Friday, October 26, 2007

The State Makes Bluegreen A Very Generous Offer.

The very generous offer for the approximate 692 acres made to Bluegreen by the N.C. Depart. of Environment and Natural Resources, Division of Parks and Recreation has not yet been accepted. We understand the parties are still in discussion.

The offer by the NCDENR was made in a generous manner so that all of the property owners would be able to receive their full Bluegreen/developer price for their property. That means that the state is willing to pay for the land as though the property was rezoned for Bluegreen's Patriot Landing development. Bluegreen also has an opportunity to get out from under this project in a softening housing market.

It appears at this time Bluegreen still thinks that it has a chance to have both the Guilford County Commissioners and the Rockingham County Commissioners approve their rezoning request.

Keep those phone calls, emails and letters coming! We cannot let down our guard!

Bluegreen wants us to ignore: 1. problems with edge of county sprawl, 2. the need for tax payers to build additional school classrooms at every level, 3. the need to widen and add roads at tax payers expense, 4. the need at taxpayers expense to provide an additional fire station and sheriff department, 5. the concerns of drawing significant water from the Haw River when that water is needed downstream, as a back-up reserve for Greensboro's Lake Townsend, also for significant, required and regulated flow for Reidsville's waste water treatment discharge, etc., 6. the problem with nitrogen rich discharge into the Haw River from Bluegreen's proposed community waste water treatment plant on the banks of the Haw, 7. protection of wetlands and wildlife habitat along the Haw River corridor from an invasive development on the banks of the Haw River, 8. most importantly the need to grow and expand the Haw River State Park for the benefit and enjoyment of future generations.

Thursday, October 18, 2007

David Wharton Takes Us to the Haw River

Excellent post over at A Little Urbanity by David Wharton. Thanks David!

David visits some old memories along the Haw River and concludes:

"Wouldn't if be a terrible waste if a place such as this were clearcut for a gated suburb? Don't you think places like this should be preserved for generations to enjoy?"

"I do. That's why I support Citizens for Haw River State Park."

Monday, October 15, 2007

Complete Biz Journal Article

State makes offer to buy contested Haw River land

The Business Journal of the Greater Triad Area - by Justin Catanoso The Business Journal Serving the Greater Triad Area

The ongoing debate over 690 acres of private land in northeast Guilford County -- whether it will become an upscale golf course community or instead more than double the size of the Haw River State Park -- could soon be resolved.

Or not.

Just last week, the state made an offer to Bluegreen Corp., of Boca Raton, Fla., which holds the options on the acreage, to purchase the tract for an amount appraised at commercial value -- even though the land is currently zoned for agriculture.

"The state has made what I consider a very reasonable offer for the entire property," says Lewis Ledford, director of the Parks and Recreation Division of the N.C. Department of Environment and Natural Resources.

Ledford confirmed that the reported amount of $18,000 per acre was "reasonable to assume, and the state can afford to make that kind of offer."

In other words, the deal -- which is being negotiated by the state Property Office -- is worth a total of $12.4 million, or equal to what Bluegreen is believed to have offered to acquire the options to develop a 775-home golf course community on the Haw River.

Jill Lucas, a spokeswoman for the state Department of Administration, which oversees the Property Office, declines to comment, other than to say, "We hope to have a resolution by the end of the month."

If the state's offer were being made directly to the three property owners whose wooded and open land makes up the 690-acre tract, it's likely that the next step would have been scheduling a closing date. For reasons we'll explain later, that opportunity was lost three years ago.

Instead, the ball is squarely in Bluegreen's court. The development firm, through it's attorney Steve Levitas in Raleigh, declined to comment on the ongoing negotiations.

But Bluegreen would seem to have these options:
It can accept the state's offer and then turn around and satisfy the purchase agreement it signed with the property owners earlier this year. Paul Milam, a Guilford County real estate agent, brokered the deal.

(Milam says he has not seen the offer and is concerned that there may be terms or conditions attached to the state offer that might reduce the amount of money the three property owners actually receive; answers to those concerns were not immediately available).

The downside to Bluegreen accepting the state's offer is that it has already invested several hundred thousand dollars in planning for what's being called Patriot's Landing. Bluegreen hopes to make millions in profits on a completed project; accepting the state's offer would leave them breaking even at best, or perhaps even losing some money.

Or Bluegreen can reject the state's offer and try to convince Guilford County commissioners to rezone the property to enable Patriot's Landing to go forward, which appears risky. This high-profile project has yet to draw the public endorsement of even one commissioner, and four commissioners (of the six votes needed) told us last month that they would likely oppose the rezoning.

Meanwhile, commissioners are being inundated with calls, letters and e-mail to reject the rezoning request in a highly organized, well-financed campaign by the Citizens for Haw River State Park.

Apparently rattled by the rising public sentiment against the project with virtually no one speaking in favor of it, Bluegreen recently requested that this month's rezoning hearing be delayed until December.

The deal grows more complicated still for the developer.

If the rezoning fails, Bluegreen could let its purchase options expire, thus enabling the state to deal directly with the three property owners (and locking in its losses). Or it could come up with a different development plan for the property that might be more palatable to the commissioners for rezoning.

