[Durham INC] Durham considering 'Development Agreements': Why isthis a bad idea?

[Tina Motley]

Durham is progressive in many areas.  It is a diverse and interesting place
to live.  Durham has some pretty amazing citizens too.

 

But like all municipalities, Durham has growing pains.  Growth can be a
contentious issue for many reasons.  Durham doesn't allow developments in
its own watersheds of Lake Michie and Little River which makes up 1/5 of
Durham County.  The only place left to develop is the watersheds of Jordan
Lake and Falls Lake.  Durham has the opportunity to be leaders in protection
of these watersheds, but instead, the development community has been very
influential.maximizing their profits at costs to citizens (stormwater fees)
and those downstream (polluted water).

 

I wrote about the development agreements.  I'm not sure what Councilman
Woodard found inaccurate.  Please feel free to correct any inaccuracies you
find.  

 

The General Assembly allowed development agreements in 2005.  The developers
would be allowed to use existing regulations at the time of the agreement,
not newly passed ordinances. 

Durham didn't allow them, but is now considering them.  

 

It has been noted that these agreements would have to abide by state and
federal laws.  Who is going to go through all these agreements and compare
them to the UDO and figure out which rules are based on state and federal
laws and which are based on local laws?  Which rules in the UDO were active
at the time of the agreement?  Can you see what a potential mess that is?
One of the agreements we researched was for 19 years.  Who in the world
would muddle through that?  Is this a nightmare for the planning department?


 

You can't always depend on federal rules.  The Clean Water Act has had no
teeth for a while.  Many municipalities fight rules, even federal rules.
Akron, Ohio had their stormwater and sewer connected and it was dumping in
the Cuyahoga River.  Akron said they couldn't afford to fix their mess. EPA
had to file a law suit against them.  EPA won.

 

Tina Motley-Pearson

 

 

 

From: inc-list-bounces at rtpnet.org [mailto:inc-list-bounces at rtpnet.org] On
Behalf Of Melissa Rooney
Sent: Friday, March 11, 2011 3:12 PM
To: inc-list at durhaminc.org
Cc: durhamenviro at yahoogroups.com
Subject: Re: [Durham INC] Durham considering 'Development Agreements': Why
isthis a bad idea?

 

I absolutely agree with Mike here. Invite gov't officials, development
interests, AND a good environmental attorney, as we all know how easy it is
to miss the loopholes that the development industry, especially K&L Gates,
is all to happy to reveal to us before we can do anything about them.

I am flat out at the moment...I can barely keep up with my part time job,
kids and other obligations (school, nbhd, financial, family, and otherwise).


I was merely sending out the information to anyone and everyone who is
unaware this is even an issue (as I was). I think Jim Wise called me the
"Paul Revere" a few years back, and that's what I was doing here. I am
hoping that orgs like INC, the PA, NE, New Hope and Ellerbe Creek orgs, etc.
will form a committee (or at least have one volunteer) to research this
issue before any gov't decisions are made so that if they feel a resolution
is required, they can act in good time.

Given Durham's track record -- you have to admit, Durham has closed far too
many doors after the first horse (or two) has left the barn and the public
finally gets wind that the door has even been left open -- this certainly
seems like an issue that the public should get in front of. And I don't feel
bad in the least for being wary of anything K&L Gates supports, what with
the business tactics they have used in Durham and throughout the rest of the
country.

Melissa

 

  _____  

From: Mike Woodard <mike at mikewoodard.com>
To: Melissa Rooney <mmr121570 at yahoo.com>; inc-list-bounces at rtpnet.org;
inc-list at durhaminc.org
Cc: durhamenviro at yahoogroups.com
Sent: Fri, March 11, 2011 1:46:44 PM
Subject: Re: [Durham INC] Durham considering 'Development Agreements': Why
isthis a bad idea?

I'm en route to DC, so I can't give a full response. This contains a lot of
inaccurate and misleading information.

Before loading up our email boxes and passing a resolution, invite elected
and appointed officials to an upcoming meeting and learn the facts.

Mike Woodard
City Council

-----Original Message-----
From: Melissa Rooney <mmr121570 at yahoo.com>
Sender: inc-list-bounces at rtpnet.org
Date: Fri, 11 Mar 2011 09:31:18 
To: <inc-list at durhaminc.org>
Cc: <durhamenviro at yahoogroups.com>
Subject: [Durham INC] Durham considering 'Development Agreements': Why is
    this a bad idea?

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