The state House gave final approval this afternoon to a bill that would require the city of Durham to let Southern Durham Development link its 751 South subdivision onto the city water system.

In February, the City Council voted unanimously to deny the developer's application for a utility connection.

SB 382 won approval 66-50 on its third reading and now goes to the state Senate for its concurrence. Because it is is a rewritten version of a bill the Senate had approved in 2011, it can be confirmed there with a single vote.

Anticipating a quick Senate approval, City Manager Tom Bonfield said the City Council will hold a special meeting on the bill July 5.

Bonfield has declined discussing any action the city might take in response.

House members debated the bill for more than an hour Tuesday before approving its second reading. Today, state Rep. Tim Moore, R-Cleveland, used a legislative procedure to prevent further debate.

Durham Rep. Paul Luebke, who tried unsuccessfully to remove the bill's section affecting Durham during Tuesday's debate, called Moore's move "completely inappropriate" and "reprehensible."

Luebke had said Wednesday morning that he planned to reiterate his argument that "this is a bill on behalf of private interest, this is a private interest that didn't agree with the city council decision."

Blocking debate before the final vote, he said, "is very, very wrong and, members (of the House), I hope it never happens again."

Here's a look at today's local headlines:

751 SOUTH END RUN?: Southern Durham Development has some friends in the legislature. Read Jim Wise's report (reported as it happened yesterday on the Bull's Eye blog) to see how some lawmakers are seeking to extend city water and sewer to the controversial, 1,300-home project near Jordan Lake.

COUSIN REJOINS BOARD: Veteran local pol Phil Cousin will finish out the unexpired term of Joe Bowser. Virginia Bridges says the commissioners wanted someone who could hit the ground running. That's not what Fred Foster says.

And in today's Durham News:

SECOND CHANCE DANCE: (Which leads to this morning's musical aside, which is how one of the first 8 tracks I ever bought was a 1970s Bette Midler album with her fantastic "Do You Wanna Dance?" And yes I'm that old.). Lewis Kendall reports how Durham's Naomi Smith (that's her, left) is giving people with disabilities a gala night to remember this Friday.

ROBBERIES TAKE A DIVE: Finally some good news on the crime front. Armed robberies through the first six months of the year arr down 15 percent. The thing is, no one know why. Read Jim Wise's story on today's fron page.  

We have a special two-part Carl Kenney column coming this weekend. Keep an eye out and stay cool. It's going to be a scorcher.

Thanks for reaidng,

Mark 

The state House voted approval 70-47 this afternoon on the second reading of a bill (link below) requiring cities to provide water and sewer service to any area within their urban growth boundaries.

Durham’s urban growth boundary includes the 751 South site. A third reading of the bill, SB 382, a substitute version of a state Senate act originally pertaining to withholding taxes, could come Wednesday.

If SB 382 passes its third reading, it goes to the state Senate for approval in its new form.

Documents:

A legislative action that would force the city of Durham to let the 751 South development hook onto its water system came in response to an earlier legislative "attempt to kill the project," according to Southern Durham Development President Alex Mitchell.

"This thing got dragged to Raleigh by our opponents," Mitchell said today.

On Monday, the state House Rules Committee approved a rewritten version of Senate Bill 382 that requires cities to provide water and sewer service to any area within its urban growth boundary. The new bill is scheduled to be heard by the full House today.

The bill also delays implementation of a section of the Jordan Lake Rules pertaining to new development. The 751 South site is in the Jordan watershed.

Mitchell said legislators rewrote SB 382 – which originally had to do with withholding taxes – after a provision was added onto another bill that would have barred counties from providing utility service to unincorporated areas within a certain distance of city limits without the city's permission.

In 2011, Durham County approved extending sewer service to 751 South, a 1,300-home mixed-use subdivision on N.C. 751 near the Chatham County line.

That provision drew opposition from Durham County authorities and the N.C. Association of County Commissioners after it was appended to SB 231, "Municipal Incorporation Standards," in the House Government Committee on June 7. It has since been withdrawn.

"That's what started this whole thing, this underhanded thing," Mitchell said. "That's the real deal of what went down."

If SB 382, now titled "Amend Water Supply/Water Quality Laws, is approved in the House, it would go back to the state Senate for approval. Durham Rep. Paul Luebke said Monday he would try to remove the bill's sections affecting Durham when it came to the House floor.
 

By Virginia Bridges

Durham County commissioners appointed former board member Phil Cousin Monday night to fill Joe Bowser’s vacated seat.

Commissioner Chair Michael Page said before the 4-0 vote that from the start, he and others on the board wanted someone who could hit the ground running in the term that expires in December.

Page, who is running for re-election along with three other incumbents, also said commissioners didn’t want to influence the November election. "The consensus of this board is that we would move toward a commissioner that would leave the race totally open in the fall,” he said.

The vote also marks the second time commissioners ignored the Durham County Democratic Party’s recommendation to fill a vacated seat.

The saga of 751 South took a twist through Raleigh today. A House committee approved a provision added onto a Senate bill that would require cities to provide water and sewer service to any area within its urban growth boundary.

In February, the City Council unanimously rejected Southern Durham Development's application for connection to the city system. In 2011, though, the council had expanded the urban growth boundary to include the 167-acre 751 South site, on N.C. 751 near the Chatham County line and Jordan Lake.

