HomeMy WebLinkAboutAgenda - 08-17-1999 - OtherLAW OFFICES
COLEMAN, GLEDHILL & HARGRAVE
A PROFESSIONAL CORPORATION
129 E. TRYON STREET
P. O. DRAWER 1529
HILLSBOROUGH, NORTH CAROLINA 27278
919.732-2196
FAX 919-732-7997
August 13, 1999
Alice M. Gordon, Chair
Margaret W. Brown
Moses Carey, Jr.
Stephen Halkiotis
Barry Jacobs
Orange County Board of Commissioners
Post Office Box 8181
Hillsborough, North Carolina 27278
RE: "Takings" Legislation in Congress
Dear Board Members:
FROM THE DESK OF
GEOFFREY E. GLEDHILL
Enclosed with this letter are two articles from the August
9, 1999 County News related to the continuing assault on local
government land use regulations by the new "federalists" in
Congress. The Board may want to consider a resolution in
opposition toaH.R. and S. 102 be delivered to
Representative Price, Senators Edwards and Helms and President
Clinton.
Very truly yours, -~
COLEMAN, GLEDHILL & HARGRAVE, P.C.
GEG/lsg
Enclosures
xc: John M. Link, Jr.
11
mydocuments/bdofcomtakings.ltr.
2 ..
~o~~~ntji News, August 9,1999'
'Takings' legislation back in Congc'ess
BY 1)IANG S. SIIIiA
ASSOCIATE LEGIS[A77VE DIRECTOR
signatures from members who be-
lievethat local governments are abus-
ing the rights of property owners.
NACo, along with other local gov-
ernmentorganizations,state attorneys
general and environmental organiza-
tions, is strongly opposed to H.R.
2372. The Senate is looking at simi-
lazlegislation in S. 1028, introduced
by Sen. Omn Hatch (R-Utah).
The bills are being pushed again
by developers, represented by the
National Association of Home B ud d-
ers, who object to airing their con-
cerns with local zoning boards and
state courts. Property rights groups
have weighed in again also, com-
plaining about the "administrative
hurdles" that they must overcome.
H.R. 2372 and S. 1028 would
shift the authority over local land use
decisions away from local and state
authorities to [he federal courts. It
would encourage property develop-
ers to intimida[ecounty officials with
the threat of a federal lawsuit.
The bills would also consider a
claim "ripe," or ready for federal
court action if the property owner
obtained a definitive local decision
regarding the extent to whic}I the
property may be used, and the prop-
erty owner was denied at least one
appeal. However, if the prospects
for success aze "futile," the property
owner may omit the appeal.
The bills would also prevent
courts from using their discretion to
"abstain" fromhearing azoning case,
which courts have traditionally ex-
ercised when accepting such a case
would interfere with the state court
proceedings or force them to con-
siderconstitutionalquestions unnec-
essarily. Finally, the bills would,
eliminate the requirement drat aprop-
ertyowner pursue a state court com-
pensation process before filing a
claim in federal court.
Counties and cities were able to
prevent a takings bill from reaching
stain from intee~rvening in local ad-
ministrative prc ~ceedings until all
state and local r~?~lrledies have been
exhausted. '
This system ensu~~es a proper bal-
ance between the fe:decal and state
A bill to give property owners
expedited access to the federal courts
for a regulatory "taking" of their
property was introduced on June 29
by Rep. Charles Canady (R-Fla.),
chairman of the House Judiciary
Committee, identical to the bill that
passed the House in 1997 by a 248-
178 vote, H.R. 2372 would allow
developers to circumvent local zon-
ingappeals mechanisms, bypass state
courts and sue counties for alleged
"takings" in federal court.
The bill has 12 co-sponsors to date
and supporters are quickly gathering
~~~~~~
Deaz Editor,
I wanted to let you know how valuable the recent NACo Confer-
ence was in St. Louis. The workshops I attended were valuable and
the quality of speakers at our General Sessions was outstanding.
I'd like to particularly compliment you on the workshop "Counties
Supporting the Arts." As a society, l believe we have cotne a long way
in recognizing that the arts perform au integral role in our daily lives.
Whether used to improve math and science scores, to help troubled
kids overcome their difficulties, or to help abused women and
children cope and recover from their situations, the arts are central to
who we are.
I also took the field trip to the Guardian Angels building, where
the arts are used in dealing with kids, seniors, deadbeat dads, gang
members and others to improve their lives in many ways. This trip
was the most valuable pazt of the entire conference for me. I can't
express the impact it had on my thinking about what we can do in
our communities in Central.Oresron_ ,
_ :... .-
~~
H.R. 2372 and S. 1028 wbould shift the autr~ority~
over local land use decisions away from Ic:~~cal
and state authorities to the federal courts ~ It
would encourage property developers to ~`'
intimidate county officials with the threat off' a
1
federal lawsuit. ~
the president's desk last yeaz, but governments and protects thf~1-pte-
the"anti-local governmentlanduse" rogative of local elected officials to
atmosphere in Congress makes suc- act in the best interest of the entire
cess less sure this year. community.
