Citizen Will

Here is what I meant to say at this evening’s Council meeting.

Like a lot of my remarks, I find myself editing on the fly, so what I managed to get out in less than 3 minutes wasn’t quite what follows but I believe I made the points I needed.

The simple summary?

We can’t do the Lot #5 (140 West) project and the Library expansion together. Lot #5 hasn’t met its goals, the cost/benefit ratio is decidedly out-of-whack, the necessity quite clearly not there anymore.

Further, the Library expansion project needs to be delayed until taxpayers can bear the total cost. Beyond that, we need to request an extension from the North Carolina Local Government Commission to allow issuing bonds beyond the current deadline so when it is fiscally prudent we can move expeditiously.

Finally, public participation, once again, is barely considered.

Tonight’s remarks:

In 2010 you will be making several key budgetary decisions whose impacts will span the next decade – the Lot #5 (West 140) and Library expansion – two examples.

Lot #5 represents the greatest and riskiest fiscal liability going forward that can be safely dispensed with.

Part of the sales pitch made by some on this Council is we needed this project to kick-start development Downtown.

With Greenbridge nearly built, University Square poised for redevelopment, approval of Grove Park – which will displace the affordable Townhouse Apts. on Hillsborough St. with luxury condos – and other Downtown projects on the way it’s clear that we don’t need that supposed stimulus Lot #5 brings anymore.

It’s time to reconsider this troubled project especially given that:

1) the cost reductions that allowed RAM to lower prices haven’t been significantly passed on to the taxpayer,

2) the number of units pre-sold hasn’t grown in-line with price reductions (33 units pre-sold so far, down from the reported 2008 commitment of 35).

3) the open-ended nature of the cost of the environmental cleanup is still being underplayed,

4) the University at University Square has already put forward a much more sound, interesting and integrative proposal (123 West Franklin) for that stretch of Franklin St. than the expensive – at least to the Chapel Hill taxpayer – Lot #5,

5) still up in the air how we will borrow the money – COPs, TIFs, etc. In any case, however we borrow the $9-10M or more it will limit the Town’s ability to prudently respond in funding core needs,

6) and from what I can see in RAM’s recent missive ( RAM Dec. 22nd, 2009 letter [PDF]) no effort has been made to involve the nearby business and residential community in discussing mitigation of the type of construction-related problems that have plagued Greenbridge or even apprise their future neighbors of current developments (let alone present a coherent and consistent story to the local press).

Three years out and no significant improvement in the proposal. Three extensions to the contract granted by Council. Lot #5 should be shelved now so that the Town can take projects that are more central to its charter.

What does this have to do with the Library?

I want to see the Library expanded but now is not the time.

The memos before you [here] paint a fairly rosy picture of the borrowing in terms of adopting new debt but they don’t do a very good job in putting that increased debt in context of our already astonishing – at least by historical Chapel Hill standards – debt load.

Memo #A, in fact, disingenuously characterizes the increase to homeowners using examples of property valuations well below ($200K) the Chapel Hill baseline.

Look at the chart in Memo #A. The rate of increase in the debt load – that rapidly increasing impact on the Town’s flexibility in borrowing – running our debt right up to the debt ceiling for our AAA bond rating – starts in late 2012 and zooms steeply from there.

Of course, besides adding new debt that and anticipated G.O. additions will account for roughly several cents on the current tax rate while the real kicker is the growth in cost of Library operations – which appears to be even more significant.

Worse, the continued structural instability and weakness of our economy gets short shrift.

Now is not the time to take on a large forward liability.

Making a decision based on these figures tonight will be guaranteeing a tax increase or steep cuts or just ignoring basic obligations two years hence.

Here are my suggestions:

1) Shelve Lot #5. We can have a Library expansion – hopefully starting next year – or we can have Lot #5 – we can’t handle both.

2) The Library borrowing should be delayed until prevailing economic conditions show signs of improvement – strengthened sales tax revenues, stable fund markets which will lend money at a more favorable rate – say less than %100 of the 20 year Treasury bond ratio.

3) Have staff prepare a request to NC Local Government Commission to extend Chapel Hill’s time limit for issuing these bonds so the Council and community have adequate time to plan.

4) Use the established public budget process which kicks off next week [2/3/2010 7:00 PM Council Chambers Townhall) to discuss the Library in light of all our Town's needs – competitive staff wages, affordable housing reserve funds, the growing retirement fund deficit (Unfunded Liabilities: Pay As You Go Not Sustainable) among many others.

Last Fall many of many on Council obligingly participated in a special “emergency” meeting to acquire Dawson Hall for police and other key Town services. That urgent need hasn't gone away – the police department's facility still needs attention - why isn't that part of the rosy projections?

Our citizens deserve a diligent evaluation of the cost of the Library expansion and operations within the context of our total budget and foreseeable needs - not wants.

They also deserve to participate - not just get an agenda item 3 days before a decision is scheduled.

5) Finally, postponing tonight will give you the opportunity to carefully consider this proposal in light of all your priorities, give you time to evaluate the rosy picture drawn by these memos against your own understanding of the economy and think about how to engage the community during this weekend's Council retreat.

In addition, it buys needed time for the public to review the current proposal, attend the budget sessions, ask their questions, get their answers and finally weigh in in a thoughtful manner.

Thank you.

