tighten up these laws to never have a situation before a election where a candidate is paying for people's gas during campaign season or any season for that matter.

W. E. Heasley on Allen Johnson's Editorial on Greensboro's downtown Performing Arts Center Propagandafest

“And when asked where they believe the best site would be in Greensboro,
they didn’t hesitate: downtown.”

Why is downtown a better place to shift more government transfer payments?

Maybe a better question is why is downtown a place to escalate government transfer payments
beyond its current elevated level?

Charlotte Observer: "How a hospital profits on a charity case

"Johnnika Pyles, a 19-year-old student, had no insurance when she was discharged in June 2009 from Person Memorial Hospital, north of Durham.

When a collection agency called trying to collect the $5,486 emergency room bill, Pyles’ mother, Sheila, called the hospital to ask whether her daughter might qualify for charity care.

Chief financial officer James Leis encouraged Pyles to file and mailed her a four-page charity care application and a written agreement called a promissory note.

If Pyles paid off half of her debt, the promissory note said, the hospital would write off the other half.

But this arrangement was not charity.

It was profit.

Medicare cost reports show that Person Memorial’s emergency room costs are about 21 percent of the charges billed.

This means Pyles’ care likely cost Person Memorial about $1,100, so if she paid $2,743, the hospital would make a profit of more than 50 percent.

And the terms were onerous: If she fell behind on payments, the note would require Pyles to pay the full amount, plus any collection and legal fees.

Pyles, who was treated in the emergency room after an accident, did not sign the promissory note.

She received no charity care, and a collection agency is still trying to collect the bill.

Chad Brown, the new CEO of Person Memorial, said ...that he did not know how many promissory notes were held by the hospital, but he said he thinks there are only a few."

Charlotte Observer

On Allen Johnson's not online Greensboro Performing Arts Center propaganda in GN&R's Sunday Edition

"If an arts center is built in Greensboro it belongs downtown..."

No mention that the GN&amp;R parking lot is at the top of the leader board

in the running for where to put the PAC?

DPAC...is an unqualified success, projecting $1.2 million in profits this year..."

Before or after debt payments?

Does Allen really mean "operating profits"? 

"If anything, this ...should be transparent to a fault,
tell all gladly, to anyone who asks
and give the conspiracy theorists nowhere to go"

Allen Johnson

How about disclosing the Greensboro News and Record's

conlfict of interest on potential sites,one of which is thier parking lot,

when promoting the PAC?

http://www.urbanplanet.org/forums/index.php/topic/3155-downtown-greensboro-developments/page__st__580__p__1160672#entry1160672

The News &amp; Record buildings are directly above the pedestrian bridge.

Hat Tip: Ed Cone

On Line News Orgs Bill in Cali Would Save Taxpayers 60 Million, North Carolina Should Do The Same Thing.

HAT TIP : Legal Notice Blog

CALIFORNIA- Bill To Allow On Line News Orgs to Bid On Publishing Public Notices Reaches Committee - $60 mill at stake

California Redefines "Newspaper of General Circulation"

When the state of California, with over 11% of the nation's population and the largest state budget, considers moving an estimated $60 million of legal notices on line, every state newspaper and on line publication should stand up and take notice.

AB1902 is working it's way through committees and has been voted on unanimoulsy in the affirmative by the Committee on Local Government.

The bill is well crafted. It has wisely NOT suggested the local governments post their own notices. As we've mentioned in past posts the print newspaper lobby have succesfully and properly convinced state legislators in over 20 states that have voted on this issue, that there needs to be an independent watch dog to make sure the notices get published.

California addresses the issue of independence. AB1902 says that on line newspapers (who are doing as good a job of watching the government) can be that watchdog and can compete evenly with the printed press.

Paraphrasing the text of the bill, the bill redefines an on line newspaper which can qualifiy to compete with a printed newspaper if:

• It provides news
• It is updated at least weekly
• It has "substantial readership" in the jurisdiction where they applying to publish the notices
• At least 25 % of the home page space is devoted to local, national or international news
• It links to the public notice page on its home page
• In the analysis of the bill it states that the site must have been in existence for 3 years

Some tightening up of terms that are vague is necessary but this is the first bill that has gotten it right. AB 1902 has succesfully steered clear of mandating that the government be responsible for posting their own notices.

This on line newspaper hosts their notices.

To read how other states are addressing this issue

Click HERE

Dear Taxpayers of the City of Greensboro, I believe Greensboro can attract 50,000 jobs inside of 10 years.

Do the most good, in the best way, with as many people

for as long as you can.

I believe the War Memorial Stadium should be saved.

I believe by saving War Memorial, Greensboro can increase the quality of our workforce,
by bringing a more positive image along with higher levels of pride to our community.

Do the right thing when no one’s looking,

leave others better off for having known you

and the world a better place than you found it.