Under NACo policy, H.R. 2372 Counties should write, p~ione, fax
and S. 1028 aze contrary to prin- ore-mail(http://congress.n~.dc.us/
ciples of federalism and devolution naco/congdir.html) their r~presen=
-precepts the Congress claims to tatives' and senators' officexs to ex-
support but often fails to practice. press opposition to H.R. 2371 and S.
Federal courts traditionally ab- 1028.
Tax bi II ost oned 'ti I after recess
p p
Contains ~ NACo-sponsored provisions on tax ~xem~t bonds
~ .-.,_ c ~ .... . r .:,{,qt .: "}sr,+.oa.o , r.. ;~c•12'Ff i<~,:\'tto
BY Rnl,ru TAOOR In the past, even five-year bud- BOrid'proVlSlonS
ASS'OCIATELF.'GISUIT/VEDfREC7'OR get projections have been treated The House-Senateconferencebill
The House and Senate were ex- skeptically by many economists would phase in a 50 percent increase
pected to approve along party lines a because of the track records of CBO over five years for state volume caps
compromise $800 billion tax-cut- and OMB. Recently, both agencies on private activity bonds starting
ling bill last week. have had difficulty in correctly fore- Jan... 1, 20o0...Iacr_..P~r_ ~ -- --- -
ThedetailcofrhPl...sor~•.----__._~ ---•
-ivacy % r or tear utey u ue
;ing in the wind?
y by another women's
lowed that 20 percent of
Nho claimed to have been
harassed in Connecticut
rd, 20 percent quit and 30
took sick leave. Most of
continued to labor in the
vironment of harassment.
ring is, it doesn't have to
way.
a case like Robinson's
.o light, it can be a moment
tge. For action. In New
Gov Christie Todd
in responded quickly to
of sexual harassment and
nscrimination by New
state troopers by ordering
from the top down.
:ember, N.C. Central
sity Chancellor Julius
lers Launched an inquiry
nilar charges against his
s police and beefed up edu-
andtrainingforall universi-
zers.
in the private sector, Ford
Co. responded to sexual
~ment suits by establishing
-tolerance policy. Of course,
eved that enlightenment
paying $11.5 million settling
like Robinson's.
I like Ford's answer the
Sexually harass someone
~u're gone.
tly we could say the same
the Department of
ction. The harasser is fired.
ictim stays on, earns promo-
f only, indeed.
Sheehan cnn be reached
8828 or rsheehon@tWndo.com
`when I came
here for
kindergarten,
I was crying.
I didn't want to
go, but when I
entered the class-
room, everything
was wonderful.
That's the reason
I'm here now."
Morgan Poteat
kindergarten reacher
~D J I ~l/11 ~t. ~~b~~~r ~
BY T. KEUNG HUt
STAFF WRITER
RALEIGH
tghteen years ago, Morgan
Poteat was another one of
Ethose scared but brave
children being comforted on
their first day in kindergarten
by a kind and caring teacher.
On Monday, Poteat returned to
that same classroom at Alden
Root Elementary School in North
Raleigh, but now as a 23 year-old
rookie teacher for a new genera-
tion of kindergarten students.
So while more than 100,000
students in Wake and Johnston
counties experienced what offi-
cials described as a normal
school opening, it was anything
but that for Poteat.
"When I came here for kinder-
garten, Iwas crying," Poteat
recalled. "I didn't want to go, but
when I entered the classroom,
everything was wonderful.
STAFF PHOTO BY JUDITH SIYIGLIA
That's the reason I'm here now:"
New teachers. New students.
New schools. They all came
together Monday as public
schools reopened in Wake and
Johnston counties. OfScials in
both systems reported no major
problems.
1n Wake, close to 94,000
students were expected to report
for classes. The county has pro-
jected the enrollment will reach
94,864 students this year.
Johnston schools reported an
opening-day enrollment of
19,327 The total is expected to
SEE SCHOOLS PAGE 78
chool board rebuffs request to move district line
BY SUMATHI REDDY
STAFF WRITER
HILLSBOROUGH -Orange County school
board members Monday night all but shot
down a petition to change the city-county
boundary to allow the students in a new sub-
division to attend the Chapel Hill-Carrboro
City schools.
One school board member called the peti-
tion "a slap in the face"
Although the petition was only up for dis-
cussion, the board members' comments
assured developers Tom Heffner and Rolf
Sass that their petition was all but dead.
The 140-acre Creek Wood subdivision is
east of N.C. 86, west of 1ltrkey Farm Road,
north of Whitfield Road, and south of Mount
Sinai Road. The developers are requesting
that the board restore what they say is the
county's correct boundary.
