Updated; Justin Outling and the Agapion's

MINUTES OF THE
CITY OF GREENSBORO
MINIMUM HOUSING STANDARDS COMMISSION
REGULAR MEETING
DECEMBER 9, 2014

The regular meeting of the City of Greensboro Minimum Housing Standards Commission was held on Tuesday, December 9, 2014 in the Council Chambers of the Melvin Municipal Office Building, commencing at 1:30 p.m. The following members were present: Justin Outling, Chair; Kimberly Moore-Dudley; Robert Kollar; Shermin Ata; and Horace Sturdivant.

https://www.greensboro-nc.gov/services/vision-components/search-results?q=%22outling%22%20%22agapion%22

11. 3102 Summit Avenue – Apartments I and N (Parcel #0032354) Basil and Sophia Agapion,
Owners. In the Matter of Order to Repair, Alter or Improve Structure. Inspector Jarod LaRue.
Continued from October 14, 2014 meeting. (CONTINUED UNTIL FEBRUARY 10, 2015 MEETING)

Chair Outling asked Compliance Coordinator Benton if the video that was shown was a fair and accurate representation of the property; if all parties in interest were properly served with all notices, complaints and orders issued in this matter; the last time the property was visited was December 4, 2014; the property is a duplex or multiunit apartment; there are more than five separate types of violations of any of the minimum housing standard codes. Compliance Coordinator Benton stated that she agreed with these questions. Compliance Coordinator Benton stated that the list of violations for Apartment I includes electrical equipment needs to be properly installed and maintained; exposed wiring at outlets and light fixtures; utilities for heat were not on at time of inspection; every dwelling shall contain a kitchen sink; plumbing facilities need to be maintained in safe, sanitary and functional condition; water not on at time of inspection; water heater not properly installed or maintained; heating system not maintaining 68 degrees in habitable rooms, bathrooms; plumbing not properly connected to public sewer system; unclean and unsanitary floors, ceilings, and/or walls; walls have cracked plaster, decayed wood or other defective material; loose floor covering must be repaired or replaced; rotten flooring must be repaired; ceilings contain holes, are rotten, or in disrepair; cracked or missing electrical outlet and switch covers; power not on at time of initial inspection; exterior doors are difficult to operate, missing smoke detectors; and a carbon monoxide detector is required.

https://www.greensboro-nc.gov/services/vision-components/search-results?q=%22outling%22%20%22agapion%22

Apartment N violations include walls have cracked or loose plaster; unclean/unsanitary floors, ceilings and walls; duct system needs to be capable of performing its intended function; utilities for heat were not on at time of inspection; plumbing facilities need to be maintained in a safe, sanitary and functional condition; plumbing not connected to public sewer system; sewer line not properly installed or maintained; water not on at time of initial inspection; water heater not properly installed; doors difficult to operate; electrical  equipment needs to be properly installed and maintained; power not on at time of initial inspection and carbon monoxide detector is required.

https://www.greensboro-nc.gov/services/vision-components/search-results?q=%22outling%22%20%22agapion%22

Irene Agapion, 625 South Elm Street, stated that out of the original 14 units, 12 have been brought into compliance. Apartments I and N are the last two units because they were in the worst condition.

Since the last meeting they have applied for utilities. New gas lines must be run to these last two units. The contractor anticipates having both units completed by mid-January, depending on how long it takes to have the gas lines run.

Mr. Kollar moved to continue the case until the February 10, 2015 meeting, seconded by Mr. Sturdivant.

The Commission voted 5-0 in favor of the motion. (Ayes: Outling, Ata, Kollar, Moore-Dudley, Sturdivant. Nays: None.)

https://www.greensboro-nc.gov/home/showdocument?id=26479

https://www.greensboro-nc.gov/services/vision-components/search-results?q=%22outling%22%20%22agapion%22

On April 18, 2017, Justin Outling seconded and voted to give Brooks Pierce Partner George House Greensboro taxpayer monies while Justin worked at Brooks Pierce

http://greensboroperformingarts.blogspot.com/2017/11/on-april-18-2017-justin-outling.html

Why would the City of Greensboro take 11 weeks to produce an advisory opinion on the Justin Outling and United Healthcare conflict of interest?

http://greensboroperformingarts.blogspot.com/2017/11/why-would-city-of-greensboro-take-11.html

Greensboro City Council member Justin Outling should resign


http://greensboroperformingarts.blogspot.com/2017/10/greensboro-city-council-member-justin.html

What are the chances Justin Outling isn't playing ball for Brooks, Pierce's other clients if he got 16 Brooks, Pierce employees to give to his campaign so far?, and some Marty Kotis

http://greensboroperformingarts.blogspot.com/2017/08/what-are-chances-justin-outling-isnt.html

Councilman Outling Violated Ethics Laws

http://greensboroperformingarts.blogspot.com/2017/09/councilman-outling-violated-ethics-laws.html

Fake fiscal conservative Tony Wilkins and Justin Outling vote for City of Greensboro Tax Increase

http://greensboroperformingarts.blogspot.com/2017/04/fake-fiscal-conservative-tony-wilkins.html

Justin Outling: $500 from Marty Kotis, who he voted to give taxpayer monies to

http://greensboroperformingarts.blogspot.com/2016/01/roch-smith-jr-kotis-showers-council.html

What Justin Outling didn't/don't/won't watch out for, for the City employees' retirement plan

http://greensboroperformingarts.blogspot.com/2016/08/what-greensboros-city-council-and-staff.html

