Tag Archives: Government

Carrboro, ChapelHill, environment, Government, LocalPolitics, OrangeCounty

Trash Talk: Promises Unmet

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[UPDATE:] Dan Coleman posted this nice summary over on OrangePolitics of the ’97 minutes:

Thanks, Mark. Your four points are absolutely correct. As well as reviewing the 1997 agreements, the Commissioner’s ought to take a close look at the landfill neighbors’ current “Hope List”:

  • 1) Cover open bed trucks going to landfill (agreed to in 1997 document)
  • 2) Lower speed limit from 40 to 25 (issue with DOT)
  • 3) Trash pick up along side Rogers Road (agreed to in 1997 document)
  • 4) Site clean up and community assistance
  • 5) Transit system for Rogers Road (promised in 1997, cost estimate for next FY requested last month)
  • 6) Summer jobs for youth (15-19)
  • 7) Sidewalks on both side of road (Carrboro is proceeding with study of its side)
  • 8 ) Define county-wide goals as relate to Rogers Road communities
  • 9) Recreation program in this community

I met with Reverend Campbell and Barbara Hopskin last week to discuss this list. It seems to convey a clear sense of what the neighborhood is looking for. I was struck by the extent to which these items are matters of common-sense, with many part of our regular processes for neighborhood improvements (improvements Rogers Road has waited on for far too long).

Thank you Dan for doing the heavy editing!

[ORIGINAL]

As I posted before, the Rogers Road community was supposed to receive value in trade for siting a landfill in their backyards.

During the Oct. 22nd, 1997, Assembly of Governments meeting (minutes [PDF] ) the following statements were made, reviewed, submitted to a vote and either passed or not.

First, these 5 key points of which each governmental body was asked to agree upon:

1. The County becomes the local government with primary authority and responsibility over operational and policy matters related to the solid waste system, subject to the limitations imposed by the Agreement.
2. In its capacity as the system operator, the County agrees to establish and maintain a new disposal facility, and in return for access to disposal capacities the Towns agree to provide their solid waste and recyclables to the County system.
3. The parties jointly agree on the location of that new disposal facility.
4. The parties agree on benefits or benefits processes related to the communities (a) in the area of the existing landfill and (b) in the area of the new disposal facility.
5. The parties agree on some treatment of the Greene Tract.

The following commitments were made:

ITEM FOURTEEN (xiv): This item reads as follows: The Working Group recommends that three residents of the area near the Eubanks Road landfill (two in the Rogers Road area, an one in the Millhouse Road area) be identified to receive all mailings and information sent to members of the Landfill Owners Group or its successor agency. This information should be made available to all residents of the area.

A motion was made by Council member Chilton, seconded to Alderman Gist, to approve this item as written.

VOTE: MOTION PASSED

Status: I’m not aware of the compliance with this directive.

ITEM TEN (x): This item reads as follows: The Working Group recommends that Chapel Hill Transit re-route the North-South connector bus line to serve Rogers Road on either its northbound or southbound trip, starting with the 1998-1999 service year. For the duration of the 1997-1998 service year, the Rogers Road area should be designated as a Shared Ride Feeder Zone if this can be accomplished within adopted budgets and available resources. [MY EMPHASIS]

Council member Franck stated that changing the bus route would be a “zero” cost option from a budgetary viewpoint. It will have a slight cost from a transit operation standpoint. This was not the first choice of Manager Cal Horton who recommended an alternative route.

A motion was made by Council member Franck, seconded by Alderman McDuffee, to approve Item Ten.

VOTE: Motion Passed

Status: Unmet due to various reasons. Brought up again during 2005 Chapel Hill election. Finally looks to be implemented.

This item reads as follows: The Working Group recommends that Orange County erect “Children Playing” and “School Bus Stop” signs on Rogers Road. Residents of the Rogers Road neighborhood will identify appropriate locations for these signs.

Commissioner Halkiotis asked if the Department of Transportation had declined this request.

Council member Chilton said that they had declined, however, the Town of Chapel Hill would provide these signs.
A motion was made by Council member Chilton, seconded by Alderman Gist, to approve this item as presented.

VOTE: Motion Passed

Status: For several years I’ve heard complaints from Rogers Road citizens that the signage is not sufficient.