[UPDATE: Council Postpones Consideration]

From tonight’s Council flash report:

Consideration of Proceeding with the Library Expansion Project: The Council considered the project schedule and associated costs for expansion of the Chapel Hill Public Library. The Council delayed action and indicated its desire to discuss the expansion costs in greater detail and in the context of the entire Town budget. The Council stated it wants to know what level of funding Orange County will provide toward Library services.

Orange County provides no capital support toward the Town’s Library expenses; this includes all past and present Library construction costs, debt service for same, equipment or special project costs. County support toward Library operating expenses has remained at $250,000 since 1995 and represents 11 percent of this year’s Library operating budget. About 12,000 of the Library’s patrons live in Orange County outside Chapel Hill limits. The number of materials borrowed by these patrons was 386,000 items last year. This represents approximately 40 percent of the Library’s annual circulation.

Quick note, the Town, this morning, has fixed the links and added the missing Carolina North material.

Obviously well less than 24 hours prior to the “public hearing”. Certainly undercuts claims of transparency and support of public review.

In any case, here is tonight’s agenda with the missing supporting material:

• Staff Memorandum
• Draft Ordinance New University-1 Zoning District
• Draft Ordinance Zoning Atlas
• Draft Ordinance Development Agreement
• Development Agreement (clean copy)
• Development Agreement (with edits)
• Mode Share Senstitivity Analysis
• Carolina North Design Guidelines
• Staff Response on Transit and Traffic
• Planning Board Recommendations
• Applicants Statement of Justification
• Advisory Board Recommendations (Only 3 boards)

Councilmember Jim Ward and Mayor Kevin Foy just floated the idea in tonight’s Carolina North work session of charging all UNC students, in conjunction with the University, a fee for bringing their cars to Chapel Hill.

This Council already floated the idea of charging more for Downtown parking, an idea not only at odds with both the Downtown Parking task force recommendations [PDF] (of which I was a member) but also the Friends of Downtown, a group of Chapel Hill business owners and other concerned citizens who want to improve the Downtown experience for visitors and residents alike.

It is clear that Carolina North will shove roughly $800,000 to $2.4 million costs per year (spiking to much more 6-7 years out) onto Chapel Hill’s citizens’ shoulders, but creating a new fee based on your reason for living here doesn’t make sense.

Though I wished UNC had clinched the ACC championship, tonight’s 89-72 stomping of Michigan State provided a conclusive and satisfying end to UNC’s great 2009 basketball season.

In case you haven’t heard the rumble rolling forth from Downtown, UNC fans are as jubilant as the players.

I’ve had the uncanny luck to have seen the 1982, 1993, 2005 and, now, the 2009 national championship celebrations and this one, at least as of 1:35am, seemed to be one of the best managed – no burning cars, major fires or parking lots full of triaged injured fans. Kudos to Town staff, UNC/Chapel Hill/State and local law enforcement, our fire and rescue personnel (who, I presume, missed most of the game prepping for the turnout) and all the other folks that made this year’s celebration a reasonably safe affair.

Congratulations to Roy Williams, the team and the University for an exciting demonstration of excellence.

As I was reminded recently, some folks can’t tell the difference between thoughtful disputation and just plain, ornery, contradiction. When I take a position contradictory to the established order, I always try to work from a reasoned basis. I also try to find the humor in what is sometimes a tense process.

Man: An argument is a connected series of statements intended to establish a proposition.
Other Man: No it isn’t!
Man: Yes it is! ’tisn’t just contradiction.
Other Man: Look, if I “argue” with you, I must take up a contrary position!
Man: Yes but it isn’t just saying ‘no it isn’t’.
Other Man: Yes it is!
Man: No it isn’t!
Other Man: Yes it is!
Man: No it isn’t!
Other Man: Yes it is!
Man: No it ISN’T! Argument is an intellectual process. Contradiction is just the automatic gainsaying of anything the other person says.

Funny stuff, easily applicable to real world issues. For instance, I’m looking for more reasoned debate on Carolina North and a little less reflexive contradiction.

[UPDATE]

The Daily Tar Heel’s Emily Stephenson chimes in here (DTH ‘blogs). A story on yesterday’s poor turnout here.

[ORIGINAL]

Earlier today (Nov. 19th), UNC’s Board of Trustees approved the draft Carolina North design guidelines making the proposal official UNC policy.

This evening, the first in a series of informational/public feedback sessions on Carolina North was held. With the creation of the Carolina North development agreement well on its way, the Council’s explicit call to advisory boards to attend, if possible, and the aggressive schedule to meet next July’s commitment, I expected a fairly full house.

Crowded house? Not the case.

The meeting started with roughly two dozen citizens in attendance. By the time Jack wrapped his presentation covering UNC’s design intent the group of interested citizenry was down to 19. At the end of the Dr. Owen’s presentation, covering the development agreement process, only 17 non-staff/non-press folks remained. Of those, eleven were drawn from the “usual suspects” ( Fred Black, Joyce Brown, Fred Stang, David Godschalk, George Cianciolo, Lynne Kane, Mike Collins, Loren Hintz, Ed Harrison, Bob Henshaw, me).

Disappointing! As Carolina North’s development director Jack Evans noted this evening, the formal process for approval has begun. The first phase of Carolina North is on its way.

Chapel Hill residents need to wake up and show up.

