Category Archives: ChapelHill

Carolina North: Oct. 15th Development Agreement Hearing

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 

Private Drive for Public Airport

One suspicion raised by the local organization Preserve Rural Orange is that the newly proposed UNC airport has more to do with private desire than the public good.

UNC’s lead on the formation of an Airport Authority, Kevin Fitzgerald, was already hard-pressed to justify the recent fabulous (as in: “almost impossible to believe; incredible”) claims made by UNC’s consultants that the airport would generate $40M to $53M in yearly economic activity.

Those claims are utter balderdash (read the draft report [PDF]).

Now it appears, as the Chapel Hill News’ Mark Schultz reports over on OrangeChat, that the report had some private backing – to the tune of $30,000.

According to public records, two prominent businessmen — Jim Heavner and J. Adam Abram, contributed $15,000 each toward $100,000 paid to Talbert & Bright. The money helped retain the consulting firm and fund its working paper, according to Kevin Fitzgerald, associate dean of the medical school, which contributed $20,000.

The remaining $50,000 came from the university, and both the med school and university contributions were not from state appropriations, UNC spokesman Mike McFarland said in an e-mail.

I’ve met Jim a few times. He has always been cordial. He owns WCHL 1360 (wonder if they’ll report the link?) and was nice enough to invite me to one of his radio round-tables. I’ve known that he has opposed moving Horace-Williams for years. I assumed that was why WCHL news seemed to be less than critical of the report than other local media outlets. I’m surprised that he is comfortable underwriting this draft report which makes some rather tenuous extrapolations in justifying the $40M figure.

It is great to see Mark tear into a local story. As much as I like the Carrboro Citizen (Happy First Birthday!), I don’t want Chapel Hill to be a one-horse town.

By the way, Preserve Rural Orange is having another community meeting. Laura Streitfeld sends this:

Since our first meeting in late September, news and letters about UNC’s airport plans have generated increasing interest from the wider community. Committees have begun to work on research, outreach, speaking with officials and continuing to gather petition signatures to build our case against building an airport in rural Orange County. At last count, there were 1980 signatures– that’s 180 more people who signed during the week and a half after we presented petitions to county commissioners. While the petitions came out of our community’s concerns over being a likely site, we stand with all of rural Orange County in urging UNC to move its operations permanently to RDU or another existing airport.

This organization is still in its early formation and there will be many opportunities for those who wish to be more involved. If you know of people who don’t use email but would like to be included in our communications, please send us their names and phone numbers. Our website is almost complete and we’ll let you know within the next day or two when it’s ready
for you to log on and get more information. The web address is:

preserveruralorange.org

At our next meeting we’ll hear from local residents who would be affected if an airport were built. We’ll also hear from others including elected officials and community leaders, who will speak of the potential impacts on the environment, our health, and the economy that would result from building an airport. There will be time for questions and answers afterward.

Attached is a flyer with the meeting announcement. We anticipate a large turnout, so please bring your folding chairs just in case!

Please come and be part of the discussion, and spread the word. Here are the details:

Monday, October 27th 7:00 pm

White Cross Recreation Center 1800 White Cross Road, Chapel Hill [MAP]

Speakers will include:

  1. Senator Ellie Kinnaird
  2. Bernadette Pelissier, Candidate for Orange County Commissioner
  3. Mitch Renkow, NC State Economist
  4. Elaine Chiosso, Executive Director, Haw River Assembly
  5. Jutta Kuenzler, Kuenzler Wildlife Habitat Preserve
  6. Nancy Holt, Carolina Concerned Citizens
  7. Local Land Owners

Trash Talk: The Next Waste Management Fight

Even though local environmentalist have talked about our county’s responsibility to manage its waste stream responsibly – not dumping the problem on another community – I couldn’t find a recent request to the Board of Commissioners by either a organization or an individual to start the process of developing either a new landfill or a sound alternative. With the missteps selecting the trash transfer site fresh in our community’s mind, I thought that starting that search now would give our community plenty of time to come to terms with what I think is a civic responsibility.

Why? Simply because it will take years to build community consensus on, one, whether we do have an obligation to manage our waste locally and two, what kind of facility is most appropriate.

Earlier this year, the Board of Commissioners did direct the Solid Waste Advisory Board to research alternative waste management technologies with an eye to the future. Their Oct. 7th report on Solid Waste Process Technology Assessment [PDF-huge] and September minutes [PDF] sketches out both the advantages and pitfalls of existing technologies.

Their comments also reveal that the greatest hurdle is political, not technical.

For instance, one promising, though expensive, alternative is to use of waste to produce energy. The only financially feasible way to implement incineration, at least at Orange County’s current level of waste production, is to develop a regional approach in cooperation with surrounding counties and the University (one concern is that there is a “secret plan” to build this type of a facility or a new landfill on the excess acres purchased for the new transfer site).

Incineration can be done in an environmentally friendly fashion and appears, at least using state of the art techniques, not to have as large of a carbon footprint as transporting waste 90 miles to a landfill that doesn’t capture its methane by-products.

Incineration, of course, is even less politically popular than landfills.

In either case, the search for a reasonable and supported solution will take time. Selling the public, probably years. Developing the political will (and backbone) probably even longer.

Shipping waste out-of-county was NEVER going to be a longterm solution (unless fuel cost stay constant and other communities willingness to host our garbage continues ad infinitum). Recognizing the built-in limitation of the transfer process now and acting accordingly is the responsible course to take.

Trash Talk: Commissioner Gordon, “No Plan B”

After this evening’s solid waste transfer site meeting, I took a second to ask Alice why she said delaying the final site selection would lead to “garbage piling up”. She had made that statement earlier, in an effort to encourage her colleagues to make a decision by mid-November.

Orange County’s landfill is slated to close in 2011 (Trash Talk: The Ticking Clock). Our solid waste management folks say it’ll take 18 months to get the new transfer site up and running. The BOCC has to figure out the financial impacts, find the revenue and let the contracts sometime early next year to make that date.

But if the County doesn’t make that date, will trash really pile up?

No, as Alice should know. Even though the local municipalities supposedly balked at shipping their waste to Durham’s transfer station ($42/ton + fuel), I’m fairly sure that Orange County can negotiate a temporary use of that facility while a new one in Orange County is built. If a delay of a few months buys community consensus and confidence, the temporary financial inconvenience will be well worth it.

Filling Bill’s Seat, Not His Shoes…

Councilmember Laurin Easthom sketches out the scope of work required to diligently discharge a Council member’s civic responsibilities.

As she notes, agendas can weigh in at 11 lbs. Meetings are more frequently going until 1am. Preparation takes hours and hours. And the work expands well beyond what most folks usually see – liaising with other community groups and governmental entities, special sessions, representing the Town in all sorts of contexts, meetings with concerned citizens – much of which can be scheduled at most inopportune times.

