All posts by WillR

Downtown Development: Feb. 12th Citizen Comment

Endorsing the flawed deal:





Anita Badrock Chapel Hill/Carrboro Chamber of Commerce


Criticizing the misbegotten proposal:





Andrea Rohrbacher former Council candidate, Chair of the Downtown Partnership, representing the Sierra Club.




Francis Henry downtown business owner, longtime resident of Chapel Hill.




Jean Brown Chapel Hill/Carrboro school advocate




Tom Henkel Long time resident, brilliant alternative energy consultant.




Mike Collins leader of Neighborhoods for Responsible Growth




Joyce Brown Environmental activist, former Council member.




WillR of Citizen Will.

Godzilla vs. Bambi::RAM Development and Chapel Hill

If I worked for RAM Development, I’d be dancing quite a jig this evening.

Not only have they negotiated the sweetest of deals – their own publicly underwritten Downtown tower of wealth – they’ve gotten the friendliest of non-reviews by the majority of Council.

Maybe folks will like “rah rah” growth RAM Development style. If so, they’ll be pleased to see that they’re geared up for Phase III:

CHAPEL HILL – Ram Development Co. is moving forward with two projects at the intersection of Martin Luther King Jr. Boulevard and Weaver Dairy Road.

On Feb. 21, Ram will go before the town’s Community Design Commission with plans totaling about 130,000 square feet on either side of MLK Boulevard.

The first project, called MLK at Westminster, proposes 48 condos, two banks and a 22,000-square-foot office and retail building on the west side of MLK at the edge of the Northwoods neighborhood.

The second project would include a 16,000-square-foot Walgreen’s drug store and a 22,000-square-foot office and retail building on the east side of MLK near Timberlyne Shopping Center.

N&O Feb. 9th, 2007

Is it really “MLK at Westminster”? That surely sounds, ummm, bland? Safe? White?

What happened to Phase II?

That’s Hillsborough 425 – the 335 pricey condos replacing the existing 111 affordable apartments.

So, for those keeping score, RAM Development now has 4 on-going projects before the current Council.

Downtown Development Intiative: Thank you Sir, May I Have Another?

I missed the exact vote but the Council has not only authorized the Lot #5 development but put it on a fast-track.

Talk about compounding a mistake. What’s clear, especially after this evening, is the bulk of Council does not comprehend the consequences of their decision. From my understanding, the SUP (special use permit) gives the Council little leverage to modify building requirements peripheral to the issues specified in the SUP.

To wit, any leverage to mitigate the hazardous waste liability, to make the %20 ASHRAE and AIA 2030 energy goals requirements, is gone.

Below is the liability language Laurin Easthom and Jim Ward referred to:

3.5 Town’s Obligation to Remediate.

In the event that any Hazardous Substance is found on Lot 5, the Town shall be responsible for adopting a remediation plan reasonably acceptable to Developer and the Town’s environmental engineer to remediate such Hazardous Substances in accordance with Environmental Laws. The parties agree that any remediation required will be undertaken by the Developer on behalf of the Town and the Town will reimburse the Developer for the actual cost thereof or, at Developer’s option, the Town will pay such cost on a direct basis, it being agreed that the Developer has no obligation to fund on an advanced basis the Town’s Remediation Cost. For purposes hereof the actual cost of the remediation shall be the incremental increase in construction costs directly relating to any required remediation (the “Town’s Remediation Cost.”) For example, in the event that the soil on Lot 5 is contaminated by a Hazardous Substance and must be removed, the cost of any excavation to remove the same shall not be treated as a remediation cost allocable to the Town if such excavation was otherwise required in connection with the construction of the Project.

However, if the soil excavated and removed must be treated under the remediation plan, then the cost of such treatment (but not the excavation) shall be borne by the Town. The Developer shall submit to the Town on a monthly basis the cost associated with any required remediation and the Town shall reimburse the Developer therefore, or pay such costs on a direct basis, within thirty (30) days of the receipt of an invoice.

Page 27, January Agreement

Prepare to bend over Chapel Hill.

Downtown Development Intiative: Feb. 12th’s Comments

Tonight’s vote is not about whether Chapel Hill is a town or a city or whether we need to vitalize Downtown or not. We know that Downtown needs help.

Tonight’s vote is simply about whether the RAM proposal is a good deal for the town’s citizens – both now and in the future….

After reviewing January’s proposal, reading 100’s of pages of confidential minutes, listening to hours of confidential negotiations, rereading all the published material on this project, it is quite clear that this is a
broken deal.

