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Back-room meeting upsets chairman
by Debra A. Golden, Wake Weekly Staff Writer
Two Rolesville commissioners deny allegations by the town's planning board chairman that they have made deals with a developer.
Commissioners Frank Eagles and Frank Hodge admit they met with Candlegate representatives, but only after the planning board met in February. At the planning board meeting, members recommended to deny Candlegate's request to build a neighborhood off Jonesville Road. Subdivision representatives had requested approval for a special use permit and a map for their development. The two commissioners say the meeting, called by Eagles, was designed to support town staff and clarify the town's position on a number of issues. "We were certainly not violating any Open Meetings laws," Hodge said. The Open Meetings Law governs how and when public bodies may legally meet. While the commissioners did not violate North Carolina Open Meetings Law, they should not have met with developers to discuss matters pertaining to a special use permit, said David Owens, instructor at the Institute of Government in Chapel Hill. Discussions between commissioners and developers "in terms of sitting down and negotiating and gathering information about (such a request) is inappropriate to do," said Owens. Owens specializes in land-use law. Rezoning issues can be discussed before public hearings are held, but decision-making bodies such as the board of commissioners are supposed to base their decisions about special use permits only on evidence given at public hearings, he said. "That protects the rights of all parties involved," Owen said. The public hearing for the Candlegate requests has not yet been held. Unfair alliances? Planning Board Chairman Grady Hester's complaint came after a third submission in as many months of a subdivision map and special use permit from Candlegate representatives. Planning board members have twice voted unanimously to recommend denial of Candlegate's subdivision map and special use permit. The 134-acre parcel Candlegate developers are pursuing is zoned residential planned unit development (R-PUD). Planning board members insist Candlegate's plans don't meet those requirements. R-PUD is a new zoning category in Rolesville, which was adopted just a few years ago. The R-PUD ordinance states that residential planned unit developments are intended to be primarily pedestrian communities which also contain some retail, office and professional, civic and government uses. In Monday night's town board meeting, Rolesville Town Attorney Beth Trahos told commissioners Candlegate representatives were submitting another version of both the special use permit and the subdivision map. That's when Hester stood up and blasted commissioners. He said planning board members feel like developers can just forget about town staff and the planning board as long as they have the commissioners' ears. "Don't worry about the town staff and planning board. Grab a commissioner and your vote will go through anyway," he said. Hester said planning board members disapprove of discussions held and decisions made without the input of the planning board. He also said planning board members have the perception that commitments and arrangements between commissioners and developers are being made even before public hearings are held. Hester added that planning board members did not want to see another request by Candlegate representatives "unless they present what appears to be a PUD" or the town board creates zoning which would accommodate the Candlegate's proposed lot sizes. 'Due process' Hodge disagreed with Hester's opinion of Candlegate's request and said he would like to send the development's plans back to the planning board in a special called meeting. And, he said he'd like planning board members to review Candlegate's changes one last time before the public hearing. The item was placed on the agenda for a special planning board meeting to be held on April 19. The public hearing will be held the following night. Eagles said Tuesday he called the meeting among Candlegate developers, himself, Hodge and the town's planning director only because he thought the proposal wasn't receiving proper consideration from the planning board. Eagles added that planning board members were invited to the meeting, too, but did not show up. "Nobody promised anybody anything," he said.
Last Updated On: April 8, 2004
Copyright 2004 The Wake Weekly