Showing posts tagged “Mike Ruffin”
Samiha Khanna ·
20 Nov 2009, 1:16 PM ·
4 Comments
UPDATE, 2:43 p.m. Planning Director Steve Medlin explained the meaning of the UDO section Lowell Siler referred to yesterday. There have been no significant changes in the facts or circumstances of the area to be rezoned, Medlin said. Changes to the validity of the Jordan Lake protest petition have nothing to do with the area to be rezoned, he said, therefore, commissioners may not apply to rezone the Jordan Lake watershed until 12 months have passed.
ORIGINAL POST: A comment posted to Triangulator this morning raises the issue - do Durham County Commissioners have any option other than to brace themselves for a lawsuit regarding the Jordan Lake protest petition?
We summarized yesterday that County Attorney Lowell Siler appeared to tell County Commissioners repeatedly that only a superior court action could amend the 3-2 vote they took in October to redraw the watershed around Jordan Lake.
But today, re-reading the Unified Development Ordinance that Siler cited, it appears there could be another option—at least in a very general, non-legal lay interpretation (i.e. - we are raising the question and looking for answers). We at the Indy are waiting for an official interpretation.
But yesterday, when Commissioner Ellen Reckhow asked Siler to reiterate what had been discussed at the commissioners’ closed session Thursday morning, he stated he informed commissioners of section 3.5.15 of the UDO.
“When the body has taken action, no action can be taken again until 12 months have passed,” Siler said.
He left out the second part, which is quoted here:
3.5.15 Subsequent Amendments
When the governing body has taken action on a zoning map change, no new application may be filed for a similar zoning map change until at least 12 months have elapsed since the date of the previous action. The Planning Director, or designee, may waive this requirement if the application has been significantly modified or there has been a significant change in the facts or circumstances since the previous request.
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Durham, Durham County, environment, news 751 Assemblage, Durham County Commissioners, Ellen Reckhow, haw river assembly, jordan lake, Lowell Siler, Michael Page, Mike Ruffin, protest petition, Southern Environmental Law Center, Steve Medlin
Samiha Khanna ·
19 Nov 2009, 12:34 PM ·
8 Comments
Durham County Commissioners met in closed session this morning to discuss next steps in the controversy around a debated petition that could have affected commercial and residential development around Jordan Lake.
County Attorney Lowell Siler told commissioners, essentially, that their hands are tied. If anyone wants to question a vote commissioners took last month to move the Jordan Lake watershed, it’s going to have to be an outside party in a lawsuit, he said. Commissioners cannot go back and revisit the vote they now believe they took, even though they have since learned they took the vote under now questionable circumstances.
“The central issue is, a vote has been taken and the only way to amend that is to go to superior court,” Siler told commissioners Thursday morning. “And we’ll defend that action.”
When Siler says the issue is to be resolved in court, he fails to fully explain, said Elaine Chiosso, director of the Haw River Assembly, which filed the petition. It means a small nonprofit group has to sue the county government and city-county planning department, which have broader resources and deeper pockets.
“We’re hoping to meet that challenge, but it’s a big challenge,” Chiosso said. Continue reading »
Durham, Durham County, news 751 Assemblage, Becky Heron, Durham County Commissioners, Elaine Chiosso, haw river assembly, jordan lake, Lowell Siler, Mike Ruffin, protest petition, Southern Durham Development, Southern Environmental Law Center, Steve Medlin
Samiha Khanna ·
18 Nov 2009, 8:44 PM ·
4 Comments
A memo sent from Durham planning Director Steve Medlin to County Manager Mike Ruffin last Friday shows that Medlin changed his initial ruling and has found a debated protest petition regarding Jordan Lake is valid.
The memo (PDF) was requested by the Indy and other media outlets and released Wednesday evening with personnel and other information redacted. It shows that petitioners actually did include the required percentage of signatures, although Medlin initially said the petition did not include enough.
It’s unclear what the next step for either the petitioners or the county is, but the findings will be the hot topic at a special county commissioners meeting tomorrow at 10 a.m. All or most of the discussion will likely occur behind closed doors. A meeting notice by the clerk to the Commissioners cited personnel privacy and a pending lawsuit against the county filed by Southern Durham Development as reasons the session is closed. Continue reading »
Durham, Durham County, news 751 Assemblage, Durham County Commissioners, Durham planning department, haw river assembly, jordan lake, Lowel Siler, Mike Ruffin, protest petition, public records, Southern Durham Development, Southern Environmental Law Center, Steve Medlin
Samiha Khanna ·
17 Nov 2009, 4:58 PM ·
2 Comments
Durham County Attorney Lowell Siler cited four laws today protecting a memo sent Friday from planning Director Steve Medlin to County Manager Mike Ruffin that details the status of a debated protest petition.