Greensboro City Councilman Justing Outling proposes legalized theft of local commercial properties for Nancy Hoffmann

http://greensboroperformingarts.blogspot.com/2016/08/greensboro-city-councilman-justing.html

Greensboro City Councilman Justing Outling voted for regressive taxes for Greensboro's poor 

http://greensboroperformingarts.blogspot.com/2016/06/greensboro-city-council-plans.html

Premeditated fraud on the City's taxpayers by Justin Outling and City Council

http://greensboroperformingarts.blogspot.com/2015/12/tonight-greensboros-city-council.html

Justin Outling Took The Bribe

http://greensboroperformingarts.blogspot.com/2017/09/justin-outling-took-bribe.html

Rhino Times John Hammer shills for Justin Outling and the rest of Roy Carroll's minions on City Council

http://greensboroperformingarts.blogspot.com/2017/08/rhino-times-john-hammer-shills-for.html

"Councilman Justin Outling violated conflict of interest rule", and should resign. with links

http://greensboroperformingarts.blogspot.com/2017/08/councilman-justin-outling-violated.html

Nancy Vaughan, Mike Barber, Tony Wilkins, Marikay Abuzuaiter, Justin Outling, and Nancy Hoffmann betrayed Greensboro's employees and taxpayers

http://greensboroperformingarts.blogspot.com/2017/07/greensboro-city-council-succumbs-to.html

Goldie Wells signs on to be just like Justin Outling and Tony Wilkins; Appointed before an election

http://greensboroperformingarts.blogspot.com/2017/07/goldie-wells-signs-on-to-be-just-like.html

What’s the Cost of Keeping Corrupt Greensboro City Council Members Like Mike Barber in Office?

http://greensboroperformingarts.blogspot.com/2017/06/whats-cost-of-keeping-corrupt.html

Roch Smith Jr. on Justin Outling's Bullshit

http://greensboroperformingarts.blogspot.com/2017/06/roch-smith-jr-on-justin-outlings.html

"Greensboro City Council member Justin Outling is fond of saying that the city’s now-defunct policy on public access to police body camera video was the “first in the state.”

http://greensboroperformingarts.blogspot.com/2017/05/greensboro-city-council-member-justin.html

Fake fiscal conservative Tony Wilkins and Justin Outling vote for City of Greensboro Tax Increase

http://greensboroperformingarts.blogspot.com/2017/04/fake-fiscal-conservative-tony-wilkins.html

Roch on Carruthers, Outling and Barber

http://greensboroperformingarts.blogspot.com/2016/11/roch-on-carruthers-outling-and-barber.html

Greensboro City Councilman Justing Outling proposes legalized theft of local commercial properties for Nancy Hoffmann

http://greensboroperformingarts.blogspot.com/2016/08/greensboro-city-councilman-justing.html

Margaret Moffett and Steven Doyle are probably not going to report Nancy Vaughan lying to her constituents at the News and Record

http://greensboroperformingarts.blogspot.com/2016/06/margaret-moffett-and-steven-doyle-are.html

NC Bar Complaint Against Justin Outling

http://greensboroperformingarts.blogspot.com/2015/09/nc-bar-complaint-against-justin-outling.html

Councilman Justin Outling: Your Resignation Please

http://greensboroperformingarts.blogspot.com/2015/07/councilman-justin-outling-your.html

Sam Heib Points To Justin Outling Conflict Of Interest

http://greensboroperformingarts.blogspot.com/2015/07/sam-heib-points-to-justin-outling.html

Is Zack Matheny's Replacement Rigged?

http://greensboroperformingarts.blogspot.com/2015/06/is-zack-mathenys-replacement-rigged.html

Speaking of attorney/client related conflicts of interest; Zack Matheny and Jason Outling Edition

http://greensboroperformingarts.blogspot.com/2015/06/speaking-of-attorneyclient-related.html

"...his service on the Minimum Housing Standards Commission that gave Outling insights into one of the city’s biggest policy challenges.

“As chair, I think the group of us did a terrific job of really holding property owners accountable, enforcing the ordinance, and making it clear that if you fail to bring your property up to minimum standards in a timely way then there will be consequences for that failure,” Outling said.

...After serving on the commission, Outling began to realize that some of the changes he wanted to see take place could only occur if he was on council.

“I thought about some of the other issues that I care deeply about and observed similar things,” Outling said. “You can make a lot of great progress (as a volunteer), but you can have a much quicker and direct impact if you have a hand at the policy making table.”

He’s already begun to work on a text amendment to the city’s minimum housing ordinance, one he hopes council will pass in the coming months..."

http://yesweekly.com/outling-looks-to-claim-greensboros-district-3-seat-a23323/

https://trebic.org/2017/01/inclusionary-zoningaffordable-housing-percentage-2/

Proof of Control Fraud by Kathy Manning, City of Greensboro's Matt Brown, CFGG's Walker Sanders and everyone else who knew and didn't say anything, especially the elected officials who voted for it

Matt, Kathy and Walker conspired to mislead the public with farcical, unattainable math;

330 spaces x $18 = $5,940

$5,940 x 150 = $891,000

Which matches within $20,000 of what was presented to the public 

and voted on by City Council;

$10 million + 2.1 + $1.079 million = $13,179,000 million from VIP parking,

which is just about $13,195,710.  From Fri, Mar 16, 2018 at 4:24 PM;

330 x 18 = $5,940

$5,940 x 150 = $891,000 per year, from 330 VIP parking spots at $18 a piece 

sold out at every event for 150 events

$13,195,710 / $891,000 = 14.81 years of 330 VIP spots 

sold out at every event for 150 events every year

for almost 15 strait years

The paid consultant said the center could host about 149 events per year after 3 years, some of which obviously couldn't get sold out VIP parking money;

The STPAC is not going to sell 330 VIP parking spots at every event

31 events don't look like they can charge $18 for VIP parking


149 - 31 = 118

66 annually projected performances are expected to bring in less than 2,000 patrons, which are not going to sell 330 VIP parking spaces for $18 a piece

There are 12 expected student plays or concerts, which will likely have no VIP spaces sold for.