Laurin has done a great service not only outlining the amount of work, but also how prepared a new member must be, as Mayor Foy has said the Council wants, to “hit the ground running”.

Beyond that, she suggests a new member must be ready to forge ahead with their own agenda:

Decide what you want to do in a proactive way on the council. It would be easy to sit up there and just vote on things as they come along in reactive mode, but most council members have areas that they really want to work on making changes and spend extra time on those issues that are important to them. These are not always items on the agenda and things the public might see every day.

Laurin is right. Not all the issues our community faces appear on the Council’s agenda. Serving the community as a qualified Council member requires more than a passive approval of the status quo. Active engagement is a necessity – an applicant should consider if they have the fortitude to take the lead where none is currently offered.

That said, Council is appointing a new member for six months. If I’m appointed, I expect the lion-share of my effort going towards reducing our Town’s financial exposure, supporting and improving the on-going Carolina North negotiation process and a handful of issues I’ve contributed to over the years like economic development, environmental metrics, Downtown’s revitalization, human services and teaming up with our existing internal technology team to rework our Town’s Internet strategy. There are also Town and County boards I wish to serve on (more on that in my formal application).

Realistically, though, there is a mountain of work to be done in a very short time. An applicant wishing to excel needs to understand that. I also hope that an applicant is willing to put aside their near-term political ambitions and concentrate exclusively on the tasks at hand.

In any case, I well understand and respect the amount of work – those many hours it takes – to discharge ones Council duties at a level that our community deserves.

I spend upwards of 30 or more hours a week reading and researching UNC, Chapel Hill, Carrboro and Orange County agenda items. I attend board meetings, UNC community outreach events and other community functions to better understand the context in which policy is formed. My opinion on many issues evolves as input from our talented community pours in, as time reveals nuances not immediately obvious, as debate (yes, some issues get public debate) deepens my understanding.

I also try to engage our community, here on CitizenWill and elsewhere, by providing not only a particular, hopefully informed, opinion but links to or copies of the primary source materials I used to arrive at a particular policy endorsement.

I applied for the position knowing that I’ll miss dinners, start early and go late, in order to perform my civic duty at a level our community deserves. Luckily, I have a very, very understanding family, a flexible work schedule (as a full-time software engineer working Downtown) and nearly a decade of practice wedging civic activities into a pretty full life.

Laurin, I wish you posted more often. Providing an insiders viewpoint is a great assist to any citizen thinking about applying.

Water Grab: Can’t Happen Here?

John McCain really stepped in it out West. When he suggested sending more of Colorado’s precious water south to Arizona, a broad spectrum of citizens rose up to condemn him.

Water, it appears, is precious, no matter what a Coloradan’s political stripe.

Our own multi-governmental OWASA (Orange Water and Sewer Authority) has suggested we borrow additional water from the Haw River, either from the Town of Haw River, or directly, via a pipeline as suggested by this 2008 Stage 3 drought emergency plan.

A Stage Three declaration will also highlight our preparations for a worst case drought response that will provide for temporarily pumping water from the Haw River to the Cane Creek Reservoir. Unless supplementary water is available from neighboring communities, this will be the most viable option for ensuring that we do not run out of water under worst case conditions. Cost estimates for the temporary system are under development, but will likely be in the $4.5 million to $8 million range, depending on the duration and volume of pumping. Specific funding source(s) have not yet been identified, but any supplemental revenue from the Stage Three surcharges will offset a portion of those costs

$4.5 to $8 million sounds outrageous but pales in comparison to the estimated cost of $50 million to cooperatively tap the ever filthier Lake Jordan.

Over the next few years, Chapel Hill’s citizens have to decide whether they have a firm commitment to “live within our means”, to bound development based on our local carrying capacity or to continue expanding to the extent we have to take other folks vital resources (and further diminish the viability of our natural environments, such as the Haw River corridor). There’s little will to substantively take on the long term consequences of our current trajectory. Even with the incredible conservation efforts our local citizenry and institutions have demonstrated, what was once a Stage 3 emergency will become a daily necessity.

Shipping waste 90 miles or pumping water 30 doesn’t jibe with our responsibility to maintain our community’s footprint within what resources are available. Living within that footprint, especially as energy costs increase, makes great economic sense. But for all the teeth gnashing some local politicos and a few green-washed foundations like to engage in, we have taken too few practical and effective steps to realize that commitment.

Talking about commitment (mental?), I was just looking over some old and new requests I have made of our local elective bodies these last eight years.

From my newest one to the Orange County Board of Commissioners – asking them to begin the process to either site a new landfill or develop an in-county alternative for waste management – to one of my oldest to Chapel Hill’s Town Council – setting a goal to reduce fuel use by %5-10, measuring progress and rewarding folks that exceed our expectations – I’ve tried to push a proactive approach to living within our community’s “means”. Water use, available land, even the ability of a wide cross-section of our residents to pay their property taxes, should all play a part in our decision to expand. The current local love affair with high-density, mixed-use developments has obscured this central concern: there are limits to responsible growth – growth that doesn’t demand “borrowing” (to use a development euphemism) resources from far-afield – and Chapel Hill is quickly nearing those limits.

Still haven’t sold our Council on that concept.

Who needs to wait, though, for a popular uprising? Is the plan to schlep on, continue to rely on a comprehensive plan that lacks the nuance to account for carrying capacity, and build until the taps run dry? Do we dump garbage in someone else’s community until it becomes prohibitively expensive to transport it from ours? Do we limit home ownership to those making well-above our Town and University staff’s median income?

Or do we just wait and wait and wait until our own John McCains “step in it”?

Carolina North Development Agreement Public Hearing Oct. 15th

Tomorrow the Town Council will hold a public hearing describing the basic framework for managing Carolina North’s development over the next couple decades. This is the second meeting discussing the framework. The first was Sept. 25th. Unfortunately, I was the only citizen not directly involved – as either a representative of the Town, UNC or the media – there. Here are my [remarks [VIDEO]].

The proposal couples two legal strategies – zoning and a North Carolina development agreement (authorized by NC Statute 160A-400.20 [DOC]) – to set conditions for the proper build-out of the 250+ acre Carolina North project. Under a development agreement, a developer can be bound to conditions – like fiscal equity – that lie well outside the purview of the zoning process. In return for being bound to what is hopefully measurable performance based goals that have specific remedies for non-compliance, the developer can be confident that the rules of the game won’t change mid-stream.

Other benefits and concerns are covered by Prof. David Owens’ excellent Sept. 25th overview.

