Hypocrite TREBIC CARTEL Member Lawyer Tom Terrell delays Friendly Hobbs For Other Reason?

Looking at the Triad Business Journal today 1-8-2015, Halpern has asked for a 60 day continuance to a major rezoning case off of Hobbs Road and Friendly Ave. but in reality he is asking for a delay until his Triad Real Estate and Building Industry Coalition "TREBIC CARTEL" cronies on the North Carolina State level will try to get Protest Petition completely off the laws in this state and screw established neighborhoods in Greensboro and other places in this state.

The reason we call Tom Terrell lawyer for the developers a hypocrite is because when it is beneficial to his clients he will use this tool called a protest petition but when he needs the votes on council he wants to completely do away with this N.C. State Law. Here is a blog post on TREBIC TOM's blog talking about his hypocrisy with help from local developer Marty Kotis HERE

TREBIC Tom writes this in Triad Business Journal
"In an email copied to the Triad Business Journal, attorney Tom Terrell — who represents Halpern — said the continuance is being sought "so that it can consider alternative designs that are consistent with the offered conditions."

This is total bull shit because all he is doing is  delaying the votes he does not have to see if the State of North Carolina will do away with Protest Petitions and only needs five votes to pass the Greensboro City Council instead of 7 with Protest Petition. There was a article out today in the Greensboro News and Record that said both Council members Hoffman and Hightower are NO votes on this rezoning and TREBIC CARTEL Tom can count and know he doesn't have the votes to pass but delay this get help from cronies in Raleigh and all I need is 5 instead of 7 like the old days where King Zoning Stud Henry Isaacson had enough councilmembers in his back pocket to get 5 votes each time.

Now with this Friendly and Hobbs rezoning we have seen both TREBIC CARTEL Tom Terrell  try twice and King Zoning Stud Henry Isaacson try once to rezone this to no avail . When will these developers ever quit No means No on this property let it stay residential as it should be . There is plenty of places all over Greensboro for this development to happen and the corner of hobbs and friendly is not it.

This case will be delayed more than just 60 days believe me it will be delayed till they can get the law abolished on state level.We will see a continuance after a continuance from TREBIC CARTEL MEMBER Tom Terrell.

We also have local Village Idiot John Hammer from Rhino Times chiming in on this rezoning case stating this

"Before Trader Joe’s pulled out, the smart money said that the rezoning request would have definitely passed the City Council.  There was some question as to whether it would have passed with the seven votes to overcome the protest petition, but those who count votes said a solid seven were there.
 
There are a couple of considerations for those who oppose the rezoning from Residential Single-family R-3 to Conditional District-Commercial-Medium CD-C-M.  One is that the protest petition is going away.  The state legislature intended to do away with it last year and it will certainly meet its demise in 2015.  So the neighborhood has more clout now than it will if this is defeated and comes back up next year when, without a protest petition, the rezoning request will need only a simple majority to pass.  And it looks like, with a seven-member council also on the horizon, that could be four votes.


Lawyers like Tom Terrell and Henry Isaacson use these delay tactics like a playbook and they will always count votes well before these rezoning cases come before council and if they do not have the votes they will delay or completely take it off the books. We will see where this goes but to me it looks like Tom wants a little help from my CRONY friends at the state level who don't know shit about this law and only are getting spoon fed information from TREBIC CARTEl lobbyist on how bad this law of Protest Petition is but in reality it works just fine.

I know about Protest Petition because our neighborhood used it and it actually worked out for the better for both sides of our rezoning case. Protest Petition is a state law that needs to stay or neighborhoods all over North Carolina will get ramrodded by developers and their TREBIC CARTEL members like we see in the triad area of North Carolina


If you want to read more on protest petitions CLICKHERE

and on this blog under protest petition CLICKHERE

Argument for Protest Petitions in North Carolina State Law by Ben Kuhn

 

We have come to find out that the Triad Real Estate and Building Industry Coalition also known as the "TREBIC CARTEL"  has successfully snuck in wording of a bill that will repeal the Protest Petition for good with no compromise or tweaking of this state law just a complete repeal. Here is a few reports linked from this week.