The 11 recitals won't sell 330 VIP spaces

CTG's Wizard of Oz etc... can't/won't be able sell 330 VIP parking

So how much is the parking going to cost, 

relative to taking a Uber/Lyft, or parking for free?

There were 488 free on street parking spots within 1,200 feet of the site, 

not counting the VF and the Marriott parking across the street,

and another couple thousand in two more parking decks on the way;

https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh7yYf-FgaVvhZqm5CUFD95KQcGbAYKnfPEdcoaaR-MTUU_nwOjbn6I_xWlRX-WeYMoq8gWu_16EiroPZNyJ4S50BA2A8E9bTQYcv5bOi6YOhvdBisOAQ1PRntNBHJqZTH9b0URpz11Vow/s1600/Inside+Circle.jpg

The Bellemeade Deck across the street has 1,276 spaces

DPAC charges $5 per car in a similarly proximate deck.

The public presentation didn't include how much the parking would cost at $18 per spot, and certainly didn't include the projected 2019 rate and potential more VIP parking

on top of the 330 spaces currently planned;

As of November 14, 2017, only $20 million of the $40 plus million in private donations have actually been "raised", not counting expected interest payments on the loan CFGG took out to make up the difference;

http://greensboroperformingarts.blogspot.com/2018/04/as-of-november-14-2017-only-20-million.html

Manning and Walker Sanders, the president of the Community Foundation,

also announced that they had met their goal

of raising $38.5 million from private donors.

Dawn DeCwikiel-Kane

Financially Illiterate News and Record reporter who lied to her readers

Dec 17, 2016

Manning and Walker among others purposefully misled our community

and have conspired against Greensboro's taxpayers for personal profit

Costs for the entire project will be covered by private donations,

hotel and motel tax revenues, ticket fees and parking revenues

— not taxpayer money, [Matt] Brown said.

Dawn DeCwikiel-Kane

If taxpayer money becomes involved, 

Matt Brown should be removed from his position

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Performing Arts Center: "[Notable]...Task Force Members";

GPAC Development / Marketing Task Force; Kathy Manning, co-chair

GPAC Economic Impact / Feasibility Task Force; Randall Kaplan and Roy Carroll

GPAC Development / Marketing Task Force; George House, one of Randall's partners

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Two reasons among many that a GPAC with 3,000 seats probably won't work as well as DPAC with 2,700 seats

http://hartzman.blogspot.com/2013/06/one-reason-among-many-that-gpac-with.html

City Council voted to for this project knowing this information

or should have, and/or willfully ignored data,

violating their fiduciary duties to Greensboro's taxpayers,

and should be removed from office

"§ 14-230. Willfully failing to discharge duties.

(a) If any clerk of any court of record, sheriff, magistrate, school board member, county commissioner, county surveyor, coroner, treasurer, or official of any of the State institutions, or of any county, city or town, shall willfully omit, neglect or refuse to discharge any of the duties of his office, for default whereof it is not elsewhere provided that he shall be indicted, he shall be guilty of a Class 1 misdemeanor. If it shall be proved that such officer, after his qualification, willfully and corruptly omitted, neglected or refused to discharge any of the duties of his office, or willfully and corruptly violated his oath of office according to the true intent and meaning thereof, such officer shall be guilty of misbehavior in office, and shall be punished by removal therefrom under the sentence of the court as a part of the punishment for the offense."

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"§ 14-209. Punishment for perjury.

If any person shall willfully and corruptly commit perjury, on his oath or affirmation, in any suit, controversy, matter or cause, depending in any of the courts of the State, or in any deposition or affidavit taken pursuant to law, or in any oath or affirmation duly administered of or concerning any matter or thing whereof such person is lawfully required to be sworn or affirmed, every person so offending shall be punished as a Class F felon."

.

.

"§ 14-210. Subornation of perjury.

If any person shall, by any means, procure another person to commit such willful and corrupt perjury as is mentioned in G.S. 14-209, the person so offending shall be punished as a Class I felon."

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2005 North Carolina Code - General Statutes § 97-88.2. Penalty for fraud.

§ 97‑88.2. Penalty for fraud.

(a) Any person who willfully makes a false statement or representation of a material fact for the purpose of obtaining or denying any benefit or payment, or assisting another to obtain or deny any benefit or payment under this Article, shall be guilty of a Class 1 misdemeanor if the amount at issue is less than one thousand dollars ($1,000). Violation of this section is a Class H felony if the amount at issue is one thousand dollars ($1,000) or more. The court may order restitution.

(a1) When a person is convicted under subsection (a) of this section, the Commission may enter such orders as necessary to ensure that the person convicted does not benefit from the unlawful conduct.

https://law.justia.com/codes/north-carolina/2005/chapter_97/gs_97-88.2.html

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N.C. GEN. STAT. § 75-1.1. Methods of competition, acts and practices regulated; legislative policy

(a) Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are declared unlawful.