ITEM EIGHT (viii): This item reads as follows: The Landfill Owners Group will budget for the installation of perimeter fencing around the Orange Regional Landfill no later than the 1998-1999 Budget Year. Prior to completion of the fence, the Director of the Orange County APS shall be notified ,strong>to ensure that no large animals are trapped inside the fence.

Commissioner Gordon requested clarification regarding the concerns staff had about providing this perimeter fencing.

County Manager Link indicated that staff had questions about whether a 6’ fence was adequate given that deer could jump over a fence that high.

Council member Chilton stated that the neighbors were concerned about animals going into and out of the area, in particular dogs and vermin. The construction of a fence designed to control animals would be approximately $50,000 more expensive than the cost of the original fence which was approximately $150,000.

Commissioner Halkiotis suggested that the height and mesh needed to be adequate to keep out both vermin and deer.

A motion was made by Mayor Nelson, seconded by Alderman Gist, to approve this item as presented.

VOTE: Motion Passed

Status: Might’ve dealt with large animals getting out but the converse, keeping small animals like rats in, not complied with to the Rogers Road community’s satisfaction.

ITEM SEVEN (vii): This item reads as follows: The Working Group recommends that residents living near the Orange Regional Landfill take initiative in identifying perpetrators of illegal dumping near the landfill to assist in successful prosecutions. Identification of vehicles, license tags, drivers, and/or types of articles discarded should be made when possible.

The Landfill Owners Group will investigate with the Orange County Attorney the possibility of enacting legislation which would provide for civil penalties for illegal dumping, to make it easier to penalize people who litter. In addition, the LOG will publicize the names of those convicted of illegal dumping.

The Working Group recommends that additional “No Littering” signs be erected in the neighborhoods near the landfill.

A motion was made by Commissioner Carey, seconded by Alderman Gist, to approve Number Seven.

VOTE: Motion Passed

Status: A common complaint is that the current garbage transfer trucks produce a great amount of roadside litter. I’d be interested if anyone knows of haulers being cited for violating either local or state litter laws.

ITEM SIX (vi): This item reads as follows: The Landfill Owners Group will adopt a policy governing construction at the Orange Regional Landfill. This policy will govern issues affecting neighboring residents, including nighttime construction, blasting, and noise. The policy will identify ways to mitigate or eliminate adverse effects on landfill neighbors, and will require all neighbors (those living in the areas to be provided with water and sewer service) to be notified one week in advance of the start of construction. Such notification shall include the estimated duration of construction, and a description of any special construction activities which may impact neighbors. Notification will, at a minimum, include posting of signs on the four roadway entrances into these neighborhoods (the north end of Millhouse Road, both ends of Eubanks Road, and the south end of Rogers Road).

Under ordinary circumstances, the LOG and its contractors will avoid construction between the hours of 11:00 p.m. and 6:00 am and will provide for immediate notification of neighbors when emergency circumstances dictate that construction activities are unavoidable during these hours. The LOG will ensure that any contractors carrying out construction at the landfill follow the Orange County Noise Ordinance.

Council member Chilton stated that Chapel Hill staff’s assessment was that construction would most likely be happening all of the time, which would mean that signs would be posted all of the time.

A motion was made by Alderman Zaffron, seconded by Mayor Nelson, to approve Number Six of this agreement.

VOTE: Motion Passed.

Status: I remember complaints about construction noise when the landfill infrastructure was being modified/expanded during the early 2000’s. Not sure how the complaints were resolved.

I would hope that a similar provision would be adopted and ENFORCED if the transfer station is built on Eubanks.

ITEM FIVE (v): This item reads as follows: The Landfill Owners Group will adopt a policy which doubles the minimum frequency of litter pickup on roads surrounding the Orange Regional Landfill. This will result in litter pickup on Eubanks Road east of the landfill entrance at least twice weekly, on Eubanks Road west of the landfill entrance at least six times annually, and on Rogers Road at least eight times annually. Future modifications of these pickup frequencies shall be made only by the Landfill Owners Group or its successors.
A motion was made by Council member Franck, seconded by Alderman Zaffron, to approve this item.

VOTE: Motion Passed.

Status: Roadside litter is a common complaint. I don’t recall any complaints on frequency – I hope to get a better read on this soon.