The development agreement process is new to North Carolina but has been used extensively elsewhere to create a flexible approach in dealing with large projects instead of insisting on piecewise approvals – a process which tends to introduce uncertainty. If I’ve learned one thing about local development in the last ten years, it is developers – and the University is a major developer – want more certitude in Chapel Hill’s approval process. We’ve had folks willing to jump through as many hoops as necessary to push their project forward but, in the end, have decided on a more mediocre approach because of inconsistency in the current process.

A Carolina North development agreement coupled with one or more potentially new zones could be quite effective and mutually beneficial in managing growth of this 50 year project.

Still, there are questions surrounding the application of this process to UNC’s Carolina North project that must be answered before firmly committing the Town to this approach:

For example, here’s a couple from an email I sent Town Manager Roger Stancil and Town Attorney Ralph Karpinos today:

Hello Roger and Ralph,

I have a few quick questions about tomorrow’s meeting and the proposed resolution the Council is being asked to adopt.

First, will citizen comments on the development agreement framework be taken?

Second, as far as the language of the resolution, does proposing the agreement as the “preferred tool” give the Council some wiggle room if they decide the process isn’t working out? In other words, does this mean there is a built-in “escape clause” or will the Council be bound to follow this approach?

Using a development agreement coupled with a new base zone (or zones) seems like a good and equitable strategy but there are some issues – for instance, how one sets measurable performance goals linked to specific remedies for noncompliance or establishing long-term requirements, like green space preservation, beyond the agreements term – that I would like see resolved before the Town commits whole-heartedly to this approach.

Finally, has anyone considered extending the coverage of the development agreement beyond the borders of HWA?

Along those lines, has anyone explored the legality of including a project approved outside of the Carolina North process, like the Innovation Center, into the agreement? The University is developing the Duke Energy property. Last night, UNC described putting a small power generation center on that property to support their Airport Dr. facility. Any discussion on incorporating the development of that property or of the anticipated modifications at the Airport Dr. facility that will support the Carolina North project into the agreement?

Basically, my concern is that once the physical dimensions of the development agreement are established, any supplementary development in support of the Carolina North project outside of the described property cannot be included under that agreement’s provisions. Because various performance goals, like mitigating water runoff, controlling air/light/noise pollution, managing traffic impacts, etc. are expected to be defined as part of the agreement, I want to understand how these secondary projects can be brought under the same umbrella. If these secondary projects don’t require a SUP or zoning change, I don’t see how the Town has any leverage to encourage a voluntary assumption of the development agreement’s obligations.

I know you both are quite busy but it would be great to have an answer prior to tomorrow’s meeting.

Take care,

Will

encl: Resolution language

“NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council establish the development agreement, with a base zone, as the preferred tool for guiding development at Carolina North; and concurs with the Trustees’ request that June 2009 is a reasonable target date for having established the process for guiding development at Carolina North; and sets the next joint work session with the representatives of the University Trusts for Wednesday, October, 22, 2008.”

http://townhall.townofchapelhill.org/agendas/2008/10/15/1/2008-10-15_r1.htm

I’ll let you know what they have to say. I also have planning to pull together my notes and remarks from the Sept. 25th Special Carolina North Meeting – I’ve got a backlog of posts but I’ll try to get them out ASAP.

Passing Gas

One problem I’ve had in trying to change the way our Town does business is that the issues I’m trying to address – higher energy costs, revenues drying up, development policy that drives diversity from our community, financial instability – haven’t reached a level of concern for the greater community.

I’m a proactive guy, work in an industry that rewards innovation and leading not trailing the pack, so it just makes sense to me to work an issue before it rises to a level requiring crisis management. Trying to raise folks concerns about %10-20 tax increases two or more years before they are implemented is a tough task – doubly so when tricks are used by our elected officials to postpone the inevitable. Trying to prepare folks for the impact of $4/gallon gasoline on the Town’s budget when gas in $2/gallon is a tough sell – doubly so when Council members publicly discount prudent measures in spite of obvious trends.

In any case, I’m just dumb enough to keep trying to work issues prior to a crisis point – it just makes good financial and social sense.

A case in point. I asked former Town Manager Cal Horton 4 years ago for public records documenting fuel use by Chapel Hill’s staff. About the same time, I asked for information on electricity use at each of the Town’s facilities. My idea was to identify specific problem areas, measure policy changes to see how effective our Town’s “green” goals were being met, to look at rewarding staff for impressive reductions in their energy use and basically get prepared for the anticipated increase in energy costs.

This was four years ago when gas was under $2 a gallon.

Four years later, after numerous requests, a new Town Manager, I still haven’t received any of those records. I’m going to make another run at doing that analysis – now in retrospect – to see not only see how we can pare down the cost of operating our Town but to understand if the policies so far adopted have had any direct effect.

Here’s what I asked for Sept. 26, 2005:

3a(10). Will Raymond, regarding Agenda Item #5b, Fuel Supply, Cost and Budget Issues for the Town’s General Municipal Fleet and Transit Bus Fleet.

Mr. Raymond petitioned the Council regarding Agenda Item #5b, Fuel Supply, Cost and Budget Issues for the Town’s General Municipal Fleet and Transit Bus Fleet. He noted he had sent the Council an email regarding the purchase of bio-diesel fuel, and was pleased that shortly after that the Town had purchased 1,000 gallons. Mr. Raymond said that was a “fantastic” first step and hoped the Town would follow up on that, noting that at the present time bio-diesel fuel was 20 to 30 cents a gallon cheaper than diesel or kerosene.

Mr. Raymond said there appeared to be some confusion in the agenda item, noting there had been some discussion that they could burn bio-diesel fuel in their buses, and now they were saying that maybe they could not. So, he said, he had called Detroit Engine that made the engines for the buses, and they were recommending to their customers that a 20 percent blend was “perfectly suitable” for those engines. Mr. Raymond said that Detroit Engine had indicated they would be happy to work with the Town and could possibly get that blend higher. He encouraged the Town to contact them and take that action.

Mr. Raymond also suggested that since they were running at a deficit within the fuel budget that they today start with targeted reductions in the amount of fuel they were using. He said they still have vehicles that idle wastefully, and that yesterday he had observed a Town vehicle left idling for two hours. Mr. Raymond said with the price of gasoline that was unacceptable behavior. He asked that the Council take immediate action to conserve fuel.

THE COUNCIL AGREED BY CONSENSUS TO REFER MR. RAYMOND’S COMMENTS TO AGENDA ITEM #5b.

Harvey Gantt is Black

Only those who dare to fail greatly can ever achieve greatly.

Robert Kennedy

Robert Kennedy’s presidential run is the first political race I vividly remember. Even though I was young, nearly seven when he died, the enthusiasm my mother showed, some snippets of what he said, the way folks drew courage from his words have stuck with me through the years.

“What is objectionable, what is dangerous, about extremists is not that they are extreme, but that they are intolerant. The evil is not what they say about their cause, but what they say about their opponents.”