Charlotte Observer HERE

Greensboro News and Record HERE

 

The sponsors of this bill admitted an intent to reduce the bargaining power of neighborhood groups in zoning fights from the Durham Herald Sun . So now we know that neighborhoods all over this state don't have a chance against the Crony Capitalist and their lobbyist who are paid to sway minds and votes. If this repeal comes to fruition than you can kiss your neighborhood good bye when the commercial crony capitalist come a knockin.

 

Talked with Ben Kuhn who agreed to allow me to repost his argument FOR Protest Petitions in North Carolina State Law here is the post

 

 

The Argument For Protest Petitions

Article Date: Tuesday, December 10, 2013

Written By: Ben Kuhn

When a rezoning application is filed, nearby residents are often faced with potential development adjacent to their community that is in conflict with their expectations based on what has always been there and what previously could have been developed under the existing zoning. The rub ordinarily arises in situations where a rezoning proposed on an adjacent property will mark a stark contrast from the zoning and/or character of development of the property already existing next door. The impacts of such a rezoning on the neighboring properties can be significant. The results of such developments can and do affect neighboring property values. This can harm property owners and the community in general.

The developer, their lawyer, architect, land planner, traffic engineer, and others pursuing a significant rezoning case usually have regular professional interaction with staff and elected officials in a number of ways. They lobby and speak directly with planning staff and elected officials. They attend and network at Chamber of Commerce meetings, receptions, downtown booster events, holiday functions, professional development seminars, fund-raisers, UDO “charrettes,” etc. There they meet, discuss matters, spend time to gain trust, and achieve some level of familiarity with and among staff and elected officials. These same officials then make decisions on matters such as rezoning cases brought by developers which often affect people living next door more than anyone else. These interactions happen day in and day out all year, every year, and in this manner developers are able to address issues and respond to questions about specific rezoning cases much more deftly and directly than the ordinary citizen. This level of familiarity takes time and money — neither of which ordinary citizens possess in large measure. This is how the gears of local power often grind. I am not here to say that is bad, or there is anything wrong with developers and others seeking out such relationships and building influence in this manner. That’s the way the world turns and how one can legally influence how power is exercised.

However, no ordinary citizen can reasonably counter-balance such input and influence with just one vote for one town council member in a particular municipal district once every four years.  The ballot box is not much refuge for these impacted citizens when the issues before the larger electorate have little, if anything, to do with the major impact arising from one rezoning application voted on three years ago which has already resulted in a “monstrous” development being built next to their “little slice of heaven.” Realistically, few persons affected can vote in any particular election cycle for the elected official that represents their district (and perhaps for one or two at-large members on the ballot). Let’s be honest: That’s not much. Without the balance-shifting power of the statutory protest petition, there is little that one or a few neighbors can do to register their objection or opposition to a particular rezoning in a manner that can influence elected officials and protect their interests.

Our Legislature has therefore concluded that there must be a mechanism that gives residents a tool to balance such substantial influence and power as exercised by local elected officials at the behest and request of developers. At its core, the protest petition is a reasonable moderating influence to ensure that neighboring properties are zoned and developed in a cohesive and complimentary manner for the benefit of everyone in the community. It is designed to provide one power and advantage to the ordinary citizen, which if it did not exist, could result in those most impacted having little in their quiver to combat overwhelming development interests and municipal authority.

The protest petition and its 75 percent super-majority vote requirement reasonably readjust the scales when a developer requests elected officials to exercise their power to approve a zoning change. This is similar to what happens in the context of a variance application requiring a four-fifths vote to be approved.

A variance application basically requests that a city or town overlook technical compliance with an ordinance where strict compliance would present unnecessary hardship, and where the variance requested is consistent with the spirit and intent of the ordinance and is in the public interest. When an elected body is tasked with voting on a rezoning application in the face of a protest petition much the same forces are at play. The developer wants something different than what is then the written law of the land — i.e., the changed zoning status of the property in question. When asked to change a zoning classification in the face of opposition from those most directly affected, decision-makers should reasonably come to near consensus that the proposed rezoning serves the public interest and should be approved despite the serious impacts upon immediate neighbors arising from the decision.