ITEM FOUR (iv): This item reads as follows: The Landfill Owners Group will adopt a policy which requires loads of mulch leaving the Orange Regional Landfill to be covered. The Landfill will make available for sale tarps of various sizes for purchasers of mulch to cover their loads. This policy will become effective after a three month grace period, during which time education will be provided to mulch purchasers at the landfill.

A motion was made by Alderman McDuffee, seconded by Council member Franck, to approve this item.

VOTE: Motion Passed

Status: From personal observation (based on several years of following trucks on Eubanks after exiting Millhouse) it seems that government-related loads of mulch are the most likely to be inadequately covered and blowing out. Not sure what the general compliance has been with this provision.

ITEM THREE (iii): This item reads as follows: The Landfill Owners Group will prepare and recommend a policy for adoption by the Chapel Hill Town Council which will require loads of waste (MSW and Construction and Demolition waste) being brought to the Orange Regional Landfill to be covered. Under the policy, loads which are not covered would be subject to fine. The fines would become effective after a three month grace period. Non-commercial first-time offenders should be offered the option of purchasing a tarp at the landfill in lieu of paying the fine.

Council Member Chilton stated that there is already a state law to this effect but it is not as stringent as this requirement would be.

A motion was made by Council member Pavao, seconded by Alderman Zaffron, to approve this item.

Status: Need more information. My personal observation is that compliance has slipped over the years as development has increased.

[UPDATE:] Carrboro Board of Aldermen Dan Coleman offers this succinct list of motions approved and defeated. From OrangePolitics:

ASSEMBLY OF GOVERNMENTS
OCTOBER 22, 1997

  • Item: three residents of the area near the Eubanks Road landfill (two in the Rogers Road area, an one in the Millhouse Road area) be identified to receive all mailings and information sent to members of the Landfill Owners Group or its successor agency.

    Motion Passed

  • Item: no expansion (beyond the existing permitted disposal capacity) of the disposal areas (MSW or Construction and Demolition) of the Eubanks Road landfill occur.
    The Working Group recommends that the Landfill Owners Group or its successor make no incremental land acquisitions at the Eubanks Road Landfill.

    MOTION FAILED

  • Item: following the closure of The Eubanks Road landfill, portions of the landfill (as allowed by regulations), the Neville tract, and at least 50 acres of the Green tract will be used for recreation facilities.

    MOTION FAILED

  • Item: sponsor a public information meeting regarding the planning boundary (future annexation boundary) between Chapel Hill and Carrboro.

    MOTION FAILED

  • Item: re-route the North-South connector bus line to serve Rogers Road on either its northbound or southbound trip, starting with the 1998-1999 service year

    Motion Passed

  • Item: erect “Children Playing” and “School Bus Stop” signs on Rogers Road.

    Motion Passed

  • Item: budget for the installation of perimeter fencing around the Orange Regional Landfill no later than the 1998-1999

    Motion Passed

  • Item: Investigate with the Orange County Attorney the possibility of enacting legislation which would provide for civil penalties for illegal dumping, to make it easier to penalize people who litter. In addition, the LOG will publicize the names of those convicted of illegal dumping.
  • Item: The Working Group recommends that additional “No Littering” signs be erected in the neighborhoods near the landfill.

    Motion Passed

  • Item: policy will govern issues affecting neighboring residents, including nighttime construction, blasting, and noise. The policy will identify ways to mitigate or eliminate adverse effects on landfill neighbors

    Motion Passed

  • Item: litter pickup on Eubanks Road east of the landfill entrance at least twice weekly, on Eubanks Road west of the landfill entrance at least six times annually, and on Rogers Road at least eight times annually.

    Motion Passed

  • Item: requires loads of mulch leaving the Orange Regional Landfill to be covered. The Landfill will make available for sale tarps of various sizes for purchasers of mulch to cover their loads.

    Motion Passed

  • Item: require loads of waste (MSW and Construction and Demolition waste) being brought to the Orange Regional Landfill to be covered.