I believe by saving War Memorial, Greensboro can dramatically effect the educational achievement
of Greensboro’s and/or Guilford County’s students,
increase parental involvement in their children’s education
and spark an entrepreneurial spirit within our population with an ownership component.

Give your family a better chance to succeed than your forefathers gave your parents

and your parents gave you.

I believe the confidence and self esteem of Greensboro’s female population
could dramatically increase incoming job growth
by investing in a professional women’s fastpitch softball team to create attendance,
among other community events which could be scheduled at War Memorial.

Create a higher likelihood of a better present by securing need and achieving want

in the shortest time with the least risk for as long as possible,

by thinking of what and when relative to what was

and what may happen after what could happen next.

I believe by allocating shares of the War Memorial and its team etc...,
to each and every member of Greensboro and/or Guilford County’s student population
who reach attainable academic and behavioral goals,
can dramatically improve test scores etc…, and serve as a catalyst for job growth.

I believe by allocating shares of the War Memorial and its team etc...,
to each and every member of Greensboro’s population, creating a sense of ownership,
attendance should make War Memorial Stadium relatively instantly profitable.

I believe War Memorial, if converted to a softball field,
can host baseball, kickball, tournaments, concerts, etc…,
and turn a profit in a relatively short amount of time,
with development opportunities immediately beyond the outfield fence,
as a softball field is smaller than a baseball field.

Combined with an updated tennis center, the overall facility should attract many,
as many attendees will be part owners.

Have as much fun as soon as possible

with the least amount of risk

for as long as you can.

The stadium should also prominently feature the names of famous baseball players
who came up through the minor leagues and through Greensboro
as well as local school, city/county recreation league championship plaques etc…

Developer’s proforma, the financial commitments that are in place for the project,

and the level of experience of the development team.

To be determined by Greensboro’s City Council, Guilford County’s Commissioners

and Guilford County Schools as the economic development project will involve city property etc…

A Truth in Borrowing Statement will be required, in a format acceptable to the City,

certifying that the developer has submitted complete and accurate information.

To be determined by Greensboro’s City Council,

Guilford County’s Commissioners and Guilford County Schools

as the economic development project will involve city property etc…

Independent Financial Analysis

Green Bay Packers, only better.

A realistic scenario should include the possibility of the eventual creation of a billion dollar plus,
nationally televised sports franchise for the Piedmont Triad.

Active participation in all aspects of the business model and statistical analysis
by local students with parental and other service organizations
could dramatically affect attendance and profitability.

A college scholarship program with a portion of profits tied to local job growth
could also impact the project’s bottom line yet increase sustainability simultaneously.

A dividend paying share class issue could raise substantial capital as well.

Completed Urban Development Investment Guidelines Criteria Forms

To be determined by Greensboro’s City Council, Guilford County’s Commissioners
and Guilford County Schools as the economic development project will involve city property etc…

Site and Building Plans

– Conceptual site plan and building elevation plans

sufficient to show the design and construction intent of the project.

To be determined by Greensboro’s City Council,
Guilford County’s Commissioners and Guilford County Schools
as the economic development project will involve city property etc…

Sincerely,

George Hartzman

99 Blocks and Walker Sanders for Disenfranchising Greensboro Voters?: "Performing Arts Center: Can't We Just Bypass Voters?"

Rayne Brown said she particularly wanted to put a constitutional amendment before the voters

that would require lawmakers to seek voter approval before undertaking any borrowing.

The amendment would end so-called Certificates of Participation,

which are a way around constitutional requirements that all state debt be voter approved.

"Would it be possible to finance and build a performing arts center downtown
without needing voters to approve a $30 million bond referendum?

...what if the City Council just bypassed voters?

COPs for for G’boro performing arts center?

Piedmont Publius quoting Walker Sanders

That subject came up, albeit very briefly, this morning
when the performing arts center task force met at Greensboro College for an update.

It certainly intrigued us.

...Lewis Cheek spoke to the 60 or so task force members present.

Cheek, a task force member, is a former Durham resident.

More importantly, he was mayor-pro tem in Durham
when that city was just getting ready to start its own new arts center.

...No voter approval was sought from Durham residents for a bond issue.

Disfranchisement is the revocation of the right of suffrage

(the right to vote) of a person or group of people,

or rendering a person's vote less effective, or ineffective.

...The disfranchisement of British subjects in America led to the American Revolutionary War

under the rallying cry "No taxation without representation".

 Instead, that city used something called certificates of participation.

...Under some Certificates of Participation, the investing agency buys a share of the lease revenues

rather than the bond being secured by the revenues.

Voter approval isn’t needed for certificates of participation.

Cheek told the crowd ...The leadership decided

this was so important that we were going to do it."

He acknowledges it was controversial and "not politically correct."

...We understand that the idea of certificates of participation

has been at least mentioned in the task force’s meetings

of its Economic Impact/Feasibility Committee.

...Lisa Crawford, who is president and CEO of the Greensboro Symphony,

said her table of task force members believes the idea of a "no-vote pac"

should at least be explored.