Every resident will eventually be affected by Carolina North’s development. At least 5 advisory boards will be consulted on both the outline and details of the development agreement. Community groups like the Friends of Bolin Creek and Neighborhoods for Responsible Growth (well represented this evening) could play key roles in shaping the discussion.

There is quite a bit of work before the community. If we follow Pal Alto’s trajectory, the development agreement – which is, as Dr. Owens pointed out again this evening, essentially a binding legal contract – could swell to 200+ pages over the next 8 months (that’s 25 or more pages of detailed legal requirements per month – a heavy responsibility). Those pages will dictate development over a long period. Once set, unlike zoning ordinances, the ability to tweak conditions requires mutual agreement. Mistakes could be difficult to correct.

The community has a tremendous opportunity to shape the outcome at Carolina North. Both UNC and Chapel Hill’s Town Council agreed to involve the public at every point in the process. But, so far, Chapel Hill’s citizens have not turned out.

The negotiations between UNC and the Town will continue to accelerate. The momentum is building rapidly. My concern is that by the time citizens go into reactive-mode – recognizing missing elements in the plan, trying to wedge in protections beyond those outlined – the inertia will be too great and the time too short to significantly change course.

Now is the time for public concern. Now is the time for community involvement.

Because of the extensive impacts Carolina North will have on this community over the next several decades, I’ve asked Council to “bang the drum loudly”, to go beyond simply inviting the public into the process. We need to seek out folks, develop multiple avenues of engagement and draw them into the discussion. That said, at some point it comes down to whether our citizens want to shoulder their part of the burden and work on behalf of folks that will live here decades hence.

UNC’s Chancellor Holden Thorp takes a postion (“Carolina North: A Glass Half-Full Perspective”) on Horace-William Airport’s closure.

One of the most vexing issues, though, has been the future of Horace Williams Airport. As you know, it occupies the heart of the Carolina North acreage. It’s the flattest part of the tract and, therefore, the best place to build Carolina North. So we have to close it.

Now, I realize it doesn’t take a lot of analysis to figure out that closing the airport is important for the future of Carolina North. But figuring out HOW to close the airport . . . that’s another story.

Ultimately, I think it comes down to this. The AHEC program is an extremely important asset to this University and to our state. Our doctors, nurses, other health professionals, and our MedAir pilots are as committed public servants as you will find. The work they do and the service they provide are fundamental to who we are as a university. And we are telling them that we have to close their airport to build Carolina North.

I have analyzed all the options, and I’m convinced that we really do have to close the airport to make Carolina North all that it must be. I’m equally convinced that we should fully support the airport authority authorized by the General Assembly as the best way to pursue creation of an airport in Orange County. It gives the county zoning authority, and it turns over the siting and development to a public body with greater expertise than we have.

For AHEC and MedAir, I think a move to RDU for the short-term is workable. But for the long-term, we owe it to our doctors to appoint the airport authority to see if there’s a better alternative.

We have said all along that we wouldn’t close Horace Williams Airport until we had to. With today’s challenging economic climate, we anticipate that funding for initial Carolina North construction likely will be delayed. Our state appropriation for planning and infrastructure for the Law School relocation to Carolina North is frozen, at least for now. And Alexandria Real Estate Equities, Inc., our partner for the Innovation Center, has put new projects on hold, although they have affirmed their interest in our project.

So, as I posted last night, the University maintains their stance that closure is contingent on Carolina North’s building projects moving forward.

I am disappointed that Holden continues to maintain that the only path to serving AHEC’s needs involves a new general aviation facility. This fixation makes no sense at this point and counters UNC’s own consultant’s recommendations to move AHEC to RDU.

Holden is “convinced that we should fully support the airport authority authorized by the General Assembly as the best way to pursue creation of an airport in Orange County. ”

Sure, the airport authority, with the sovereign powers the State granted it, is probably the best way to get an airport built in Orange County over local residents’ objections.

Where, though, is his concern for the Authority’s other duty – to factually justify the necessity of a general aviation facility? The Authority’s duty to “support the missions of the University of North Carolina at Chapel Hill or the University of North Carolina Health Care System” has to balance against the significant local impacts, the $60-100 million price tag, the infrastructure costs shoved onto local residents.

I applaud Holden’s willingness to engage the community in the discussion via his ‘blog. I wish other local officials took a lesson from him.

I already left him a comment on his post. I hope folks weigh in with their thoughtful and considered input.

Hat tip to Fred Black for highlighting Holden’s comments.

Tonight’s meeting (background) was well attended . Many of the folks attending were there to send the message “No Airport!”. Chapel Hill News reporter Eric Ferriri did a pretty good job covering that part of the meeting over at OrangeChat.

The Chancellor was missing in action. I think that is two of three meetings now.

The Council-Trustee sessions allocate two public comment periods, before and after the main meeting. Jim Ward, responding to tonight’s turnout, suggested doubling the time for public commentary from 10 to 20 minutes. I believe the 8 folks signed up had adequate time to get our points in (though I could easily spend a few hours going through the detail divergences in UNC’s proposals, ways to flesh out the development agreement, setting goals/metrics/methodologies to measure compliance, etc.).