    Motion Passed

  • Item: water and sewer mains be extended to provide service to the area along the entire length of Rogers Road; Millhouse Road from Eubanks Road to New Jericho Road; and serving households on other side streets off these main roads (including, but not limited to Purefoy Drive, Rusch Road, Priscilla Lane, Sandberg Lane, Meadow Run Court, Manor Drive, Manor Court and Blackwood Mountain Road)

    Motion Did Not Pass

Community, EconomicDevelopment, environment, Government, OrangeCounty, Ruminations

Trash Talk: The Ticking Clock

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For a problem 35 years in the making, the push to finalize the site of the transfer station seems precipitous. To echo Mark Chilton’s letter, until a county-wide assessment is made, setting a timetable now is not prudent.

Here’s the draft timetable from tonight’s agenda item:

It would be nice to see a concurrent push to reduce, reuse and recycle (even more) of the waste stream that paralleled the implementation of the transfer site irrespective of where it is sited.

For instance, a plan to effectively utilize the biomass to produce bio-diesel, methanol or methane to supplement other centralized sources of energy should go hand-in-hand with our transition to a new waste site (wherever it is sited).

Carrboro, ChapelHill, CivilLiberties, Community, Development, environment, Government, Hillsborough, LocalPolitics, OrangeCounty, Ruminations

2035 Orange County’s Garbage Center of Gravity?

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I was struck by a conjunction between the following image from the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization 2035 Long Range Transportation Plan Socio-Economic projections I mentioned earlier and the debate currently raging over siting a trash transfer station on Eubanks Road.

35 years ago the Orange County landfill currently blighting the Rogers Road community was sited close to Chapel Hill/Carrboro communities because they constituted the predominant source of garbage.

Now, with projections of dramatic population shifts 30 years hence, it seems like the center of gravity for Orange County’s trash production (creation?) is shifting North.

I did a quick review of the Orange County Board of Commissioners agenda items covering the Rogers Road issue and couldn’t find a discussion of a new “trash axis”.

Maybe those more mathematically inclined could weigh in on how to calculate this new centroid which, it would seem, help locate the most effective transfer site.

Potential site for transfer station at the Hwy 70/I-85 split (within the Eno Economic Development District):


Eno Economic
Development District

ChapelHill, CitizenWill, Community, Government, Technology

The page cannot be displayed…Chapel Hill’s Website Woes

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I use the our Town’s two websites, Townhall.TownOfChapelHill.org and TownOfChapelHill.org, quite extensively to keep up with our local governance.

More and more I’ve run into:

The page cannot be displayed
Explanation: There is a problem with the page you are trying to reach and it cannot be displayed.

Try the following:

  • Refresh page: Search for the page again by clicking the Refresh button. The timeout may have occurred due to Internet congestion.
  • Check spelling: Check that you typed the Web page address correctly. The address may have been mistyped.
  • Access from a link: If there is a link to the page you are looking for, try accessing the page from that link.

Technical Information (for support personnel)

  • Error Code: 500 Internal Server Error. -1073479663(-1073479663)

Last week I couldn’t retrieve a number of agenda and minutes attachments from 2005 and 2006. Yes, they’re tucked away somewhere safe on paper in the Clerk’s Office, but that is not too end-user friendly.

I know Bill, Ari and Bob work hard to keep our IT afloat, I have to wonder if this is related to our use of CivicPlus’ “free” service.

Our Town’s “free” trial is about to expire, we should iron out these difficulties before moving forward on a renewal.

Or, as our citizen’s Tech Board realized, we need to move to a non-proprietary provider that uses accessible, open standards.

ChapelHill, Community, Downtown, EconomicDevelopment, Government, OrangeCounty, Ruminations, Transportation

Chapel Hill 2035

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[UPDATE] The Chapel Hill News’ OrangeChat noted the growth Mar. 5th.

The Durham-Chapel Hill-Carrboro Metropolitan Planning Organization 2035 Long Range Transportation Plan Socio-Economic projections are in and, as Sally notes, they forecast a whopping increase in population.

Table 1: Draft 2035 Plan Socio-Economic Projections

Jurisdiction

Population

Employment

2005

2035

% inc.

2005

2035

% inc.

Chatham County*

34,629

153,362

343%

8,196

16,953

107%

Durham County

229,796

370,007

61%

172,825

308,886

79%

Carrboro

21,328

26,879

26%

4,320

6,751

56%

Chapel Hill

52,394

81,297

55%

35,314

81,227

130%

Hillsborough

12,651

22,613

79%

5,762

14,606

153%

Orange County**

43,739

55,537

27%

3,946

7,255

84%

*Includes the portion
of Chatham County that is in the Triangle Regional Model area.