There are so many reasons to turn this deal down, so many, I’ll mention just a few:

Affordable housing is important in our community but affordable housing at any cost is not a good deal.

What kind of precedent does this community set when we spend $7.5 million housing cars at this facility and give property worth millions dollars to a developer so he can build million dollar condos – all so we can get 21 small units?

Council says that these units are sufficient for families but that assessment has not really been made. We don’t know the economic viability of units where folks have to park off-site when their neighbors don’t…. Or can only park between 6pm and 6am. How family friendly is that?

And the %1.5 condo fee cap sounds so alluring but it makes up a significant chunk of qualifying tenants monthly income.

The $7.5 million would be better invested in strengthening existing neighborhoods and building affordable housing units more akin to what we KNOW our citizens desire.

Council continues to celebrate the %1 Art funding going to an out-of-state artist for a centerpiece who’s public usage has not been clearly defined. Nearly a year after I first asked, I still don’t know if my 10 year-old son or his friends will be trespassed off the property for dangling their feet in the fountain.

And why is it that the lions share of this public investment isn’t going to structural improvements in our local art’s scene? Why not provide an on-site arts space? For that matter, why aren’t the taxpayers getting on-site play structures, public bathrooms, drinking fountains.

The pretense that this development improves our transit picture is disturbing.

Without sufficient walkable living infrastructure – grocery stores, parks, schools, jobs – the tenants of this building will inevitably make car trips – maybe as many as a typical resident.

Why no anchoring grocery store? Why no commercial office space for jobs? And why no discussion of incorporating the planned Downtown transit transfer station?

LEED certification is a minimal requirement for today’s sustainable buildings. The lack of a firm commitment for energy reductions in the design and operation of this building is just not acceptable. We know, with better accuracy than RAM showed in forecasting construction cost increases, the trend line for energy costs is only up. Energy efficiency is more than saving money – it is about doing the right thing.

How will Chapel Hill claim moral leadership on environmental issues when our Council approved, financed, built an environmentally sub-par project?

Approval of the initial stages of Carolina North is coming soon. How can our Council demand the highest caliber of environmentally sound development from UNC when they won’t practice what they preach?

You need to walk the talk…

As Council member Kleinschmidt asked, without the carrot of Lot #5, can we ever get a good deal on re-development of Wallace Deck? You know the answer – it will be from difficult to nearly impossible. Will we have to sell the Wallace Deck to get redevelopment? My guess is yes.

Finally, what about the pure bread-n-butter of paying for this project?

Tonight’s coversheet claims we will see significant property and other tax revenues. It also claims a %43 increase in parking revenue. Yet, as we’ve seen, just over the last 9 months, this projects economic projections have been seriously flawed – flawed to the point of losing half the original projects scope. Add to that the public investment increasing 15-fold. Where is the business-like certainty? What proof the return on public investment exceeds the cost of services?

This is a broken project. If Council approves it, please, please, don’t expedite the special use permit.

The public is still coming to terms with the wild shifts in this projects scope and cost – please give them the courtesy of a reasonable time to review what will be the most significant public investment of the next decade.

The Sad Story of Council’s Downtown Development Initiative

They say, the story is buried in the details.

After reviewing hundreds of pages of confidential documents and listening to hours of ridiculously poor audio recordings of confidential meetings, I can, sadly, stand by my public assertions that the private-public Lot #5 development Council will most probably be thrusting upon us this evening is a terribly flawed beast.

By now, Council should realize that a re-think is in order. But I doubt that will happen….

Yes, it looks like Chapel Hill’s citizens are going to underwrite the development of million dollar condos, lose its moral leadership to criticize other environmentally poor initiatives, set the sub-standard for a new downtown development cycle that will create concrete canyons quashing the charm of our unique berg.

Like dumping a gallon of perfume in a reeking cesspool, the latest “updated” proposal does little to cover the stench that has settled about “the plan”.

RAM Development, directly, and Council, as I expect with tonight’s acquiescence, has no will to ameliorate the vast negative fiscal, environmental, social and political consequences of earlier versions of this plan.

Worse yet, instead of giving the public ample opportunity to review and reflect, the Council is voting to expedite the SUP (special use permit) to rush their development partner’s application through. Beyond the propriety of granting special favors to ones development partner, the problem of public participation has been swept to the side.

“Ahhh, Will, but the public has been given plenty of opportunity”. What a crock. The deal Council is voting on tonight runs to 160 pages – the public record thousands – yet the Council, generally, has made little attempt to integrate a broad perspective ala the NCD (neighborhood conservation district) process – to draw in to the process all the citizens of Chapel Hill.