After thanking staff for producing a nearly complete agenda a few days before this meeting (unlike the few hour lead times of the last two meetings), I took a few moments to ask some questions and add some suggestions to my earlier list.
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[UPDATE] As Fred notes, this was a Cessna 550 probably configured like the photo below:

These type planes are used both for charter and commercial commuter purposes.

[ORIGINAL]

I have lived near Horace-Williams Airport for about 16 years. During the recent uproar over siting a new UNC-sponsored general aviation facility somewhere in the OC, I’ve had a few folks ask what kind of traffic to expect.

There’s the early morning cacophony of AHEC cranking up their prop-driven fleet. The mid-day buzz of single engine vehicles. And, on a game night like this evening, the late-night roar of corporate jets.

By the way, here’s a nice chronology of UNC’s back-tracking on their “no jets” policy. Required reading for anyone interested in possible outcomes at the proposed new facility.

Quick reminder that there is another joint meeting between Council and UNC’s BOT representatives tonight (Oct. 22nd) from 7 – 9:30 pm at the Chapel Hill Public Library (no agenda online – boo!).

Tonight’s meeting continues to flesh out the policy surrounding use of a development agreement for Carolina North (previous posts here and here).

More on the nuances of development agreements here: Exactions, Dedications and Development Agreements Nationally and in California: When and How Do the Dolan/Nollan Rules Apply [PDF] and Development Agreements: Bargained for Zoning That is Neither Illegal Contract or Conditional Zoning [PDF]. Description of some possible legal pitfalls here:

1. NJ Supreme Court Holds that a Development Company Cannot be Required to Pay More than its Fair Share of Off-Site Improvements, Irrespective of Development Agreement
2. Zoning Requires Uniformity and CA Appeals Court Says Developer Agreement is Not a Substitute for Rezoning
3. DURAND V. IDC BELLINGHAM, LLC:TOWNS FORSALE?

The Durand case is interesting. The development agreement between Bellingham and a developer was set aside by the Massachusetts Supreme Judicial Court because “rezoning action was tainted and improperly influenced by the presence of a large cash gift from a developer”. In that case, an $8 million payment to the municipality for “general use” in return for zoning consideration was considered improper.

Here’s a brief outline of my comments to Council at the Oct. 15th Public Hearing on Guiding Development at Carolina North (video of the meeting here).

Tonight you are being asked to approve a resolution that does three things: start the development agreement process, create a base zone for Carolina North and agree to a timetable.

I endorse moving forward with this resolution
  - flexibility and predictability
    - caution: flexibility is a double-edge sword - make sure requests comply with:
        + LUMO, comprehensive plan
    - exactions outside normal zoning law
    - secondary agreements - lease, easement, contract extending reach of
    - mechanism to extend beyond term of team members
      - process must live outside of tenure of negotiators
         + not an agreement between Mayor Foy and Chairman Perry but current
           and future Councils/UNC BOTs
      - "escape hatch" - resolution doesn't bind us to development
         agreement

CONCERNS

-- process
   - transparency
     - ex parte communications - no side comments like Barry Jacobs/UNC airport
   - evidentiary process
     - apply to some part of the process
     - establish factual basis for agreement within a couple quasi-judicial proceedings
   - public hearings/outreach
     - multiple checkpoints in process - let public know of progress
     - website FAQ/all questions asked by public, answers online
     - "bang drum loudly" - seek out neighborhoods, don't expect folks at public
       hearings

-- other questions
   - impact fees not normally assessed elsewhere, how does this
     fit with fiscal equity
   - "freeze" rules, most examples compatible underlying zone
      new zone - explain flexibility
   - application of general development philosophy, requirements to out-parcels...
     - Airport Dr.
     - Duke Energy parcel
     - method to incorporate other parcels under guiding philosophy

-- schedule - aggressive - huge undertaking - lots of moving parts
   - number of concerns need to be resolved ASAP
     - clear list of UNC "will and will nots"
       + LAC process has already high-lighted a few/formalize

-- new zone
   - developed outside of but in cooperation with planning board, highly public
   - OI-4 controls a built-out footprint, new zone more open ended
   - new zone needs to go beyond "base"
     + zone will act as safety net
     + effectively manage unanticipated edge cases, etc.

-- fiscal, transportation, other studies not ready
   - need to merge their schedules into dev. agreement schedule

-- requirements complimenting/exceeding zone and LUMO guidelines
   - new task force
     - HWCC environmental elements - light pollution, air particulate
       + measurable goals parking ratios, noise, particulates, light, etc.

-- specific metrics - "best in class"
   - Arizona/Hawaii light pollution
   - air particulates
     - energy budget/carbon footprint
     - AIA 2030

-- enforcement provisions - look at "best practice"
   - loose enough to manage mistakes, tight enough to control growth

-- secondary legal agreements
   - usually implement elements outside zoning requirements
   - who will develop - lawyers from Town or UNC or both?
   - who pays?

-- multi-governmental negotiations/agreements
   -  Is there adequate time for multi-governmental cooperation?

-- cost management
  - defray costs to Town
    - building permit fees won't cover upfront planning dept. costs
     + chip away good idea

Here’s the specific sub-section of Senate Bill 1925 authorizing the creation of the Airport Authority.

The heart-rending bit, at least to me, is 116‑274, “General powers.”