...North Carolina enacted the Unfair and Deceptive Trade Practices Act (“UDTPA”) to benefit consumers, but “its protections extend to businesses in appropriate situations.”[3] Creating a private cause of action for consumers was the Act’s primary purpose.[4] Also, the statute was enacted “to provide a civil means to maintain ethical standards of dealings between persons engaged in business and the consuming public” within North Carolina because “other legal remedies were inadequate or ineffective.”[5] It applies to dealings between buyers and sellers at all levels of commerce.[6]

Under the North Carolina statute, both individuals, through a private cause of action, and the State, through the Attorney General, can raise a claim for unfair and deceptive trade practices.[11] The Attorney General is responsible for investigating all corporations or persons in North Carolina doing business in violation of the law.[12] Persons or corporations that violate any of the provisions of Chapter 75 may be subject to criminal sanctions in prosecutions brought by the state Attorney General, remedies through civil actions brought and prosecuted by the Attorney General, damages in private causes of action by injured persons, or any permissible combination.[13]

Prima Facie Case

Three-Part Test

A claim under this statute requires proof of three elements: (1) an unfair or deceptive act or practice; (2) in or affecting commerce; (3) which proximately caused the injury to the claimant.[15] [16] A court will first determine if the act or practice was “in or affecting commerce” before determining if the act or practice was unfair or deceptive.[17]

Unfair and Deceptive Definition

A practice is unfair when it offends established public policy or when the act or practice is “immoral, unethical, oppressive, unscrupulous, or substantially injurious to consumers.”[18] A party is guilty of an unfair act or practice when it engages in conduct which amounts to an inequitable assertion of its power or position.[19] [20] For an act or practice to be deceptive it must have “the capacity or tendency to deceive” but proof of actual deception is not required.[21] [22]

Deliberate acts of deceit or bad faith do not have to be shown, rather, the claimant must demonstrate that the act or practice possessed the tendency and capacity to mislead or created the likelihood of deception.[23] Additionally, it is not required that the claimant actually relies on the deception in order to prevail; actual reliance is not a factor to be considered.[24] 

Unfairness is a broader concept than, and includes the concept of, deceptiveness.[28] However, only one—either unfairness or deceptiveness—is required to bring the act or practice within the statute.[29] There is no requirement that the act or practice be both unfair and deceptive.[30]

A plaintiff can prove that an act was “in or affecting commerce” by demonstrating that the parties were “engaged in an activity involving an exchange of some type in which a participant could be characterized as a seller.”[38] However, the activity need only to “surround or affect a sale,” it does not need to meet a stricter standard of “inducing a sale.”[39]

In its broadest sense, commerce includes “intercourse for the purposes of trade in any form.”[40]

Causal Requirement

A claimant must prove that a defendant’s unfair or deceptive acts were the cause of the injuries the claimant incurred. Proof of actual injuries can include: loss of the use of specific and unique property, the loss of any appreciated value of property, and other elements of damage shown by plaintiff’s evidence.[44] Reliance on the defendant’s unfair or deceptive act is not necessary to show that the defendant was the proximate cause of the plaintiff’s injuries. 

The Burden Shifting Scheme

North Carolina’s UDTPA created a statutory burden-shifting scheme. At the outset, the Plaintiff bears the burden of proof,[47] and must provide sufficient evidence to support his claim that he has suffered actual injury as a result of the defendant’s actions.[48] Then the plaintiff must prove that the defendant’s actions “were in or affecting commerce,” and that they constituted an unfair or deceptive practice. Once a plaintiff has established his prima facie case, the burden shifts to the defendant to prove that he is exempt from the UDTPA.[49]

Fraud is sufficient evidence of an unfair or deceptive act, including fraud in the inducement;[81] [82] the use of coercive tactics is also covered by the statute;[83] negligent misrepresentation, including failure to disclose that amounts to misrepresentation;[84] and, a broken promise can also qualify if the promisor had no intent to perform when he made the promise, which amounts to promissory fraud.[85] 

Intentionally and Knowingly Making False Statements: Torrance v. AS&L Motors, Ltd., 119 N.C. App. 552, 459 S.E.2d 67 (1995).

A used car salesman told potential buyers a specific car had not been involved in an accident when asked by the buyers, even though the seller knew that statement was false. The buyer then relied on the statement that the car had never been in an accident and purchased the car. Because the car salesman knowingly lied to the buyers about the car’s accident history, the act was unfair or deceptive under the statute.

Failure to Inspect: Huff v. Autos Unlimited, Inc., 124 N.C. App. 410, 477 S.E.2d 86 (1996).

A used car salesman failed to conduct a simple visual inspection of a car that he knew had been in an accident. Even without the visual inspection, and with the knowledge that the car had been wrecked, the salesman sold the car with assurances of its reliability, subjecting him to liability for an unfair or deceptive trade practice.

https://en.wikibooks.org/wiki/N.C._Gen._Stat_%C2%A7_75-1.1:_Unfair_%26_Deceptive_Trade_Practices_Under_North_Carolina_Law

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FRAUD: The Supreme Court has concluded that there are two types of fraud in a civil context: Actual and Constructive.  The Court has determined that Active Fraud is the false representation of a material fact or, in the alternative, the concealment of a material fact.  Moreover, the misrepresented material fact must be known to be false or made recklessly, without any knowledge of its truth or falsity.  A fact is considered “material” if, had it been known to the party, it would have influenced that party’s decision in making the contract at all.  Constructive Fraud, on the other hand, is based on the relationship between the parties.  It requires the existence of a relation of trust and confidence, in which the bad actor is alleged to have taken advantage of his position of trust, resulting in injury to the harmed party.  

http://hslc-law.com/deception-ruse-subterfuge-when-does-act-rise-to-fraud-or-unfair-and-deceptive-trade-practice/

A bird flying by tells me Nancy Vaughan, DGI's Zack Matheny and City staff threw Roy Carroll under the bus to enrich Randall Kaplan and Kathy Manning, Congressional Candidate,George House and Justin Outling and Greensboro's elite oligarchs

Sounds like Nancy Vaughan made the ultimate call, and Zack was in on it, with the help of past and current City staff.

