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...There is no way he can vote against it, BY NC LAW, unless someone can do what Pink Caddy said -....
Sure he can. He can absolutely vote against it if he chooses. He and his seat is not constitutionally liable on a personal basis for official votes on the city council. The US Constitution does not allow the federal government to control the voting actions of local government. If the city council votes for something that would violate federal law then it goes to the COURT which will decide it and only of the Federal government, in this case the Obama Administration, decides to pursue it.
Remember they are voting to change a currently legal NC zoning issue. There is no reason for them to have to do this.
His letter, where he hides behind the federal government, is nonsense and an attempt to take the monkey off his back. There is no reason for him to even go to the council if all they are is a rubber stamp for the federal government. It's called taking responsibility for his seat and representing his constituents.
Its a helpful email response from Cooksey. If you do not agree with this, you need to come up with a better reason than just not wanting Section 8 housing near you. My understanding is lack of public transportation also does not factor in to the decision (which makes no sense...but we are talking about gov't).
There needs to be a legal snag to end this project or there needs to be evidence like the school board presented where the schools are overpopulated and can't support additional growth.
I don't know if the Dept. of Transportation weighs in, but it'd be helpful if they reported that this is not a good area for planned residence due to overcongestion at the intersection.
Was it zoned something else before? If so go back and look at why it was zoned that in the beginning and use it against the change to it being re-zoned as residential. Can't hurt.
Was it zoned something else before? If so go back and look at why it was zoned that in the beginning and use it against the change to it being re-zoned as residential. Can't hurt.
Lumbollo- you keep referring to the federal government not being able to tell the local gov't what to do - and constitutional rights- and you are totally overlooking that NC's General Assembly, according to what Cooksey wrote in that email - has passed a law prohibiting local government from turning down affordable housing unless some reason can be shown why it is not feasible (other than property values declining). Did you read that?
Folks can show up at meetings by the thousands. Editorials can be written in newspapers and blogs. Protestors can march in the streets. IT WON'T MATTER. This WILL be passed.
The only thing that will keep it from being passed is if someone can come up with some LEGALILTY to stop it. I don't see anyone doing that! The types of things that would have to be found and proven to exist on that property would be (and I am serious here, folks)
1. A feasibility study would have to show that the increase is traffic would be dangerous, and this would have to meet some sort of test (and I don't know what that test is - someone out there does). This is what Pink Caddy and Gumbo are trying to convey.
2. Some type of protected property, such as wetlands
3. Some type of geological problem, such as underground springs, sinkholes, etc
Those are the types of things that one would have to prove exist and would therefore make the project impossible to go forward.
Cooksey spelled it out. Others of us have tried to spell it out. It will take an attorney and some very creative thinking to get out of this - and so far, all anyone has come up with are petitions and lots of anger and disgust. All that is gonna get anyone is smacked up side the head w/ the reality that Charlotte is getting ready to be reconfigured - one neighborhood at a time.
Following Ani's post, what is needed is someone who has access to the area's geological makeup or a lawyer furious enough to do the research into legalities. I hope there is at least one geologist in the affected area or several lawyers willing to look into it.
And in hindsight, vote the next time, and for someone with an agenda different from this one.
Lumballo:
iwent back and read that it was zoned commercial. So why was it zoned commercial in the first plac and not residential? There had to be a reason. Maybe that reason could be something to look into. Why is that reason not valid anymore? It could not have changed that much. For example some areas ex. Va beach are zoned commercial because of the jet paths and the potential for a large number of people being hurt in the event of a crash. This is because with commercial zoning the number of people present would change dramatically on weekends and evenings. The only reason this would change is if they move the base which is not happening anytime soon.
Therefore the first place I would start is why commercial as opposed to residential in the first place and go from there. Just a start.
It was zoned commercial fairly recently. I remember looking at the plans a year or two ago. There was going to be an office park put in at this location. I guess plans fell through after the financial collapse. Looks like commercial plans also fell through on the land on the corner of Johnston/Lancaster Hwy (one stoplight south of the Providence Rd. West intersection).
Anifan is exactly right. Cooksey's email outlines the same. Do not go to one of these meetings planning to argue property value, crime, etc...the decision isn't going to be based on this criteria. An argument needs to be made based on planning data that the location is not feasible for this type of development.
Speaking of public housing, nice to see the Charlotte Housing Authority did such a bangup job screening this applicant...
Lumbollo- you keep referring to the federal government not being able to tell the local gov't what to do - and constitutional rights- and you are totally overlooking that NC's General Assembly, according to what Cooksey wrote in that email - has passed a law prohibiting local government from turning down affordable housing unless some reason can be shown why it is not feasible .....
North Carolina once had a law that did not allow local municipalities to perform mixed race marriages. Because the law is on the books, doesn't mean they can force votes on a city council. It's when the local city councils all vote in lockstep with no regard to their citizens when we should be pissed and worried at the same time. If we accept that fact that local control is now at the federal and state level, then we might as well dissolve the city council. It serves no purpose.
IF a thousand people will be on site when they will plan to start digging, then they would not be able to dig. IF we do that everyday it will draw media's attention...that will be the last thing we could do after it all approved and through...but I think if we all do that then we can stop them...
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