(a) An authority created under this Article has all powers that a city or county has under Articles 1 through 7 of Chapter 63 of the General Statutes and, in regard to financing capital expenditures and operations, shall have such powers as are delegated to or conferred upon the constituent institutions or the University of North Carolina Health Care System. Notwithstanding other provisions of law, both regulations adopted by an authority under this Article and development regulations adopted by a county or municipality under Article 18 of Chapter 153A or Article 19 of Chapter 160A of the General Statutes shall be applicable to land owned by and the approaches to land owned by an authority created under this Article. In the event the regulations conflict, the more restrictive regulation applies.

UNC-CH has been granted sovereign powers normally reserved to municipalities. Setting this precedent, even in what appears to be the constrained case of building an airport to support NC-AHEC, carries terrible portent.

PART IV. ALLOW THE UNIVERSITY OF NORTH CAROLINA TO CREATE AN AIRPORT AUTHORITY

The rest after the fold:

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Sponsored by southwest Orange County residents Tony Blake, Walt Lobotsky, Clifford Leath, Deonna Angelillo, and Susan Lombardo, tonight’s community meeting (WEBSITE) discussing the siting of a new UNC airport, was packed. Roughly 270 folks, from all around the county, attended the meeting to find out the latest on UNC’s (and now, as reported, Orange County’s economic development director Broadwell’s) plans to build a general aviation airport.

UNC’s original reason for creating a new airport was to support the NC-AHEC ( North Carolina Area Health Education Centers Program).

UNC’s director for Carolina North Jack Evans reaffirmed during last Thursday’s joint meeting between UNC and Chapel Hill’s Town Council (discussing a framework for approving Carolina North’s development), NC-AHEC’s current base at Horace-Williams airport (HWA) will be closed when the new Innovation Center is complete (2 years or so). Last week, Bruce Runberg, UNC’s Associate Vice Chancellor for Facilities Planning and Construction, said that a $2 million contract has been let to build hangars at RDU to “temporarily” house the program. Execution of that contract is contingent on a few factors, money, it appears, isn’t one.

Supporting AHEC, as folks and local media drilled down to the nitty-gritty, seems to have been just a smokescreen as, now, it appears that a much more extensive project – supporting well-heeled alumni, UNC corporate clients, AOPA members, local pilots and some vague mix of commercial interests – with a bigger facility is in the offing. To justify this vast extension, UNC has suggested great public benefit – to the tune of millions. No downside – environmental, community or other – has been mentioned (it’s all roses).

As CitizenWill readers might remember from previous comments, I found UNC’s consultants Talbert & Bright’s 2008 report of an economic impact of $40 million to $53 million a year ridiculous and near insulting to our community’s intelligence.

I’ve asked (letter here) the Orange County Board of Commissioners to appoint me as one of their three community representatives to UNC’s new Airport Authority to help bring objective standards to any decision on building and siting – if necessary – an appropriately sized facility for the originally constrained purpose.

I have a number of reasons, one of which, as the Chapel Hill News recently reported, was the terrible precedent of granting open-ended power of eminent domain to a University:

Will Raymond, a former candidate for Town Council, says the decision to form an airport authority was “a terrible mistake by our legislature.”

“Setting this precedent, for reasons good or bad, will probably make policy interactions with UNC-CH more difficult in days to come,” he said in a letter to the Orange County commissioners. “Essentially, the legislature has issued UNC a huge hammer, with the power of eminent domain, that I believe should be reserved exclusively to elective government.”

Are we to think that this power will be reserved only for UNC-Chapel Hill?

Beyond maintaining due vigilance, as a member of the Authority, in the exercise or threatened exercise of the awesome power of “public taking”, I will do my best to document the Authority’s deliberations, publish as much of the supporting documentation as possible and provide an analysis, of course from my own viewpoint, of the progress being made. More importantly, I will work to be a conduit for the wider community’s concerns about the process, the suitability of sites and other relevant issues. I’m sure that both the appointed elective officials and UNC officials will do the same, but I know I can provide community perspectives that I know will be distinct from theirs.

Here are some notes from this evening’s meeting.

Deonna Angelillo made initial introductions and a few comments, noting “no curtains in our neighborhood” and she wants it to stay that way. Her house is on the end of the site H runway.

Clifford Leath, whose 40 acre horse farm is on that runway, led off with a quick summary of recent history. While discussing strategy he said “we’re really fighting the state of North Carolina”, not local governments. Expressing incredulity, he outlined the 2005 estimated cost of $35M to develop site ‘H’ – a figure he and others felt underestimated both today’s costs and the required build-out of infrastructure – road-widening, electric, etc. Suggesting that the second Talbert/Bright study was commissioned “by a misguided planning person”, he emphasized that an objective analysis needed to be done.

A sentiment that was shared by others throughout the evening was “there’s certainly a hidden agenda here and it is not AHEC”. He said he had contacted a number of officials with little response though the UNC System’s Erskine Bowles did tell him that “no site was preferred”. He ended up his presentation expressing a lack of confidence in the proposed Authority’s decision-making process as the community will be represented by only 5 of the 15 members (the rest being UNC related).

Tony Blake, a volunteer fireman with an impressive command of both the history and breadth of the airport drama, went over some of the political dimension of the issue. “This all started as a bill introduced by Verla Insko and Bill Faison”. Later in the evening, it was suggested someone run as a write-in against Faison to “get his attention”. Tony got to the crux of his community’s problem – “they have eminent domain – they can set the price and take the land”. Echoing Clifford’s concern, he said “they’ve stacked the board, they have 2/3rd majority”. He went on to show that by creating this Authority our local legislators – Insko, Faison and Hackney, have bypassed the county’s.