Kathy Manning is going to have a boatload of leftover campaign cash to hand out, in exchange for her hubby Randall Kaplan's $32 million parking deck for his hotel which stands to profit from Kathy, George and CFGG's Walker Sander's play for the Steven Tanger Performing Arts Center residual leisure stay profits.

A full D City Council and Zack going for a clear win in the next election with Manning's money seems entirely plausible, now that Kathy's in with the national establishment.

Roy Carroll's Rhino endorsed those running for County Commissioner this year, after they voted for about $18 million in tax breaks to enable his $3 million water and sewer payday for the Publix distribution center.

The City is slow to produce the 1,700 plus emails related to former Greensboro mayor Robbie Perkins' involvement in the deck and Publix deals.

Who would have thought?

Can most let most of City Council and executive staff off the hook after Roy Carroll went after the competing deck with John Hammer and the Rhino Times, considering Roy's paper endorses candidates for local office while extorting votes for Carroll's real bottom line?

Maybe if our local sold out or negligent press would have taken the Rhino to task for influencing who wins and loses private profits from local taxpayer paid for deals originally conceived to enrich most of the big campaign supporters on both sides.

But they didn't.  Both the News and Record and the Rhino endorsed Skip Alston, which is a good indication of what underlies the decision making.

Skip, Nancy Vaughan and Sharon Hightower went to see the Publix distribution center Publix probably wants to downsize with more $400 million high tech, robotic enterprises as planned for Eastern Guilford County. 

Either way Roy Carroll walks with $3 million of water sewer good idea or bad with no skin in the game.

The whole gang gets away with Greensboro's taxpayers on the hook for the STPAC plus interest;

As of November 14, 2017, only $20 million of the private donations had been "raised"; If the City of Greensboro's bond council (Robinson Bradshaw) doesn't know how much Walker Sanders of the Community Foundation has actually brought in for the Steven Tanger Performing Arts Center, then who does?


http://greensboroperformingarts.blogspot.com/2018/04/as-of-november-14-2017-only-20-million.html

Greensboro's News and Record has not reported "END CITIZENS UNITED ENDORSES KATHY MANNING IN NC-13" since March 1, 2018, after which she continued to take money from PACs

http://greensboroperformingarts.blogspot.com/2018/04/greensboros-news-and-record-has-not.html

Greensboro's latest slush fund balance the City's employees want a chunk of;


http://greensboroperformingarts.blogspot.com/2018/05/greensboros-latest-slush-fund-balance.html

STPAC VIP Parking Control Fraud Math

http://greensboroperformingarts.blogspot.com/2017/12/stpac-vip-parking-control-fraud-math.html

Downtown Greensboro Parking Deck Math = City Council lied to our community and may have broken a few laws


http://greensboroperformingarts.blogspot.com/2017/12/downtown-greensboro-parking-deck-math.html

For as many times as this information has been posted, 

has there been a single refutation?

On April 18, 2017, Justin Outling seconded and voted to give Brooks Pierce Partner George House Greensboro taxpayer monies while Justin worked at Brooks Pierce

http://www.brookspierce.com/node/221/pdf

April 18, 2017, City Council Meeting Minutes - Final; 31. ID 17-0201 Resolution to Enter into a Downtown Development Agreement with Elm Street Hotel LLC to Design and Build a Public Parking Deck

That the City Manager is authorized to enter into a Memorandum of Understanding (MOU) with Elm Street Hotel, LLC to design not to exceed $2 million and build a public parking deck in the 100 block of South Davie Street.

The investors behind the planned hotel and renovated Elm Street Center 

...are Randall Kaplan, the CEO and chairman of the real-estate website Listingbook

[and] George House, a partner with the Brooks Pierce law firm

who previously represented the city in an aborted attempt to reopen the White Street Landfill

[who works with Justin Outling, who should have recused himself from the vote, and didn't,
violating the City charter, and who should resign]

Jordan Green

Triad City Beat, November 22, 2017

Moved by Councilmember Hoffmann, seconded by Councilmember Outling, to adopt the resolution.

The motion carried on the following roll call vote: Ayes, Nancy Vaughan, Yvonne J. Johnson, Mike Barber, Marikay Abuzuaiter, Jamal T. Fox, Sharon M. Hightower, Nancy Hoffmann, Justin Outling and Tony Wilkins

https://greensboro.legistar.com/Calendar.aspx

https://voteoutling.com/meet-justin-outling/

Bar complaint: Councilman Justin Outling violated conflict of interest rule

A local activist wants the North Carolina State Bar to discipline City Councilman Justin Outling for his role last month in a controversial decision about who should provide health care to city employees.

Former attorney Lewis Pitts says in the complaint that Outling, an attorney with Brooks Pierce, should have recused himself because of a conflict of interest with his firm.

The city’s ethics policy requires council members to abstain from voting on matters in which they have a direct or indirect financial interest in the outcome.