So is it a possibility for Greensboro?

We don’t know.

We’re not sure the City Council would be willing to stick its neck out for that.

But in the end it might be more attractive

than doing all this preparatory work for a new performing arts center,

then having to roll the dice to see if voters approve it.

99 "fascist?" Blocks

Political Alienation refers to an individual citizen's

relatively enduring sense of estrangement from ...the prevailing political system.

Political Incapability ...is forced upon the individual by his environment...

Political Powerlessness.

An individual's feeling that he cannot affect the actions of the government.

Political Meaninglessness.

An individual's perception that political decisions are unclear and unpredictable.

Political Normlessness.

An individual's perception that norms or rules

intended to govern political relations are broken down,

and that departures from prescribed behavior are common.

Political Alienation is adversely related to political efficacy.

GN&R Editorial on the Performing Arts Center without disclosing conflicts of interest: "$11 million riddle"

"...This curious case of a house divided against itself shines a troubling light on other rifts,
foremost where such a facility would go if it were approved by the voters:
downtown or the Greensboro Coliseum Complex?

Taxpayer money for dowtown in the News & Record's back parking lot,

and for the Greensboro Partnership and DGI,

or at the Coliseum Complex for the hotels and restaurants on High Point Road?

...This legal tempest lays bare continuing tensions
between those who want the arts center downtown
and those who prefer it at the coliseum.

What do many of "those who want" have to gain

like the News & Record's angle to sell thier parking lot

which they keep forgeting to mention?

From where we sit, the ideal choice is clear:
a downtown facility stands a greater chance of creating positive economic ripples
by increasing pedestrian traffic and stimulating business
for center-city shops and restaurants.

And a nice fat profit

for the News & Record, Roy Carroll and Randall Kaplan etc...

all provided by everyone else's higher tax bills?

...the arts center effort, which was a tall order to begin with,
won’t move ahead until both the legal question
and the preferred address of the performing arts center are resolved.

Then, somehow, in a town that has elevated civic squabbling to an art form,
can we please agree on a common goal?"

GN&R's Conflicted Editorial Board

What Does This Mean?

"The noise ordinance is for ALL of Greensboro, not just downtown.

Most of the complaints come from Spring Garden and High Point Road, not downtown."

Milton S Kern

Thank You Guarino for Many Years of Blogging

Triadwatch would like to say THANKS to Joe Guarino and his blog  GUARINO which over the years has been a great source of information, conversation and meaningful topics that needed to be addressed in the area.Guarino was very instrumental in making this blog a part of the triad scene for local bloggers to go see and be linked. Plenty of times over the years it was a great help for him to write a post about a topic of discussion he thought needed to be linked over at his blog and when you get linked from Guarino's blog you automatically see a spike in numbers to your blog in the process and to that i say THANKS. 

One thing that i hope stays put is that the blog will stay in existence without comments so that we can search past post to maybe see a topic of discussion that might be helpful for a post at other blogs or for research in the future.

THANK YOU JOE GUARINO

Guilford County expects $500,000,000 of real estate revaluation appeals

http://countyweb.co.guilford.nc.us/downloads/Budget%20Information/FY12-13%20Rec%20Budget/4%20-%20Mgr%20Message.pdf

Page 9 of 14

Page 10 has the remarkably amazing close revenue neutral rate comparison
from last year.

Big Power Play on the Greensboro Performing Arts Center?

"A downtown performing arts center
may not be able to use $11 million worth of hotel taxes as a funding source,
as planners have proposed.

What chance did those planning to have the money

think they would actually get it

or that Matt Brown wouldn't object?

Greensboro Convention and Visitors Bureau's attorney
concluded that state law doesn't allow the city to use hotel tax revenue
to pay for projects outside of the Greensbor Coliseum,
CVB President Henri Fourrier said Tuesday.

Would the "Greensboro Convention and Visitors Bureau's attorney" object

if he wasn't told to?

Who told the "Greensboro Convention and Visitors Bureau's attorney"

to object?

That means the project couldn't be built downtown with that money
— but could be at the coliseum,
as Coliseum Director Matt Brown originally proposed.

The city's attorneys disagree with the CVB's conclusion.

The City Council will consider
whether to put a $30 million bond request on the November ballot
to help pay for the project.

The rest was projected to be paid for with $10 million from private investors
and $11 million in hotel /motel tax revenue.

Amanda

How much has been raised by private investors?

Is this one of those who gets what heads

on who's beds?

John Hammer: "Mujeeb Shah-Khan Front-runner for Greensboro City Attorney"

"...the details of a contract to be offered
to Charlotte Senior Assistant City Attorney Sardar Mujeeb Shah-Khan
to be Greensboro's city attorney.

...Shah-Khan has been with the Charlotte city attorney's office since August 2002,
and his salary as of May 2011 was $106,360.