“This is not politics, this piracy!” was his call to arms. “They are going to take land here and we have to let them know that it is” not acceptable.

Tony went on to say he thinks there is a window of opportunity to shutdown creation of Authority. Failing that, that the legislature directed the Authority to “find that the airport is critical to the operation” of AHEC. One avenue of defense was to challenge the necessity of building a $35-50 million general aviation airport when a $2 million hangar at RDU would suffice. They “don’t need to reinvent the wheel with a county airport”.

Tactically, he said, “each site needs to tackle its own specifics.” Building on the strength of community, he challenged his gathered neighbors to work with all the affected communities. “If site 9 has a petition, then site H needs to sign it.” Yes, he said, each site needs to build a case – environmental, social, just a bad idea – in order to “convince the university that this [building vs. using RDU] is a bad idea”.

His final strategy? Attack the granting of eminent domain powers. It was a bad idea – “that it is a sword poised above our heads” – “ultimately we need to get this law repealed…..”

Finishing he said “we need to get our message out there” – “not the lipstick on the pig that is their spin on the airport”.

The next speaker, Laura Streitfeld said “the idea that our land would be taken for the benefit of the few” was disturbing but that the fight can’t be just about NIMBYism (Not In My Back Yard). “It’s pretty clear that nobody wants it in their backyards, but that isn’t too different than anyone else”, she said but went on to argue that the issues – the grant of eminent domain, multi-county environmental consequences, waste of tax dollars, etc. – went well beyond the local scope of site H. She also said she would “stand in front of the bulldozer” to stop that site from being developed.

Bonnie Hauser, representing a group called “Orange County Voice” (more here) said “our goal is to repeal this eminent domain law.” “We are fighting this as an overarching act” of abuse of eminent domain. And that “We don’t understand why UNC is doing economic development plans for Orange County”.

Neither do I, except as a strategy to get Federal dollars. The utility of this general aviation airport has to be justified with benefit to the wider community in order for Federal grants to be approved.

Judith Wegner, former UNC Law Dean and current member of the Orange County Planning Board, called on the assembled citizenry to ‘write Bill Faison” ( Billf@ncleg.net [ 919-715-3019 ] ) noting “he is running unopposed.” “We should run a write-in candidate” to oppose Faison because “everyone should ask ‘Why are we doing this?””.

She also asked folks to send on specific impacts to the Orange County Planning Board (CONTACT HERE) because “we need to document it…for planning board.”

There were a number of comments and questions from the crowd. A woman stood up waving a copy of a UNC publication (didn’t quite catch the name) pointing out how commercialized Dr. Roper’s UNC Healthcare has become these last few years (here’s what I said about that on the appointment of Rev. Seymour as UNC Healthcare’s ombudsman in 2006).

“UNC has turned into a corporate entity”, she said, reeling off the corporate influence on UNC Healthcare, “How many of the corporate execs have jets?” “How many AHEC doctors”? I don’t know how many are used by corporate execs, but as a neighbor of HWA, I can assure you that jets are not uncommon.

One resident asked about UNC’s research property, which abuts one of the proposed sites. He said that he had heard a “secret lab” with hermetically sealed doors had been buried 80 feet below the surface. He wanted to know if that had anything to do with the proposed airport site.

Fred, a pilot, said he had worked with the former HWA flying club for four years and, in his experience, AHEC “are fools.” He suggested that “there is a lot of undeveloped land that the county could use that doesn’t involve stealing it from people who have lived here for generations.”

A great question concerned the spread of UNC’s airport into the surrounding community.

It had been noted ealier that the language of the bill authorizing the creation of the Authority could be interpreted broadly enough to justify, at least in the Authority’s eyes (and maybe with the rah-rah approval of Orange County’s economic officer), the taking of surrounding property to support commercial activity at the new airport. In that citizen’s words, the powers conferred “to expand as they saw fit.”

This prompted Tony Blake to observe that instead of the hotels and restaurants the Talbert/Bright study envisioned, the outcome would be more akin to Burlington’s experience – “a wasteland”. Trucking companies and other undesirable commercial uses not very complimentary to the rural way of life.

The airport wasn’t the only topic discussed. At the end of the evening, a resident living off Hwy 54 brought up the siting of the new solid waste transfer station. I hope to ‘blog more on my conversations with Hillsborough’s widening opposition – whom are having a meeting Oct. 2nd, 7pm at the Hillsborough United Church of Christ, corner of Old 86/Davis Rd. In his case, he was concerned about the 4 sites west along Hwy 54.

The gentleman next to me, a former manager in Chapel Hill’s public works, pointed out that Chapel Hill’s garbage trucks were geared in such a fashion that long-distance hauls will burn fuel outrageously, thus be prohibitively expensive (I sent an email to Howard Harvey, Chapel Hill’s Solid Waste Superintendent asking about this – I’ll post his response).

There were many other great comments, questions and observations and some very encouraged folks. It was heartening to see a community pull together to challenge UNC, our local legislators and the State of North Carolina to justify, objectively and with clarity, the reasons for moving forward.

