Category Archives: LocalPolitics

Local politics as it might or might not pertain to the 2005 campaign.

Election 2007: Why I’m Running For Council

Two years ago I ran for Town Council on a platform emphasizing innovation, creativity, responsibility and community involvement ( Campaign 2005 ). In the two years since, I’ve continued to participate in local affairs – praising the good and working to prevent the bad in process and policy.

But today’s campaign platform, like that of two years ago, isn’t built on correcting our current Council’s mistakes but upon a foundation of specific, measurable, verifiable measures to enhance our residents future and preserve the charm that has made Chapel Hill a “Southern Part of Heaven”.

Why run? As a member of several Town advisory boards, a close observer of our governmental process and an activist interested in improving upon our Town’s successes, I have become more and more concerned as our leadership strayed from some bedrock principles of good governance.

As a member of Council, I will promote policies that speed the wheels of progress, that increase the level of citizen participation and that will set a new course for Chapel Hill’s Council.

What, specifically?

In the next four years I will work hard to make sure our Town’s fiscal policy doesn’t continue to be dictated by political expediency. Transparency, openness and inclusiveness will be first and foremost in developing our Town’s budget.

We can’t borrow from tomorrow’s seed corn to pay today’s debt. We can’t dip into our children’s college fund because we’re not willing to tighten our belts. We must build our financial foundations on sturdier grounds than the expectation that next year will always be better than this year – that housing values will forever escalate, that sales tax surprises are right around the corner.

We are entrusted with our citizen’s hard-won dollars, not “units” to be extracted as needed, and every action we take must reflect that recognition. When we negotiate and then take on a new burden on our citizens behalf we owe them a regular and accurate accounting. We should err on the side of caution and not become so obsessed with grand dreams so as to dispense with good sense and good policy.

Affordable housing should mean housing – square footage on the ground. We cannot continue our Town’s addiction to payments in lieu. We must be prepared to accept housing when it becomes available – to be nimble and flexible in adapting to current conditions.

And while affordable housing is important, affordable living must be our first and foremost goal.

Our town has adopted policies that are driving diversity from our community. In our rush to support gold-plated condos and a caviar lifestyle we’ve forgotten that our Town’s historical constitution and strength is born of a wide cross-section of interests and means.

Affordable living necessitates policies that encourage folks to stay awhile. We need a new attitude that supports our long term residents in keeping their homes and our newest residents in their desire to move from transitional housing to homes.

Leadership does not mean going it alone. Our community is blessed by many resources, our citizens being a source of strength and talent we cannot continue to ignore. We must not wait for them to come forth but nurture their involvement – and take their counsel even when it goes against our initial impetus.

Finally, when we call on others to do what’s best – environmentally, social justice, human services – we must lead by example and not resort to “do as I say, not as I do”.

Why boot the incumbents?

In the last 18 months, we’ve seen some of our Council become so enamored, even obsessed, with their Downtown development plans, that they’ve wavered from their obligation to maintain our Town’s sound fiscal foundations.

Delay is a matter of course for this Council. Just two weeks ago the Council received an independently conducted technology assessment that called for a number of innovative, cost reducing, improvements that I, other concerned citizens and our now disbanded citizen-led Technology Advisory Board had made more than 5 years ago.

And rather than make key structural and organizational changes in the way our Town functions, they pushed off to tomorrow what needs to be done today.

As we know, delay costs. In some cases, delay costs dearly.

Over the last few years, while the Council has maintained their policy of citizen comment on the issues before them, they have become partially deaf to critiques of their plans. Nothing sounds so sweet as the chorus of “yes, yes, yes” but paying attention to the “nayes” can strengthen any policy. Add to that recent examples of political gamesmanship and imprudent streamlining of public hearings to see how citizen discourse and debate has taken a backseat to winning their way. Public policy has suffered.

Though potentially ego bruising, integrating citizen feedback can only make our government work better.

Beyond ignoring professional assessments from the professors of UNC’s Kenan-Flagler business school on the Lot #5 development debacle, this Council has stood quietly by while the Mayor dispensed with the Horace-Williams Citizen Committee (HWCC). The HWCC, of which I was a member, stood poised to make additional, substantive, contributions, from am informed citizens perspective, on UNC’s Carolina North project.

Some Council members appeared worried, that they couldn’t control the outcome of this committee’s work.

Certainly an independent and non-political analysis might yield answers that this Council didn’t want to hear but, again, that leads to poor results. Results, for instance, like the Lot #5 money-pit, underwritten by our residents, carrying a quickly escalating citizen borne commitment of $20 million – a project whose primary beneficiary is a private development company.

Yes, the Council does sometime listen. Candidate Hill took my suggestion to make Lot #5’s affordable housing more family friendly and ran with it. And the Council, after years of lobbying by folks like myself, did decide to invest in community-owned networking infrastructure to meet the economic and social demands of a new century. Yet, in-spite of assurances to the contrary, they have yet to involve the community in this vital community serving project.

What of the Downtown Parking Task Force, on which I served? Trying to resolve some of the parking misery in our Downtown district, this committee did some of the best work I’ve ever seen any board perform over the 7 years I’ve closely participated in Town affairs. Members of this task force were eager to continue – to help with the implementation of a number of no-cost or low-cost improvements to make our Town center more inviting, more friendly.

While this groups practical advice was put aside (for now we hear), the committee’s recommendations to reduce the cost of parking became, perversely, a call to raise parking rates Downtown.

“What’s the matter with raising prices by ‘two units’?” as one Council member asked. “Units”, it appears, is how the current Council sees our citizens and visitors hard-earned dollars.

Again, political gamesmanship, closing ranks, trying to bolster this year’s incumbent candidates prospects, overrode good and fair public policy. At least the work of that committee hasn’t been added, as one long time resident and board participant commented, to the “stack of dusty reports” generated by our advisory boards that litter Townhall.

One incumbent Councilmember, Bill Strom, recently complained that he couldn’t work with the Orange County Board of Commissioners to set policy.

He has had eight years to work on that issue, and so many more, how would eight more years of Bill or four more of Cam and Sally, benefit our community? I expect a flurry of proposals this Summer from our incumbents and my question to them will be simply “Why are we just now hearing about this? Why wait?”

The trend is set. These few of many examples show a Council that has lost their way.

Over the next few months I look forward to, once again, meeting with our citizenry, to discuss how our Town can maintain its charm while becoming not only an even better place to live but a sustainable, growing, vital and creative community that will lead others by example.

Jacobs to Strom: The Homeless Shelter Remains A Spasm in Chapel Hill’s Lower Back-side

“The communication between the two governments within the same community has been spasmodic and not effective.”

— Orange County Commissioner Barry Jacobs after Chapel Hill Town Council member Bill Strom criticized the county this week for not working more closely with the town on finding new locations for a children’s museum, men’s homeless shelter and District Court.

Via the Chapel Hill News.

Bill kind of rattled on, as you can see [Granicus WMV], about the lack of coordination between the Town and the County – notably, in this case, working to re-site the Men’s Homeless Shelter.

