Monthly Archives: October 2014

ANSWERING A FEW QUESTIONS

Over the past ten months MATTHEWS WATCH has been asked many questions concerning some of the postings.  So, for October I thought I would answer some of them as best as I can.

**IF YOU ARE NEW TO MATTHEWS WATCH TO BETTER UNDERSTAND THE QUESTIONS YOU MAY WANT TO READ THE POSTING FOR EACH STORY.  BEFORE EACH SET OF QUESTIONS THE MONTH WILL BE LISTED SO THAT YOU WILL KNOW WHERE TO FIND THE STORY IN ARCHIVES. 

JUNE/JULY POSTING ON THE ISSUE OF – TOWN OF MATTHEWS v. WRIGHT HOW WOULD YOU FEEL IF YOUR PROPERTY WAS BEING CONDEMNED FOR THE WELL CONNECTED?

1. Why does Mathews continue to appeal the rulings?  I do not know why Matthews has constantly appealed the rulings.  This is a question I have asked myself and continue to wonder why.  With the decision of March 11, 2014 ruling the town as being “arbitrary and capricious” and the town cannot condemn property for the “well connected” the Mayor and Commissioners went into closed session and decided to appeal.  I do not know who supported the vote but in time this will become available to the public.    

2.  How do you get documentation?   All the documentation is public record.  This is available from the Court House and Register of Deeds in Charlotte and the Town of Matthews.

3. Have the Wrights received any settlement for the amount they have spent?  No, the Wrights have paid 100% while we the residents of Matthews continue to incur this cost by pursuing this issue.  In June the Mayor and Commissioners approved a $15,000.00 legal fee increase in the Town Budget.

Legal Fee Increase 

4. Why did the Town Attorney not want Mrs. Wright to enter the Town Hall?  Can he do this?  In my opinion I think he did not want Mrs. Wright to file a complaint.  Even though the Town Hall is owned by the residents of Matthews you can be asked to leave if you are being disruptive within the Town Hall, in Mrs. Wrights case she was escorted out as soon as she entered.

Police Chief Ronnie Morris Affidavit 

5. When will this go back to court?  This can take another year or two.

6. Why did the neighbors go to the Town and not the Wrights to discuss an easement?  I do not know.  Maybe this could have all be avoided if an easement had been discussed with the Wrights or the town holding the grantors of the Davenmor Development accountable for breaking subdivision laws of Mecklenburg County and North Carolina.    

7. Please explain the letter from Mr. Buckley to the Morris’s.  This letter was sent to all neighbors along Home Place except the Wrights.  In this letter Town Attorney Mr. Charles Buckley is informing the Morris’s of the recent decision by the court.  Our town attorney has a contract with the town not the neighbors of Home Place.  In paragraph three he is offering help to the neighbors and excluding the Wrights.  According to the U.S. Constitution and State Constitution we all have the right to equal protection.  Here the Wrights are being excluded and this is called Exclusive Emolument.  In my opinion their rights have been violated.  

June 27, 2006 letter to Morris from Buckley-COA litigation still pending

North Carolina State Constitution

U.S. CONSTITUTION – AMENDMENT V 

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

U.S. CONSTITUTION – AMENDMENT XIV – SECTION 1.

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.  No state shall make or enforce any laws which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws.

8. Why did Matthews condemn the Wrights property?  Matthews stated the condemnation for the Wrights property was for “the public purpose is for the opening, widening, extending or improving roads, streets, alleys, and sidewalks”  but there are no plans by the Town of Matthews for the opening, widening, extending or improving roads, streets, alleys, and sidewalks as stated by Town Manager Hazen Blodgett in his deposition.

Hazen Blodgett Deposition pages 14-17

9. Can emails be sent through personal account? Yes, but whenever town issues are being discussed they cannot be withheld for privacy.  They are public record.

Email Taylor personal email account

**Concerning the Town of Matthews v.Wright there is still more documentation to come.**

APRIL POSTING ON THE ISSUE OF – IN MEMORY OF MR. NEUBERT PURSER – ONE YEAR LATER

1. How did you get the documentation?  I requested copy of Public Records from the Town of Matthews and went to the Court House and Register of Deeds in Charlotte. 

2. How did you get a copy of the Memorandum Settlement?  I first requested from the Town of Matthews but when I received the copy it was incomplete.  I then requested complete copy and was told by Matthews that was copy of what was on file with the town.  The problem here is that Municipalities are required to keep complete and accurate records.  I then notified the law firm that held the mediation and received complete copy from them. 

Memorandum of Settlement Incomplete Copy from Matthews

Memorandum of Settlement Complete Copy

3. What does MATTHEWS WATCH want concerning the new park?  MATTHEWS WATCH is hoping that Matthews will honor the naming rights as promised to Mr. Purser and hold to the agreement of a 72 acre park.   

4. Why is the Town not going to name the park after Mr. Purser?  It is not certain if Matthews will be naming the park after Mr. Purser.  In a statement made by Mayor Taylor it questions if the town will be honoring the naming rights agreement.   The park has always been referred to as Purser Park until Mayor Taylor stated  “February 10, 2014 Mayor Taylor noted that the name of the park has not been established and should not be referenced by anything specific at this time since naming rights have not been committed.”

February 10th Taylor Naming Rights

Purser Closed Session Minutes

5. Why does Matthews deny the condemnation of Mr. Purser’s farm?  I do not know but on March 3, 2005 Mr. Purser was served the letter NOTICE OF CONDEMNATION by the Town of Matthews.

Town of Matthews Condemnation Letter  

MAY POSTING ON THE ISSUE OF – 2014 PLANNING CONFERENCE

1. How did you get copy of the written Planning Conference Minutes?  I requested them from the Town of Matthews and was told I would be given a copy as soon as the minutes were approved by the Town Board.   According to the Municipalities Retention Schedule citizens have the right to copies of drafts and other records that have not been finalized.  What is the Record Retention & Deposition Schedule?  These are the rules for Municipalities. So, if you have ever wondered what Municipalities can and cannot do this may have the answer to your question. 

Record Retention & Disposition Schedule

2. Are they planning to go again to the beach for the 2015 Planning Conference next year?  I am not sure but in June the Mayor and Commissioners approved an increase of $3,500.00 in the Town Budget for the 2015 Planning Conference.

Planning Conference Increase

MAY POSTING ON THE ISSUE OF – TECHNOLOGY ALLOWANCE 

1. What is the Technology Allowance?  The Technology Allowance allows the Mayor and Commissioners to purchase computers, smart phones, I-pads, printers, internet service, office supplies and any other technology related items.  They are allowed to keep all items whether they are reelected or not.

2. How much does the Mayor and Commissioners get for the Technology Allowance?  They are allowed $3,500.00 each per term.  This is a total of $24,500.00 that the residents pay for the Mayor and Commissioners the receive new computers, smart phones, internet service and other technology related items. 

3. What is the total spent to date?  From January 2014 to current a total of $5,500.50 has been approved. On 1-13-2014 $888.33 Commissioner Higdon and $380.00 Commissioner Query.  1-27-2014 $772.18 Commissioner Melton. 3-10-2014 $1,578.98 Commissioner Ross.  4-14-2014 Commissioner Pata, $241.88 Commissioner Melton and $167.56 Commissioner Ross.  6-23-2014 $198.23 Commissioner Melton.