“Think about it: If Outling voted against UnitedHealthcare, as the cogent evidence seemed to mandate, do you think the client ... would have contacted Brooks Pierce and their lobbyists to complain and threaten to take their legal business elsewhere?

“Of course they would have.”

http://www.greensboro.com/news/local_news/bar-complaint-councilman-justin-outling-violated-conflict-of-interest-rule/article_3cae1bd5-b9af-5156-aaaa-d2f227649f86.html

https://greensboro101.com/dirty-pool-outling-advances-the-interest-of-his-firms-client-with-council-contract-vote/

"Councilman Justin Outling violated conflict of interest rule", and should resign. with links

"Any officer, department head or employee who has financial interest, direct or indirect,
in any proposed contract with the city ...or to a contractor supplying the city,
shall make known that interest and shall refrain from voting upon
or otherwise participating in the making of such contract or sale.

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.

Justin Outling should resign

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

http://greensboroperformingarts.blogspot.com/2017/08/councilman-justin-outling-violated.html

Justin Outling Sneers At Voters

From Roch Smith jr at Greensboro101:

"Councilman Justin Outling excused himself from two votes on city contracts, one for Level 3 Communications and the other for United Healthcare. He did so without explaining why he was withdrawing. He kept those reasons secret, a violation of city’s conflict of interest ordinance. Watch what happens when a citizen asks him to rectify that ethics violation by explaining in public the nature of his conflicts."

And so it is, Justin Outling and the incumbent Greensboro City Council continue their pursuit of lawless repression.

Councilman Outling Violated Ethics Laws

From Outling fails to reveal conflicts in violation of state-mandated ethics policy by Roch Smith jr.

"The state-mandated city council ethics policy demands that council members reveal when they have a conflict of interest on a matter that comes before them, that they do so on the public record, describe “all such material facts” and recuse themselves. Failure to do so is “malfeasance in office” and the offender is to “forfeit his office or position.” City council member Justin Outling twice recused himself from council votes at a recent meeting without saying why as is required by the city’s ethics policy. Instead, he used his time to blame his lack of an ethical compass on the city attorney."

Yet another reason to write-in Billy Jones for Mayor of Greensboro.

Justin Outling Took The Bribe

I'm sorry folks but the title really does say it all. Justin Outling took the bribe. From Outling received United Healthcare lobbyist contribution on day he stopped city contract from going to competitor by Roch Smith jr:

Now folks, I want you to remember something: Councilman Outling was not elected to office. Greensboro City Councilman Justin Outling was appointed by Greensboro Mayor Nancy Barakat Vaughan with the support of the Greensboro City Council.

Have no doubt they knew full well the type of person they were appointing to represent the citizens of Greensboro's District 3.

Continue reading Outling received United Healthcare lobbyist contribution on day he stopped city contract from going to competitor for the entire story. 

Rhino Times John Hammer shills for Justin Outling and the rest of Roy Carroll's minions on City Council

"Politics Make Mountain Out of Molehill for Councilmember Outling

No one raised the issue of a potential conflict of interest when City Councilmember Justin Outling made the motion, and then voted in favor of ending the request for proposal (RFP) process for the city health insurance contract at the July 18 City Council meeting.

As the rest of City Council are cowards, 

or they don't understand what a conflict of interest is, 

or are so conflicted themselves they can't bring up another

for fear of retaliation, like Mike Barber and First Tee of the Triad, 

which John Hammer is too much of a crooked journalist to write about

The motion passed on a 6-to-3 vote with Outling voting in favor of his motion to end the RFP process and the City Council moved on.

Those who voted in favor just got a whole lot of votes

from many of the 3,500 United Health employees who live in the City,

and Justin got a pat on the back from United's lobbyists

and earned this year's bonus at work, which will make no mention of any of this

But Beloved Community Center activist and former attorney Lewis Pitts has filed a complaint with the North Carolina Bar Association alleging that Outling had a conflict of interest and should be sanctioned.

Good idea

Isn't Lewis Pitts an attorney, and if so, 

why didn't Roy's boy John Hammer mention it?

Questions have been raised about that vote because Outling is an attorney with Brooks Pierce, which does work for UnitedHealthcare (UHC), one of the two companies that participated in the RFP process.

Which makes his actions a conflict of interest,

but this propaganda is about defending Roy Carroll's financial interests, 

and getting the current bought and paid for City Coucil re-elected,

and not about telling any truths that would interefere 

with the actual purpose of the Rhino Times, 

which is now about advocating for Roy Carroll's financial interests

Outling said last week that he didn't even think it was a close call.

What was he supposed to say?

Outling said that if he was found to have a conflict of interest the city would have to revise its long-standing policy on conflicts of interest, which he said was fine with him as long as the city didn't have "A special Justin Outling policy."

Bullsiht

But Outling said he would follow the advice of City Attorney Tom Carruthers, and if Carruthers said that he had a conflict of interest he would take whatever action was necessary.

The City Manager works at the pleasure of City Council, 

along with the City Attorney, 

so both the Manager and the Attorney work for City Council, 

which conflicts with the best interests of the taxpaying electorate

This week Carruthers issued his opinion on Outling's vote and Carruthers agrees it isn't a close call.
According to Carruthers, Outling was required to vote on the matter because he had no conflict of interest that would allow him to be recused.

It's up to the rest of Council to decide what is or isn't a conflict of interest, 

not the City Attorney, who really represents City Council, 

just as the Police Department Attorney represents the Police Department etc...,

but Hammer doesn't care about the truth, only locking down the votes

for Roy Carroll's finanancial interests, 

which has reaped a $30 million parking deck, the end of Lindsey Street, 

a water line under I-40, infrastructure for his new hotels etc...