So he would be looking at a salary increase of about $46,640, or 44 percent.

Shah-Khan is currently one of 10 Charlotte senior assistant city attorneys.

...Shah-Khan would be
...a mid-level administrator in the Charlotte attorney's office.

Shah-Khan is a graduate of Duke University and of Mercer University School of Law.

He is not the first choice of several councilmembers,
but is reportedly the first choice of Mayor Robbie Perkins,
who has been pushing hard to hire Shah-Khan.

It does seem odd that in the State of North Carolina,
the best candidate to be city attorney in Greensboro
is a mid-level attorney from Charlotte.

Since being Greensboro city attorney has a large administrative component,
you would expect that a candidate ...would have more experience in running an office.

Seven attorneys report to the Greensboro city attorney
so administrative experience seems necessary.

Councilmembers have expressed displeasure
with the consultant who was hired to help with the process..."

John

Live tweets from tonight's Greensboro Council meeting on the Noise Ordinance

#gsonoise

@kateichan

@mattysheets

@dwightmabe

@Southelm

W.E. Heasley on the Noise Ordinance, which is on Greensboro's City Council Agenda for Monday, April 16th

"An item that seems obscured in the entire noise ordinance debate
is the progression of events in downtown Greensboro.

If memory serves, downtown Greensboro was "dying"
and hence the death of downtown spawned an argument f
or building a baseball stadium downtown.

Moreover, the argument was a stadium downtown
would then attract restaurants, bars and entertainment and hence revive downtown.

Was that not the original intent/sin?

Hence the chicken was created and the chicken did in fact lay eggs
and the eggs hatched and the chicken and its off spring lived happily ever after
....or so it seemed until the chicken's creator [politicos through the mechanism of government]
allowed for habitational items to move into the farm yard.

The created farm yard is, by design, a noisy place.

Allowing habitational into the noisy farm yard is government failure
as the government created, promoted and wanted a noisy farm yard.

...in the particular case of Greensboro's noise ordinance,
the classic "Coase Theorem" example regards NOISE.

Part of Coase's theorem is that the regulator can only guarantee the efficient outcome
if he knows enough about the cost of control
to decide which party should be considered the pollutor
and which should be considered the victim.

Exactly which entity is the victim?

The entertainment firms?

The habitational firms?

Politicos through the mechanism of government
which brought the two divergent firms within close proximity?

It’s neither the entertainment nor the habitational entities t
hat created the environment for a noise problem.

It’s a case of classic government failure.

Government failure of promoting two divergent segments within close proximity
is then solved by more government failure of reducing property rights [noise ordinance]?

One item let out of the entire noise ordinance issue
is those living next to grave yards.

At the current speed and direction of the politicos past and present
...the noise being generated by those many, many rolling over in their graves
will surely create a noise issue for those living within proximity of grave yards."

W.E. Heasley, CLU, LUTCF
Chief Economist
Heasley Insurance Services, LLC.

North Carolina Public Notice News from Denver Colorado

HAT TIP: Legal Notice Blog

DENVER-Almost $1 million per year spent on "Unseen" Foreclosure Notices In Print

As we've noted, one rarely sees a print-based newspaper writing negatively about the practice of publishing legal notices. Legal Notices (Foreclosures, LLC formations, Bid Openings, Zoning Hearings, Meetings) are the last revenue stream where newspapers still can charge monopolistic pricing and get away with it. Unfortunately the high prices for legal notices are being paid for by the taxpayers, or newly formed businesses, or those foreclosed on, constituencies that can least afford it. So newspapers mostly editorialize about the obligation we have as an open government to continue to subsidize their publications by overpaying for legal notices in print. If newspapers uncover any government overspending , they are quite vigilant about pointing it out. Publicizing the overspending on public notices though has been off limits.

Thus, it is refreshing to read David Migoya's piece in the Denver Post which exposes how confusing the system of choosing a newspaper and publishing a foreclosure notice is in Denver. The Post has taken in over $200K in the past 2 and a half years from foreclosure notices yet they still point out the complications of the process. It's nice to see some objective journalism on this subject.

Migoya did miss the opportunity to suggest a solution: on-line publication of foreclosure notices.

To read how other states are addressing this issue Click HERE

Follow Us on Twitter

A few notable Guilford County property revaluation assessments

Mike Winstead

Old - $168,500
New - $134,800

About 20% less

Yvonne Johnson

Old - $127,300

New - $119,700

About 6% less

Roch Smith Jr. on Roy Carroll offering Yvonne Johnson a ride on his airplane while doing business with the City of Greensboro and being a co-defendaent with Greensboro in a lawsuit

"...it was inappropriate for an elected official to accept a free ride on a plane
owned by someone whose business
involves regularly seeking cooperation/approval from the city.

...I wouldn't even accept campaign contributions
(as the mayor and some council members have) from such an individual.

...it's a matter of maintaining proper independence.