Robert Kennedy

My mother’s enthusiastic support for George McGovern, apparently the candidate of “amnesty, abortion and acid” (Novak), in 1972 was another watershed moment in my political life. McGovern was not a popular choice in our small, conservative, rural town. Nixon was still popular, though his war, which even touched this small community, wasn’t. His landslide victory, powered by dirty tricks and nasty innuendo, taught me that a well-intentioned, courageous run for office is vulnerable to those willing to use the basest means.

That ’72 race was the first time, though unfortunately not the last time, I felt keen disappointment in an electoral defeat.

At the end of a long campaign, I believe I know our people as well as anyone. Based on this knowledge of Georgians North and South, Rural and Urban, liberal and conservative, I say to you quite frankly that the time for racial discrimination is over. Our people have already made this major and difficult decision, but we cannot underestimate the challenge of hundreds of minor decisions yet to be made.

Governor Jimmy Carter’s Inaugural Address – January 12, 1971

I certainly didn’t know who Jimmy Carter was in 1971 (who did outside of Georgia?) but by his 1980 campaign, the first national election I could vote in, I was an admiring supporter. My first year at college, I volunteered to drum up votes for Jimmy “down East” Carolina (east of I-95). On campus, the “progressive” students were throwing their support behind Anderson. While Anderson’s economic policies, including his effort to invest in energy development, had some appeal, Carter, especially in that hell year of ’79, had demonstrated political courage in talking straight about our country’s problems (including race).

Our people are losing that faith, not only in government itself but in the ability as citizens to serve as the ultimate rulers and shapers of our democracy. As a people we know our past and we are proud of it. Our progress has been part of the living history of America, even the world. We always believed that we were part of a great movement of humanity itself called democracy, involved in the search for freedom, and that belief has always strengthened us in our purpose. But just as we are losing our confidence in the future, we are also beginning to close the door on our past.

Jimmy Carters, 1979 “malaise” speech to the nation.

Reagan won North Carolina by a hair in 1980 (less than Anderson’s %2.85) but had a landslide in the electoral college. I knew that electing Reagan, a harbinger of style over substance in the Imperial Presidency, was a mistake. His many errors, both foreign and domestic, should have ended his presidency in ’84. Sadly, his incredible popularity with young voters, my peers, over those years made me a bit worried about our country’s future. In spite of Reagan’s formation of an illegal shadow “arms for drugs” government to support his Iran/Contra operation, numerous illegalities and other similar anti-democratic initiatives, his version of a “new day in America” wasn’t antithetical enough to cause a populist uprising.

George “I hear nothing, I see nothing, I know nothing! about Iran/Contra” Bush’s win in 1988, after Reagan’s debilitating tenure was more than disappointing.

Worse, the Democrats inability to field a credible defense throughout the 1980’s led me, and others, to realize that our political process had lost the necessary vitality to meet our country’s escalating challenges. Where was the “loyal opposition”? Heck, where was the “opposition”? If I had known that “Mr. Deregulation’s” administration would father the “Smirking Chimp’s” “torture-r-us” madministration that has plague our nation these last 8 years, I would have worked harder in 1988 to oust him. Daddy Bush’s administration became a breeding ground for all the worst war-loving, Orwellian 1984 emulating, Constitution hating champions of kleptocracy that his son let run roughshod over our citizenry.

One of the things I’ve noticed is that we don’t as a general community want to talk about it [racial issues]. We don’t want to talk about it in political campaigns. I’m guilty of that. We don’t talk about it in social settings. WE don’t talk about it in the work place. We used to talk about race a lot more often back when desegregation was being introduced to our society. There were more interracia l groups that said, “What is this going to mean? What is this going to be all about?” Then we quit talking about 1970 and we really haven’t talked since the so-called demise of desegregation laws. And the fact is that need to do more talking to each other, more bluntly, more commonly.

Harvey Gantt, 1996 PBS Black Issues Forum

While the Democrats followed their defeat in 1988 by shedding the best elements of a populist and progressive agenda, finally stumbling upon a charming winner in Clinton, the general level of political discourse continued to devolve. Pioneered by race-baiting weasels, like North Carolina’s own Senator Helm’s protege Lee Atwater, the new politics introduced a mass-marketed vileness that continues to be repugnant to the proper functioning of popular democracy.

In 1990, I threw myself into the campaign to elect Harvey Gantt to the United States Senate. Harvey was a welcome antidote to Jesse Helms. Jesse’s antics were notorious. When my family moved to North Carolina in the late ’70’s I wondered how representative he was of the state as a whole. The only other Senator from North Carolina I knew was Sam Ervin. Ervin, I thought, didn’t want to desegregate the South but stood against calls to infringe upon our basic civil rights. While I grew to respect Ervin during the Watergate hearings, I wondered how the same North Carolinians that elected him could support a demagogue like Helms.

In the ’90 campaign, I had a chance to work directly on reforming North Carolina’s Helmsian reputation. Gantt was a stand-up candidate who spoke directly on North Carolina’s continuing socio-economic divide. As the first African-American elected to the Senate from the South since Reconstruction, his win would be historic. We could replace the race-baiting caricature Helms with a candidate that represented a progressive South.

But 1990 wasn’t Harvey’s, North Carolina’s or my year for progressive reform. The problem? Harvey Gantt is black.

Helms’ Rovian brigade accused the Gantt campaign of running “black only” radio ads, tarred Gantt’s initiatives as communist, claimed Gantt’s support of equal rights for all – including homosexuals (gasp!) – anti-American and capped off their river of crap with this famous “white hands” ad



You needed that job. You were the best qualified, but they had to give it to a minority because of a racial quota.

I put a lot of heart and soul into that Gantt campaign. In a way working for Gantt was an opportunity for a catharsis – channeling the disappointment I felt from years of Reaganism and Reaganism-lite – into a positive attempt to help set a new path for North Carolina.

I wouldn’t come close to putting that kind of effort into a campaign until Gore’s 2000 run. With Bush’s and the neo-cons fortunes rising within the Republican party, I knew that 2000 was a game-changer of an election. It was obvious that the Cheney/Norquist wing of the GOP was salivating over the buffet a new Bush administration promised. Their reckless, anti-democratic, Orwellian policies might have a fighting chance to flourish with the smirking chimp as figurehead. I hoped that Republican stalwarts, like the then apparently honorable Senator John McCain, would temper these radicals agenda.

Not the case, as recent history has borne out.

The Republican Party in North Carolina said Wednesday it’s launching a television ad calling Democratic presidential hopeful Barack Obama too extreme for the state, despite the objections of GOP presumptive nominee John McCain. In an e-mail to state GOP chairwoman Linda Daves, McCain said the advertisement was “offensive” and urged party leaders to withhold the ad.