As noted by Chapel Hill News Editor Mark Schultz here [OrangeChat] and here [N&O], I’ve asked the Orange County Board of Commissioners to consider appointing me to the new UNC Airport Authority (more on that here [UNC News] and here [N&O]).

Dear Commissioners,

I’m asking for an appointment to UNC’s new Airport Authority.

As a long time resident of Orange County, a citizen that has lived within a stones throw of Horace-Williams Airport (HWA) these last 15 years, a member of two Town committees interfacing with UNC on both HWA and Downtown issues (Downtown Parking Task Force), a close observer of UNC’s Carolina North planning process and frequent participant over the last 8 years in UNC’s community outreach programs, I bring a set of qualifications that I believe will help our community deal successfully with this issue.

Beyond my participation in Town and Gown relations, I’m quite familiar with the proposed sites that have been floated over the history of this issue. I also know residents affected by some of the proposed sites – notably those on the Alamance-Orange line.

As you know, I’ve also maintained a deep interest in our County’s environmental and economic sustainability and, again, believe I could bring a necessary perspective that will satisfy our citizens.

Finally, I want to be clear on my public concerns about UNC being granted, even if indirectly, sovereign powers.

I believe this was a terrible mistake by our legislature. Setting this precedent, for reasons good or bad, will probably make policy interactions with UNC-CH more difficult in days to come. Essentially, the legislature has issued UNC a huge hammer, with the power of eminent domain, that I believe should be reserved exclusively to elective government.

The consequences of this decision, unless the legislature moves to narrow the powers and limits their use to this “one-off” situation, will be far-reaching. I hope that our legislature revisits this granting of eminent domain and, if they decide to maintain their decision, inject greater community oversight and participation in that process.

That said, I am prepared to join with UNC, local officials, other citizens, to craft the best solution possible for both Orange County and UNC-CH.

Thank you for your consideration…

I further said on OrangeChat:

One reason I applied was to work to bring community input directly into the process. If you are familiar with my website citizenwill.org, you know that I try to bring concentrated research to bear in order to help our community make fact-based decisions on issues. Other than my background working on local boards , having already been involved in plotting HWA’s future, I think one of my strongest qualifications is this desire to integrate broader community awareness and participation in vital issues.

If appointed, I will do my best to document the Authority’s deliberations, publish as much of the supporting documentation as possible and provide an analysis, of course from my own viewpoint, of the progress being made. More importantly, I will work to be a conduit for the wider community’s concerns about the process, the suitability of sites and other relevant issues. I’m sure that both the appointed elective officials and UNC officials will do the same, but hopefully I can help provide community perspectives that I believe will be distinct from those.

A note on what that N&O article.

I said I thought granting the UNC, through the Authority, eminent domain power is a “terrible mistake”. Guess you could conclude that an Authority without this power lacks authority but I don’t believe this to be the case. If UNC is going to construct a new airport, we do need a framework within which the community can participate in the decision-making process.

I want to be one of our community’s representatives within that framework.

“Murder does not come often to Chapel Hill” sums up what I’ve heard frequently today in the wake of Eve Carson’s tragic death.

The Mayor said it. WCHL’s Ron Stutts and Natasha Vukelic repeated the sentiment on my drive home. Chief Curran, at the 5:30 CHPD, said it was one reason Eve Carson remained unidentified for some time.

Murder, at least for now, does appear to come infrequently to Chapel Hill but it does come, and more often than our media and elected leadership admit. I’ve lived here for nearly two decades – been around Chapel Hill for nearly three – and no matter how much I want our community to be and to be seen as safe and secure, our brushes with serious crime are coming more frequently and often more violently.

In the last few weeks, two domestic disputes, one in Northside and one at Carrboro’s Carrboro Plaza ended in the murder of two of our local citizens.

Not to diminish the Carson’s terrible loss, but where was our community’s outrage, sorrow, grief and calls-to-action for the deaths of 51 year-old Marshall Ralph Brown (shot in the back by stepson 27-year-old William Albert Stroud) or 59 year-old James Imonti ( by his 65 year-old father-in-law)?

Was it because Eve Carson’s death was apparently random, not as mundane as long simmering family disputes? Was her death any more random or less tragic than those of the 2005’s murder of the Sapikowski’s, blasted by their son over an argument about his grades and a girlfriend? Brutal, terrible but so was that of 2006’s Kedrain Swann’s at the ill-fated Avalon night club.

Was it that she was young, accomplished and so full of promise and these folks seem to have made less of splash in our local community?

“Murder does not come often to Chapel Hill” comes from Sylvia Colwell’s analysis of the troubling media coverage of another Chapel Hill murder of young woman of great promise.

July 15, 1993, roughly 6am, Kristin Lodge-Miller, 26, a speech therapist with a promising future was gunned down on Estes by 18 year-old Anthony Georg Simpson. Simpson pumped 5 bullets into Kristin, the final a head shot as she lay dying on the side of Estes [B on MAP]. He didn’t care that morning commuters saw his callous act.

Random, brutal, senseless.

This happened a short distance from where my wife and I lived. The murder, the ensuing media circus and the trial stirred ire within our community. There were calls to regulate or ban handguns.

What lessons were to be learned?