What I find significant about the mayor possibly, probably,
knowing that she had been summoned to testify is that,
when asked to comment on the propriety of the free plane trip,
she did not mention this entanglement with Carroll.

If she knew of the suit and didn't mention it to keep it quite, that troubling.

If she knew of the suit and didn't mention it
because she didn't see the ethical problems, that's troubling too.

When the mayor first became aware that the proposed free trip was aboard Carroll's plane,
she should have said, "We have given him favors in the past for which he has ongoing obligations,
he does business with the city that I am in a position to possibly have to adjudicate
and I have been summoned to testify in a suit in which he and the city are defendants.

It would be inappropriate for me to accept any largess from Mr. Carroll."

Roch Smith Jr.

Katei Cranford on Greensboro's War Memorial Stadium

"I'm so glad folk still care.

It's so important.

Growing up in Greensboro meant summers running bases at war memorial.

the smell of peanuts, spilled beer,
and the sweet taste of pre-tween freedom running around (mostly) unattended...

scrambling through the outside gates to catch fly balls.

Although the next generation will be Grasshoppers,
there are so many opportunities to reacquaint new Greensboro
with the lovely ol' war memorial.

It deserves the chance.

Fun Facts:

I was prolly at that game in '95... me, my mom, and the sibling
went to practically every home game from essentially birth until 1997 or so.

It was our most wholesome and celebrated family activity.

I have baseballs signed by the entire team from 84-90
(and a few more random signatures in later years.)

My gramps, Sheepy Lamb,
would always get one for each grand-kid towards the end of the season.

He played for the Patriots back in the '40s (along with Emo Showfety and co)
and was in a bunch of poster-size photos displayed around the stadium
during the bats' last few years.

Actually, he and my grams got married at home plate
after a double-header.

Oh, and my grams' brother is Crash Craddock.

7-degrees of Greensboro history
with Katei Cranford.

George Hartzman recieved Guilofd County Real Estate Revaluation Data on Friday Afternoon, April 6, 2012: Last Day for appeals is Monday, April 9, 2012

Less than $100,000

Count - 47,549

Share of Homes - 34.8%

Average Property Value Change -6.5% or -$4,581
.
.
.
Between $100,000-$199,999

Count - 56,637

Share of Homes - 41.5%

Average Property Value Change + 1.3% or $1,866
.
.
.
$200,000+

Count - 32,422

Share of Homes - 23.7%

Average Property Value Change +2.6% or $8,443

This doesn't seem to make much sense.

The highest priced homes took the biggest hit after 2007,

yet they went up in value more than homes worth less than $100,000?

Were forclosures taken into account for the bottom

but not the top?

If anyone would like to play with the data,

let us know.

This outcome seems to contradict what many thought occured

after 2007.

I have spoken to more than several

about how the assessed value Guilford County came up with,

is not close to what some homes could be sold for.

Guilford County said:

"In regards to your requests for 1) data broken down by neighborhoods

and 2) properties not included in the revaluation

that were not between an willing and financially able buyer and willing seller,

the county does not currently have use for the referenced data

structured in the requested fashion

and your request would necessitate extensive programming and/or cost to the county

in order to retrieve the information.

As a result, the County is not able to provide these records at this time."

Guilford County Attorney's Office

"Page 3 of the Guilford County “Schedule of Values,”

which covers data behind this year’s real-estate tax revaluation,

cites a statute that says market value is defined as

“the price estimated in terms of money at which the property would sell

between a willing and financially able buyer and a willing seller,

neither being under any compulsion to buy or to sell.”

But on page 7, under “Distressed and Forced Sales,” it says,

“Both foreclosure and short sales have been largely responsible

for a 20 percent decline in the average selling price of existing homes

over the last three years.”

And “staff appraisers will consider all sales that have occurred

in each appraisal neighborhood over the last several years

but a greater weight will be given to comparable sales

that have happened without duress.”

If computer model-based “mass appraisals” were the main tool,

how did the county know which sales were distressed or forced?

If these two sets of measures contradict each other,

how can anyone know what actually happened to whom in the revaluation

if Guilford County won't release the data?

George Hartzman

John Hammer: "the battle of the proposed noise ordinance"

Perkins, who appears to have eight votes to do anything he wants, said,

"I have been on Greene Street at one or two o'clock in the morning

and the level of noise that came from that building is unacceptable.

It has got to be toned down."

John Hammer

"In downtown Greensboro we have one club
that is causing 90 percent of the noise problems – Greene Street Club.

If a letter from Center Pointe Condominium Owners Association

to Greene Street Club said:

"At night, the excessive noise makes it impossible for our residents to enjoy thier homes

in reasonable quiet and comfort.

Additionally, the ongoing disturbances by the Club

will adversely impact sales of units at Center Pointe,

especially if calls to the police regarding the noise violations persist."