Even if the rezoning passes, Bluegreen isn't in the clear. It must still obtain permission from Rockingham County to build a sewage treatment facility there. And there are a variety of state water-quality permits that Bluegreen must obtain because of the impact the project might have on the Haw River, which feeds downstream into Jordan Lake, a major Triangle water source.

If you're wondering where the state would get $12 million to buy parkland in Guilford County, you need to look to the N.C. Parks and Recreation Trust Fund, which was established by the General Assembly in 1994 and is supported by a tax on real estate transfer deeds.

Since its creation, the fund has provided more than $111 million in land acquisition for state parks and state natural areas. The fund is administered by an 11-member board that meets quarterly and authorizes all trust fund projects.

Members are appointed by the governor and leaders of the state House and Senate. Neither Guilford nor Rockingham has an appointee. A $12 million deal would be among the higher prices the state has paid for parkland, but given the state's rising land prices, not unprecedented.

Dropping the ball

It's possible that none of this wrangling or controversy would have been necessary if state officials had been more diplomatic three years ago when first informing property owners in the area that they wanted to purchase their land to expand the new Haw River State Park.

Thaxton Richardson, who has used his 550 acres in the contested parcel for some 40 years to raise beef cattle, says the state got off on the wrong foot with him. The first time Richardson and many other property owners knew of the state's interest in buying their land was when they were invited to a meeting in early 2004 with state officials.

"They laid out what they wanted, and it looked like a done deal," Richardson recalls. "The impression they left was one of arrogance, as if they were entitled to our land. No one ever came to us before that meeting and asked what we would like to do."

Now on guard and not trusting the state's intentions, Richardson told a state official in mid-2004 that his land wasn't for sale. He gave that same answer when contacted a year later. But when he heard the state was seeking to acquire land all around him, he began to reconsider.

"If you asked me 10 years ago when I would make my land available for sale, I would've said 2040," says Richardson, who is 78, and whose mother lived to be 107. "I planned to live out my old age there."

But with the state's interest in his land, and all the other residential development nearby, Richardson realized he didn't have the luxury of waiting to sell, particularly because his land doesn't have main-road frontage.

In the fall of 2005, Richardson heard from a state official again, and was asked to give permission to have his property appraised. The state cannot make an offer on private land without an appraisal, and it cannot pay more than that amount.

When Richardson learned from the official that the state had paid about $8,000 per acre to buy 300 acres to establish the Haw River State Park, he responded: "That's not going to get my property." The official promised to call back in about a week.

"It was four or five months before I got another call, but in that time I decided I needed to do something else," Richardson says, noting that he and two other property owners signed with Paul Milam to broker their property for development as a single parcel.

"As far as I am concerned, the state dropped the ball," Richardson says.

Other nearby property owners, even some eager to see their land go for parkland, complain of difficulties and delays in dealing with state officials -- all of which leads them to suspect that the state is angling to pay them less than their land is worth.

Lewis Ledford, with the state parks and rec department, responds: "I know we have been trying to get permission to appraise the land since 2004. When you look back, you can see that we could have done a better job of it. I do regret if Mr. Richardson feels as if he was treated badly.

"I do believe that Mr. Richardson retains the right to determine when, how and if to sell his land. I don't believe we have put any pressure on him, and I know it's important to have good relations with key sellers. We have tried to handle this honestly, but if you look back, there are things we could have done better."

Three years after the fact, the state may have the opportunity to make it up to Richardson and the other property owners involved. It all depends on what Bluegreen decides.

Reach Justin Catanoso at (336) 370-2896 or jcatanoso@bizjournals.com. His business reports can he heard Fridays on WFMY-News 2 at 6:35 a.m. and WFDD-88.5 FM at 7:35 a.m. and 5:30 p.m.

All contents of this site © American City Business Journals Inc. All rights reserved.

Friday, October 12, 2007

State Makes Offer to Buy Contested Land

The Business Journal of the Greater Triad Area - by Justin Catanoso

"The ongoing debate over 690 acres of private land in northeast Guilford County -- whether it will become an upscale golf course community or instead more than double the size of the Haw River State Park -- could soon be resolved.

Or not.

Just last week, the state made an offer to Bluegreen Corp., of Boca Raton, Fla., which holds the options on the acreage, to purchase the tract for an amount appraised at commercial value -- even though the land is currently zoned for agriculture.

"The state has made what I consider a very reasonable offer for the entire property," says Lewis Ledford, director of the Parks and Recreation Division of the N.C. Department of Environment and Natural Resources."

Currently the complete article is behind the pay wall at The Biz Journal .
_________________


With the State making this offer all the property owners will receive their full property compensation even if the rezoning is turned down, which at the moment appears likely. This can then be a true win/win for the Haw River State Park, protection of the Haw River corridor and the property owners. Even Bluegreen can get some points for being a good citizen and listening to the residents of Guilford and Rockingham County. Other key land is certainly available for their Patriot's Landing project.