55% increase in population, 130% in employment! 81,297 folks living in Chapel Hill with employment at 81,227 seems to indicate quite a few folks will be coming from out of town. If you review their maps, it also appears that UNC’s Carolina North plays a huge role in that projected employment increase.

Whatever the reliability of the projections, and coming on the heels of Council’s dreadful and precipitous decision to create a TC-3 zone allowing 120′ tall buildings, I hope our fair Downtown doesn’t end up looking like this:

ChapelHill, CitizenWill, Downtown, EconomicDevelopment, Government

Giving Kiosk Out, Panhandling Meters In?

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Last year, the Downtown Partnership (DPC) commissioned a “giving kiosk” for Downtown. Callie Warner, my neighbor and metalsmith, designed what Liz Parham, Direcor of the DPC, described in this May 16th, 2006 Chapel Hill News column [PDF] as an “economic development tool”:

This past week the Chapel Hill Downtown Partnership carried a concept proposal for a privately funded “Giving Kiosk” to the Town Council for review. The purpose of the Giving Kiosk is to provide downtown visitors with an alternative to giving money to panhandlers by directing their giving to human service agencies that provide beneficial services to those that are in need in the downtown area; to educate the public on the services that are needed and those that are offered; and to educate the public on how social and behavioral issues are hindering the economic vitality of downtown and our community’s growth.

The Chapel Hill Town Council saw this more as an “art project” – introducing a bureaucratic muddle as local curmudgeon Roland Giduz noted last June

This plan is to install a giving kiosk is as an alternative to donating to panhandlers. It will be completely privately financed. It won’t cost taxpayers a penny and should relieve the popularly perceived image of beggars harming the aura of Chapel Hill’s public shopping area.

An anonymous donor has offered to pay the $17,000 construction cost of building and installing this small sidewalk structure downtown. As tried and used elsewhere in similar circumstances, it offers people the option to contribute to designated charities instead of enabling panhandlers. The Chapel Hill Town Council recently considered this proposal, seemed to like it, and commissioned a local artist to submit a design. The resulting design by Callie Warner shows a securely- built rectangular structure, simply roofed and with slots for contributions. It is purely a functional kiosk, both in design and appearance.

As all too often happens when something is caught in the maw of bureaucracy, the kiosk idea has been shoved aside ‘til it can be considered as art, rather than as a functional structure. It now awaits a decision — yet-to-be considered or approved – as to whether it is art instead of a simple structure for its intended purpose. Until then there’ll be no giving kiosk and no donation of it or to it.

In the past, I’ve been critical of some of the harsher aspects of Denver’s Give a Better Way campaign , echoing our local Council champion of homelessness causes Sally Greene’s concerns :

Narayan thus argues, and I agree, that a concern that the presence of panhandlers in a downtown district discourages foot-traffic and therefore undermines the economic health of downtown is not a morally valid reason for the further regulation of panhandling.

On the other hand, the impulse behind the idea of the giving kiosk had much to recommend itself. I think it represented a genuine wish to be helpful, to reach out as a community to help those in need. The trouble is that we don’t have natural connections with panhandlers; they appear to us as strangers, one at a time, seemingly cut off from the community. We really don’t know what a pandhandler will do with the dollar we give him, and we have reason to fear the worst. The initiatives that the Downtown Outreach Work Group is about to embark on are potentially good ones–as long as they include a recognition that in the end we cannot control the lives or wills of others, that not every panhandler is dishonest or deceitful, that there is genuine need staring us in the face. (The Denver program’s home page is pretty harsh: a picture of an upturned palm, inscribed, “Please help. Don’t give.”)

Yes, the impulse to give, to help is commendable and should be nurtured.

That’s why I’m willing to follow Denver’s lead while Council works out the finer points of art, and suggest we trial Denver’s practical approach of using recycled parking meters to collect funds:

The city of Denver has recycled old parking meters to help in the fight against homelessness.

The old parking meters have been placed at various locations in downtown, including Skyline Park.

The idea is to encourage people to put the money into the parking meters instead of giving to panhandlers. Money raised from the meters will go to organizations fighting homelessness.