Some suggest that fairness and balance exist due to public notice requirements, staff and planning board involvement, and public records laws. However, this ignores the fact that developers and their team of professionals are experienced in navigating these waters and have crucial input and influence at every stage of the process. The family at 742 Evergreen Terrace does not. They likely have never sat down and met with, or even spoken to, a town staffer, planning board or town council member — ever — about anything. The process is usually so foreign to ordinary citizens that they do not understand that even a decision as to when to file the rezoning petition has major implications.

There are numerous moving pieces to the decision-making process involving a rezoning. When a developer comes to town council with a proposed change that will alter the nature and character of an existing zoned property, that developer should be expected to bring their “A” game. Developers should (and some do) anticipate the reasonable concerns of neighbors such that the proposed changes will be welcomed by and benefit those affected. If this were done in every case, of course, the protest petition as a “citizen weapon” would rarely be pulled out of the bag.

However, until we arrive at a day when the developer, staff, planning board, town council, and affected neighbors can all be expected to waltz through rezoning proceedings “happily-ever-after” with everyone welcoming changes brought by someone who often has no connection to the impacted neighborhood other than a desire to reap benefit from its location and development potential, the protest petition is a tool that must remain in the bag to protect nearby property owners. As a realist, and perhaps jaded a bit by some of the rezoning and other land use disputes in which I have represented those who oppose a major zoning change, we are just not there . . . and probably never will be. Until then, the Legislature must continue to ensure that the protest petition is a tool available to protect the interests of North Carolina citizens.

Ben Kuhn is the owner of the The Kuhn Law Firm, PLLC and practices law in Raleigh. He can be reached at bkuhn@kuhnlawfirm.com

Stacking The Deck on Boards and Commissions in Greensboro N.C.+Friendly Ave. Rezoning + History

A lot of talk has been going around about the rezoning case in Greensboro off of Friendly Avenue and Hobbs Road with 3 opinion pieces in the Greensboro News and Record 2 for the developers and one for the neighborhood.

on Thursday we had this one

Zoning case: NIMBY attitude surfaces yet again by ex planning board members Cyndy Hayworth and Tony Collins

then on Sunday we had this

Counterpoint: Land’s best use is commercial by zoning commission members Mary Skenes and Rick Pinto

also on Sunday was this

Point: Parcel should stay residential by Scott Kinsey Friendly Coalition

NOTE:TREBIC CARTEL is the Triad Real Estate and Building Industry Coalition


It is time we take a stroll down memory lane in regards to what has been happening for a very longtime in Greensboro North Carolina for how the developers in town stack the deck in regards to boards and commissions  ,we need to look at what happened when citizens from Greensboro and a interloper from High Point  banded together to bring back Protest Petitons to the citizens of Greensboro . Below is what UNC-G Professor had to say at his blog :

David Wharton from A Little Urbanity blog had this to say back when the TREBIC CARTEL was fighting bringing back Protest Petitions which still resonates today

I made some comments at the meeting, too,  in which I focused on the fact that the building and real estate industries hold majorities on key boards and commissions, specifically the Zoning Commission, the RUCO board, the Board of Adjustment, and the Land Development Ordinance Citizens Advisory Team (of which I was a member).

Marlene Sanford of TREBIC took issue with my figures, disputing in particular the LDO CAT numbers, which I said was weighted 11-4 in favor of real estate interests. Since this is a public board, I don't think I'll be violating anyone's privacy by posting their names and occupations here. So here they are:

 

Trip BrownBrown Investment Properties (TREBIC member)

James CoxUrban-Atlantic Builders

Mike Fox

Attorney

Tuggle Duggins and Meshan PA (TREBIC member company)

Dick Franks

Koury Corporation (TREBIC member)

Gary Hill

McAlpine Company 

Jessica Marlies

Environmental law attorney

Bob Powell

North Carolina A&T University

Keith Price

Samet Corporation (TREBIC member)

Todd Rangel

Commercial real estate manager

SunTrust Bank

Gary Rogers

Starmount Company (TREBIC member)

Todd Rotruck

Independent Contractor

Mary Skenes

Yost and Little (TREBIC member)

Gary Wolf

Sparrow Wolf & Dennis, PA (TREBIC member)

David Wharton

UNC Greensboro

Some might quibble with the way I counted. Mike Fox and Gary Wolf are both attorneys, but I counted them as being in the real estate industry because both of their firms are TREBIC members. And though Todd Rotruck was appointed as a representative of the GNC, he's also a contractor in the building industry.