What could’ve Bill done over his last eight years to make sure we don’t “spin our wheels” with the Orange County Board of Commissioners when the Town needs their help? Or that Council doesn’t end up with the BOCC using their “75 years” of collective political experience to “bury us 25 feet under in process and procedure” when we call for assistance?

His complaints about “burying” folks under “25 years of procedural manipulation” is ironic given Mayor Pro Tem Strom’s shelving of a request for real accountability on the Lot $$$5 development project.

Given the sad state of communications and cooperation between this Council and our current Board of Commissioners, Bill is right to call upon the Town and our Town Manager to create a Plan B for the Men’s Shelter’s relocation.

Eight, maybe ten years into the discussion, the BOCC continues to reject Homestead Road’s Southern Human Services Center as a viable location and we still don’t know where to site this necessary shelter. Yes, maybe we can wedge in a facility at the Town’s new Operation Center but, at least to me, that begins to verge on “warehousing” these folks out-of-sight in lieu of attacking the underlying problem head on.

By the way, Bill might have been a little testy because it was late and I had just reminded him that his grand obsession with the white elephant that is the Downtown Development Initiative’s Lot $$$5 project was going to hurt our community in order to bolster RAM Development’s bottom-line.

Whatever the reason, he’s had eight years to improve the lines of communications. I’ll be interested to hear how he proposes to improve the situation if he’s given another 4 years on Council.

Election 2007: Public Financing Next Cycle?

As reported in today’s N&O, Chapel Hill is on track to be granted permission to create and use voter-owned elections for our municipal races.

I’ve supported this and other efforts – cumulative voting, super-precincts, same-day registration – to open up access to local office and generate the greatest participation possible.

The Senate approved HB143 and is sending it back to the House for final ratification.

AN ACT to
define a uniform program of public campaign financing and to authorize the town of Chapel Hill to conduct such a program.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 163‑278.6 is amended by adding a new subdivision to read:

(17a)  The term ‘public campaign financing program’ means a uniform program of a governmental entity that offers support for the campaigns of candidates for elective office within the jurisdiction ofthat governmental entity under the following conditions: (i) the candidates participating in the program must demonstrate public support and voluntarily accept strict fund‑raising and spending limits in accordance with a set of requirements drawn by that government, (ii) the requirements are drawn to further the public purpose of free and fair elections and do not discriminate for or against any candidate on the basis of race, creed, position on issues, status of incumbency or nonincumbency, or party affiliation, (iii) any public funds provided to candidates are restricted to use for campaign purposes according to guidelines drawn by the State Board of Elections, and (iv) unspent public funds are required to be returned to that governmental entity. Funds paid pursuant to such a program are not subject to the contribution limitations of G.S. 163‑278.13 and the prohibitions on corporate contributions of G.S. 163‑278.15 or G.S. 163‑278.19 but shall be reported as if they were contributions in all campaign reports required by law to be filed by the campaigns receiving the payments.

SECTION 2.  Article 21 of Chapter 160A of the General Statutes is amended by adding a new section to read:

§ 160A‑499.1.  Uniform, nondiscriminatory program of public financing of election campaigns.

(a)       A governing body of a city may appropriate
funds for a public campaign financing program as defined in G.S. 163‑278.6(17a) for city office in that city’s jurisdiction if the city has held at least one public hearing on the program before adopting it and the program is approved by the State Board of Elections. The State Board of Elections shall develop guidelines for the basic components needed in a program to meet the criteria set forth in G.S. 163‑278.6(17a) and shall approve a city’s program that meets the criteria. Any city exercising authority under this section shall provide full notice to the county board of elections in any county in which it has territory.

(b)       The governing body of a city
appropriating funds as provided by this section shall prepare a report no later than six months after the second election in which it appropriates funds under this section that analyzes its experience in implementing a public campaign financing program by that date, including percent of candidates participating in a program, sources and amounts of funding, litigation involving a program,
administrative issues, and recommendations for changes in this statute. The report shall be presented by that date to the Joint Legislative Commission on Governmental Operations, to the Fiscal Research Division of the Legislative Services Office, and to the committees in the House of Representatives and Senate to which election‑related bills are primarily referred.

SECTION 3.  This act applies to the Town of Chapel Hill only.

SECTION 4.  This act is effective when it becomes
law and expires July 1, 2012.

Money can be a big factor, and folks like myself that can kick in some seed money to get their campaigns rolling have an advantage.

Mayor Foy’s 2001 race against Lee Pavao set a troubling standard ( Democracy North Carolina’s “Campaign Costs Skyrocket in Chapel Hill – Spending By Mayoral Candidates Has More Than Tripled Since 1995” [PDF]) that, luckily, has been approached but not yet exceeded.

Council member Mark Kleinschmidt (whom I ran with in 2005) said of the passage

“Campaign public financing will allow our elected officials to better reflect the widespread diversity of ideas and people that exist in Chapel Hill. It will increase the accessibility of running for office for non-wealthy candidates, and allow us to avoid trends in other cities of moneyed special interests dominating local elections.”

Unfortunately, this comes too late it seems to help any contenders wanting to run against the block of incumbents this year.

Speaking of incumbents, according to the Orange County Board of Elections filings, Foy, Greene, Hill and Strom have all not said yet if they plan to restrict their campaigns to a $3,000 limit.

Cam Hill did say “”Actually, we’ve got enough right here. My son’s going to be my treasurer, which will be an adventure. I’m hoping this will be an inexpensive campaign for all involved.” in this recent Chapel Hill News report, so maybe any other candidates will not have to contend with the double whammy of big money and incumbency.

We’ll know what kind of warchest these and the other candidates will bring to their effort as the 2007 Mid Year Semi-Annual report covering “Registered participants & non-participants in the 2007 elections from January 1, 2007 through June 30, 2007” is due July 27th.

Election 2007: Candidates Line Up

Filing for office begins noon July 6th and ends noon July 20th.

Confirmed candidates for Chapel Hill Council and Mayoral races are:

  • Kevin Foy, current incumbent Mayor.
  • Sally Greene, 4-year incumbent Council member, ‘blogger.
  • Cam Hill (yes, quite a scary snapshot but there was no official site I could find), another 2003 winner and incumbent Council member
  • Bill Strom, another incumbent and current Mayor Pro-Tem (foiled, it seems this round in his quest for the Mayoralship)

As far as current Council members, that leaves Jim Ward yet to declare.

According to local political pundit and Chapel Hill Herald columnist Tom Jensen “this election is probably going to be a snoozer in Chapel Hill” (OP) because “it will be an uphill battle since incumbents rarely lose in Chapel Hill and I don’t think anyone on Council has done anything to outrage any broad segment of the citizenry.”

Interesting spin from Tom but maybe he’s right – no one will rise to the challenge.

I helped Bill, Sally and Cam during the 2003 election, so this year presents some interesting contrasts. Strangely enough (cough, cough), Bill, Sally and Cam represented the Town in the RAM Development/Lot $$$5 debacle.