“I don’t know why they do it,” McCain told reporters on his campaign bus Wednesday in Kentucky. “Obviously, I don’t control them, but I’m making it very clear, as I have a couple of times in the past, that there’s no place for that kind of campaigning, and the American people don’t want it.”

McCain said he hasn’t seen the ad but it has been described to him, “and I hope that I don’t see it.” The advertisement raises the specter of Obama’s former pastor Jeremiah Wright, beginning with a photo of Obama and Wright together and a clip of Wright’s contentious remarks about America.

News & Record, Apr. 23, 2008

Which brings us to today, a short 30 days from our country deciding whether it will be four more years (or more) of a disastrous Bush plus agenda or the promise, but by no stretch an iron-clad guarantee, of real, substantive change.

“Evidently there’s been a lot of interest in what I read lately,” she [McCain’s VP pick Sarah Palin] said. “I was reading today a copy of the New York Times. And I was really interested to read in there about Barack Obama’s friends from Chicago. Turns out one of his earliest supporters is a man who, according to the New York Times, was a domestic terrorist, that quote ‘launched a campaign of bombings that would target the Pentagon and the United States Capitol.'”

Saturday’s New York Times story, an investigation into whether Obama had a relationship with Ayers, concluded that the men were never close and that Obama has denounced Ayers’ radical past, which occurred when Obama, who was born in 1961, was a child. It also found that he has downplayed their contacts.

“This is not a man who sees America as you and I see America,” Palin said of Obama. “We see America as a force for good in this world. We see America as a force for exceptionalism. … Our opponents see America as imperfect enough to pal around with terrorists who would bomb their own country.”

Mercury News, Oct. 4th, 2008

Pal around with terrorists? Unconscionable though not unbelievable coming from the well-oiled Republican smear apparatchik.

The children of Helms, notably Rove, casually display such villainy as part-and-parcel of their practice of politics. That McCain, who was on the receiving end of similar Rovian sponsored lies during his 2000 South Carolina primary (“Would you vote for McCain if you knew he fathered an illegitimate black child?”), is so desperate to win should be caution enough to reject his run but I know better.

Nearly forty years of my own personal history of American politics has taught me that the tactics of smear, the strategies of the non-answer answer, the closing of the ranks, the avoidance of the media, the “big lies” (here’s 107 from McCain), backdoor racism (Bobby May[PDF]) can work their magic on the ill-informed, detached, jaded, cynical, prejudiced and selfish parts of our American electorate.

Yes, Obama’s prospects appear to be on the rise. The day for change, at least in the presidency, might be upon us. But nothing is sure (still time for our own Gulf of Tonkin in the Hormuz Straits).

And if Obama wins, the battles – as the recent $850 billion Wall St. giveaway Democatic cave-in demonstrates (read Keillor’s “They’re Stealing from You and Me — Where’s the Outrage?” or listen to Kucinich on following the bull) – will continue. The war to wrest control of the Congress from the hands of the powerful to those of the people will be hard fought. To win we need a strength of character from our elected officials that we haven’t generally seen this last decade.

If the battle be won, I’m not as confident as I was when I started voting in 1980, that the governed are that interested in the quality of their governance. Recent Chapel Hill politics have provided a few examples of Carter’s malaise.

Then again, I don’t plan to withdraw or cede ground. And I certainly won’t give up either nationally or locally on a citizen-led democracy.

“It is from numberless diverse acts of courage and belief that human history is shaped. Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring those ripples build a current which can sweep down the mightiest walls of oppression and resistance.”

Robert Kennedy, Day of Affirmation Address, University of Capetown, South Africa, June 6, 1966

Trash Talk: Will We Stand United?

A Lion used to prowl about a field in which Four Oxen used to dwell. Many a time he tried to attack them; but whenever he came near they turned their tails to one another, so that whichever way he approached them he was met by the horns of one of them. At last, however, they fell a-quarrelling among themselves, and each went off to pasture alone in a separate corner of the field. Then the Lion attacked them one by one and soon made an end of all four.

Aesop, 6th Century BC

Had an opportunity tonight to listen in on a group of concerned Hillsborough and southwest Orange County citizens discuss the potential siting of the trash transfer facility in their neighborhoods (Eno River Economic Zone – 2 sites and Hwy. 54 corridor – 3 sites).

A number of issues were raised at the meeting: apparent bias in site selection, the “surprise” announcement of the sites on Hwy. 54 and the Hillsborough zone, weighting of access to water and sewer hookups sans cost of making those connections, inadequate traffic studies, confusing or misapplied scoring of technical criteria, whether the BOCC would implement the more costly enclosed transfer site design previously proposed for Eubanks or shave some costs by going with an open pavilion, concern that Chapel Hill’s/Carrboro’s increased transportation costs were improperly used to justify removing Durham County’s transfer site from consideration, underestimation of water use (500 gals. a day!), possible “hidden” reasons for acquiring 82 acres ($7.5 million the current asking price) instead of a smaller tract, if incineration and ultimate in-county disposal got due attention and a slew of others which I’m sure the Rogers Road community are well acquainted with.

Nathan Robinson, the environmental engineer I wrote about Sept. 16th, a founding member of Orange County Community Awareness, gave the clearest deconstruction of the current solid waste transfer site selection mess that I’ve seen. Orange County’s consultant, Olver, should review his presentation to improve their own dog-n-pony show.

Nathan quickly out-lined the dimensions of the issue, discussing what a solid waste transfer site does, how it is laid out, managed and maintained before launching into an analysis, from his professional viewpoint as an environmental engineer, of the problems associated with the current siting process.

Nathan’s concerns mirror a number of mine, especially in terms of the weighting of the selection criteria, the incredibly confusing community criteria feedback procedure, biased scoring of the technical criteria, analysis of environmental consequences and the evaluation of Orange County’s waste creation “center of gravity” (my Mar. 9th, 2007 post on that issue: 2035 Orange County’s Garbage Center of Gravity? ).

As folks that have read my ‘blog know (or have heard me whinge on about local issues elsewhere), I promote reality-based decision-making using measurable criteria. Not all issues are amenable to this approach. Sometimes you have to make a subjective call – say as to the weighting of the importance of environmental justice in the current transfer site process. As I noted a couple years ago, the previous decision by Orange County’s Solid Waste Advisory Board to plop this new facility back on Eubanks sorely lacked rigor, objectivity and transparency.

I questioned SWAB’s ability to make a sound decision because they didn’t generally use objective, understandable, measurable criteria – technical or otherwise – and what criteria they did use were inequitably evaluated differently depending on context and perceived necessity.

Because of that disconnect, I lobbied the Board of Commissioners (BOCC) to create a more thoughtful process grounded by sound engineering principles, guided by community standards. I was encouraged by the process they adopted, but, just as the BOCC themselves admitted on return from their summer break, greatly concerned by Olver’s implementation.