Siler responded to a request from the Indy for the document this afternoon, stating that four statutes related to confidential communications by legal counsel to a public board or agency, pending litigation and personnel privacy (specific citations listed on the jump) preclude the memo from being released to the public.
“We want to be open,” Siler said by phone. “We have no desire to withhold any information that can be released, but we have a mandatory responsibility to exercise some privileges by law as it relates to the disclosure of information.”
Siler said his department has been going through the “analysis” presented to Ruffin Friday and that he doesn’t know if any portion of it can be released. He did say that commissioners could vote to release some of the information (see citation on jump).
“It looks like the whole thing is privileged,” Siler said.
County commissioners are scheduled to meet in closed session at 10 a.m. Thursday, and it’s unclear whether they could take any action in open session regarding the memo, or the debated protest petition.
Continue reading »
Durham, Durham County, news 751 Assemblage, Durham County Commissioners, jordan lake, Lowell Siler, Mike Ruffin, protest petition, public records, Southern Durham Development, Steve Medlin
Samiha Khanna ·
16 Nov 2009, 2:02 PM ·
6 Comments
Durham County Commissioner Becky Heron said today that commissioners are scheduled to meet with the planning department and county attorney at 10 a.m. Thursday to hear a report on the status of the Jordan Lake rezoning protest petition.
Heron said the board will discuss the issue in closed session. The Acting Clerk to the Board of Commssioners wasn’t available this afternoon to confirm the meeting, but her assistant did confirm a meeting has been scheduled. Heron said commissioners communicated over the weekend to schedule it.
It’s unclear whether the planning department or county attorney have anything new to add to a Nov. 5 announcement by County Attorney Lowell Siler that the petition was invalid. The Indy has several calls out to public officials, and will update accordingly.
UPDATE, 3:15 p.m. - County Manager Mike Ruffin received a memo late Friday from planning Director Steve Medlin regarding the Jordan Lake protest petition, Ruffin said, but Siler has advised the county that the memo isn’t public because it contains confidential information protected by state law. It’s unclear whether this is relative to a pending lawsuit against the county.
Ruffin also said the County Attorney has advised members of the planning department not to speak about the protest petition, and that he knows of no plans on the part of any county department to publicly outline the county’s findings on the protest petition, but that county commissioners have the power to order the county to make the protest petition findings public after consulting with Siler on any legal ramifications.
Ruffin also said he couldn’t confirm why commissioners are meeting Thursday, just that they’re meeting in a closed session.
Read more about the Jordan Lake protest petition >>
Durham, Durham County, news 751 Assemblage, Becky Heron, Durham County Commissioners, haw river assembly, jordan lake, Lowell Siler, Mike Ruffin, protest petition, Southern Environmental Law Center, Steve Medlin
Samiha Khanna ·
5 Nov 2009, 4:01 PM ·
Comment
The People’s Alliance this morning released a letter it sent (pasted below) to Durham County Commissioners, Durham’s county manager, planning director and county attorney supporting the validity of a protest petition filed earlier this year by two environmental groups looking to preserve development restrictions around Jordan Lake.
The petition, filed by the Southern Environmental Law Center and Haw River Assembly, was ruled invalid one business day before Durham’s County Commissioners voted 3-2 to move the protected area around the water reservoir, which will allow commercial and residential development closer to the lake. Last week, petitioners challenged the Durham planning department and its director, Steve Medlin, to take another look at the petition.
The groups who filed the petition say the county missed two parcels of land that could have affected the outcome of the petition. Medlin said this week that the planning department hadn’t yet ruled on whether those parcels were mistakenly left out, but did say there was a question about the validity of the signatures.
Continue reading »
Durham, Durham County, news 751 Assemblage, Durham County Commissioners, haw river assembly, jordan lake, Lowell Siler, Mike Ruffin, People's Alliance, protest petition, Southern Environmental Law Center, Steve Medlin
Samiha Khanna ·
30 Oct 2009, 3:49 PM ·
2 Comments
Though the Durham planning department hasn’t released any new findings on the Jordan Lake watershed rezoning protest petition, which was contested again this week, County Manager Mike Ruffin confirmed this afternoon that the planning department is sorting through signatures on the petition to ensure they are valid.
But, Ruffin said, the planning department still won’t have any conclusions to share until next week — which may or may not indicate whether Durham’s planning staff made a mistake in ruling on the petition earlier this month.