From a letter sent by Center Pointe's Condominium Owners Association

to the Greene Street Club

...And Robbie Perkins owns a condo at Center Pointe

is the listing agent for the commercial properties downstairs

and membership to the Center Pointe Condominium Owners Association is mandatory,

how did Mr. Perkins not attempt to use his office "for personal gain"

if the value of his condo rises if the noise ordinance passes?

What Greene Street demands as its right in downtown Greensboro
...is that it be allowed to play music as loud as it wants outdoors on its rooftop
at any hour of the day or night.

Is this factually correct?

Greene Street and its proponents are arguing that the club has the right,
not to play music inside the club as loud as they want and at any hour of the day or night,
but outside on a rooftop...

Is this factually correct?

...they are arguing that they should be able to play their music
just as loud as the equipment can produce all night long if they so desire.

Is this factually correct?

...People live downtown.

...when Greene Street cranks up its music on its rooftop deck
it sometimes becomes impossible to work in our office.

...Greene Street wants to play its music all night long.

Is this factually correct?

....it is unfortunate that it even has to be legislated.

...A couple of people don't want to respect the rights of others
and the government has to step in to protect those rights.

It is one club causing most of the problems,
but all the clubs are going to have to obey the law,
whatever it is, that the City Council finally passes."

John Hammer

If Mr. Perkins should be excused from Roy Carroll's incentive pass thru,

why should Mr. Perkins not be excluded from the noise ordinance issue?

How is this process not compromised,

as Mr. Perkins has already lobbied for the noise ordinance?

A Few Notable Noise Complaints Phoned in to Greensboro's Police Department:

05/02/2011 12.12AM Greene St Roof Top Club Teresa
10/30/2011 11:58PM On the Rooftop Teresa Yon
11/28/2011 12:47AM LLoyd Carrol Caller lives on Center Pointe
12/03/2011 1:05AM Roy 300 z N Greene St. G
12/08/2011 11:05PM Roy Carroll 300 z N Greene St. G
12/09/2011 12:07AM Greene Street Club Roy Carroll 300 z N Greene St. G
12/12/2011 12:37AM Roy Carroll 300 z N Greene St. G
12/23/2011 12:09AM Floyd Carroll
01/09/2012 12:53AM Roy Terrell 300 z N Greene St. G
01/15/2012 11:40PM Roy Carroll 300 z N Greene St. G
01/22/2012 8:48PM Roy Terrell 300 z N Greene St. G

Your request regarding “any documentation,
including noise complaints and emails from residents or owners of Center Pointe,
located at; 201 North Elm Street, Greensboro NC” has been attached.

This should complete this information request.

Regards,

Public Information Desk
City of Greensboro
300 W. Washington Street
Greensboro, NC 27401

No State shall ...deprive any person of life, liberty, or property,

without due process of law;

nor deny to any person within its jurisdiction the equal protection of the laws.

The Congress shall have power to enforce, by appropriate legislation,

the provisions of this article.

Fourteenth Amendment to the United States Constitution

Did Greene Street Club get Due Process of Law?


Between the curfew, the tent ordinance and the noise ordinance
was the Fourteenth Amendment violated by Roy, Robbie and Zack?

The mayor might want to step away from this way

-- at the very least to avoid the appearance of a conflict.

Allen Johnson

"1. When Chief Miller was asked if the need for the ordinance
was framed around one person/group (clearly inferred to be Carroll/Centre Pointe,)
his reply was that "actually Matheny called the meeting."

2. Afterword (in the parking lot), someone asked Matheny why he called the meeting.

His [paraphrased] reply was
"I don't know what Miller was talking about, Robbie wanted the meeting.

It Really threw me under the bus."

Katei Cranford

..."When asked about who contacted him in favor of a more restrictive ordinance,

Matheny told YES! Weekly: “Roy hasn’t really reached out to me,”

though Carroll’s e-mail, which Matheny responded to, proves otherwise."

Robbie says the noise item didn't have anything to do with the tent item.

...“This has been a constant source of complaints over the last few weeks

after Greene Street opened it’s rooftop tent,” Perkins wrote."

Jordan Green

“We got some key people that live downtown that want to sleep,”
City Councilman Zack Matheny said to the crowd of about 30.

“We got some business owners that have been downtown and helped the revitalization.

Can we not all get along?

Can we not all figure it out?”

We know who the key people are
—- developer Roy Carroll and Mayor Robbie Perkins,
who live in the downtown Center Pointe high-rise condo."

Sam Heib

"Regarding curfews, Matheny said the issue came out of feedback

from downtown "stakeholders".

Roy Carroll, whose Center Point project sits at the heart of downtown,

said he was pleased with what he heard...adding action was needed."

Ryan Seals

Greensboro News & Record

“We need action right away,” Roy Carroll told Greensboro City Council members...

“Downtown has come too far and too much is at stake.

We must take bold and decisive steps to ensure that all of our citizens have a safe environment
wherever they are not matter what time of day it is.”

Matheny spearheaded the initiative...