One might assume that they saw this as a career enhancer – it’ll be interesting to see how their white whale plays during the election cycle.

Tom, maybe possible contenders, like the Neighborhoods for Responsible Growth (NRG) Mike Collin’s or frequent OrangePolitics poster and the Planning Board’s George Cianciolo or a few more locally active folks will be scared off by the awesome weight of incumbency.

We’ll see, as July 20th is a short two weeks away.

In the “cooler” (at least according to WCHL‘s Ron Stutts) ‘berg of Carrboro

are on deck. Current BOA members Joal Broun and Alex Zaffron haven’t officially said which way they’ll jump though I’ve read that Alex might pass.

Who else might run?

In Carrboro, folks are looking North to Katrina Ryan, a 2005 candidate that more than a few folks thought deserved Dan Coleman’s seat.

Carrboro’s NTA (Northern Territories) have more than a few possible candidates to draw upon, including the newly announced Lydia Lavelle. Lydia, who is coincidentally a partner in Foy and Lavelle (yes, that Foy), threw her hat into the appointment ring with Dan and the Village Project’s James Carnahan.

Will James or former well-liked candidate David Marshall make a run? I haven’t heard though the cool ‘berg of Carrboro would be well-served by their entry.

[UPDATE:] Someone asks “Is that all the potential candidates I can think of?” Not really, but I figure time will tell and, hopefully, we’ll all be pleasantly surprised.

Democrats No Longer

I’m a registered Independent.

OK, OK. I know there is no such thing as an Independent designation, just unaffiliated.

Unaffiliated. Indecisive. Indifferent. Uncommitted. Uninvolved. Fence-sitter. Don’t care.

A truly perverse bit of political framing.

I hope my occasional contributions to the local debate (CitizenWill , OrangePolitics, SqueezeThePulp, the Daily Tar Heel, the Chapel Hill News) and my willingness to take principled, though sometimes unpopular, stands on local issues demonstrates a small measure of care and commitment.

For years I’ve worked to elect Democrats. Dropped a few bucks here and there for a few of their more worthwhile national candidates. Sat polls for the local Orange County party. Contributed oodles of time to their and other affiliated organizations’ efforts to Get Out The Vote (GOTV). No plans to stop those efforts anytime soon.

But I am no Democrat (I was once). And I am no Republican (never have, never will be).

Heck, don’t try to graph my position on the one dimensional line passing through the Democrats Right to Republicans…. I, like many other local folks, exist outside these parties calculus.

I don’t know why three folks chose this week, from the many other recent weeks of Democratic disappointment, to ask me how to switch their party affiliation.

Maybe it was the recent reversal on Iraq or just the steady dissipation of last November’s promise.

Why me? I’m certainly not trying to “recruit” Independents. Sure, I haven’t been reserved in expressing my dissatisfaction with our local Democrat US Representative. They each knew of my efforts to open the local political scene to Independents via non-partisan elections and other voting reforms.

And I’ve been quite open about my status.

When, during my 2005 run for Town Council, a few local political operators counseled quiet discretion – suggesting talk of my non-affiliation would lead to a loss of stalwart Dem votes – I countered that to do so would not only be against my own tenets but promulgate the ruinous myth that folks are only capable of selecting representatives that fall along a one-dimensional political axis.

They might’ve been right. I did lose.

There is safety in numbers. Yet change springs from the outliers. And in today’s United States, it isn’t too far from “united we stand, divided we fall” to “deru kugi wa utareru”.

If you would like to lose your affiliation, either Republican or Democrat, or register to vote under any flag, the procedure is easy:

  • Review the instructions here.

    If you wish to change your party affiliation, you must complete either a Voter Registration Application Form (downloaded from address above) or complete the reverse side of a Voter Registration Card that has been mailed to you and return to the Board of Elections. All changes must be either postmarked or received in the Board of Election’s office at least 25 days before the election.

  • Download the registration form here [PDF].
  • Emancipate yourself from either of the two currently recognized parties.

Scared? You don’t have to go totally “cold turkey”. You will still be able to play some of the old game, for instance voting in either party’s primary. Initially, in many ways both large and small, you’ll feel stuck on the sidelines – constrained to vote for choices you wouldn’t have made, for flavors as close as Pepsi to Coke.

At first you might feel a little light-headed drifting above our current political Flatland. Navigating the multi-dimensional political reality we all currently occupy, whether we appreciate it or not, without the constant tether of partisan loyalty is heady stuff. Don’t panic! After a while, the relief of free agency sets in.

Still, though shorn of your party’s old baggage, paralyzed by its intransigence no longer, you leave one burden for another.

Sorry. Independence doesn’t mean “indecisive”. It doesn’t mean “uncommitted” And it certainly doesn’t mean “don’t care”.

Another $460,000 for Lot $5: Will Rising Costs Mean Raising Taxes?

From the May 7th Chapel Hill Town Council agenda:

We estimate the following budget is needed to continue carrying out the implementation of the Lot 5 project in accordance with the Town’s responsibilities under the Development Agreement through June 30, 2008:

Environmental Remediation: $240,000
Construction Management Services: $150,000
Professional Services: $65,000
Peer Review Honorarium: $5,000

TOTAL: $460,000

Note how last months quote of $232,000 for environmental remediation has climbed to $240,000. Also, as I expected but not as reported by Council (until now), the anticipated additional cost of construction management ($150,000), legal and geologic services (really part of the remediation) and a reward to Dean Malecha.

I asked Council to publish a breakout of these costs several times this year. I’ve also asked for a concise listing of what we’ve spent on Stainback (the development consultant) and other services getting to this point.

Still no response.

Some on Council are getting better and better at stonewalling and running out the clock to get their way. Clever strategy if you see governance as a game. Terrible policy if you believe in an educated and informed public.

Mayor Pro Tem Strom essentially tabled my recent petition asking for the financial analysis of the remediation effort. Why? I assume to avoid what we both know – this projects costs are going nowhere but up.

Whatever analysis the Town has done on remediation or consultancy costs should be published immediately. The Council owes the citizenry a public airing of that work prior to approving this years budget and possible tax increase.

How enthusiastic would folks be about a boondoggle of a project that’s added significantly to their tax burden? Not much, I imagine. But if that’s going to be the case, Council, no matter the electoral consequences, our citizens deserve an honest appraisal.

Here are the details:

Environmental Remediation: The Town recently commissioned a Phase II Environmental Assessment for the Lot 5 site. Based on the report by Environmental Consulting Services dated April 2, 2007, we estimate the cost to the Town for environmental remediation is about $240,000. Under the terms of the Development Agreement, the Town would pay for the marginal cost of removal of contaminated soil; that is, those costs related to environmental remediation above and beyond Ram Development Company’s normal construction cost of hauling soil off-site.