At this point, Ruffin added, any new findings would have to be decided by a judge. That is the avenue of appeal for the petitions (the Haw River Assembly and Southern Environmental Law Center) and commissioners already voted on the issue, and can’t reopen the issue and vote again, he said.
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Durham, Durham County, news 751 Assemblage, Becky Heron, development, Durham County, Durham County Commissioners, Durham Planning Commission, Durham planning department, haw river assembly, jordan lake, Mike Ruffin, protest petition, Southern Environmental Law Center
Matt Saldaña ·
26 Jun 2009, 12:46 PM ·
1 Comment
Updated: We’ve added additional quotations from Chuck Kitchen at the end of this post, at 12:57 p.m., and at 1:21p.m. added a reference to Southern Durham Development’s initial filing.
After more than 30 years as a law clerk and attorney with Durham and Alamance Counties, Durham County Attorney Chuck Kitchen has announced his retirement, effective November 30, 2009.
The official announcement, on June 22, came just two days before Kitchen was named in a lawsuit against the county, filed by Southern Durham Development, the company seeking to develop 164 acres of land near Jordan Lake into a proposed mega-development known as 751 Assemblage. The suit seeks compensatory damages for the county’s decision, upon Kitchen’s recommendation, to follow state law and subject a map change affecting the property to a public hearing process–and for that decision to be ruled null and void.
In an interview with the Indy, Kitchen said the lawsuit had nothing to do with his decision to retire, which he said he made in consultation with his wife several weeks prior to the suit.
“Them suing actually made it much harder,” he said. “That’s the kind of thing I like to do. But I’d already made the decision before then.”
Southern Durham Development began its civil action against the county on June 12, with a briefing that was expanded into a 40-page lawsuit on June 24.
Instead, Kitchen attributed his retirement to the “shrinking” difference between his annual pay, and the pension that all local government employees in North Carolina are entitled to, depending on years of service. The Indy has requested Kitchen’s salary information from Durham County.
“The difference between what you’re making, and what you’ll be making not working keeps shrinking,” he said. “It’s to the point where, with all the financial issues the county has, and no raises for next year, I looked at it and said it really doesn’t make financially sense anymore.”
In addition to claiming in the lawsuit that Kitchen’s advice had violated their constitutional property rights, Southern Durham Development accused Kitchen of being embroiled in a personal plot to undermine the project. The company has levied this charge in the past.
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Durham, Durham County, business, economy, environment 751 Assemblage, Chuck Kitchen, Durham County Commissioners, jordan lake, Mike Ruffin, Southern Durham Development
Matt Saldaña ·
6 Jan 2009, 11:25 AM ·
Comment
Durham County Manager Mike Ruffin told commissioners Monday night that they faced a $14.25 million budget shortfall, and needed to make an additional $5 million in budget cuts to balance the books. Ruffin’s most significant recommendation was to cut spending on Durham Public Schools by $3 million. He also recommend lowering spending on Durham Technical Community College ($144,136), N.C. Museum of Life & Sciences ($43,370) and the Animal Protection Society ($18,347), NBC-17 reports.
Meanwhile, the Herald-Sun reports (reg. required) that Ruffin, along with General Services Director Michael Turner, recommended that the county proceed with two large construction projects: the proposed human services and courthouse complexes, which carry a combined price tag of more than $240 million.
“This could be one of the best times you see for building costs in a long, long time — for many years,” the paper quoted financial adviser Douglas Carter as telling the board.
Carter argued that the county should buy up low-interest short-term bonds, and later purchase long-term bonds, which currently have exorbitant interest rates.
“The contracting community is hungry for these projects,” the H-S quoted him as saying.
Other local industries–in particular, education and non-profit sectors–may not be so well-fed, following budget decisions at the commissioners’ Jan. 12 meeting.
“‘I have a feeling we’re going to be bombarded’ with pleas to be spared,” The News & Observer quoted Chairman Michael Page as saying.
Durham County Michael Page, Mike Ruffin
Matt Saldaña ·
25 Sep 2008, 2:21 PM ·
Comment
Today, the N&O reports on Durham County’s recent failure to sell $30 million in bonds, and Wake County’s decision to delay the sale of over $450 million in bonds, due to a lack of faith in the credit market. Durham County Manager Mike Ruffin is quoted as saying he plans to split up the sale of $130 million in bonds, which the county is seeking to replace the downtown courthouse with a justice center. The $30 million bond failed to attract a single bid, despite Durham County’s high credit rating. Looking for a silver lining? From the N&O:
On the bright side, when the turmoil on Wall Street eases, banks will look to lend first to institutions with the highest credit ratings.
Durham County, Wake County financial crisis, Mike Ruffin