By moving the boundary farther north, ail
64 houses in Creek Wood would fall in the
Chapel Hill-Carrboro district and would be
required to pay the city system's supple-
mental education tax.
The current boundary splits the subdivi-
sion. Moving the boundary also would aft'ect
the tax bills of 17 property owners currently
SEE DISTRICTS PAGE 7B
fill: l.WJ1~~U~
order a similar
side a gun shl
effort, which in
Gc until Mond
three people.
The Wake s1
undercover bt
sheriff's dep~
February an
against 11 per
Those awes
were charged
checking for i
law, are requir
said. The per
in the county
Purchasin€
selling to som
mil is a misdc
imum senten
On Sunday
paid $450 to
which were
weapons incl
mm handgur
a .40-caliber:
laser guide.
Some of tl
lion, but not
mils, Rowe :
"If a seller
to be dealt
said. "This c
for some incl
a permit bey
and can't ub
Complete
not availabl
The Uixie
did not retut
r ~ ,.
Michelle Prouls, right, shouts to fellow Apex High School
seniors. Her group has been together since middle school.
Emily Breuer instructs her fifth-grade Gloss at Aldert Root
Elementary School, which Breuer attended as a child.
STAFF PHOTO BY R08ERT MILLER
SCHOOLS
CIIF~TiNlll U i RU,.1 PAGE ) B
•~•rd ~~n,ooo atudcnts by.lune.
-nc• nl It~~u nc~~• ~chcxlh in
ut,tut,. Itc~nson I•:Ic•n-cnla-y
uu~l, opl•ncd as schcdulc•d. '1'hc
rr; ('Ievt~land Niddlc Schcx-l, trill
be r•Lrady until alter Latwr I)ay
n Wake, 25 ne~~; conver•led ur
u,valed schools opE~ned fnr•
,srs as the s~•stE•m tries to
~p up with a ralsidh' groa•in);
lent pcspulation. 'Chic doesn't
ode Cardinal Gibbons High
sot, which the Roman Catholic
cese of Raleigh relocated to
ver accommodations.
l br ~snd-new Rudy Cheek
nu•nt<uy School in Cary, the
ding; is alr•Lrady over its capacity
t8 students. With an cnrollrnent
ccled al 750, thr•ec trailers -
•d °cottages" by Principal
c t~~•azier -were installed
r before classes began.
'his is an area with a great
of growth," Frazier said. "It
to plan ahead."
n Baleiko of Raleigh was one
any parents who spent
day doing last-minute regis-
ons of their children. He reg-
~ed his son, Mike, at Dillard
ile School and his daughter,
ica, at Reedy Creek.
was just busy getting other
:•s in order," he explained.
er at Apex High School and
Jerson High School at Wake-
both senior classes of 2000
a breakfast before driving in
•avan to their respective
ruses.
eking horns and shouting stu-
in festively adorned vehicles,
v a police esccii•k. m:uic~ 1hc•
until 6 a.m Monday. But Shelton
said other buses were quickly
fcsEtnd to replace them on the
morning run.
Ilut it's in the classrooms where
the students will ultimately
succeed, and they're in the hands
of teachers such as Poteat.
Poteat still works off the lessons
she learned back in 1981 when
stte was entrusted to
kindL~rkarten teacher Donna Dow
Over• the t•cars, Poteat
dc~~eloped cline relationships
with Dow and other Boot
teachers lltat lasted long after sltc
left the school. All through middle
school, high school and college,
Poteat regularly returned to Root
to say hello.
"I have a special connection to
Root," Poteat said. "I don't know
why anyone would want to leave."
After she graduated from
Broughton High School in 1994,
she invited five of her former
teachers to a celebratory dinner.
"She would be the type who
would always remember her teach-
ers," said her third-grade teacher
and now colleague, Linda Jones.
"School was important to her."
During Poteat's visit last fall on
the school's annual Rootin' Tootin'
Night, Dow told her she would be
retiring in June.
This news motivated Poteat,
then going for a master's degree
at UNC-Chapel Hill, to apply at
Root. She received an early con-
tract from Wake in January and
got her master's, but didn't find
out she was getting Dow's
position until July 24.
"When CPrincipal Chip Mack]
told me, I did a cartwheel across
the Floor," Poteat said. "I was so
at the costs of development t'or the
city."
Representatives of the develop-
ers of the three projects awaiting
approval said they, too, could live
with the moratorium.
Council members Brenda Bur-
nette and Cynthia Brown voted
~• ''= DISTRICT
'~ CONTINUED FROM PAGE l B
included in the county system.
Board members Monday night
agreed that the boundary was not
the issue. The issue, they said, ~~•as
the suggestion that their southern
sibWtg -Chapel Hill-Car•r•boro - is
abetter school system.