Construction Management Services: In accordance with the Manager’s recommendation to Council on February 12, 2007, the Town would contract for services related to design review and construction management of the parking deck and public plaza to be constructed on Lot 5. We would potentially hire someone in the fourth quarter of 2006-07 to undertake detailed plan review. Work would continue through initiation of construction, estimated to occur in summer, 2008, and completion of construction, estimated to occur in 2010. We estimate a budget of $150,000 would be needed for these services.

Professional Services: We estimate a budget of $65,000 is needed for additional professional services, including environmental testing and legal services.

Additional environmental testing is related to the Town’s environmental remediation responsibilities in the Development Agreement. In addition to the Phase II environmental assessment, we would expect to engage a geologist during excavation to monitor soils. The requested budget would give flexibility to undertake additional tests or studies. We estimate additional funds will be needed for legal services related to negotiation and implementation of the Development Agreement through June 2007, and for additional limited services in FY 2007-2008.

Peer Review Honorarium: We propose an honorarium of $5,000 for Dean Marvin Malecha’s work related to the peer review of Ram’s proposed designs. The Town’s original letter of agreement with Dean Malecha contemplated such an arrangement (please see Attachment 1). To date, the Dean has led nine peer review sessions with Ram Development Company. Written reports accompany his pro bono work. We anticipate he will conduct one additional session later in the project design process. The honorarium would go into a scholarship fund at the NC State School of Design.

Election 2007: Councilmember Laurin Easthom’s Thoughts…

Laurin, you beat me to the punch!

About a year ago, with some encouragement from RobertP (CountryCrats), I started a few posts on my experience running for Chapel Hill Town Council in 2005.

I wanted

  • to cover the mechanics – signs, fund-raising, forums, endorsements, election day management – of running for local office
  • to touch upon my considerations and justifications for running
  • to give, from my outside perspective, a sense of the hours and effort within Council I thought it would take to do justice to by our citizenry
  • to suggest strategies for dealing with the awesome power of incumbency
  • to evaluate the strengths and weaknesses of various “endorsing” organizations
  • to pass on what I learned about interacting with the media and getting wider exposure via neighborhood/organizational meetings
  • to highlight my campaign failures (I did lose!)
  • and modest successes.

All with an eye towards encouraging a new generation of Council leadership.

What happened to that series? Well, besides being a bit premature, I got bogged down with a few other projects.

Today, Councilmember Laurin Easthom (Easthom Page) has posted (“Tis’ the Season”) some excellent advice on getting started on the campaign trail:

There hasn’t been much talk around town yet, but election season is coming, or is in fact here. I am talking about my area of course, Chapel Hill Town Council. For those of you that would be interested in running, I have some advice and perspective.

Thanks Laurin for the kick-in-the-pants.

You’re absolutely right. For a non-incumbent with little current political exposure – now is the time to start thinking about running. I’m going to dust-off those old posts and publish my comments in an attempt to help generate some interest, broaden the field and do my bit to increase the participation in what De’Tocqueville thought was the finest aspect of our American participatory democracy – local government.

The Power of Sorry: A Local Apology to Get the Ball Rolling

Over the last six years, I’ve learned more than a tad about how our local political sausage is ground. The manufacturing of poor public policy for political gain adds a distinctively bitter taste to that meaty melange.

Yes, at times, pettiness, spite, gamesmanship and ego overwhelm good sense and reasonable public policy. For a few of these “powerful” folks, public disagreement at any level, is a line-crossed forever – a sin never to be forgotten.

Fortunately, at least as I’ve discovered, most of the local “movers-n-shakers” operate using a different calculus – follow their own internal compass – center their arguments more on solving problems – than working to belittle those philosophically opposed. Sure, sometimes the waves of disagreement toss the boat of local discourse about. Maybe a few intemperate barbs about “tone” are thrown around. Debate can and sometimes does devolve into vileness.

In the end, though, whether at OrangePolitics (OP) or SqueezeThePulp (STP) or the Chapel Hill New’s OrangeChat or BlueNC or even on a WCOM radio show, valuable signal seems to punch through the noise of mean-spirited divisiveness.

I don’t buy all the hype about “the wisdom of crowds” but I do know that the folks participating on these forums – whether I agree with them or not – have provided me a new perspective and an invaluable education on local, state and national issues.

There is wisdom in yond hills.

It’s a shame, then, when a healthy dose of disagreement descends into the provinces of puerile, petty vindictiveness (or worse).

Heck, I don’t want to see a group hug or a chorus of Kumbaya but maybe, in these, our country’s current troubled days, just a small crumb of Rodney Kings “can’t we all just get along”.

That’s why I’m happy to see this Geoff Gilson post over on STP:

People, we are lucky that we live in a community that cares enough to be as active as it is. And we are all of us intelligent enough that we should be able to engage in that activity without needless vitriole.

Now, I’m as guilty as anyone of getting a few cheap laughs out of a local politico’s discomfort. But the events of yesterday have got me thinking.

So. Let me start the ball rolling. Dan Coleman, I apologize. I know you are a good and decent man. What happened on ESP was cheap. I’m sorry. On my new show, I will ask you tough questions. But the histrionics will be…well, history.

That bit of radio theatre was a hard listen.

I know Dan. I had listened to and read Gilson’s work. My (quite extensive) stomach sank as the show unrolled. I knew these two had significant disagreements on policy. They had an opportunity to publicly sharpen their cases for and against. Maybe even a better than good chance to shed a little light on the local scene.

All lost in the noise.

Sure, Geoff is working on a new show for WCHL 1360.

Cynically one might presume that this fence-mending is more about dissipating potential guest’s concerns than an honest attempt at rapprochement.

I’m taking Geoff’s bridge building on face value. I think he wants to restart a conversation and not a shouting match.

Good for us. We all win when our local “movers and shakers” expound and sharpen their arguments over local policy in the arena of public debate.

Hazardous Consequences: A Report, a Rushed Decision, a Regrettable Day for Chapel Hill

The Chapel Hill News’ ‘blog OrangeChat first alerted me to the Town’s completion of the Lot #5 negotiations with RAM Development (more to come in the N&O).

The Town’s April 3rd news release celebrates what I believe will eventually be seen to be a rushed decision foisting a counter-productive, fiscally irresponsible obligation to construct expensive rental properties for out-of-town landlords on our citizen’s dime:

04/03/07 — The $75 million residential and retail complex to be constructed on Town-owned Parking Lot 5 in downtown Chapel Hill moves a step closer to reality. Town Manager Roger L. Stancil today concluded final negotiations and executed the development agreement with Ram Development Co.

April 3rd, 2007, a regrettable day in our Town’s history.

Why? According to our Town’s legal counsel, the only way now to back out of this troubled deal is to default. Default means difficult to defend lawsuits against our Town. Default means probable expensive judgments against our community. Default, after today, puts all our residents firmly on the hook for millions of dollars of expenditures.

The Council last month authorized the Manager to finalize negotiations and execute the agreement. The project will now follow the Town’s normal regulatory process for a Special Use Permit, including review by the Town’s advisory boards and commissions and a public hearing before the Council.