We’ve heard quite a bit of enthusiasm from those that stand to gain from this precipitous decision. The developers – who benefit from Council’s ill-conceived direction. Those great social champions who want to broaden our affordable housing stock – but, in this case, at too steep a cost. Those that stand to make tons of bucks from the wealthy inhabitants of the publicly underwritten rooftop villas.

Why hasn’t Council tried to build a broader context around this development? Why didn’t they start a conversation with the wider public – the same public that will be picking up the tab for this mess – months ago?

Why? Because a measured assessment of this project, as currently constituted, by the public, would ring its death knell.

And for those Council members caught up in this “rah rah” – “do something, do anything” – atmosphere engendered by folks standing to win big by big, big, big development – that is unacceptable.

Downtown Development Initiative: Listen and Learn How Negotiations Went Awry

I worked to elect all three Council members – Cam, Sally, Bill – intimately involved in the RAM negotiations. I’ve found them to be good folks with a keen interest in promoting what they think is best for our community. And that is why listening to these audio recordings was one of the most dispiriting chores I’ve ever undertaken.

Reviewing the documentation on how RAM Development step-by-step backed these folks away from a good initial vision towards the fiscal, social, environmental, aesthetic mess we have today, well, it was quite tough.

It was one of the reasons I’ve been so quiet of late.

I worked on cleaning up some of the audio, but, on the whole, it is really miserable. Where there’s a MP3 version of a WMA (Window’s Media) file, the MP3 is the “cleaner” of the two.

Aug. 1st

Aug. 2nd

Aug. 18th

Sept. 15

Feb. 27

June 19th

Aug. 16th

Sept. 7th

Oct. 23rd

Nov. 11th

I told the Clerk I’d be happy to purchase the town a couple decent digital audio recorders so that critical meetings (and these are probably some of the most critical held in the last decade) will be captured clearly for posterity.

By the way, I think RAM Development did a FANTASTIC job on what they were supposed to do… get the absolutely best deal for their owners.

I’m sure future developers will take a page or two from RAM’s playbook.

They offloaded the risk to the public, secured an asset they can flip for millions (maybe tens of millions) within a few years and will convert public properties to posh million dollar residences with their awesome “frog in the boiling water” technique.

Dec. 7th, Forewarned, Not Forearmed?

I’ve been interested in the World War II Japanese Internment travesty since I learned of it as a near tot. Living in Chapel Hill I’ve had the chance to know some interesting folks, Eric Muller for one.

Eric, self-publisher and UNC Law professor is an internment expert. He often posts his research on that, the Holocaust and other WWII related issues over on isThatLegal.org. Fascinating, if at times disturbing, reading.

Today he’s talking Dec. 7th, 1941 and the trail of bread crumbs leading up to the foreseen attack on Pearl Harbor and the collateral damage it caused the Japanese-American community.

Downtown Development: RAM’s VP Cummings’ Smackdown

Ouch! Obviously stung by Council member Jim Wards comment about “switch-n-baiting”, RAM Development’s VP Casey Cummings delivered a death blow to Council’s request for affordable condo fees for the affordable housing units and a commitment to energy efficiency.



[MOVIE]

Both requests seem quite reasonable.

What use is it for the Land Trust to “sell” a condo to an affordable housing applicant just to have them priced out by condo and parking fees?

On the energy front, as former OWASA board member Terri Buckner notes over on OrangePolitics

Not a single citizen speaking at last night’s hearing or at the first public hearing on Lot 5 challenged the Council to ensure energy efficiency. There seemed to be an assumption that “LEED certified” means the development will be energy efficient. However, LEED certified is the lowest level of LEED and even at Platinum status there is no assurance that a LEED building will be energy efficient. To get around that problem, the state of North Carolina has adopted ASHRAE 90.1 for all state constructed buildings.

Chapel Hill is not willing to meet the same requirements as NC State? Dang, we usually lead the State in environmental initiative.

As far as “bait-n-switch”, RAM was challenged last year on their original rosy financial projections. Were they knowingly over promising expecting to under deliver to get the deal?

In the most stark example, Grubb’s financing model would produce a 21.77 percent return on its $10.5 million investment in condominiums on the Wallace Deck site. Ram sees only a 2.98 percent return on its $23 million investment there.

“If they’re willing to do it for that,” Harris said, “God bless ‘em.”