 

______________________________________________________________________________

 

A few more post at TRIADWATCH

 

  Marlene Sanford, Greensboro Partnership, TREBIC= Stacking the Deck on Boards and Commissions

 

in this article was this

"When will see a change in the mind set on who needs to be appointed to these boards and commissions because it has become a broken record. How has it become a broken record because here is what was reported back in 2008 from the protest petition for Greensboro N.C. blog

"In the Triad Business Journal January18-24 2008 in the Triad Talk section this is what was said. " Developers always have the upper hand in Guilford County" says Reid Phillips, an attorney with Brooks Pierce in Greensboro. They have boards packed with their people. They have experience. They are masters of divide and conquer. They can also wear people out with continuances.

It is hard for grass roots efforts to compete with this modus operandi."

 

MORE

 

Stacking the Deck with Developers

 

TREBIC + RUCO = Fox Guarding Hen House

 

Here is What Stack The Deck With TREBIC Developers Looks Like in Greensboro N.C.on CAT TEAM

 

Even today on the boards and commissions we have plenty who are in real estate and development industry stacking the deck

 

Mary Skenes  Yost and Little TREBIC CARTEL MEMBER

 

Paul Gilmer plenty was discussed on this appointment HERE

 

Russ Parmele Brown Investment TREBIC CARTEL MEMBER

 

Peter Placentino Brown Investment TREBIC CARTEL MEMBER

 

John Martin

 

Marc Isaacson who is King Zoning Stud Henry Isaacson's Son and law firm is major player in TREBIC CARTEL

 

Frankie T Jones was at smith moore leatherwood law firm TREBIC member but now at Lincoln financial

 

Rick Mossman  CBRE is TREBIC CARTEL member

 

Just remember about these appointments and for neighborhoods across Greensboro the deck is not stacked in your favor and it is not a even playing field with the local media having 2 against one in regards to the friendly rezoning articles out in the past few days and don't want to even talk about the PRO Trader Joe's piece written by News and Record a few weeks ago.

 

 

Stay strong friendly coalition,am sure the TREBIC CARTEL's lawyers from hypocrite lawyer Tom Terrell to King Zoning Stud Henry Isaacson have tried and failed at this property . They might need to get High Point's King Zoning Stud  James Morgan  on the case. Just remind James how protest petitions in a High Point zoning case helped a few years later bring it back to Greensboro after 30 + years.

 

 

 

 

 

 

 

 

 

 

 

 

Items for your Information from Greensboro City Manager on Protest Petitions and Electronic Notices

Greensboro City Manager Roth sent out this e mail with a few items of interest to this blog that will be talked about plenty in the coming months for our North Carolina State Legislature to hopefully pass a Electronic Notice bill and also keep Protest Petitions in the zoning process.

Protest Petitions Remain Alive

HB 74 did not include the proposed elimination of protest petitions that was in Senate Bill 112. SB112, Create Jobs Through Regulatory Reform, was not adopted by both Chambers and this proposal has apparently failed for this session.


4. Electronic Notice.

Senate Bill 287, Notice Publication by Some Local Governments, began as a local bill for Greensboro, High Point and Guilford County. It was then expanded to 14 counties including Davidson, Forsyth, Randolph, Mecklenburg, and Wake. It passed the Senate on April 22nd. The bill faced strong opposition in the House. The bill was considered on the House floor on Wednesday the 24th. There it was amended and essentially gutted. Late last night the Senate failed to concur with the House changes, and adopted a conference substitute bill restoring the original bill language and applied it to Guilford and Mecklenburg County. The bill was due to be voted on this morning by the House, but was pulled from the calendar. It remains alive for consideration in the 2014 short session.

