Conflict of Interest - Summerfield Scoop October 2022

PROMOTE GOOD GOVERNMENT SUMMERFIELD NON-COMPLIANCE WITH CONFLICT OF INTEREST IS A CONCERN

NCGS 160D-109. (B) CONFLICTS OF INTEREST

“APPOINTED BOARDS. – Members of appointed boards shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to this Chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business or other associational relationship.”

(F) FAMILIAL RELATIONSHIP.

For purposes of this section (160D-109 Conflict of Interest) a “close familial relations” means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.

Kathy Rooney, is a Planning Board Member, and one of five important Steering Committee members of the Land Use Plan

The Land Use Plan Steering Committee members, PTRC (Piedmont Triad Research Council) consultants, and town staff, show they are dedicated to David Couch development. In fact, the new Land Use Map has all Couch property (1,000 acres?) labeled PRIMARY with no density, no rules, and no restrictions, and working for municipal water and sewer for that PRIMARY area.

Kathy Rooney owns 26.5 acres in the town core, with a 2020 A.V (Assessed Value) of $460,000, and 2022 A.V $626,700. Sale of the property could easily be higher than A.V. Rooney said at early Land Use Steering Committee that she owns property in the town core, and her investment property is contiguous with David Couch property, and that her vision for Summerfield is her land and the David Couch development, and the rest of the town can be a suburb or something like that. Steering Committee/Land Use Plan meetings are not posted or shared on the town calendar, and no minutes, only a brief agenda. On Zoning Board she pushes for

higher density, two units to the acre with NO open space requirement, and those votes could promote her property investments.

Kathy said no conflict of interest as her investment properties are the same as a $1 million home. She was told that a $1 million home cannot be subdivided, and a personal home is not computed as Conflict of Interest.

Why did the town attorney Robert Hornik, (since Dec 2019) decide there was no Conflict of Interest? Who was he representing?

May 11, 2021. Town attorney Hornik, and town manager Whitaker, requested, and town council approved a “binding document”, a monetary agreement, “Deposit and Reimbursement Agreement for Summerfield Farms Village Concept” for Couch/Blue Ridge Builders to deposit funds to the town to reimburse the town attorney Hornik legal fees! ($20,000 and more…no limit). Sessoms made the motion and second by O’Day and vote unanimous.

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“On March 28, 2022 I attempted to exercise my Constitution Rights to Freedom of Speech for the three minutes that each person was legally to receive at the Public Hearing for Couch Text Amendment. I only wanted to read the Legal opinion from former town attorney Bill Hill that Kathy Rooney had a Conflict of Interest and could not vote, ‘solely based on land ownership.’ Rooney received that legal opinion directly from Bill Hill.

March 28, 2022 Dick Feulner as Planning Chair of the Public Hearing for David Couch Text Amendment, said I was not allowed to read the legal opinion, and to sit down (and shut up) and threatened to call the Sheriff and have me arrested. (Shocking as there was no disruption, just wanting to read the legal truth.)

March 28, 2022 at the Text Amendment hearing at Planning Board Kathy Rooney made the motion in favor of David Couch, with Clark Doggett second, and Yes vote from Trudy Whitacre. It passed 3 -2. (Feulner and Jeff Davis voted no.)

The Doggett families own approximately 1,000 acres in Summerfield and Clark Doggett is on Planning Board. On one occasion he stated he did own property very close to the proposed re-zoning, but his financial interest “would not impact his vote.”

David Couch has filed Text Amendment #3 and will come before the Planning Board and Town Council. The Land Use Plan presentation on September 26, 2022 is promising for Couch. In fact, council and planning had no density, no questions or concerns about 1,000 acre Couch property, now all called PRIMARY. Taxpayers paid $65,000 for the Land Use Plan.

NCGS 160D-109. (A) CONFLICTS OF INTEREST

“GOVERNING BOARD – A governing board member shall not vote on any legislative decision regarding a development regulation adopted pursuant to this Chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A governing board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or associational relationship.”

John Doggett, Summerfield Town Council Member, is the son of Clark Doggett who serves on Planning Board, and his mother Jane Doggett has been active and past chair of Parks, and Trails and Open Space. John Doggett did vote YES for David Couch Text Amendment on April 12, 2022, for much higher density and there was no discussion about Doggett land ownership.

Lynne Williams Devaney, Summerfield Town Council Member and Mayor pro tem, also owns investment property in the town core, and been supportive as town council member/voter for her property and higher density. She voted No April 12, 2022, however, she supported January 2022 engineering contract for commercial municipal water and very high density such as two units to the acre and no required open space.

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