Even if the company wanted to, Grubb couldn’t make a counteroffer, Stainback said, explaining that the proposals are considered “best and final offers.”

Two council members asked Cummings whether Ram’s financial model was too good to be true.

He said no projection ever is exactly right but that his company hopes to ride the growing trend of people returning to downtown.

After the meeting, Ivy Greaner, Ram’s managing partner, said the profit margins are healthy enough to sustain the project.

But Ram also is seeking a foothold in North Carolina. The company is willing to make less money in Chapel Hill to get a centerpiece project in the Triangle.

“This is a special town,” Greaner said, in a suitor’s tone. “We love Chapel Hill.”

N&O

Town investment up 15-fold. Value of the property discounted. Property moving from public to private hands. I understand Jim Wards sentiments.

CarolinaNorth Community Meeting, December 13th: Ecological Assessment

Earlier this year, I asked the Carolina North Leadership Advisory committee to do an environmental assay of the highest caliber. It will be interesting to see this phase of Biohabitats’ research.

And kudos to UNC for scheduling two (2) sessions to accommodate the public. Yes, they’re both on the same day 😉 but progress all the same. Well done Linda and crew…

Subject: Carolina North Community Meeting, December 13

Dear Friends and Neighbors,

Many of you have expressed interest in Carolina North. I am writing to invite you to a review of the draft ecological assessment recently completed as part of the discovery phase of our planning process.

Chancellor Moeser has said that Carolina North will be a model of sustainability. As one of the first steps to that goal, Biohabitats, Inc. has produced an ecological assessment to inform our planning. We are eager to get your input to help us shape effective plans for sustainable development at Carolina North.

To accommodate different schedules, we will hold two sessions. The information reviewed at both will be the same so attend whichever is most convenient for you.

Both sessions will be on Wednesday, December 13th in room 2603 of the School of Government:

3:00 – 5:00 PM. Parking available in either the Hwy 54 Visitor Lot or n the Rams Head deck.
6:00 – 8:00 PM. Parking available in the School of Government parking deck.

Information on transit service to the School of Government is below.

If you are a neighborhood or community contact, please forward this to your group as well as any others who may be interested. We hope for extensive participation from the community. My apologies in advance to those who may receive duplicate emails.

Although an RSVP is not required, it would help with meeting logistics if you would contact Tiffany Clarke at tclarke@email.unc.edu. If you have questions about the review session content, please contact Mary
Jane Felgenhauer at mfelgenhauer@fac.unc.edu.

For Carolina North information, visit our web site at http://carolinanorth.unc.edu <http://carolinanorth.unc.edu/> . To learn more about our current planning efforts and our consulting team, click on Technical Workshops.

As always, please feel free to contact me if you would like more information. We know there is great community interest in Carolina North and look forward to working with you at this early stage.

Best,

Linda

The School of Government is served by numerous bus routes, including the FCX, HU, V. S and the RU. The U and G are available for the early session only. Please check the Chapel Hill Transit site at www.townofchapelhill.org <http://www.townofchapelhill.org/> for details.

Linda Convissor
Director of Local Relations

Linda_Convissor@unc.edu
CB# 6225
919-962-9245

The Chickens Have Roosted: Council’s Environmental Credibility Gap

We lost that argument when we passed parking lot#5 as designed.

One of the chief criticisms of the new Downtown Development Initiative (DDI) is that the Lot 5 building is setting a poor precedent for what is yet to come…


[MOVIE]

Councilmember Jim Ward tried to put the brakes on Council’s pellmell acceptance of “the new deal”. Failing that, he went ahead and proffered a friendly amendment to not only require LEED Silver certification but to meet NC State’s governmental building standards with the ASHRAE 90.1 %20 energy efficiency requirement.

Councilmembers Strom and Kleinschmidt, working against character and on behalf of “the deal”, watered down Jim’s request leaving RAM Development’s VP Cummings to deliver the final smack-down.

In spite of those environmental, financial and social concerns, Council went ahead and approved the next, and probably final, stage of the project.

Not more than an hour later, during a discussion of UNC’s requested modifications to their development plan #3, Chapel Hill Councilmember Jim Ward aptly describe the fallout from setting that precedent.

Now is not the time, it was about three agenda items ago was the time. You just..and others…just said fine with parking lot #5, which is going to have no energy savings. I think we lose our credibility when we pass that and say, “you guys have to do better than us” but our project is fine – it’s so SOP [standard operating procedure].

I don’t think we have any credibility…put your money where your mouth is…

We lost that argument when we passed parking lot#5 as designed.