The provision was added to Senate Bill 382, "Required Withholding for Nonresidents," and approved in the House rules committee with backing from committee Chairman Tim Moore (R-Cleveland). The committee vote to approve was 15-4, Durham City Councilman Mike Woodard said.

The amended bill goes now to the full House. A vote could come Tuesday.

State Rep. Paul Luebke (D-Durham), a member of the Rules Committee, told Durham city administrators that he will will try to remove the Durham section of SB 382 when it comes to the House floor.

Durham City Manager Tom Bonfield was in Raleigh Monday to oppose the provision. If the House approves it, the provision with the amended bill will have to win approval in the Senate before taking effect, he said.

If it does pass the House, the bill could reach the state Senate by the end of this week, Woodard said.

Along with Bonfield and Luebke, Rules Committee memberJoe Hackney (D-Orange) spoke against the provision, which Hackney called "sneaky and underhanded."

Attorney Cal Cunningham, who successfully defended Southern Durham Development in a lawsuit over a rezoning for 751 South, spoke in favor of the provision making particular references to the Southern Durham Development project.

As planned, 751 South would include up to 1,300 homes and 600,000 square feet of commercial space. Opponents claim it would threaten water quality in already polluted Jordan Lake. 

Durham County Republicans have repeated their call for Democrat Fred Foster (below) to withdraw from his candidacy for the Board of Commissioners, after finding new documentation about Foster's departure from a county job in 1990.

The GOP claimed a decision by the state Personnel Commission, upholding the conclusion that Durham County had just cause to fire Foster, contradicted comments Foster made in response to the Republicans' original statements.

“The facts show,” the Republicans' statement said, “that Mr. Foster, through his bad actions and serial deceptions, lacks the character and integrity to be considered for any public office.”

Foster won a Democratic nomination for the county board in the May primary, and is under consideration to take over the seat of resigned Commissioner Joe Bowser. The remaining commissioners are expected to elect Bowser’s replacement at their Monday meeting.

Foster resigned an administrative position after receiving a letter of dismissal due to his working a second job on county time and sending personal mail at county expense. Last week, he said he still contests the commission's findings, and that he knew of no further state report on the matter

On Thursday, the Durham GOP issued its second statement, along with a statement by the Personnel Commission that it had adopted the earlier findings and concurred that Durham County had proper cause for dismissing Foster.

Here's a look at today's local headlines:

Too late for today's print DN, former Durham firefighter Damon Quick has been released from the hospital. Sheriff's officials say he tried to strangle himself in jail after he was charged with eight robberies in six weeks. Dubbed the Green Golblin for the mask he allegedly wore, Quick is due in court July 5.

SLIP RAMP TO 40: It's called a slip ramp because it would give northbound motorists a slip on traffic as they slide onto I-40 heading toward the Park and Raleigh. Jim Wise reports on the latest plans to unclog one of the Triangle's busiest bottlenecks.  

VEASEY PRESERVE: Don't you wish you had 193 acres you could put into a permanent conservation easement? Jim also has this story, on how the Ellerbe Creek Watershed Association (the Beaver Queen folks) have helped protect a tributary to Falls Lake, the major drinking water source for our neighbors in Wake County.

DUKE CLEAR CUTTING: It's only an acre, but that's enough to start a feud between Duke and one of its neighbors over the clearing for a future sediment pond (two actually) designed to catch and filter runoff from university parking. Monica Chen has our story.  

D.G. Martin asks who will replace Reynolds Price? Kelly Jarrett says tax priorities are misplaced, and we preview this week's happenings in the faith and local arts communities.

We've emptied out our mailbag, so now's a great time to send a letter to editor@newsobserver.com. Tell us what's on your mind, and thanks for reading.

Mark

Here's a look at today's local headlines:

CLOTHING BOXES: If you've been around long enough you remember when the PTA Thrift Shop used to have clothing boxes dotted around town -- and what eyesores they became over time. Summer intern Sarah Mansur took a look at the latest boxes and found not only are some operated by for profit businesses, but they appear to be in violation of local zoning rules. (These boxes, left, are outside the Timberlyne Food Lion.)

JOLT FOR YOUR VOLT: These new electric vehicle charging stations in Orange County are a sweet deal, if you're one of the estmated 40 EV drivers in the area. Not only is the charge free, but so is the parking while you're juicing up. Sarah has that story too. 

CHARTERWOOD REDUX: Too late for today's print edition, you'll find coverage of Monday night's Town Council hearing on Charterwood on our website. This time, Eastwood Lake area residents joined the those opposing the project, or at least asking the town to protect their downtstream lake from silt. Jim Protzman called us out there a few months to see the runoff from Weaver Dairy Road, and you didn't have to look hard: a sea of brown slowing making it was across the surface of the lake. Private property owners shouldn't have to pay for the cost of developmemnt across town.   

We've got our first look at the local valedictorians (thank you, Tammy Grubb), Brett Webb-Mitchell takes a hike, and we empty our letters basket (so now's a great time to tell us what's on your mind. Send a letter to editor@newsobserver.com).

Was listening to "For the Roses" driving into work. I have no idea what "Cold Blue Steel (and Sweet Fire)" is about, but it's one of my  favorite Joni Mitchell songs. And that's today's musical aside. Thanks for reading,

Mark