Tuesday, January 7, 2014

Update on State Grant of Money to Randolph County

By Alan Ferguson


Good morning everybody.

Last night the Randolph Board of County Commissioners met in their regular monthly meeting.  Our issue was not discussed, but I did stand and deliver more evidence to the Board as to just why this project is a waste of taxpayer dollars.  A few minutes after I spoke, Chairman Holmes called my name and announced that the requested extension of time during which to buy megasite property had been granted by current State government. He stated that Randolph County have been "given another year".  For your information,  I am sharing with you as an attachment a copy of my notes from last night on which my comments were based.

So, here's a review of where we are now.

Randolph County has $1.67 million State tax dollars in hand with which to buy and upfit land in the megasite footprint.

Randolph County's previous agent created to acquire land titles here is a company called "Alpath Capital, LLC".  This company appears to have no other purpose. The lawyer who is the face of Alpath Capital is a Greensboro attorney named David Joseph.  Mr. Joseph is an experienced professional and he has all of the facts at his disposal.  He knows what he is doing, but he is working only for the people who are paying his fees.

If Mr. Joseph approaches you, he will be interested in tying up the title to your land for some period of time and ultimately acquiring that title.  During the last run at this project, the term was for six months with an option for a six month extension.  These arrangements are called "Option Agreements".  They are binding on the property owner and obligate you to sell if the option holder decides to use his option rights.

I will tell each of you what I would tell anyone who walked into my office with the news that a stranger has asked to speak with them about selling property. YOU NEED AN ATTORNEY WHO UNDERSTANDS REAL ESTATE LAW TO LOOK OVER WHATEVER IT IS THAT IS PRESENTED TO YOU FOR YOUR CONSIDERATION.  The playing field on which you will find yourselves with Mr. Joseph (or whoever he appoints to approach you) will not be a level one.  He, or they, live in the world of negotiations and contracts.  You need someone helping you who lives there also.  If you don't know any such lawyers, e-mail me and I will give you some names of lawyers (not affiliated with me) who could assist you.

Part of the previous round of discussions concerned the requirement that property owners sign "confidentiality agreements" which would prevent you from talking about your discussions with anyone.  Obviously, the intention of Alpath here was to allow simultaneous discussions with multiple property owners who would be forbidden from talking to each other.  In this way, the price ultimately agreed upon would likely be suppressed, to the great advantage of the buyer. This would be a matter of great concern to any attorney who was working with you.  The price paid for land is based upon knowledge.  If the other party has all of the facts, and you have very few, the odds of a fair offer are dramatically decreased.

It is important to keep in mind the human impact of a project of this size on all of us.  Here is a statement from Jeff Caldwell, one of the megasite planners, to his team:

"Is the site sufficient in size and what type of buffers and zoning are needed around the site?

The proposed boundaries for the Greensboro-Liberty Megasite are sufficient, and additional land will likely not be required.  It will be ideal to maintain a buffer of at least 1500’ from any buildings on the site to the property boundaries.  Randolph County may want to take steps to ensure zoning around the site is consistent with the needs of this facility.  For example churches make good neighbors, but schools, residential neighborhoods and apartments, and intense commercial activities near the property boundaries can cause future problems.  Two of the biggest complaints from people located near automotive assembly facilities are the large volumes of car and truck traffic and the smells from the paint booths.  

In other places within the US, development has followed the locations of major automotive facilities.  While development is generally good, it needs to be planned so that residents or commercial users that come after the plant is up and running do not unfairly complain. Good zoning will ensure that public complaints from being located too close to a major automotive facility (traffic, smells, lights, etc.) are minimized.  Randolph County and Guilford County may want to work cooperatively to plan for development around the site." [I have added the emphasis.]

As you can see, the megasite planners have plans for our entire area affecting many hundreds of property owners who will not "directly" participate in the megasite project.  All of our lives will be changed forever if they have their way.

It is also of value to know what prices have been paid recently for desirable parcels of rural property.  And recall that our tract has been called one of the two or three best for its purpose in the entire United States.  The most recent is the central portion of the just-bought Walmart Distribution Center property over in Alamance County.  The tax stamps on that deed indicate that those 38 acres sold for over $39,000 per acre.  Other local rural properties have sold for much, much more per acre.  I will be happy to provide anyone with copies of the documents or with the details of these transactions.  Each is a matter of public record and available for anyone to see. 

That's all that time allows me now.  Please do not hesitate to e-mail or call me at 707-1745 with any concerns or questions.  And feel free to share anything I have said here with Mr. Joseph or with anyone else who approaches you about your property.  We truly are concerned with the facts, and with open and fair dealing between equal parties.
 
Link to Alan's notes. You'll find them very interesting, especially the part about the Piedmont Triad Partnership.