Thanks Jim, I know it was tough getting crushed by the Lot 5 Jagannath.

Carrboro’s New Media Experiment

There’s been a small discussion over on SqueezeThePulp about the declining efficacy of local media outlets in covering our community. I suggested that new media outlets will soon move into this long fallow territory – intensively covering local events – to the possible detriment of traditional news outlets.

It appears that Carrboro is the center (once again) of local innovation.

Monday, the Carrboro Commons launched to fill the gap:

As we launch the Carrboro Commons today, we too feel the need for an introduction — sort of a 5W’s on us: the who, what, why, where, when and how.

In short, we are a new newspaper blog for this special place. Whether you call it “the Paris of the Piedmont,” “The People’s Republic of Carrboro,” “Karmaboro,” or just plain old Carrboro, if you’re a resident, you know that Carrboro is unique. And with apologies to Stephen Colbert, compared to Chapel Hill, we think Carrboro is “uniquer.”

That’s why we believe that Carrboro is an under-served media population. From everything Carrboro folk are telling us, this is a town that needs, wants and deserves a quality news, feature and A&E source.

More via the inimitable Paul Jones.

Chicken of Chicken

Got this interesting article today from Consumer’s Union:

…analysis of fresh, whole broilers bought nationwide revealed that 83 percent harbored campylobacter or salmonella, the leading bacterial causes of foodborne disease.

That’s a stunning increase from 2003, when we reported finding that 49 percent tested positive for one or both pathogens. Leading chicken producers have stabilized the incidence of salmonella, but spiral-shaped campylobacter has wriggled onto more chickens than ever. And although the U.S. Department of Agriculture tests chickens for salmonella against a federal standard, it has not set a standard for campylobacter.

Our results show there should be. More than ever, it’s up to consumers to make sure they protect themselves by cooking chicken to at least 165° F and guarding against ­cross-contamination.

Chicken is my dominant source of protein (had a great Elmo’s chicken hoagie, in fact, this evening). I like BBQ, hamburgers, steak but really can’t replace my chicken intake with comparable amounts of beef. And then there’s Mad Cow (which I’m sure a few folks are already convinced I have…).

At home I’m not worried. We buy local, and, in any case, Ellie will nail those bugs.

What about my regular restaurant rotation? Fear Mediterranean Deli’s chicken souvlaki or Bad-a-Wings great boneless chicken wings?

Downtown Development: Steamrolled by Jagannath

I went to this evening’s Council meeting fully expecting to be steamrolled.

Yes, the negotiation team has worked years on “a deal” but not “the deal”. Since Nov. 20th, no real new details have been forthcoming.

I’ll be posting the video of tonight’s action tomorrow, so I’ll reserve detailed critiques until then…

Just a few quick comments, then:

  • Jim Ward’s description of how his “love was lost”, switch-n-bait and his solid reasons for opposition
  • Bill Strom and Mark Kleinschmidt watering down an amendment to the resolution to hold the the Town and its partner, RAM development, to the same energy efficiency requirements as we’re asking UNC to…
  • Laurin Easthom’s itemized list and request for specificity. Other Council members “response” to her request…
  • RAM’s VP Cummings shooting down reasonable condo fees for affordable housing and Leeds Silver + %20 energy efficiency
  • Mark K.’s remarks that paying reduced fees will make folks feel like second class citizens. Heck, if I made the commitment to move my family into a 850′ unit in what will generally be an expensive place to live, I’d be happy to deal with the tension of paying affordable condo fees.
  • The comment that the negotiations haven’t been rushed. True enough. Rushed has been the education and time for citizens to digest this radical right turn.

This is the first major issue I’ve come out against folks – Cam, Sally, Bill – that I’ve strongly endorsed in the past. The experience has been interesting….

For anyone interested, here’s the latest datasets for my Powerpoint (ugh!) presentation:

I’ve already tweaked the elevations again in GE using altitude. I believe I’m either going to have to go back to 3DS to fine tune the data or import the same topology that the model was developed against into GoogleEarth (GE).

I believe the Planning Department (Gordon Sutherland and company) might have better models of Granville Towers. Mine are envelopes of the actual structure, height based on the testimony of RAM’s designer (who provide comparable elevations for Granville, University Square, NCNB Plaza).

Also, I understand that the Mar. 2006 RAM Development Planning documents included a 3DS model of their development. When I get my hands on that, I’ll go ahead and update the Downtown.

Please feel free to use the material. If you should get the topology %100 before I do, please send me a copy ( campaign AT willraymond.org ).