And board tnembers begged to
differ.
"I don't think we ought to sell
short our county by talking about a
line rather than what this is really
about," board member Rick
Kennedy said. "Our entire school
system is at stake. What if we
change this, what does this say to
our teachers and students?"
"Take a leap of faith," he urged
the developers. "Believe in the
Orange County school system."
Several months ago, the devel-
~.i I,,u,:u,~.,..u uJ ,i :,l„~. ,,,~..,,~., l,,,u,
for the corridor by Uurhant city-
countyplanners. But it's not likely
those studies will be completed by
the moratorium's end.
The county commissioners
approved the original moratorium
proposal by a 5-0 vote July 12. But
they had little risk with their vote,
opers came to the school board
requesting a shift of the boundary to
allow all of the children in the sub-
division to attend the same school
system.
Afterextensive research, howev-
er, they came back Monday night,
contending that the current bound-
ary is in fact wrong.
The petition ar};ues that a school
district line approved in a public
vote in 1951 was never recorded by
the county. That's the boundary the
developers now want to restore.
To prevail, the petitioners need
support from a majority of the
affected property-owners and
approval from, first, the Orange
County school board, and then, the
Chapel Hill-Carrboro City school
board.
Mike Parker, attorney for Orange
County schools, advised board
members that the current bound-
ary would prevail if challenged in
.1,,.,,. ,.,, ,~,~ .. .. ............. .
"We have to t;et Lo a point where
we're planning intelligently and cre-
atively ... landl not at a pace that
outstrips the available infrastruc-
ture," he said.
Dan Kane wn he ruched
of 956.2412 0- dkane@nondo.com
court. "My opinion is that the school
boundary is where it is," Parker
said.
Board members lined up ri f;ht
behind that statement.
"!f it ain't broken, don't fix it,"
board member Bob Bateman said.
'~1s far as we're concerned, it airi l
broke."
Changing; the line, board member
Brenda Stephens said, "would
indeed be a slap in the face to the
people in this district."
With that, the developers, who
described themselves as "baffled,"
walked out of the meeting, admit-
tingthat the petition had no chance
of passing.
And the school board members
moved on to their next topic: scores
on the end-of-year tests, the best
ever posted by the county school
system, they proudly noted.
Sumathi Reddy can he reached
at 932-2004 or sreddtr@nando.com
To: ORANGE COUNTY cozvnvusslONERs
FRAM: POPLR-PEOPLE OPPOSED TO POL~,UTING THE LITTLE RIVER
PLEASE COrTSIDER STOPPINCr THIS LANDFILL # 8 PROJECT!
IT IS NOT NEEDED, THERE ARE OTHER ALTERNATIVES. LET THE
CITIZENS HELP! !
• POSSIBLE POLLUTION TO LOCAL WELLS AND THE LITTLE.RIVER --
HOW WOULD WE CORRECT THIS? WHO- WOULD PAY' FOR WATER DINE
FROM HII,LSBOROUGH OR DL:1~~I~iAM?
• .CITIZENS IN THE AREA DO NOT WANT IT TO RUIN THE QUALITY OF LIFE
WITH E~:TRA TRAFFIC,. PLI:rMMETING LAND VALUES, GENERALLY
DISMISSING A GOOD QUALITY OF LIFE.
• APPRO~S:IMATELY $100,000 HAS BEEN SPENT FOR A LANDFILL TtJ
PRODUCE RE~~?NUE FOR THE COUNTY. ARE THER_ E NOT ANY
ALTERNATIVES?
• WE HAVE APPROXIMATELY 1500 TO 2.000 NAMES ON A "LIGHT"
PETITION IN THE AREA THAT BECxS Y(~t j N(~T TO LET THIS PROJECT GO
THROUGH.
• POLLUTION,POLi.UTION,IrNVIOPIVMENT,ENVIORI~IMENT. PLEASE i-~ELP
US PROTECT OUR CO1~~~UNiTY AS TIDE GUARDIANS OF {jUR CITIZEl~S
ETJVllZONMENT, YOU HAVE PROVEN THI5 WITH REGENT PURCHASE OF
APPROXIMATELY 6$ ACRES FROM DUDE AS A WATERSHED FOR. THE
ENO RIVER NEAR HIL.LSBOROUGI-I.
• THANK YOU FOR HEARING OUR CONCERNS.
DATB (MM/DD/YYI
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HAYWOOD S IMPSON INS AGCY INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EX'CENDOR
1105 S CHURCH STREET ALTER THE COVERAGE AFFORDED BY TETE POLICIESSELOW.
P O BOX 2 0 3 8 ~ COMPANIES AFFORDING COVERAGE
BURLINGTON NC 27216 . ~A,,IY
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DBA FAIRVIEW EAGLES CLUB ~,I,r,r
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520 HARPER STREET
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