The votes appear to confirm that Greensboro is a rentier regime,
with downtown property owners and their supporters prevailing over other constituencies."

Jordan Green
Yes Weekly

"I find it hard to believe that very many businesses downtown

– which it is the businesses that told me to create the curfew in the first place...

We need to look at partnering with somebody.

...it’s [local developer] Roy Carroll — I don’t care who it is.

Roy, fortunately or unfortunately for him, has a bunch of land.

And he can’t do what he wanted to do,

so maybe we can partner with him.

...Let’s clean ’em up and make it more aesthetically pleasing

and do that in conjunction with getting more heads in beds."

Zack Matheny

"Any officer, department head, or employee who willfully conceals such a financial interest
or willfully violates the requirements of this Section shall be guilty of malfeasance in office or position
and shall forfeit his office or position.

Violation of this Section with the knowledge expressed or implied
of the person or corporation contracting with or making a sale to the city
shall render the contract void."

Sec. 4.131. - Conflict of interest: Greensboro Code of Ordinances, City Charter

"(a) ...no public servant...authorized to perform an official action requiring the exercise of discretion,

shall participate in an official action by the employing entity

...if the public servant...may incur a reasonably foreseeable financial benefit

...which ...would impair the public servant's independence of judgment

or from which it could reasonably be inferred that the financial benefit would influence

the public servant's participation in the official action.

...(c) A public servant shall take appropriate steps,

...to remove himself or herself to the extent necessary, to protect the public interest

...from any proceeding in which the public servant's impartiality might reasonably be questioned

due to the public servant's familial, personal, or financial relationship with a participant in the proceeding.

§ 138A‑36. Public servant participation in official actions.

"...Be it resolved by the City Council of the City of Greensboro:

Section 1. ...The proper operation of municipal government requires that members of the governing body
be honest, impartial, fair and responsible to the citizens;
that governmental decisions and policies be made in proper channels of the governmental structure;
that public office not be used for personal gain;
and that the public have confidence in the integrity of its local government.
Section 2. Disclosure of Interest in Legislative Action

The Mayor or any member of the City Council who has a financial interest,
direct or indirect, in any official action before the Council shall,
prior to placing on the Council agenda,
disclose such interest and all material facts with respect thereto
to the City Manager and City Attorney.

Where is the disclosure of all direct and indirect material facts

prior to placing the noise ordinance of the Council agenda

for Mayor Perkins on the noise ordinance?

In addition, he/she shall publicly disclose on the record of the Council
the nature and extent of such interest, including the full disclosure of all material facts,
and shall withdraw from any consideration of the matter,
pursuant to Sec. 4.131 of the City Charter..."

(Signed) Carolyn S. Allen

Don't

Senate Candidate Trudy Wade Buying Gas or Is This Legal?

District #27 Senate Candidate Dr. Trudy Wade has a press release that was sent to the Greensboro News and Record today. In the article was this:


"A candidate for the state Senate will pump gas and pay the taxes for 100 vehicles that line up at the Citgo station at Stoney Creek Village at 6305 Burlington Road. The campaign event for Trudy Wade starts at 9 a.m. Saturday.
The Wade campaign said customers will pay for their own gas but Wade will pay the state and federal taxes up to a maximum of 20 gallons per vehicle."

My question is this, Is it legal for a candidate on any level to pay for a citizens gas or pepsi product or any other item during a campaign season? To some people this could come across as trying to buy votes with paying for the gas tax. I am sure that it is well intentioned to highlight the high gas prices we pay in this state but to be paying for the gas tax on maybe a future voter in a race for the senate seat brings up a multiple questions in this press release that was on the Greensboro News and Record  and also Yes!Weekly web site. This would be a great question to ask the State Board of Elections.

In the comment section on Greensboro's soon to be increased water [taxes] rates

http://www.news-record.com/content/2012/04/10/article/greensboro_residents_could_see_higher_water_bills

Did Roy and Robbie not care about too much residential Noise, until they did?

"Developer Roy Carroll is planning a $43 million mixed-use project

on Horse Pen Creek Road...

...The city planning department approved rezoning the site this week,

from agricultural and single family to mixed development.

The City Council must approve the land use change in May.

Much of the property sits inside the noise cone

projected for the overnight flights connected to the planned FedEx air cargo hub.

Carroll said sound consultants analyzed the apartment plan

and found insulation included in the units to be satisfactory."

Biz Journal

"Roy Carroll requested that 45 acres on Horse Pen Creek Road
at the intersection of Jessup Grove Road be rezoned for a mixed-use development.

The plan calls for 18,000 square feet of retail, 110,000 of office and 360 apartments.

Almost the entire development is inside the noise cone
and Horse Pen Creek Road is one of the most overcrowded in the city."

John Hammer

"...the Greensboro City Council (as we speak)

is considering high-powered developer Roy Carroll’s mixed-use development

near the already-congested intersection of Horsepen Creek and Jessup Roads.