...Carruthers, in his memo to the City Council, states that it is a limited opinion on this one vote.  Some of the factors that Carruthers lists are that this was not voting to award a contract but to end an RFP process.

Bullsiht 

Carruthers states, "There is no direct or indirect financial interest in this termination that falls within the law cited above."  The "laws cited above" are the City Charter and state statutes on conflicts of interest, which require either a direct or indirect financial interest.

Mr. Carruthers opinion shouldn't be taken into account, 

as City Council can fire him at will, which means he works for them, 

not the rest of us

He also notes that Outling is not a partner in the Brooks Pierce law firm but an associate of the firm.

"(e1) A member of the board or any other body 

exercising quasi‑judicial functions

...shall not participate in or vote 

on any quasi‑judicial matter in a manner 

that would violate affected persons' constitutional rights 

to an impartial decision maker. 

Impermissible conflicts include, but are not limited to, 

a member having a fixed opinion

prior to hearing the matter that is not susceptible to change, 

undisclosed ex parte communications, a close familial, business, 

or other associational relationship with an affected person, 

or a financial interest in the outcome of the matter. 

If an objection is raised to a member's participation

and that member does not recuse himself or herself, 

the remaining members shall by majority vote rule on the objection.

§ 160A‑388. 

Partners in a law firm share in the profits of the firm; associates are employees who are paid a salary.  As Outling noted, there is no way that the work the law firm does for UHC would affect his salary.

There are several ways, as John Hammer fails to point out, 

like not getting or getting a raise or a new client, a partnership

or a nice bonus this year for example, 

but as John has publicly admitted, he doesn't give a siht anymore about the truth, 

he just want to survive and be comfortable in his later years,

as opposed to being an actual journalist

Carruthers also notes that Brooks Pierce was representing UHC on an entirely unrelated matter and the law firm had no part in the RFP process.

"Any officer, department head or employee who has financial interest, 

direct or indirect,

in any proposed contract with the city 

or in a proposed sale of any land, material, supplies, or services

to the city or to a contractor supplying the city,

shall make known that interest

 and shall refrain from voting upon

or otherwise participating in the making of such contract or sale.

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

...Outling said that the city didn't want to define conflict of interest in way that would make it impossible for someone who worked in the private sector to be a city councilmember.

Mayor and Council:

...What must be considered is if a conflict of interest exists 

either under N.C.G.S. §§160A-75 or 14-234, or the City of Greensboro’s Charter, 

or the City’s Conflict of Interest Policy. 

...Direct or indirect benefits are considered under the City’s conflict of interest policy

and typically involve financial interests for the Councilmember, 

his or her immediate family, their partner, 

or an organization which employs or is about to employ the member, 

family member or partner...

Mujeeb

S. Mujeeb Shah-Khan

CITY ATTORNEY

OFFICE OF THE CITY ATTORNEY

...Outling added ...that evidently they couldn't find anything in his voting record to attack, so they came up with something else.

Nothing John Hammer or the News and Record could go after, 

as any of his taxpayer give away votes would implicate the rest of council,

which Roy, Marty, Randall, Koury and the Melvin's of Greensboro

have spent so much time, money and effort to purchase and control,

and listing events the 'news' organizations didn't cover directly after the fact 

would implicate the Rhino and the News and Record for journalistic negligence

Outling said that as long as all the councilmembers were held to the same standard, he had no problem complying, but he added that simply because someone worked for a nonprofit didn't mean that there were no possible conflicts of interest.

Score a win for Greensboro blogger George Hartzman...

Hartzman vocally questioned whether Mayor Robbie Perkins 

should be voting on an economic incentives payout to a Park View Development, 

the business entity for Center Point 

— for which Perkins serves as a listing agent 

in his role as a commercial real estate broker...

Perkins also happens to live in the building.

Interim City Attorney Jamiah Waterman ruled that Perkins had no conflict of interest.

Three days later Waterman was eating his opinion: 

“Upon further review, 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 LLC.

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 council members vote 

on the amendment to the general fund budget.”

Jordan Green

http://hartzman.blogspot.com/2013/05/greensboro-city-council-follies-re-do.html

Councilmember Mike Barber is recused from voting on anything that has to do with Gillespie Park because he is president of First Tee of the Triad, which has a working agreement with Gillespie Park to use its facilities for First Tee programs.

No mention of how Hartzman made that happen

...When reopening the White Street Landfill to municipal solid waste was an issue, then Councilmember Nancy Vaughan was recused because then City Councilmember Don Vaughan, who was her husband at that time, had a contract with one of the companies that was bidding on the project.