The folks of Rogers Road shared my concerns and expressed their uneasiness at the BOCC’s Sept. 16th meeting.

Of the concerns expressed and the comments made at the meeting, two need serious highlighting.

First is the statements by Hillsborough’s elective folks – like Mayor Stevens and Commissioner Gering – to this community that “they didn’t know” about the process or potential siting of the solid waste facility near Hillsborough. I attended several Assembly of Orange County Governments meetings where these issues got a thorough airing. As a quick Google of minutes of these meetings document, Hillsborough’s reps had to know that these sites were in-play.

Second, and really the most encouraging of all the comments, was Nathan’s call to adopt a united and collaborative approach in dealing with these outstanding issues.

He said, clearly, that he has come to understand the depth of Rogers Roads concerns, their 36 year struggle to simply have promises made – promises completed. He said, clearly, that equitable environmental justice was a relevant criteria and that this was not a battle between neighbors. When a few comments from the folks assembled veered into the “us versus them” realm, Nathan and some of the other organizers rose to say that their emphasis was on the overall process – their focus to get an reliably objective analysis within the established criteria and remove the confusion around the more subjective components of Olver’s mission.

Finally, and the most heartening of all, Nathan said he was meeting with Rogers Road resident (and champion) Rev. Campbell today to see how they could work together. I well remember the landfill expansion fight – which pitted neighbor against neighbor. An attempt to avoid that rancor from the outset gives hope the community won’t fracture. Interestingly, the folks around the county starting to deal with UNC’s new airport authority, already recognize that a united approach is a better approach.

My hope? That the BOCC improves the process. That they realize that the solid waste transfer decision is a beginning. And they work knowing how these issues are resolved will set the template for the new landfill selection process.

If you’re just stumbling upon my site and want some background, here’s a few posts and links to get you up to speed:

Additional posts on the issue are available by doing a search on “trash” from the sidebar.

Twisting the Zoning Pretzel

Tonight I asked the Council, once again, to reconsider cutting corners in the zoning process to push their “dense” development agenda.

Just as in this Spring’s approval of the new TC-3 zoning district (A Matter of Process: Greenbridge and Council’s Devolving Standard of Public Review), the Council is trying to slide through a far-reaching zoning modification to favor another RAM Development project.

RAM Development is the Council’s development partner in the ill-fated Lot $5 public/private partnership (a partnership where the public literally gets the shaft and RAM gets all the gold [Downtown Initiative: $500,000 here, $7.3 Million there, pretty soon we’re talking real money…]).

TC-3, which doubled the allowable density and increased the height limits by %50 of projects built Downtown was tagged to the popular Greenbridge projects approval but its real raison d’etre was to get Lot $5 over a SUP (special use permit) hurdle. What was clear, then, especially if you review secret negotiations, the Council’s negotiating team (Strom, Hill, Greene) failed to get RAM to commit to all the requirements the Council had asked for whether reasonable or not. The team had painted themselves into a corner, in a sense, because they had publicly stated they would not approve a SUP granting the height, density and other extraordinary specifications that RAM wanted (specifications tailored to enriching their bottom line at taxpayer expense) without a commensurate quid pro quo.

Empty handed, unable to get a deal which would satisfy their already announced SUP requirements, they created a new zoning district, rammed it through without extensive public review and applied to their own pet project – Lot $5 – to close the deal.

Tonight the Council proposed using the same tactic, in this case twisting an existing zone (Residential-Special Standards-Conditional Zoning District) developed in 1999 to promote affordable housing, so that they could apply it to another RAM Development project – The Residences at Grove Park of which I have written about several times.

Over two years ago, in fact, I asked Council to be as Caesar’s wife – beyond reproach – when dealing with other projects from their business partner RAM Development.

Carefully tailoring a zoning ordinance modification that, as our own Planning Board said “appears to be in direct response to the proposed Residences at Grove Park developments and therefore may not be well suited for other areas of town”, doesn’t instill confidence in the integrity of our zoning process.

Why does this project, which wipes out 111 affordable housing units and replaces them with 300+ luxury condos get this particular special treatment?

Here are my prepared remarks (which I tried to consolidate as, once again, the Council collapsed two public hearings into one possible confusing tangle):

What we have tonight with these proposed zoning modifications is a set of vague requirements with no backing metrics. Essentially, you are being asked to loose the “specialness” of the Residential Special Standards zone.

The original intent of RSSC zone was to promote affordable housing.

Tonight’s proposal is all about a 3-fold increase in density to satisfy your development partner’s, RAM Development, desire to maximize their profits in selling more luxury condos at the community’s expense.

But, like the Council’s decision to pass TC-3, modifying the RSSC opens the doors to all developers to follow your business partner’s lead. Without the specific, measurable standards, it will be quite difficult to measure if the promises made in granting a zone are actually carried out.

#1. Promoting affordable housing.

This Council has more and more accepted in lieu payments over actual square footage. How will this project be any different? Is there a commitment to accept 26 units? And based on RAM’s own projections, in no way are these units as affordable as the existing housing stock.

#2. Promote sustainable transportation.

What, specifically, is so much more extraordinarily different in RAM’s 425 Hillsborough proposal than existing transportation conditions? Nothing. Without setting specific goals or guidelines, how will we ever know?

#4. Protection of the natural environment.

RAM’s project, as currently designed, has significant impacts on the health of Bolin Creek. During the buildout and occupancy of these condos, significant changes – changes not accounted for in the current plan – will negatively affect the surrounding and downstream environment. There are already sanitary sewer issues along that part of the system, where’s the request to study the impact of Hillsborough 425 on that system?

#6. Protection of adjacent neighborhoods. [I made an aside to Sally Greene since she had raised concerns about the appearance of UNC’s Innovation Center fronting MLK,Jr.: …this is a big project..it will be the visible entranceway to our Downtown…it will loom above the historic neighborhoods behind… ]

Like TC-3, the proposed modifications are pushing an agenda that will have far-reaching effects on adjacent Downtown neighborhoods. Pass the modifications and you are opening up the flood gates to radical changes at odds with Chapel Hill’s current character. Let’s give the public a full opportunity to understand the breadth of these changes.

#3. “Promotion of a healthy downtown and healthy neighborhood commercial and employment centers;”

Does this mean displacing the hard-working folks from what little remains of privately owned affordable housing stock and replacing them with rich retirees and wealthy student havens? What guarantees do we have that the residents of these 300+ luxury condos represent greater economic reward for Downtown? Like Lot #5, do we expect RAM’s targeted demographic to increase employment Downtown? Or will, given the cost of these units, will the workers commute to RTP – defeating the transportation initiative?

