[Durham INC] June minutes
Pat Carstensen
pats1717 at hotmail.com
Thu Jun 17 09:03:07 EDT 2010
Please let me know about any additions or changes. Regards, pat
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June Delegate Meeting
First Presbyterian Church
June 15, 2010
Attending the meeting
were:
Delegates and Alternates
Cleveland Holloway – Jennifer Deer
Colonial Village – Connie Hurt
Cross Counties – Pat Carstensen
Duke Park – Bill Anderson
Falconbridge – Rosemarie Kitchin
Fairfield – Melissa Rooney
Morehead Hills – Christina Fish and Kacie Martin
Old Farm – Fred Foster
Old West Durham – John Schelp
Olive Branch Road – Scott Pearson and Tina Motley-Pearson
Parkwood – Mike Brooks
Watts Hospital Hillandale – Tom Miller
Woodcroft – Dan Ryan
Tom Miller opened the meeting. Delegates introduced themselves.
Bill moved that we approve the minutes. Rosemarie seconded the motion, and it
passed by voice vote.
Tom reported that he spoke at the budget hearing on our
resolutions on liens and on a penny for housing, as well as our objections to
fees for planning matters (appealing a decision by the planning director, for
example) that are higher than those for filing a case in federal court.
On the 751 Assemblage, the developers have asked for more
time (having previously done everything they could to hustle things along) now
that they are facing a protest petition.
They basically threatened to sue if the opponents got more than a month
of delay, but managed to get more than a month of delay, until July 26, when
they want one. The whole process
(for example, do we need to sign up to speak when the commissioners open the
hearing on July 14 and then continue it until later?) is ambiguous.
Bill accepted Pat’s amendment:
WHEREAS a key
role of the InterNeighborhood Council of Durham is to work for fair and open
processes; and
The resolution (see below) was passed by voice vote. John suggests sending it, in the body
of the e-mail, to neighborhood list-serves.
Neighborhood reports:
·
We need to keep pushing on billboards.
·
Burch Avenue park renovation was fantastic.
·
Old West Durham had a very fun Hop, Sip, and
Ride – free bus passes to go downtown, music on the bus, a fantastic bus
driver, and opportunities to visit downtown businesses.
·
The Beaver Pageant was as much fun as
usual. In the process, they got
back the parking lot from use as a storage area.
·
Parkwood is having Independence Day celebration
on July 3, 9-11AM. It’s free, with
lots of kids’ activities and a big parade.
·
Watts Hospital Hillandale will have its
Independence Day celebration on July 4 at 2PM, with 61st year of a
parade, the pledge, flags, and cupcakes.
The meeting was
adjourned.
A
RESOLUTION of the
INTERNEIGHBORHOOD
COUNCIL OF DURHAM
WHEREAS
developers have petitioned the County of Durham to rezone approximately 167
acres in southern Durham County on the shores of Jordan Lake from low density
residential to mixed use allowing for approximately 1300 dwelling units and
nearly 600,000 sq. ft. of non-residential uses; and
WHEREAS certain
Durham residents and neighborhood organizations oppose the proposed rezoning;
and
WHEREAS
the Durham City-County Planning Commission, in fair and open proceedings
at its meeting in April 2010, voted overwhelmingly to recommend denial of the
rezoning following a public hearing and an exhaustive inquiry into the merits
of the matter; and
WHEREAS the
matter was then scheduled for public hearing before the Durham County Board of
County Commissioners on May 24, 2010; and
WHEREAS the
neighborhood opponents of the rezoning made a timely request for a postponement
of the hearing under the provisions of the Unified Development Ordinance
reasonably expecting thereby to delay the matter by at least two weeks; and
WHEREAS the
Board of County Commissioners, interfering in the customary procedures for
rezonings, and to render meaningless the grant of extra time sought by the
neighborhood opponents of the rezoning, rescheduled the hearing on the matter
to June 1, 2010, only eight days later and not even one cycle of the board's
regular scheduled meetings; and
WHEREAS
a resident of Durham County appealed the decision of the Board of County
Commissioners to the Durham Board of Adjustment on the grounds that the Board's
decision was contrary to the letter and spirit of the ordinance and unfair; and
WHEREAS
the Board of County Commissioners then further interfered in the customary
procedures for rezoning by proposing to hold a closed session on the proposed
rezoning on May 24, 2010; and
WHEREAS no
closed session was held because property owners neighboring the subject
property made a timely filing of a protest petition in anticipation of the June
1 hearing and the appeal to the Board of Adjustment was withdrawn; and
WHEREAS
one of the owners signing the petition is the government of a neighborhood
association organized pursuant to a declaration of restrictive covenants and
that even though the signatures of such organizations on protest petitions in
past case have been found acceptable, Durham County government has cast doubt
on the ability of such organizations to execute protest petitions in matters
relating to these developers; and
WHEREAS
the Board of County Commissioners, following communication with the developers'
attorneys, again rescheduled the hearing on the rezoning to June 23, 2010, in
order to give the developers time to overcome the protest petition; and
WHEREAS a key
role of the InterNeighborhood Council of Durham is to work for fair and open
processes; and
WHEREAS, rather
than allowing this rezoning case to follow the customary procedure for such
matters, and without due regard for the recommendation of the Planning
Commission, and without concern for the due process rights and welfare of the
citizens of Durham, the Board of County Commissioners has at every step,
intervened in this matter to twist the process to assist the developers and to
confound the neighborhood opponents, and has thereby considerably undermined
the trust of Durham citizens and neighborhood organizations in the fairness of the
government of Durham County generally and the ordinances governing development
particularly;
NOW THEREFORE, BE IT RESOLVED
that the InterNeighborhood Council of Durham, through its government and its
members, protests the unwarranted and unfair interference of the Board of
County Commissioners in the procedures regulating this rezoning, and further
that the InterNeighborhood Council, its government and its members, call upon
the Board of County Commissioners to deny this rezoning petition in conformity
with the recommendation of the Durham City-County Planning Commission because
to do otherwise would reward the inappropriate and unfair conduct of this
matter at the expense of the trust and welfare of the citizens of Durham; and
BE IT FURTHER RESOLVED that
the InterNeighborhood Council of Durham calls upon the Durham County Government
to treat the protest petition signed by a neighborhood organization in this
matter as valid in the same manner as such petitions have been treated in past
cases.
Adopted
this 15th day of June, 2010
THE
INTERNEIGHBORHOOD COUNCIL OF DURHAM
_________________________________________________________________
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