[Durham INC] Council sets vote on 751 South utilities

[Melissa Rooney]

Council sets vote on 751 South utilities
12 hrs ago | 438 views | 0  | 1  |  | 
By Ray Gronberg

gronberg at heraldsun.com; 419-6648

DURHAM – The would-be developers of 751 South should get an answer on Feb. 20 about whether the city will provide water and sewer service to the controversial project, city officials say.

City Attorney Patrick Baker notified the developers’ lawyer, Cal Cunningham, via letter late Thursday that the council in a closed session earlier in the day had directed him to schedule the debate.

The move accorded with Cunningham’s request on Jan. 24 that city officials decide the matter within 30 days.

But there were hints that the council’s ultimate answer might not be to the developers’ liking.

Councilman Mike Woodard on Thursday morning told an opponent of the project, Scott Pearson, that there was a possibility the council would open debate on the request for the purpose of denying it.

“We may have the votes to consider it now and vote no,” Woodard said in an email to Pearson. “We’re going to present that idea today. If we don’t have a fourth vote, we still have a unanimous group preferring to delay.”

That answer pleased Pearson, a critic of development close to reservoirs like Jordan Lake, a manmade lake next to the 751 site. “That is great to hear,” he told Woodard.

Woodard’s mention of delay referred to the council’s previous stance that it wouldn’t decide the utilities question until litigation over a 2010 zoning vote by County Commissioners in favor of the developers has run its course.

Cunningham’s request that the council reconsider came just days after a judge upheld the county’s zoning decision. But opponents of the project have said they’ll take the case to the N.C. Court of Appeals.

Because of that, “we do not consider the … lawsuit to have ‘concluded,’ ” Baker told Cunningham. “Nevertheless, in closed session at today’s City Council work session, I was directed [to] add your client’s utility extension agreement application to their agenda.”

A Feb. 20 debate would be the council’s first at a televised business meeting. Its prior discussions of the issue have occurred in non-televised work sessions.

“If they want an answer, I think we’re prepared to give them an answer,” Mayor Bill Bell said after Baker released the text of his letter to Cunningham. “If they want an answer, that’s going to be their call.”

“I think we’re ready to vote on it,” Woodard added.

Cunningham released a statement from 751 co-developer Alex Mitchell.

“We are grateful that the City Council will take up the utility application,” it quoted Mitchell as saying. “In this difficult economy, the 3,100 jobs that will be created by 751 South will help insure that Durham continues to grow.”

The city political calculus on 751 South has changed somewhat in recent months, thanks to the 2011 election.

New Councilman Steve Schewel replaced former Councilman Farad Ali, who opted against running for another term. 

Ali at times had indicated that he liked the project. Schewel is a known skeptic, and in recent days has been telling people he made it clear during the campaign that he’d be “loathe to support the extension of city services to such a dense development in the watershed.”

Bell last fall also saw off a challenge from County Commissioner Joe Bowser, the project’s most vocal booster among Durham elected officials. 

Bowser didn’t make it out of the October mayoral primary despite receiving massive financial backing from Cree Inc. co-founder and 751 South patron Neal Hunter. Bell received only one relatively small contribution from someone connected to the project.

Another member who, like Ali, at times had signaled interest in seeing 751 South go ahead, Councilman Howard Clement, has been ailing and last attended a council meeting in November. 

The meetings he’s missed have included two of the most important ceremonial items on the council calendar, the Dec. 5 swearing-in of Schewel and Monday’s delivery by Bell of the mayor’s annual State of the City address.

Councilwoman Diane Catotti has been a critic of the project. And Councilman Eugene Brown, a real-estate agent, has voiced disdain for the developers’ complaints about the holding costs they’ve incurred while awaiting governmental approval of their plans.

The council’s remaining member, Councilwoman Cora Cole-McFadden, makes a point of voting with Bell on most issues.

Read more: The Herald-Sun - Council sets vote on 751 South utilities 
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