While they did authorize the Town Manager to proceed with negotiations, the Council also directed Roger Stancil to achieve certain goals – like a firm commitment to improve energy efficiency as per ASHRAE 90.1 20% efficiency standards and an increase on-site affordable housing parking.

Without the final modified agreement (not available this evening), it is not clear our Town Manager achieved these goals. Further, for the partial success reported – 5 additional on-site parking – the trade-offs required by RAM to get those spaces remains unknown.

Final negotiations centered on energy efficiency construction. Recognizing the importance of reducing the energy demand of buildings and dependence on energy from fossil fuels, the Council directed that the agreement require the design and construction of the project to meet a minimum 20 percent improvement in energy efficiency (as measured against standards established by the American Society of Heating, Refrigerating and Air-Conditioning Engineers – ASHRAE).

Again, the language of the announcement leaves it somewhat unclear, at least to me, if the commitment to the ASHRAE 90.1 %20 energy efficiency standard is measurably firm.

[UPDATE] From today’s N&O

As part of the final contract, Ram agreed to achieve an energy efficiency level 20 percent better than standards established by the American Society of Heating, Refrigerating and Air-Conditioning Engineers.

It appears the LEEDs trade-off discussed here was the key to ASHRAE acceptance. Of course, without the final contract before us it’s difficult to ascertain how compliance with ASHRAE or LEEDs will be measured.

The project will incorporate sustainable, “green” features that will result in at least 26 points under Leadership in Environment and Energy Design (LEED) standards, the equivalent minimum number of points for basic certification under the LEED system. The Council has established a Town-wide goal to reduce carbon dioxide emissions by 60 percent by 2050 through the Carbon Reduction Program.

Councilmember Sally Greene suggested trading the potentially expensive formal LEEDs review for simple compliance with the LEEDs basic certification goals. Councilmember Jim Ward countered that RAM Development’s assertion of compliance was insufficient – that the review process was a necessary element to achieving those goals. I lean more towards Sally on this with the proviso that a specific, standards-based methodology for measuring compliance outside of the LEEDs process be agreed upon prior to a final commitment (would’ve been nice to also pursue some of the AIA’s 2030 sustainability goals). Again, sans the modified agreement, it’s unclear whether any process for measuring LEEDs compliance is in place.

To the Town’s credit, the environmental reports I asked for in my Mar. 27 petition were provided as part of the announcement.

The completed environmental assessment report will be on the Town’s website.  The assessment detected no underground gasoline tanks, only limited sections of petroleum-impacted soil that will require remediation.

Timed too late for our talented citizens with expertise in geology and environmental remediation to influence Stancil’s decision, this coincident release demonstrates, once again, the ascendancy of clever political gamesmanship over good public policy.

This bit of Town PR vastly downplays the caveats and disclaimers the authors used:

The report’s findings are based on conditions that existed on the dates of ECS’s site visits and should not be relied upon to precisely represent conditions at any other time. ECS did not assess areas other than those discussed in the report.

The conclusions included in this report are based on: ECS’s observation of existing site conditions; our interpretation of site history and site usage information; and the results of a limited program of subsurface assessment, sample screening, and chemical testing. The concentration of contaminants ECS measured may not be representative of conditions between locations sampled. Be aware that conditions may change at any sampled or unsampled location as a function of time in response to natural conditions, chemical reactions, and/or other events.

Conclusions about site conditions under no circumstances comprise a warranty that conditions in all areas within the site and beneath structures are of the same quality as those sampled. Recognize, too, that contamination might exist in forms not indicated by the assessment ECS conducted.

April 2nd’s letter from ECS Carolinas, LLP concerning the “Phase II ESA and Limited Soil Delineation Report”, p. 2

Based on approximate measurements of the property boundary and sample locations, ECS estimates that approximately 8,600 cubic yards (~13,000 tons assuming 1.5 tons per cubic yard) of petroleum-impacted soil may be present at the site. This is a preliminary estimate only; the actual quantity of potentially impacted soils may vary based on conditions observed during soil excavation. [CW: EMPHASIS by ECS]

April 2nd’s letter from ECS Carolinas, LLP concerning the “Phase II ESA and Limited Soil Delineation Report”, p. 6

The concerns of the report’s authors are clear. What is left unsupported is the Town’s cost estimate.

The estimated cost of the clean-up will be $232,000. The Town will assume the costs for remediation, and the developer will fund the excavation.

So, RAM Development will pick up the tab for excavating 13,000 tons/8600 cubic yards of hazardous material and the Town will pay, I assume, to haul it safely off-site and dispose of it in an acceptable manner. Given the author’s caveats and the lack of discussion of hazardous material intrusions into the underlying bedrock, I’d like to see the analysis behind the $232,000 cost estimate.

Is it as solid as RAM Development’s Spring 2006 claim of a total $500,000 in public outlays? I hope not since a 15-fold increase in the environmental costs, similar to the 10 month increase from $500,000 to $7,425,000 for those 161 buried parking spaces, would be in the neighborhood of $3.5 million!

One notable improvement in our Town’s communications is a savvy ability to propagandize, making a gold-filled silk purse out of the hazardous waste sows ear by now trumpeting development on “brownfields”.

“Developing a project in downtown reflects Chapel Hill’s commitment to build on brownfields rather than greenfields in order to preserve our environment,” said Manager Roger L. Stancil. “Brownfields are properties where redevelopment or reuse can be complicated by the presence or potential presence of pollutants or contaminants from past use. Developing on greenfields is to build on undeveloped properties on the urban fringe, often farmland. Chapel Hill intends to keep the greenfields green.”

A month ago we weren’t supposed to worry about hazardous waste on Lot #5. Today it’s an asset.

There’s a lot of fertile “brown” in the “fields” lay bare by this announcement. Once again, the liabilities are down-played, the potential fiscal “surprises” ignored, the value of the project over-stated while the obligations continue to be heaped upon our citizens.

April 3rd, 2007, a regrettable day in Chapel Hill’s history.

A Matter of Process: Greenbridge and Council’s Devolving Standard of Public Review

I haven’t been reticent in my criticism of the process Council used recently to manage the approvals for Greenbridge, the environmental uber-project and possible end of the traditional Northside neighborhood. Adopting a new zone, TC-3, developed and refined during the months bridging Thanksgiving to Christmas, within the context of Greenbridge’s approval ill-served our citizens.

Claims, most notably by Bill Strom, that Greenbridge’s TC-3 is somehow unique (video coming soon) and folks won’t have to worry about another use will be tested all too soon.

Most of the Council members are aware of the public discussion and scrutiny of the 90′ limit and 1.97 density ratio. Unfortunately, the minimal opportunity citizens had to respond within the public hearing process didn’t reflect those hard learned lessons. Only two citizens spent any of their 3 minutes of public comment suggesting the impropriety of making a major change to Downtown’s future geography within the narrow context of Greenbridge. Doubling the density, raising the height limits by %30, with the SUP establishing a height precedent fully %50 above the previous 90′ will carry serious consequences for “human scale” Chapel Hill. Now that door has been opened, does anyone truly believe developers on our doorstep will not press for even more consequential change?

I recall Sally Greene, prior to being elected to Council, making numerous appearances before Council on OI-4 (the most probable zone for Carolina North) counseling not only greater public outreach but public education. She argued process, process, process and was obviously aware that a significant change in public policy demands a significant effort to build understanding.

Yes, the effort to build understanding can also build opposition. One might argue that the best “political” strategy “playing the approval game” is to keep your head down, limit public understanding and bull on through. Good strategy for a “player”, maybe, but terrible public policy.

Tonight, the Chapel Hill News’ breaks the story, on their ‘blog OrangeChat, that the son of one of our Council members sought to represent the developer of Greenbridge.

Sometime last fall, the son of Town Council member Bill Thorpe approached the developers of the Greenbridge condominium towers and offered to work as their public relations consultant.

Thorpe said his son, William Thorpe Jr., is a grown man and did not consult him before making the pitch.

UPDATE:
From today’s followup in the N&O

Thorpe said his son, William Thorpe Jr., is a grown man and did not consult him before approaching the developers. Thorpe said he only heard rumors that his son had asked for a $40,000 consulting fee.

“He was trying to get a contract with them, but I haven’t done anything with them,” Thorpe Sr. said this week. “It had nothing to do with me.”

Yes, we’ve seen our share of national problems with relatives representing interests before their elective relations but certainly this doesn’t rise to that level. Bill spoke of his son during the 2005 election, I don’t recall his saying he did PR. In any case, Bill made it clear his involvement was nothing to be troubled by: “I ain’t got nothing to hide,” Thorpe said this week. “I can tell you right now, I have not asked anybody for no money.”

[UPDATE] GeorgeC over on OPsays the Mayor and Attorney reviewed this, not the Council, yet the article and post both say “Foy said the council did not pursue the matter further…” Now, was that the Mayor using the royal “We” or did the Council know? I’ll ask either the reporter or a Council member next time I see them. If this was the Mayor acting as the lone “decider”, well, that’s a bit troubling in itself.

[ORIGINAL]
The Mayor and Council, it appears, reviewed the issue on discovering it:

Mayor Kevin Foy learned of the situation before a public hearing on the downtown condo project Jan. 17 and asked Town Attorney Ralph Karpinos for advice.

Foy said the council did not pursue the matter further because Thorpe Sr. was not personally involved. Foy said he believed that his colleague’s hands were clean in the matter.

That January 17th meeting was a key public hearing for Greenbridge.

This is most troubling. I can accept Bill Thorpe’s assertions about his son’s involvement. I can appreciate Council and (?) the Mayor responding immediately with a legal consultation and review.

What I can’t understand, and will not accept, is the absence of public disclosure.

Yes, the appearance of impropriety can sting. Trying to mitigate the possible embarrassment and pain of a friend and colleague is laudable. But these are public servants. Many of these Council members, one time or another, during elections or otherwise, have pledged to increase openness and transparency within our local governance. They (?) The mayor had an obligation to reveal, for Bill’s sake, in as tactful a fashion as possible, this story and not leave it to the 4th estate (Chapel Hill News)

The process of openness and transparency must be consistent to be reliable. The public trust demands and deserves disclosure.

And yet another lapse in judgment related to a development deal.

Raleigh’s Carlton Place: A Downtown Affordable Housing Commitment Worth Emulating

I’ve followed the ins-and-outs of Raleigh’s Carlton Place before the Wallace Deck/Lot #5 developments took flight.

64 of the 80 units – ranging in size from 800 to 1200 sq./ft. – are priced so those making %60 of Wake County’s median income can afford one.

Market rates aren’t too shabby either (market/affordable): 1 BR/1 BA $700/$550 or less, 1 BR/1 BA (with Den) $750/$570, 2 BR/2 BA $875/$600, 3 BR/2 BA $1,100/$670.

Located at the intersection of E. Davie Street and S. Bloodworth Street, less than two blocks from Moore Square, City Market, and the Exploris and Moore Square Museums Magnet middle schools. Its central location provides residents with easy access to all of downtown’s employment, shopping, professional services, public transit, and cultural and recreational opportunities.

Amenities found at Carlton Place include on-site management and maintenance; a variety of one-, two- and three-bedroom floor plans ranging from about 800 to 1200 square feet; a fitness room, business center and laundry room; walk-in closets; washer and dryer hook-ups; cable television and Internet connections; a picnic area and tot lot; and private, off-street parking.

In addition to the on-site amenities, the project was built to include green design elements that help make it an environmentally friendly and cost-effective place to live. Among the green features of the project are: Energy Star appliances; high efficiency heat pumps; low-VOC carpet and paint; carpet padding made from recycled materials; pervious concrete; and native, drought-resistant plants for landscaping.

Off street parking? Are they nuts?

By contrast, the Lot 5 development offers compact affordable units: “21 one-bedroom units be provided in the project, with a square footage averaging 643 square feet.” Qualification starts at %80 of the regional salary (little less than $50K), with the purchase price set accordingly (to what someone earning $50K/year could “afford”). Condo fees capped at %1.5 of that sales price of the affordable units plus utilities.

Of course, folks will “own” their apartment on Lot #5 while those at Carlton Place will only rent. Chapel Hill’s condo owners, then, will experience a modest growth in equity and see a return on their investment (minus the %1.5 yearly fees) while those in Raleigh don’t.

Ownership is supposed to also reduce unit churn – a favored attribute over apartments – an attribute that appears to be unique to Lot #5 as our local affordable housing advocate Robert Dowling noted when commenting on “Mr. Meadowmont” Roger Perry’s new East 54 (University Inn) project:

Meadowmont developer Roger Perry is planning a major project that challenges the town’s inclusionary affordable housing model.

In exchange for the town’s approving high density — half a million square feet on 11 acres — Perry is offering to double the town’s requirement: 30 percent affordable housing, or 60 out of 200 condos.

Robert Dowling, executive director of the nonprofit Orange Community Housing and Land Trust, praised the idea. But he urged the Town Council to reject it. Dowling said the flood of condos would be harder to manage because condos are smaller starter homes that few people would live in for very long.

Lower-cost condos criticized The News & Observer February 17, 2007

Perry’s East 54 units “one- and two-bedroom units would range in size from 700 to 1,000 square feet and would be priced somewhere in the low $100,000s”.

Bigger, cheaper but will churn faster than those condos on Lot #5? Doesn’t compute.

Back to Raleigh, the taxpayers’ outlay was at least 5-fold less than our taxpayers, $1.5M to our $7.5M.

A $1.5 million loan from the city and county helped the non-profit housing company, DHIC, develop a $10 million project. Apartments are available to families earning 60 percent of the median income. In Raleigh, that’s $43,000 for a family of four.