In the years since, folks, as is natural, have forgotten Kristin. The informal memorial of flowers and mementos decorating the shoulder of Estes was removed. The remnants washed away. Her friends and few others seem to remember or care about that Chapel Hill murder anymore.

I still remember though.

Is there anything to learn from Eve’s death? Chancellor Moeser’s kind comments this afternoon [MP3] made clear there was plenty to learn from Eve’s devotion to the “Carolina Way”. But what of her death?

I know one lesson to take away from today’s commentary. Chapel Hill is changing.

Random acts of violence and simmering domestic disputes that chaotically flare into fatal confrontations are nearly impossible to prevent but complacency does a disservice to our community. As the story of Ms. Carson’s death unrolls, I hope what the world will see a realistic Chapel Hill.

Maintaining the pretense, especially in the face of so many near misses these last few years, is also disservice to folks like Eve, James, Marshall, Kedrain, Kristin.

[UPDATE 5:31pm] Over at the impromptu memorial behind the “Y”, WTVD 11 is reporting that the SUV has been found and is currently being processed by the CHPD crime unit.

[UPDATE 5:50] Further coverage from 1360 WCHL.

[UPDATE: 6:16PM] The Chancellor’s remarks via 1360WCHL.com here [MP3].

ORIGINAL POST

The young woman found fatally shot on the corner of Hillcrest Road and Hillcrest Circle [MAP + street view] around 5 a.m. Wednesday, Mar. 5th as Eve Carson, UNC’s 2008 Student Body President.

I had the pleasure of meeting Eve during last Fall’s election, she seemed to be a real champion of the “Carolina Way”.

Photo: DTH

This afternoon Chancellor Moeser and a crowd stretching from the North end of Polk Place nearly to Wilson Library paid their respects to this will liked and highly praised member of UNC’s student body. After the Chancellor’s remarks, one of the largest, quietest crowds I’ve ever seen assembled at UNC gave more than the asked for minute of silent contemplation. A few moments later the UNC bell tower played “Hark the Sound”, a song Chancellor Moeser described as “Eve’s favorite”. [MP3]

An informal memorial is setup next to the rear of the Y fronting Polk Place [MAP].

The Chapel Hill Police Department (CHPD) have said that Ms. Carson was driving “a blue 2005 Toyota Highlander with a Georgia license plate AIV-6690.” (CHPD Press Release)

Yesterday morning at approximately 5:00 am, Chapel Hill Police responded to reported gunshots in the area of Davie Circle. Officers checked the area and located an unidentified female 18-25 years of age lying in the intersection of Hillcrest Drive and Hillcrest Circle.

This morning at approximately 9:00 am a positive identification of the victim was made by police investigators and the office of the medical examiner. The victim has been identified as Eve Carson age 22, a UNC senior and current UNC student body president. Eve was a resident of Chapel Hill and a highly regarded member of the university community. Our condolences go out to the Carson family and the entire university community that knew Eve.

The police department has issued a BOLO for the victim’s vehicle that is believed to have been taken during the crime. The description of the vehicle is as follows: A blue 2005 Toyota Highlander with Georgia plate AIV-6690.

This investigation is on-going and the Police Department are seeking leads and continuing to urge anyone with information about this crime to call the Chapel Hill Police Department at 968-2760 or Crime Stoppers at (919) 942-7515.

We will have another update scheduled for 5:30 to discuss any new developments.

Here is a copy of the current standard Georgia license plate (the style wasn’t described by the police, here are other possible versions).

The standard 2005 Highlander looks something like this:

Here’s a 2005 blue Highlander on Craig’s List with some better angles. Further images available via Google images.

The Daily Tar Heel is leading the coverage here, here, this video of the news conference and information on this evening’s Pit memorial.

The Herald Sun has this update.

The Chapel Hill News’ ‘blog Orange Chat has this from Chancellor Moeser.

Dear Carolina Students, Faculty and Staff,

I am so sorry to tell you that Chapel Hill Police have identified the victim of this week’s shooting as Eve Carson, our student body president, trustee, wonderful person and great friend. We are deeply
saddened and numb with grief.

I would like for us all to gather this afternoon on Polk Place at 3 p.m. to remember Eve and to grieve together. We will plan a full memorial service at a later time. For now, it is important that we pause,
contemplate our loss and give each other support.

We encourage students, faculty or staff who feel they need assistance to contact the Office of the Dean of Students (966-4042) or Counseling and Wellness Services (966-3658). Counselors will be available at the Upendo Lounge at the Student Academic Services Building and Room 2518 A/B in
the new addition at the Carolina Union until 11 p.m. this evening (Thursday, March 6, 2008). Resident advisors in campus housing and Granville Towers are also available to be of assistance and support.

I know how difficult it will be to begin to comprehend something so tragic. Please, as you gather your thoughts and prayers, think of Eve’s parents, family and friends.

I hope you will join us this afternoon on Polk Place.

I’m confident that Chief Curran will give our police department’s full attention to this tragic crime.

Yes, this event appears to be a random act and, thus, not easily prevented but, with two murders and a violent robbery [Pine Knolls] a few weeks apart, we are reminded, once again, that the complexion of crime in Chapel Hill is changing.

I’m concerned that attention today’s and these other recent incidents, just like the attention brought by the club shootings Downtown, will fade with time and that our community would have missed an opportunity to discuss how we best address a growing problem.