And Zack Matheny, while a city councilmember, was also recused because the company he worked for was doing business with one of the companies that was bidding on a project.  But then City Councilmember Robbie Perkins was not recused despite the fact that his company had contracts with one of the companies involved..."

http://www.myvirtualpaper.com/doc/rhino-times/august-10-2017/2017080901/#9
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Mike Barber needs to recuse himself on Greensboro City Council's vote to replace Zack Matheny; Justin Outling Edition

http://greensboroperformingarts.blogspot.com/2015/06/speaking-of-attorneyclient-related.html

Zack Matheny and Mike Barber need to recuse themselves from the Megasite Water and Sewer vote

http://greensboroperformingarts.blogspot.com/2015/03/zack-matheny-and-mike-barber-need-to.html

Mike Barber's First Tee of the Triad's 2013 IRS Form 990; Mike took a 20% raise, and 21% of First Tee's revenue as income

http://greensboroperformingarts.blogspot.com/2015/02/mike-barbers-first-tee-of-triads-2013.html

Mike Barber admitting he misled Greensboro's taxpayers and electorate on the Aquatic Center

http://greensboroperformingarts.blogspot.com/2015/01/mike-barber-admitting-he-misled.html

This looks like why Mike Barber freaked out about naming salaries of non profits doing business with Greensboro.

http://hartzman.blogspot.com/2014/05/this-looks-like-why-mike-barber-freaked.html

From Mike Barber's City Council Economic Interest Disclosure signed on February 24, 2014

http://hartzman.blogspot.com/2014/04/from-mike-barbers-city-council-economic.html

Arthur Winstead Jr., Treasurer for Mike Barber's City Council Campaign, appears to have given $250 and didn't get paid, but charged First Tee a relatively higher $15,000

http://hartzman.blogspot.com/2014/04/arthur-winstead-jr-treasurer-for-mike.html

"Wyndham Worldwide donates $100,000 to [Mike Barber's] Bryan Foundation subsidized First Tee [of the Triad, whose Board Member is Mark Brazil]"

http://greensboroperformingarts.blogspot.com/2015/04/wyndham-worldwide-donates-100000-to.html

I just received a phone call from City of Greensboro Councilman Mike Barber on First Tee of the Triad

http://hartzman.blogspot.com/2014/05/i-just-received-phone-call-from-city-of.html

It's been 55 days since the News and Record didn't report Marty Kotis getting $600,000 from Greensboro's taxpayers to design a bike path inside a consent agenda

http://greensboroperformingarts.blogspot.com/2016/12/its-been-49-days-since-news-and-record.html

"Key downtown property owners [who have received a great deal of Greensboro taxpayer money] back DGI for contract" [for their lobbyist, Zack Matheny]

http://greensboroperformingarts.blogspot.com/2016/05/key-downtown-property-owners-who-have.html

Marty Kotis' Tony Wilkins contribution before Tony voted to give Marty a $3 million building for $900,000

http://greensboroperformingarts.blogspot.com/2016/02/marty-kotis-tony-wilkins-contribution.html

ITG's Neil Koonce, whose Cone Mills gets free methane from the White Street Landfill for Wilbur Ross, second found contribution; MariKay AbuZuaiter

http://greensboroperformingarts.blogspot.com/2016/02/itgs-neil-koonce-whose-cone-mills-gets.html

Why should a community in stagnation subsidize Marty Kotis, who, according to Roy Carroll's Rhino Times, is worth more than $100,000,000, whose new projects take business away from the less connected?

http://greensboroperformingarts.blogspot.com/2016/01/why-should-community-in-stagnation.html

Proof how corrupt Greensboro's local press is, along with Greensboro's elected leadership

http://greensboroperformingarts.blogspot.com/2015/12/proof-how-corrupt-greensboros-local.html

Nancy and Don Vaughan Political Graft?; Don's payments from ITG while Nancy served on the Solid Waste Committee

http://greensboroperformingarts.blogspot.com/2015/12/nancy-and-don-vaughan-political-graft.html

"Our city has never shied away from difficult discussions" Greensboro Mayor Nancy Vaughan

http://greensboroperformingarts.blogspot.com/2015/11/our-city-has-never-shied-away-from.html

Nancy Vaughan (D) Pre Election Campaign Finance Report; (R) Marty Kotis - $1,000 and Roy Carroll

http://greensboroperformingarts.blogspot.com/2015/11/nancy-vaughan-d-pre-election-campaign.html

Marty Kotis angling for more city of Greensboro money, using taxpayer funded Zack Matheny as his lobbyist; "City might help"

http://greensboroperformingarts.blogspot.com/2015/10/marty-kotis-angling-for-more-city-of.html

AMEX, Robbie Perkins and Roy Carroll Stealing from Greensboro's Taxpayers?

http://hartzman.blogspot.com/2012/08/amex-robbie-perkins-and-roy-carroll.html

Here's Robbie trying to get some incentives for his friends right before he left office;

http://hartzman.blogspot.com/2013/11/todays-letter-to-editor-hotel-decision.html

"Hotel decision should wait for new council"

http://hartzman.blogspot.com/2013/11/todays-letter-to-editor-hotel-decision.html

Ethical Responsibilities of the Governing Body of the City of Greensboro

http://hartzman.blogspot.com/2013/04/ethical-responsibilities-of-governing.html

Let's not forget about Zack, Roy and the Curfew: How much more could Roy and friends make, if they use the government to eliminate their downtown competition?

http://hartzman.blogspot.com/2012/03/lets-not-forget-about-zack-roy-and.html

Zack Matheny on Incentives

http://hartzman.blogspot.com/2012/03/zack-matheny-on-incentives.html

What other properties did AMEX look at other than Roy's and Richard's?

http://hartzman.blogspot.com/2012/03/what-other-properties-did-amex-look-at.html

A democracy will continue to exist

up until the time that voters discover

that they can vote themselves generous gifts from the public treasury

From that moment on

the majority always votes for the candidates

who promise the most benefits…

with the result that every democracy

will finally collapse due to loose fiscal policy…

…nations always progressed through the following sequence

From bondage to spiritual faith

from spiritual faith to great courage

from courage to liberty, from liberty to abundance

from abundance to complacency

from complacency to apathy

from apathy to dependence

from dependence back into bondage

Unknown