[Another aside in reference to RAM’s point mans statement that only 3 non-student leasees live at Town House] As far as the 100 students you will displace. I’ve known folks living at Town House…students…they work in our community….they have jobs….] (this trivialization of the student population of Town House just shows how RAM Development feels about Chapel Hill – it’s a fattened goat – with a sleepy goatherd – ready for the roasting].

What is so special about this project to justify a modification in the zoning laws to allow not only your business partner but every other developer wishing to cash in on Chapel Hill’s diminishing cachet from making the same vague assertions? Once you open the door, you cannot favor RAM over others – unless you want to invite lawsuits.

Which brings me to my final issue with tonight’s proposal.

This is the second time this Council has been asked to modify zoning regulations to favor their business partner RAM Development.

The first time, with TC-3, the majority of this Council were willing to open the door to long-range negative changes Downtown – radically allowing increased density and heights Downtown – with the costs passed on to us – the taxpayers.

The appearance of favoring RAM, your development partner, once again calls into question the integrity of the Town’s zoning process.

If this project is so special as to require modifications, let it be under the current zone. Make RAM make the case – cross every T and dot every I – and set specific, measurable requirements for granting variances so that the public remains confident that one, they are getting a good deal and two, that favoritism played no part in the final outcome.

Councilmember Mark Kleinschmidt said I was “being mean spirited” highlighting that this is the second time that a proposal was made to modify the law – the zoning ordinance – to favor the Council’s business partner. I wasn’t being mean-spirited, I was being frank.

What would I do differently?

I agree that the RSSC needs to be updated to reflect current density expectations. Would I go from .4 to 1.10, not without an escalating scale of extraordinary requirements and not outside the original intent – to foster affordable housing. For great rewards, go great responsibilities.

What about higher density, transit-oriented developments? I would take another stab at creating a new zone, as the Council failed to do this Spring, that captured the requirements – and as importantly – set specific measurable metrics – for a new zone. I would then invite community input – have outreach events as UNC has done with Carolina North – and then hold extensive public hearings to “sell” this new zone to the public. No more of this under-the-table gamesmanship.

What about adding the six new comprehensive plan related requirements as proposed by staff to this new zone? Great idea if it can be done to foster appropriate in-fill development throughout Chapel Hill.

What I wouldn’t do, and what I really hope our Council stops doing, is to attempt to make far-reaching, potentially harmful modifications to our Town’s zoning ordinances, without informing and educating our public.

Council “Off the Rails”

I broke my silence at this evening’s Town Council meeting.

All throughout the Spring I’ve tried to ignore the Council’s accumulating messes. It was difficult.

The Mayor and Council acting “shocked” by the financial predicament we’re in – something I’ve been forecasting for the last 4 years. More “shock” that the drought has real impacts on the community’s growth and well-being. Greater “shock” that gas hit $4 a gallon, the housing market slumped, credit is tightening and many of the other underpinnings of a successful, sustainable community are lacking.

I’ve tried these last 5 years to get them to move on the obvious deficiencies but….

Anyway, the recent mountain of excuses that some of them have spewed about why our Town is ill-prepared and the ascendancy of political gamesmanship over good – transparent, accountable and HONEST – governance was just too much to keep quiet any longer.

Here were my prepared remarks:

The criticism the Council has heard surrounding their attempt to extended health benefits seems to fall into two basic areas: one, it is another example of the current Council’s fiscal irresponsibility and two, the impropriety – really, the sneaky fashion – that the extension was introduced: burying it on the consent agenda – introducing it at an end-of-term meeting – a meeting with plenty of distracting issues – omitting previous public discussion or disclosure.

As you are well aware of, I’ve been pushing for greater transparency and accountability in our local governmental process which is why I think a number of citizens have contacted me to discuss both of these issues.

First – let us be absolutely clear.

While the Council has said that putting forward a self-serving policy with no public oversight was a “mistake” – the papers and radio are full of their abject apologies – let us recognize that while it definitely was a “mistake” it was not – in any fashion – an accident.

Tonight, I’d like to focus on this unfortunate continuation of a troubling trend – a growing use of political gamesmanship by some of the longest serving of the Council to deflect public attention from questionable or controversial issues. What may be excellent strategy to the benefit of a few is terrible public policy.

I’m sure the more experienced of our Council are counting on public concern about this issue to abate over the summer – that is part of the strategy. I’m sure that those that have said it will have little political impact on their re-election are quite correct.

We have seen tempests like the awarding of a no-bid contract to Member Strom’s campaign treasurer blow over. We have seen public outcry over the Mayor’s request to remove term limits from his office quiet quickly. Public concern about the Mayor and Council’s recent handling of the possible conflict of interest that one of the Councilmember’s family had involving RAM Development – the Town’s partner in the fiscally irresponsible Lot #5 project – seem to dissipate rapidly.

Over the many years I have observed this Council, I have noticed more and more of late – a willingness to cut ethical corners, to delay or deny public awareness of problems – to drag their feet on practical, needed improvements increasing transparency in the political process.

Yes, it is easier to cut those corners, to delay bad news – as many of you did when you borrowed from the Town’s rainy day funds, drained our much needed fiscal reserves and put our bond rating in jeopardy.

The pattern these last 4 years has been to deny the known fiscal impact of the bonds, to trivialize the financial jeopardy the Lot #5 boondoggle puts our Town in, to pretend that the cost-overruns on the Town Operations center or the foreseeable increase of gas to $4 a gallon and many other obvious trends were not going to affect this community.

Now we’ve seen the culmination of these self-inflicted “mistakes” in this year’s tax increase. Yet, as another example of the same type of political gamesmanship that brought us the health insurance debacle, the Mayor and others on the Council continue to claim this year’s increase is an aberration – knowing fully well that more bad news is on the horizon.

The measure of ones character, they say, is how you behave when no one is paying attention. I’d add that it is also a measure of ones political character if you not only talk about greater transparency in the political process but actually support it with policy changes.

What to do, then? The majority of this Council accepted the recommendations of the now defunct Technology Advisory board on opening the governmental process – shedding more light in greater detail of our Town’s operations. Stop dragging your feet and implement those recommendations.

As I’ve been asking for the last 5 years, deliver a complete and accurate agenda 7 days prior to a business meeting. No movement on zoning or budgetary items requiring modification within those seven days. Stop burying unpopular items – like the health insurance issue – in parts of the agenda that few rarely review. Don’t mix creation of zoning districts with far-reaching affects in with zoning modifications for a particular project – like you did with Greenbridge – something, by the way, Councilmember Thorpe agreed with.

Overall, you should take the summer to think about what kind of political character you wish to be remembered for. Are you going to take the easy way out – continue your growing reliance of political trickery to the public’s detriment – or are you going to push to make your job more difficult – require and respond to greater public oversight?

I tried to keep it less than 3 minutes as I didn’t want Jim Ward – who had already sternly lectured the citizenry about keeping it short – to give me hell for going 19 seconds too long.