Thursday, October 11, 2007

We Have A State Park -- Sort Of

Driving north on Church St., just after crossing NC 150, one crosses a broad expanse of flat, wet land and a small bridge. This is the Haw River and its wetland flood-plain. Not a rushing white-water stream here in its headwater reaches, but rich in flora and fauna. Deer, turkey, bobcat, and fox are common. Even an occasional black bear has been seen. And the westernmost breeding pair of prothonotary warblers have been recorded along the wetlands. A look at aerial photos of the river corridor reveals that large expanses of woodlands still exist. Most Piedmont streams used to be this way, but the Haw is the last vestige of an unspoiled river corridor. This is what sold the NC Division of Parks and Recreation on agreeing to establish the Haw River State Park in 2003. Although about 400 acres have been purchased by the state, including the Summit, the former Episcopal Diocese conference center, land acquisition has been slow and difficult due to development pressure. Indeed, about 700 acres of land next to the Summit is under option to a company from Florida, Bluegreen, which intends to put a gated, golf-course community there. The state has said that it will buy the property at market value, and needs it for Park expansion. The decision by the Guilford County Planning Board to allow the rezoning of the land has been appealed to the County Commissioners, which have now put off hearing the appeal until early December. The proposed development has several environmental concerns, including withdrawing at least 100,000 gallons of water per day from the Haw River to irrigate the golf course; and spraying treated sewage effluent onto the course in later years for irrigation. The development will have only one entrance, onto Church Street, with as many as 8000 cars trips a day using it. The new northern schools (elementary, middle and high) are already at capacity, and so additional schools would be required if this project goes forward. But far beyond these concerns is this simple question. Do we want another exclusive development, or do we want a full-fledged state park?? It is really that simple. Public support for the Park has been surging in the last few weeks. Commissioners Chair Paul Gibson said that he has not gotten as much mail on any other issue in his seven years on the Board. This is what will win the day for OUR STATE PARK. Our County Commissioners must hear from us. All of us. Please help secure the future of the Haw River State Park by communicating with the Commissioners. Their e-mail addresses and phone numbers and lots more information about the issue can be found at the web site: CitizensForHawRiverSP.org . Thank you.

Jack Jezorek

Monday, October 1, 2007

Thank You Mayor Festerman!!

In a letter dated Sept 27th addressed to both Harold Bass, Chairman of the Rockingham County Board of Commissioners and Paul Gibson, Chairman of the Guilford County Board of Commissioners Mayor Festerman said the following (sorry but I could not reproduce a digital version of the original letter):

"Dear Harold: (or Dear Chairman Gibson almost identical letter see below)

On behalf of the Reidsville City Council and the City of Reidsville, I want to express our strong opposition to the proposed rezoning of the approximately 700 acres adjacent to the Haw River State Park on the Rockingham County-Guilford County line when it comes before the Rockingham County Commissioners. I'm sure you're very familiar with the issues so I won't take time to repeat those, but let me briefly say that our concerns are twofold.

First of all, as you know, tourism and eco-tourism have been identified as a major growth possibility for Rockingham County as we seek to rebuild our economy after the loss of so many textile and tobacco-related jobs. The Haw River State Park holds a great deal of promise to address this goal, and we have supported its development from the very beginning as I believe the Rockingham County Commissioners do. Anything that negatively impact both the present State Park and the possibility of its expansion cannot be good for Reidsville or Rockingham County.

Secondly, while we do not draw our public drinking water from the Haw River, we do discharge our wastewater into the Haw River at a point southeast of Reidsville. We relocated this discharge point approximately eight years ago out of concern for the ecology in Little Troublesome Creek and as a result of low flow in that stream. Our discharge limits at that point in the Haw River are very tight. Any diminished flow in the Haw River could have a devastating and costly effect on Reidsville's wastewater treatment plant operations. As we understand it, the proposed development could potentially draw 100,000 gallons a day out of the Haw River in order to water their golf course. I'm afraid this would just be the start of it, and it would lead to further withdrawals along the river that could severely affect the City.

We are all vitally concerned about what happens in Rockingham County. As elected officials, we are all concerned about the future of our citizens. I hope that you will take this into consideration and vote "no" on the proposed rezoning when it comes before the Rockingham County Board of Commissioners.

If you have any questions, please don't hesitate to give me a call.

Sincerely,

James K. Festerman
Mayor
City of Reidsville

cc: Tom Robinson, Rockingham County Manager"
_______________

1st paragraph of letter addressed to Chairman Gibson:

"On behalf of the Reidsville City Council and the City of Reidsville, let me express our strong opposition to the proposed rezoning of approximately 700 acres adjacent to the Haw River State Park on the Rockingham County-Guilford County line. I know tht you've received many contacts on both sides of this question, and I'm sure you are very familiar with the issues. I won't take the time to repeat those, but let me say that our concerns are twofold."

paragraph 2 and 3 are almost identical.

paragraph 4:

"We are vitally concerned about what happens in Guilford County as I know you are concerned about what happens in Rockingham County. As officials in neighboring counties, we both know the importance of strong, collaborative friendships as we seek to look after the futures of our citizens. I hope that you will take this into consideration and vote "no" on the proposed rezoning when it comes before you on Oct. 18th.

cc: W. David McNeill Jr., County Manager"