Who else but PTIA board chairman Henry Isaacson is arguing the case,

and Council member Robbie Perkins is abstaining.

...Carroll gets a City Council special

as his rezoning request is passed by a 7-0 vote,

with Perkins abstaining and Mike Barber absent."

Sam Hieb

"...the Greensboro City Council approved the project 7-0,
along with a change to the city's comprehensive plan.

Councilman Robbie Perkins abstained
because his company has a financial interest in the project.

Opponents also asked the council to deny the project
because it will be within the noise cone of the airport.

High-density development such as apartments are not typically allowed in this area.

But council members eventually approved the project.

"Things aren't going well in our community.

Not everybody can afford to buy a house anymore," Councilman Zack Matheny said.

"We need places where people can rent."

Amanda

"Roy Carroll had zoning stud lawyer Henry Isaacson

who is also on the airport authority board as well

completely skirt the noise cone regulation laws

to get the apartment passed in a noise cone area."

Keith Brown

Look at the second page of comments

http://www.news-record.com/blog/55771/entry/141136

Mayor Perkins Reversal of Recusal on Penthouse Neighbor RIchie Rich Roy Carroll

With this post on Triadwatch last week titled "Greensboro Mayor Perkins Recuses in '09 But Votes in '12 on Richie Rich Roy's Center Pointe"

We see from today in the Greensboro News and Record Inside Scoop this post titled "On Second Look, Mayor Will Have To recuse Himself from Vote"

Then we have the interim City Attorney Waterman say this in his opinion of the recusal of Mayor Perkins from the Park View Development vote:

Ordinance Amending the General Fund On April 3
rd the City Council also amended the City’s general fund budget to disburse economic development grant funds awarded by Guilford County to Park View Development, L.L.C. The item passed 9-0. Mayor Perkins is the listing agent for certain property owned by Park View Development, L.L.C. However, Mayor Perkins is not a member, manager or owner of Park View Development, L.L.C. As such, he does not receive any of the economic development grant funds designated for Park View Development, L.L.C. During the meeting Mayor Perkins confirmed that he would not receive any of the economic development grant funds awarded by Guilford County. Based on those facts I opined that Mayor Perkins did not have an impermissible conflict of interest in amending the City’s general fund budget to disburse economic development funds to Park View, L.L.C.

However, financial interests can be beneficial or detrimental. Upon further reflection, it can reasonably be argued that Mayor Perkins was subjected to a potential financial detriment, e.g. the potential loss of his real estate listings with Park View Development, L.L.C. As such, I am revising my prior opinion to reflect that Mayor Perkins appears to have an impermissible conflict of interest in this matter. While the item passed unanimously, I am recommending that: (1) on April 16th the City Council votes to excuse Mayor Perkins from this item; and (2) the remaining disinterested Councilmembers vote on the amendment to the general fund budget.

The analysis of a Councilmember’s potential conflicts of interest is very fact-specific and nuanced. Determinations should not be made spontaneously. Accordingly, I am respectfully requesting that Councilmembers discuss any potential conflicts of interest with the City Attorney well before the item is being considered at a Council meeting. I apologize for any inconvenience to Council resulting from my earlier opinion. Please feel free to contact me if you have any questions or concerns about this matter.


As you see from the above memo to Greensboro City Council members we see that the Interim Attorney wants any conflicts that need to be addressed before the council meeting happens. Well ,let me give you another conflict between Mayor Perkins and  Richie Rich Roy Carroll . It so happens at this past Greensboro City Council meeting we had this passed with a unaminous vote.:

12. Resolution calling a public hearing for April 16, 2012 to consider requests from developers for public participation in corporate parks in or near the City of Greensboro in accordance with the Urban Development Investment Guidelines

One of the request is to give a grant to Roy Carroll for land in unincorporated Guilford County  for over  $5,360,766 for a BS shovel ready project . Let us remember as to who should pay for water and sewer like this youtube video shows you,






It is also intersting to see Roy Carroll talking about his project off of Horse Pen Creek Road from the above video and to see how a few years later look and see who's for sale sign is on the property below

None other than the Mayor of Greensboro is selling property for Roy Carroll off of Horse Pen Creek Road at Jessup Grove Road next to Hayleigh Village Apartments. This ruling by the interim attorney and a complete reversal from what he had to say at council meeting will make for a interesting April 16, 2012 Greensboro City Council meeting because as we know developer Roy Carroll has a bunch of land in Eastern Guilford County and i am sure not all of the property will be used for a business park but will be a mixed use development and knowing as we see from the above and also the mayor is the leasing agent for Roy Carroll at Center Pointe it will be very hard for the Mayor NOT to recuse himself from the shovel ready economic bond money they want for the property in eastern Guilford County to give to Richie Rich Roy Carroll.

It is great to see 2 local bloggers on triadwatch making a difference in local politics without the help of even being on the local aggregator.