Protest Petition Talk Round Up from Editorials,Letters to Editor, News Report in North Carolina

I wanted to give you a link to plenty of talk about protest petition in North Carolina after a few lawmakers snuck in this bill to appease their crony capitalist to take away the bargaining power of neighborhoods all over this state. Here we go

Petition Retreat from Greensboro News and Record editorial out today

HERE

Killing Protest Petition Not In Our Best Interest by Greensboro Attorney and former State Senator Don Vaughan

HERE

Bill would weaken neighbors’ ability to fight zoning changes, by Charlotte Observer

HERE

Bill could hinder neighbors ability to fight stores, businesses, WSOC tv in Charlotte

HERE

Protest petition quietly put to death amidst sweeping GOP changes, Yes! Weekly Jordan Green

HERE

Bill Would Eliminate A Tool Neighbors Have To Fight Zoning Changes, WFAE radio in Charlotte

HERE

Protest Pinched, Greensboro News and Record Editorial

HERE

We also have our local TREBIC Cartel attorney Tom Terrell NC Legal Landscapes who works for the developers who I just heard is going to have this blog post as a opinion piece in Sunday's Greensboro News and Record with a post titled, Legislative Update – Protest Petitions Killed . . . Finally

HERE

Greensboro Mayor Robbie Perkins Plays Fast And Loose With Protest Petition Facts , Billy Jones Blogger East Greensboro Performing Arts Center

HERE

Finally a Local News Station with a Report on Protest Petition WXII 12 , Where is Fox 8 and News 2

Had a blog post the other day in regards to where was our local media in reporting to the citizens in the Triad to the repeal of Protest Petition by a bunch of crony capitalist who want to reduce the bargaining power of neighborhoods in regards to rezoning cases all over this state.

Well now we have WXII Channel 12 in Bill O'Neill

who came by to interview me in regards to this issue since me and a big group of citizens in Greensboro fought very hard to get this back to the citizens of Greensboro to see them totally want to repeal the whole statute from the laws 4 years later.

Here is the video and post titled BILL WOULD ELIMINATE PROTEST PETITION

Thanks for the interview and to talk about this issue and as we speak this bill has been referred back to the rules committee in N.C Senate and hopefully it will stay there and not get out to vote on this bill before the end of session.

I can still hear birds chirping at Fox 8 and News 2 where are you?

White Street Landfill, Protest Petition, and Yes! Weekly Interview with Nancy Vaughan

Jordan Green from Yes!Weekly is interviewing the candidates in the upcoming Greensboro municipal election and we see that Protest Petition has been brought up on the campaign trail. In this Yes! Weekly blog interview we have this from the article:

"While Vaughan was not on council at the time the body took action on the matter in 2009, she strongly advocated for the restoration of the protest petition in Greensboro.

Under current zoning, phases VI and V at the White Street Landfill can only be used for fill dirt, excluding use as a landfill. In addition to obtaining permits from the NC Department of Natural Resources, the city council would also have to hold a public hearing and take a vote to rezone the tracts before the city could begin accepting household waste in the two areas.

“At that point, it would fall under the protest petition,” Vaughan said. “Residents with adjacent property would have the opportunity to file for the protest petition. If that’s the case, in order to use IV and V they will have to have a super majority…. That means they need seven affirmative votes. Do you think there are seven council members who would vote for that?"

Four members of the nine-member council have recently prevailed to reopen the landfill against three members opposed. Councilman Zack Matheny, like Vaughan, has been conflicted out."

To see the whole interview CLICKHERE

If what we hear from what Nancy Vaughan is saying then the gang of four will not have a fighting chance of this ever passing the Greensboro City Council with the Protest Petition being used in the zoning process. Will we see any other media outlet pick up this interesting piece of the White Street Landfill issue? This is a huge story and we will see if the protest petition is used by the abutting neighbors . More to come on this issue.