Thursday, April 12, 2012

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 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? 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.


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.’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) 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, 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


katei said...

"Incidentally, the mayor said that, contrary to some reports, he’s not bothered personally by the noise from his two-bedroom condo at Center Pointe." -

W.E. Heasley said...

Externalities are taxed [Pigouvian taxes] and/or legislation is proposed by politicos at some party‘s expense.

Then there’s the “Coase Theorem”: