Category Archives: LocalPolitics

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

Chapel Hill News: Crushed by Council’s Jagganath

I commented Dec. 4th that the Lot #5 development juggernaut was powered by an all-consuming illogic I fully expected to crush rational opposition.

I wasn’t disappointed [VIDEO].

Echoing that sentiment, today’s Chapel Hill News speaks of a

“proposal…so big and had so much town involvement — Mayor Kevin Foy and council member Bill Strom have been its primary cheerleaders — that it has generated its own momentum.”

Private-public partnerships have and can be quite effective in promoting good policy on many fronts, but, unfortunately, land development is one that’s been subject to quite a bit of abuse.

Whether being consumed and co-opted by the process or willful ignorance, the landscape is rife with examples [thanks Molly, I miss you] of private interests implementing poor public policy – and a perversion of the public good in a rush to implement “sustainable economic development”.

By any objective standard, the ever quickening trajectory of this project has left judicicious public review in the dust:

When they unveiled the new version in November, the scale of the thing had dramatically shrunk — no more Wallace Deck project — although its cost remained just about the same, and the town’s financial stake had dramatically grown, from the original half-mil to $7.25 million. That’s more than a little tweak.

The project has been on a fast track ever since, and apparently will remain on one; the council agreed to move the project speedily through its review process.

Yep, the steamroller was shifted into higher gear last week.

The CHN shares my qualms:

The town is too closely bound to the project for our taste. Either retain the property and use it for truly public purposes — as a park, for example — or sell it to a private developer and be rigorous in reviewing whatever plans that developer proposes.

What can we do?

Contact our Council members (CONTACT) and let them know you don’t want to be steam-rolled by private interest.

Remember, Laurin Easthom and Jim Ward are fighting this proposal – Bill Strom and Kevin Foy are the most vocal boosters with Mark Kleinschmidt facilitating. Sally Greene, Cam Hill, Ed Harrison and Bill Thorpe support this “taking” to various degrees.

I’ll also be reporting on alternative modes of protest as they develop.

Trashing the Rogers Road Community, Again

[UPDATE: Response to davepr from Orange County BOCC member Moses Carey.

The Rogers Road (MAP) community has long suffered from promises unkept.


[UPDATE:] Embedded video:



At Feb. 12th’s Chapel Hill Town Council meeting
Sharon Cook and Jeanie Stroud defend their Rogers Road community.

As you might remember from my recent posts, the area is coming under closer scrutiny by Chapel Hill, which stands poised to annex the area.

Whether through deliberate environmental racism or just plain old callousness, the Rogers Road community, backing up to the Orange County landfill, has had to deal with the consequences of our garbage woes for decades while original promises, such as keeping the landfill north of Eubanks, fell to expediency in the mid-’90s.

Instead of treating this traditionally black community with the due courtesy and respect they deserve – deserve doubly for both dealing with the noxious detritus of our modern life and the many unfulfilled obligations our leaders made on our behalf – our community continues to give short shrift to our northern neighbors.

In December I attended the kickoff meeting for the Rogers Road Small Area Plan. That meeting cemented my concerns that, once again, the Rogers Road community would be getting the short end of the stick.

Why? Money, of course. From the Rogers Road corridor east towards Martin Luther King (Airport) Road is going to be prime development land. If Chapel Hill annexes the neighborhood before the landfill closes the tax valuations will race ahead of the land resale value. A developer, though, could pick up tracts for a song – sit on them waiting for the landfill to close up shop – and turn a pretty penny.

To avoid that our Council needs to promise to coordinate the annexation time table with the closing of the landfill. Let’s be fair.

Shorter term, the Rogers Road community faces the prospect of a garbage transfer station being sited on Eubanks.

Now, in many respects I’m proud of the strides our community has made in dealing responsibly with garbage.



Strategic operations by the Orange County Solid Waste Management Department, along with our community’s strong recycling efforts, have extended the life of the existing landfill while redirecting various waste streams into beneficial uses – mulching, composting, recycling, etc.

With the anticipated 2010 closure, transferring waste will become a necessity. Shipping it in or out of county entails another set of environmental consequences. Our community must take a leadership role in responsibly dealing with the 25,000 tons – 29% of the total waste – formerly going into the landfill.

Maybe the most effective site for the transfer center is the existing Eubanks road location. And maybe you can make it look “Greek or Roman temple”.

But if the Rogers Road community says “we’ve had enough” then we’re obligated to find an acceptable solution.

Downtown Development: Feb. 12th Council Debate

[UPDATE:] The video below streams from my site – here’s the Google Video that streams faster.

Here’s the complete “debate” Council held on the Lot #5. Note how quickly the expedited SUP application was approved.


Downtown Development: The LEEDs Trade-Off, AIA 2030 Up Next

Sally Greene suggested trading formal LEEDs certification, which RAM’s VP Casey Cummings said cost $225K, for a required %20 energy reduction, as measured against ASHRAE standards.

Cummings claimed that $14.5K of the $225K involved energy modeling and measurement – the rest involved paper shuffling.

After reviewing the current proposal, it is still not clear that the Town has discussed a baseline with RAM for what a “reduction” entails – let alone a methodology to establish meeting the ASHRAE goals.

That issue aside, if we trade away LEEDs, which as Sally pointed out is an arguably flawed tool (no surprise, local folks pointed that out over a year ago), we still need to establish a firm requirement for a reduced energy footprint and make the commitment to independently establish compliance with that requirement.

In other words, not just take RAM’s word (“trust but verify”).

So, if we spend the $14.5K to verify adherence to LEEDs principles without doing the LEEDs paper-shuffle – well, that seems reasonable in isolation.

But, then again, why are we trading away anything? We’ve already reduced the public space, we’ve upped our public investment 15-fold, we’ve assumed a significant liability for less and less public utility. Our compliant negotiating team let RAM chip, chip, chip away the value.

And why just %20? If RAM pushed for %50, they’d qualify for a hefty tax break – $1.80 per square foot. Heck, they would get $0.60 per square for hitting %17.

Why are we begging them to do the “right thing”?

Luckily, Council will have an opportunity to attenuate their environmental misstep when Tom and company submit the following challenge to Council calling on all local building to meet the much more stringent AIA 2030 goals – a suggestion, at least for Lot #5, that was dismissed almost without comment.

Resolution to the Town of Chapel Hill to Adopt the AIA 2030 Challenge:

Combating Climate Change through Building Design

Whereas buildings in the United States are responsible for 48% of primary energy consumption and 46% of greenhouse gases; and

Whereas current trends indicate that, unless immediately addressed, the amount of energy consumed by buildings will continue to escalate; and

Whereas 7% to 8% of energy consumed in the United States (150 Btus/gallon water) is associated with the treatment and transport of municipal water; and

Whereas to restrict global warming to less than 2 degrees C above pre-industrial era levels will require atmospheric carbon dioxide levels, now at 380 ppm, to be held below 450 ppm; and

Whereas the decisions made today in designing buildings will directly impact the amount of energy consumed by those buildings for decades to come; and

Whereas technologies and skills exist today that enable architects to design buildings to consume a fraction of the energy that is typical of current construction; and

Whereas the American Institute of Architects has adopted the targets of “The 2030 Challenge”, establishing the national goal of immediately reducing “site” fossil fuel consumption and carbon dioxide emissions in new buildings and major renovations by 50%, and continually improving energy performance so buildings constructed in 2030 will be carbon neutral; and

Whereas the Town of Chapel Hill has agreed with the University of North Carolina at Chapel Hill to jointly participate in a carbon reduction program;

Therefore, be it resolved that the Orange County Democratic Party calls upon the Town of Chapel Hill to recognize the imperative of immediately addressing climate change through the buildings built within the Town by taking all necessary steps to insure that all new buildings, major renovations and additions be required to consume 50% less fossil fuel energy than is typically consumed.

Further, in order to mitigate the impacts of climate change associated with the operation of buildings and to reduce greenhouse gas levels to those experienced in 1990, we additionally call upon the Town of Chapel Hill to require the improvement in the energy and water efficiency of our building designs at the following rates until, in 2030, our buildings consume only site-generated and/or purchased renewable energy.

Years % reduction in non-renewable energy
2007 – 2010 50%
2010 – 2015 60%
2015 – 2020 70%
2020 – 2025 80%
2025 – 2030 90%
2030+ 100%

For a Council that appears to be incapable of managing its own environmental concerns, the AIA 2030 challenge might be too much of a stretch.

I hope that I’m wrong and that they’ll rise to the challenge.

Downtown Development: Feb. 12th Citizen Comment

Endorsing the flawed deal:





Anita Badrock Chapel Hill/Carrboro Chamber of Commerce


Criticizing the misbegotten proposal:





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




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




Jean Brown Chapel Hill/Carrboro school advocate




Tom Henkel Long time resident, brilliant alternative energy consultant.




Mike Collins leader of Neighborhoods for Responsible Growth




Joyce Brown Environmental activist, former Council member.




WillR of Citizen Will.

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

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

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

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

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

3.5 Town’s Obligation to Remediate.

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

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

Page 27, January Agreement

Prepare to bend over Chapel Hill.

The Sad Story of Council’s Downtown Development Initiative

They say, the story is buried in the details.

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

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

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

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

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

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

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

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

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

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

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

Downtown Development: RAM’s VP Cummings’ Smackdown

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



[MOVIE]

Both requests seem quite reasonable.

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

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

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

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

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

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

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

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

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

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

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

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

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

N&O

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

The Chickens Have Roosted: Council’s Environmental Credibility Gap

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

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


[MOVIE]

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

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

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

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

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

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

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

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

Out-Foxed Chapel Hill Style

The Downtown Development Initiative is a steamroller (in more ways then one). Check out this summary of comments from Nov. 20th’s public hearing. A little light and less nuanced than the opposition comments I recall. Good thing there’s a video record on-line.

So why introduce the following bias?

Potential Advantages of the Project

-Mixed use adds life to downtown
-Residents downtown year-round desirable
-Will stimulate other private development
-Residential development is the key to revitalization
-Will visit cultural facilities, businesses, increase tourist dollars
-Need diversity of pubic spaces and flexibility for uses
-Proposal could be a model for other developers
-Project embodies sustainability principles: economic, environmental, social
-Improves quality of life
-Reduces dependence on automobile
-Improves ability to work where live
-Helps prevent sprawl and retain rural buffer
-Removes surface parking
-Provides significant public open space
-Improves tax base
-Commend LEED certification and energy efficiency
-Improves public safety downtown
-Provides affordable housing
-Consistent with Downtown Small Area Plan
-Is right place for a taller building
-Downtown needs a multiple use center to attract people
-Quality of the design is high
-Public art will be center stage
-Supports vibrant, walkable, liveable community
-Economically a good deal for the Town
-Indirect public benefits make deal even better
-It is the right place for the project; keeps out of neighborhoods
-Will provide more people downtown to sustain retail downtown uses
-If we want to retain the rural buffer, we need more density in Town of Chapel Hill
-Thanks for keeping the affordable housing in the proposal

Concerns Noted Regarding the Project

-Make design fit in with Chapel Hill
-Financial risk too great for the Town
-Wrong place for this development; put in neighborhoods?
-Ruins spirit of Chapel Hill
-Principle of revenue neutral investment not being met
-Take more time to consider project
-Latest “magic bullet” that will not improve quality of life
-Will units be quiet and have firewall construction?
-Will it be family housing?
-Incorporate solar technology and be a model for energy conservation
-Is commitment to local businesses being met?
-What happens if the developer goes bankrupt?
-99-year lease is too long
-Buyout of rights in 50 years could be a concern for Town down the road
-Make sure underground parking is well-lit
-Make sure condominium association dues are reasonable for the affordable units

Downtown Development: Easthom’s questions, questions, questions…

More questions about the Town’s and RAM’s Lot 5 development (DDI) plan?

Well, there’s been a dearth of specifics, so there should be a wealth of questions.

Add to the throng of “those who want to know” Council member Laurin Easthom.

With tonight’s pre-vote presentation on DDI looming (not a public forum)), Easthom weighs in with her questions in what is the most public analysis by one of our elected officials of the “new” RAM development deal.

She’s not against development but is looking for solid answers to questions that should’ve been answered over the days since Nov. 20th:

There undoubtedly has been much written and discussed about the redevelopment of Parking Lot Number 5. Here are my feelings. I think that redevelopment of this site for residential and commercial use is important for being an impetus for more good redevelopment downtown in the future.

More here.

The Town’s stale site (as of 12/04/06) on the Downtown Development Initiative (DDI).

Downtown Development Initiative: Our Fair City Before Lot #5

Making some progress on a GoogleEarth visualization of downtown.


Here’s some data if you want to either visualize Chapel Hill within GoogleEarth or want to start fresh with a re-import. Small caveat on the GoogleEarth import – don’t turn on the terrain as I still need to tweak the elevations to get the right output.

If anyone manages to adjust the terrain before Sunday, please consider routing the changes back my way….

Tools:

Data:

Hope to have Granville Towers and RAM’s Lot 5 proposal by Sunday. And, with any luck, a decent flyby to demonstrate the visual impact of the 104′ leviathan.

Downtown Development Initiative: Search for Wholesome Goodness Continues…

I believed the Town’s web site covering the Downtown Development Initiative would be updated after Nov. 20th’s public forum. After ten days, I finally sent in a formal request.

Here is Town Manager Stancil’s response:

Dear Mr. Raymond:

Thank you for our email message at 10:49 am on Dec. 1 to the Manager, Mayor and Town Council in which you requested that we “publish the remaining reports, discussions notes, comments, etc. that went into forming the “new deal” over the Summer”.

To the extent that there are documents related to the negotiations that took place this past summer which are public records under North Carolina law, we will be pleased to make them available for copying.

We are in the process of reviewing the staff files to determine what materials are public records and can now be released. However, it will not be possible to complete this work and determine what documents can be provided until next week.

Your message also states that “the final deal is set and the public still doesn’t have those details.” As the Agenda materials for the Council’s Dec. 4 meeting indicate, the Council is being asked to consider whether to authorize the completion of a Development Agreement to be brought back for the Council’s consideration in early 2007.

If you have any questions, please let me know.

Roger Stancil

Town Manager

Thank you Roger for getting back before close of business.

CitizenWill readers, I apologize for not moving more quickly on my request for further information.