WRAL, Feb. 26th, 2007

Larger, cheaper units with on-site parking, no condo fees, many amenities without creating a slew of publicly financed million dollar condos? That computes.

What about that housing cost disparity?

“It’s so important for downtown to give opportunities for multiple classes to help build a life in downtown,” said Kris Larson, deputy director of the Downtown Raleigh Alliance.

It allows people who work in the service industry downtown to live downtown.

“If only people who can live here have to buy a $350,000 condo, what kind of community is that, it’s not very diverse or vibrant,” said Natalie Connell, of DHIC.

WRAL, Feb. 26th, 2007

Vibrancy. That also computes.

What kind of mix of residents will live in our publicly underwritten Lot #5? Well-to-do students, young professionals, retirees that can drop between $300,000 and $1 million plus on housing?

Raleigh designed in diversity and environmental sanity from the start with their Carlton Place project, as the ‘blog Raleighing reports (Carlton Place Opens With Fanfare):

Eight of the units are set aside for, and affordable to, persons with disabilities. Additionally, 4 units are fully accessible to people with mobility impairments, including curbless showers. One resident benefiting from this is Raleigh native and reigning Ms. Wheelchair North Carolina, Ms. Kelly Woodall.

Carlton Place also received a grant from the Home Depot Foundation to incorporate “Green” elements in the design of the development. Carlton Place features Energy Star appliances, low VOC paint and carpet, pervious concrete, low flow plumbing, and solar reflective roof membranes.

According to Gregg Warren, Executive Director of DHIC, the first residents are employees of The City of Raleigh, Wake County Public Schools, Blue Cross Blue Shield, Capital Area Transit, retail businesses, state government, and Wake Med. Many are now able to walk to work. DHIC is also the developer of Murphy School Apartments and the Prairie Building in downtown Raleigh.

End of the day? If increasing Downtown’s population, diversity and vibrancy in a sustainable, environmentally sound fashion is your goal, Raleigh’s Carlton Place suggests some solutions.

Lot #5 Development: “…up through the ground come a bubbling crude…”

Well, not quite “black gold” or “Texas tea” but it appears that more “refined trouble” is brewing under Lot #5 (MAP).

Chapel Hill’s taxpayers will have to wait for next week’s official lab confirmation but, as of today (Mar. 20th, 2007), initial field tests of some of the nearly 30 core samples show “interesting” signs of contamination.

Hazardous waste remediation involving the fractured geology below the lot could prove to be quite expensive – launching the total taxpayer commitment to just south of the $12.5 million of equity that RAM Development, the Town’s private partner, is contractually obliged to contribute.

Of course, RAM will easily recover their equity and make millions on the deal. The fine folks of Chapel Hill will get an expensive hole in the ground.


Folks started calling on the Council to pull their heads out of the sand and do this environmental assay over a year ago, well before entering final negotiations with RAM Development. Council members Jim Ward and Laurin Easthom, before voting against the Lot #5 proposal, strongly argued that the “known unknown” of contamination deserved evaluation before signing the deal.

Unfortunately, caution, that night, was overridden by the zeal for the deal.

Another expensive “known unknown” lurking in the wings has been the cost of digging two stories below Lot #5’s current grade. I work across Church St. and recall the difficulty the developers of my building had with “the ROCK”. “The ROCK” underneath Chapel Hill’s Downtown has been the bane of many a stalwart developer. UNC has spent millions over the last few years tussling with “the ROCK”.

An incidental consequence of the technician’s drilling cores during this current environmental assay is a better understanding of the parking lot’s underlying geology. The optimism the Town showed – expecting to escape the vicissitudes of other Downtown developers – needs to be tempered by the measured reality of the last few days. It appears, again pending a final report, that “the ROCK” on the Franklin St. side of the lot is roughly 10′ below current grade tapering to 20′ on the Rosemary side.

If you live near Downtown, I suggest an early run to the store for ear plugs before blasting begins 😉

Trash Talk: I Like Vinegar on My BBQ

The old Southern saying goes “You can catch more flies with honey than with vinegar.”

Then again, there’s nothing like a little vinegar or Tabasco to cut though the cloying fat of smoked BBQ.

An open e:mail to the Orange County Board of Commissioners:

On Tuesday evening, at the Orange County BOC meeting in Hillsborough it became glaringly apparent there was a complete failure of do diligence in the Waste Transfer Station site selection process. In fact there was no real process at all. Chairman Carey, 2 years of talking is not a process, it was just 2 years of talking and no basis for a decision.

Unfortunately if this failure is allowed to stand the people who will most directly carry the consequences and burden will be the working class African American community on Rogers Road, the same people who have carried the burden of the county’s landfill for 34 years. There is absolutely no way to deny that this failure to act professionally is in itself an act of environmental injustice. There is much irony in that Orange County is considered the most progressive county in North Carolina, and home to Senator Edwards and his Presidential Campaign which is centered around helping the “Other America”.

My anger was apparent at the meeting and still apparent in this e-mail, I make no apologies. I am not a politician or a policy wonk. Nor do I make a pretense of tactful persuasion. My wife’s parents lived their lives in north central Philadelphia and were 50 plus year members of the Zion Baptist Church which was led for many years my the late Reverend Leon Sullivan. When visiting my in-laws they would bring us to the church even though I am not a Christian. Listening to Reverend Sullivan was always an education and an inspiration. In my early twenties I remember Reverend Sullivan talking about personal integrity and professional integrity and that both were tied hand in hand. He told us that we can not claim to have one without the other. He was relating this concept from his involvement with American and international business executives and political leaders.

It became obvious in Tuesday’s meeting that the Waste Transfer siting process had , no professional integrity, no intellectual integrity, no moral or ethical integrity and formed no solid basis for any decision. Chairman Cary, in your e-mail response of 2/17/07 to my request of all the leaders of this community to take as stand on this issue, you said to quote:

“… it would be premature and unethical in my opinion for any elected official to respond to you as you have requested prior to considering all information which must be considered to make an informed decision on this matter.”

With all due respect, by calling for a vote on this issue on Tuesday you were violating your own stated ethical standard. It is clear The Orange County BOC nor anyone else for that matter has all the facts needed to make an informed decision. It is now in the open that the Orange County BOC has never directed anyone or any group to get all the facts.

It is also misleading that the BOC can only start “mitigation talks” to compensate the Rogers Road community after a site is chosen. The Rogers Road community has already earned that compensation through their 34 years of sacrifice. Why should they have to acquiesce to a Waste Transfer Station to receive compensation? Discussions can start whenever the BOC decides to do so.

It was also clear that Commissioner Foushee, Commissioner Jacobs and Commissioner Gordon were struggling with what they witnessed Tuesday night. Commissioner Foushee was the first to speak with eloquence and concern, articulating her distress on the deficiencies of the process to date. She expressed the desire to get this right. If an academic study were to be conducted on the right and wrong ways to site a waste facility as things currently stand Greensboro would be the case study of the right way and Orange County would be the contrasting case study on how get it all wrong. I am asking all the commissioners: Are you proud of where we are on this issue? Are you proud of how we got here? Is this an example of good governance?