I had to shorten my remarks – not sure how they came out. I’ll post the video when it’s available.

Council Oblivious: How Long Must This Go On?

There’s been racial tensions within Chapel Hill’s public works department for many years. During the last ten years I’ve heard and read about some quite troublesome behavior. I faulted former town manager Cal Horton’s “silo” style of management for covering up rather than resolving some rather nasty bits of racism. With Roger Stancil coming on-board (he got some good marks from Fayetteville’s NAACP), a reshuffling of Horton’s old lieutenants and a turnover of management personnel at the top I expected Chapel Hill would finally strengthen some basic job-related protections.

It appears not.

This graffiti (and other samples like it) have appeared in the Town’s new operations center (that costly bus barn) with some regularity over the last 6 months.

This example appears to target a particular employee that has been involved in organizing the workforce.

Tonight, Councilmember Mark Kleinschmidt did a bit of political theater – properly showing his ire at the affront then launching off into a bit of grandstanding about how he’d metaphorically throttle the offender, etc. Colleague Bill Thorpe also rose and said his piece though his was a bit more rambling (both which I’ll post as the video becomes available).

As I sat there through their outrage – and the polite applause that followed (“all good folks hate racism, right?”) – all I could think of is “Where the hell was that outrage before?”

Mark’s been on Council 6 years, Bill Thorpe served back in the bad days and 3 years this term. We’ve had news reports, civil rights lawyers – like Al McSurely, the NAACP’s Fred Battle, citizens and town employees coming before Council complaining about racial tension for years but what progress have we made?

Yes, I know we have a more balanced workforce, etc. but if the Town hasn’t been able to deal with this graffiti for months where does the Town really stand?

The Council needs to get off their seats and up to the Town Operations Center and talk directly with the good folks doing the day-to-day work of running our Town because if this crap is going on in the bathrooms, imagine what other kind problems – racial or otherwise – are going on within the Town’s workforce.

Mt. Bolus Rocks the Vote

Just got back from the Chapel Hill Library where, at roughly 7:15pm, my wife and I were the 83rd and 84th voters in today’s primary run-off. Heard from a few folks throughout the day that turnout was abysmal. One of the poll-workers told us that there were only 324 early votes STATEWIDE!

Ellie and I are voting fools – I have voted nearly every election since 1980 – but we’re not the only ones in town. Chapel Hill has some very nice neighborhoods, our former one on Barclay Rd. for instance – but we think (like probably a lot of people think about their own neighborhoods) that there’s something special about the Mt. Bolus community.

When we gave the poll-worker our address she said that the folks in our neighborhood had really turned out today. I wasn’t surprised.

Being surrounded by a bunch of frequent voters won’t help our homes resale value or slow the progress of the road’s pine weevil infestation but it reflects a sense of civic responsibility that we should appreciate and applaud more loudly.

Health Insurance Is Not The Issue

Quick response to the Council’s recent “health” problems.

I appreciate your interest. I’ve had a number of folks ask me if I was surprised by last week’s debacle. I wasn’t. The inclusion of this item on the agenda was no accident and is reflective of this Council’s willingness to manipulate the process to get their way. From my experience, those serving longest are generally the most likely to perform this “sleight of hand” – willing to cut corners at our citizens expense.

For years I’ve asked for a few key reforms that would introduce greater transparency and lessen the political “gamesmanship” that some on the Council have substituted for good governance. In fact, reforming the way agendas are created, published and used has been part of my platform these last two campaigns (might’ve been nice to get a little coverage on that over my going 19 seconds too long answering a forum question 😉 ).

Why have I been so concerned? I’ve probably read more agendas, more supporting documents and more published commentary than most citizens – probably more than some of our sitting council members. Trying to respond to these items – many which slip under the medias attention – in less than 2 or 3 days is difficult at best.

How would I change the agenda process?

First, publish a complete agenda 7 days prior to a Council business meeting. Complete means the complete text of ordinances, all appendices, supporting documents and other relevant evidentiary artifacts. The only modifications allowed prior to a meeting would be correcting typographical errors or adding elements to non-substantive items – essentially notifications, commendations, citizen comments, etc.

For deciding issues requiring public hearings, I wouldn’t allow any modifications without an opportunity for further public comment. For example, substantive changes were introduced to RAM Developments’s agreement on Lot #5 minutes before the final Council vote. Neither the press or the wider public had any opportunity to review or comment – positively or negatively – on these changes which had fiscal and policy impacts. That’s a disservice.

I also wouldn’t allow modifications to the budget items requiring approval less than 7 days prior to the vote.

Seven days is not a lot of time for folks holding down a full-time job or with a busy family life. If we want greater transparency and participation, we owe our citizen’s that brief time to digest policy proposals.

Second, I would restrict substantive issues to those parts of the agenda open to public comment and not “hide” them on the agenda. As this latest debacle illustrates, it is easy to “game” the public by burying substantive items in the consent agenda. This isn’t the first time by any stretch. Worse, Mayor Foy has developed a growing tendency to skip citizens who want to speak on consent agenda items.

Third, I wouldn’t hide substantive policy changes by wedging them within other voting contexts.

One recent example, the Council creating a new zoning district for Downtown within a hearing and decision on variances for the Greenbridge development. I’ve had quite a few people express alarm that the height and density limits Downtown were dramatically increased. They were further troubled because it wasn’t obvious that a decision on this fundamental change to our Downtown’s character wasn’t introduced or debated on its own merits.

The timing and placement of this item on the agenda – wedging it in the middle of another set of decisions – was not accidental and was pure political gamesmanship by Mayor Pro Tem Strom and others. Terrible public policy – a repudiation of his and others commitment to open and transparent governance. Bill Thorpe agreed with me that night and said Council shouldn’t continue this practice.

Fourth, I would make sure that decisions on related items are grouped together. For instance, Council approved the contract and modifications to Lot #5’s plaza art project – as part of the consent agenda by the way – before approving the project itself. The timing of the vote on that approval came later the same evening. In other words, the Council created a necessity for further approval of the project by creating a financial obligation.

Following my questioning this approval, one of the members questioned the Town’s attorney on the legality of this out-of-order decision but none challenged the propriety.

There are a few more that have to do with easing citizen access, highlighting changes between different incarnations of agendas, etc. which I probably should ‘blog further on now that you got me started….

Finally, I’ll be coming to next Wednesday’s meeting to challenge Council – again – to fulfill their promise for greater transparency. I will also be asking for a full and complete accounting of how the health insurance item came to appear on the consent agenda. This was no accident or oversight.

By the way, while I wasn’t surprised that political expediency took the upper-hand – an evolving trend among members like Bill Strom – I was delightfully surprised and heartened by the outpouring of citizen concern. It would’ve been nice if these citizens’ critique was met with more solicitude.