If each of you abide the principle of tying personal and professional integrity together then you have no choice but to vote against siting the Waste Transfer Station on Eubanks Road. You have no choice but to restart the siting process.

David Richter

I published David’s earlier correspondence with Commissioner Moses Carey highlighting the lack of a systematic approach in selecting a waste transfer site. Since then, even knowing of this troubling deficit, Carey pushed for an immediate vote to solidify the choice of the Eubanks Road site.

But some sense prevailed during last week’s Orange County Board of Commissioner’s meeting as the other BOCC members responded to both the illogic of the current situation and to the many folks that showed up to ask for more prudence. They directed staff not only to do a more exhaustive evaluation but to incorporate a more multi-dimensional approach like the one I’ve previously suggested.

I’ve heard a few comments from folks that David is coming on a little too strong. I understand his passion.

The calculated lack of process was destined to produce one answer – an answer BOCC member Carey is obviously comfortable with – an answer extending the 34 years of ills the Rogers Road community has borne by decades.

That deficit is so glaring, the troubling consequences to the Rogers Road community so apparent, it is an injustice crying for redress.

And when the redress comes slowly, grudgingly, even a bit bitterly from our elected folk, well, a little bit of vinegar is quite excusable.

Lot #5 Downtown Development: Do you smell gas?

As we know, There are known knowns.
There are things we know we know.
We also know there are known unknowns.
That is to say we know there are some things We do not know.
But there are also unknown unknowns, the ones we don’t know we don’t know.

— Donanld Rumsfeld, Feb. 12, 2002, Department of Defense news briefing

Well we know that Rumsfeld was is a jackass.

What the majority of our Town Council didn’t want to know when they rushed forward on the Lot #5 juggernaut, was the extent of the hazardous waste remediation required to make the site suitable.

Oh, they knew that there had been at least one former gas station on-site.

And they knew that during a previous assay an environmental tech had taken an unauthorized sniff of the dirt that revealed gas fumes.

But rather than taking the prudent step of testing before committing to the Lot #5 boondoggle – making this all to known unknown known – to use a Rumsfeldian turn of phrase, the majority stuck their heads firmly in the sand and instructed the Town Manager to move ahead.

Kind of like Bush and Rumsfeld in Iraq. Jump first, measure the consequences later. And we know how effective that has been.

What’s the big deal?

Beside making a decision that has already undercut our Town’s moral authority to set the highest caliber of environmental standards it has exposed our taxpayers to a potentially stiff financial penalty.

The “rah rah” growth folks on Council like to say this ridiculously bad Lot #5 deal with RAM Development won’t cost the taxpayers one pretty cent – except for the hundreds of thousands for required consultants, disrupted city services, staff time, etc. – until the Town’s 161 parking spaces are complete.

The problem? Our taxpayers are on the hook for any hazardous waste remediation – remediation that will have to paid for now. The cost, considering the geology, could run into the multi-millions of dollars.

That’s millions of dollars out out of our taxpayers pockets, this year, for one huge mistake. Millions that won’t go to increasing our Town’s commitment to abating chronic homelessness or increasing social services. Millions that might mean the difference between having an aquatics center or losing our quality bond rating.

On a slightly positive note, it looks like some of our Council took my and others concerns to heart.

Most likely too late to squeeze of the deal without some kind of fiscal damage, Town is going ahead with the environmental assay they should’ve done first.

Good news? We’ll find out the broad outlines the environmental damage.

Bad news? We’ll have to start paying millions of dollars this year to cleanup the mess.

Worse news? If this initial assay isn’t done properly or is oriented to quell criticism rather than measure the extent of the true problem – well, the taxpayers of Chapel Hill better be prepared for the “death of a thousand cuts”. Not an unlikely scenario given RAM Development’s halving the scale of the project – keeping the cost roughly the same – and extracting a 15-fold greater financial commitment, $7.5 million so far, from the Town.

This cleanup, if it follows the trajectory of similar projects I’ve been part of, will probably cost quite a bit more than originally anticipated. It will be the gift that keeps on taking.

Hang on to your wallets folks, we’re in for a messy ride.

Parking Lot 5 to Close for Test Borings

The Town of Chapel Hill has hired a contractor to conduct environmental assessments of a site that is selected for a proposed $75 million three-section building complex combining condominiums, retail, and parking on Town-owned Parking Lot 5 in downtown Chapel Hill.

The environmental assessments, to be conducted by Environmental Consulting Services, Ltd. (ECS) will require closing the parking lot located between Franklin and Rosemary Streets at the intersection of Church Street.

Municipal Parking Lot 5 will be closed from 4 a.m. to 1 p.m. Saturday, March 17, from 6 a.m. to 9 p.m. Sunday, March 18, and 8 a.m. to 9 p.m. Tuesday, March 20. All vehicles must be removed. Accommodations will be made for individuals with leased parking spaces. Call the Town’s Parking Services Coordinator at 968-2835 for more information. Motorists may find available parking at the Rosemary Street Parking Deck, 150 E. Rosemary St., Municipal Lot 2 at 100 E. Rosemary St., or Municipal Lot 3 at 415 W. Franklin St.

The environmental assessment will include a geophysical study to determine if underground tanks are present, as well as up to 30 test borings of the soil. While the Town has conducted previous environmental studies, this week’s assessment will provide a more detailed examination of the soil conditions of the site. Engineers will evaluate and describe site hydrogeological conditions; determine the location, type and concentrations of contaminants; and determine the requirements for remedial action based on the applicable regulatory environmental guidelines.

Negotiations with Ram Development Co. are under way since the Council authorized Manager Roger L. Stancil on Feb. 12 to execute the development agreement. Issues for negotiation have included energy efficiency construction, parking for affordable housing, and environmental considerations. Reflecting its commitment to environmental stewardship, the Town has pursued additional information on the site’s environmental conditions as negotiations continue.

The Town has completed an earlier environmental assessment of the Parking Lot 5 site. Following this phase one study conducted by ECS on Aug. 18, 2004, engineers recommended a ground penetrating radar survey be performed to determine if underground storage tanks are located on the site. Next week’s survey will determine if such tanks are located on the site. ECS also performed work on Oct. 27, 2004, and April 13, 2005, for additional explorations to evaluate the depth to rock in Lot 5 as part of the design analysis for underground parking.

Citizens may review information on the Town website about the Downtown Economic Development Project at http://townhall.townofchapelhill.org/projects/dedi/

I’ll be looking forward to the timely release of these reports and plan to review them in detail.

I also will be calling on Council, as I have before, to stop any further movement on this project pending the results of these tests. To give our residents a chance to catchup and reflect on the consequences of “digging a deeper hole”.

Surely they deserve to know how much the hazardous waste remediation is going to cost before having their Council further the process.

My guess, based on the rushed, imprudent and unfortunate decisions the majority of Council have already made on this project, they won’t stop the juggernaut.