Mayor John Hickenlooper said the city’s 10 year plan to end homelessness is working.

“Denver’s 10 year plan to end homelessness, what we call Denver’s road home, has really become a national model,” Hickelooper said. “I think we’ve had the greatest success in getting the whole community to buy in, to believe this is something we can tackle as a community.”

Officials unveiled 36 of the homeless meters on Monday.

Denver’s CBS4 Mar. 5th, 2007

The lede of this story – “help[ing] the fight against homelessness” – highlights yet again an unfortunate conflation between panhandling and homelessness.

They’re not equivalent.

I hope that it is a distinction the Chapel Hill Downtown Partnership Work Group on Homeless shares as they move forward.

ChapelHill, CivilLiberties, Community, Development, EconomicDevelopment, Government, Media, MunicipalNetworking, Ruminations, Technology

Community Networking: Profiting from Poor Leadership Clearwire Gains a Toe-hold

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Profiting from Council’s continued inability to craft effective technology policy, Clearwire, a wireless Internet service provider utilizing proprietary spectrum, has gained a toe-hold in our community.

These days, it’s hard to imagine getting through high school without the Internet.

However, there are at least 100 students at East Chapel Hill High School whose families cannot afford the service.

This number is a big concern for Ginny Guilfoile, East Chapel Hill’s Parent Teacher Student Association president who started a program to provide loaner computers and Internet access for students in need.

“I thought, how would it be if my kid didn’t have a computer,” Guilfoile said. “I knew there were kids that could not keep up with the other kids at East without the Internet.”
…
The district’s Information Technology Division was able to form a partnership with Clearwire, a high-speed wireless Internet provider.

Ray Reitz, the district’s chief technology officer, explained that by using Clearwire, the need for costly land-line phones or cable is eliminated.

“The cost of Internet access has been the main obstacle. The Clearwire solution is a completely wireless solution,” Reitz said.

Daily Tar Heel, Feb. 28th, 2007

Long time readers know how I’ve promoted the development of a community-owned network to stimulate economic development, bridge the digital divide and increase Town’s operational efficiency.

Councilmember Laurin Easthom has been the only elective leader to-date promoting the cost effective and tactical deployment of this “must have” infrastructure.

“Must have”? Yes, to compete effectively in the global marketplace we need to invest a modest amount in technological infrastructure.

Rider said she has received very positive feedback from the 42 students to whom the program has provided Internet access so far.

“One student told me the quality of her work improved because she had time in between going to school and working on assignments,” Rider said. “Basically they all talk about the same thing – how it was very hard to do their work and how much easier it is right now.”

Guilfoile said that although the program has been successful this year, the PTSA might not be able to sustain the funds needed to continue it unless they find a long-term source for funding.

Only 42 students now out of 100 alone at East covered by the $15,000 in grant money.

What of all the other students and residents within Town that are cut-off from the new Town Commons?

Free access to both information and information infrastructure is critical for our community’s success.

Recently, local activist Ellen Perry pointed out in a thread on OrangePolitics the problem the homeless have when cut-off from communication:

has any one ever thought about helping these folks get social security and a post office box so they could start to help themselves . if people dont have anywhere to get there mail its hard to start to get a check or a medicaid card or food stamps or apply for any of the stuff people have when they have a home.

As last week’s Independent headlined (Bridging the divide
Techies across the Triangle are finding ways to connect people around the world), more and more services are being directed and delivered via the ‘net.

For a community that prides itself on social justice and intellectual prowess, the continuing failure to bridge the gap is inexcusable.

ChapelHill, Elections, Government, LocalPolitics, Technology

Proprietary Public Policy: Chapel Hill Streaming Video Goes Live?

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In reviewing this evening’s notes on increasing the Town’s election contribution limits ($200 to $250) and lowering the standards of disclosure ($25 instead of $20), I noticed that Internet video is now available.

The Town’s proprietary Windows Media-based solution from Granicus was opposed by a number of members of the since dissolved Town Technology Advisory Board.

Here’s an overview of their system.

Sure, the Macromedia (now Adobe) Flash player used with the content I’ve posted on youTube and Google Video is proprietary, but, unlike the Granicus system, both give you a download option.


UPDATE:
The media player was not honoring the “no autoplay” directive. For the sanity of my readers, I’ve put in this direct link.
DIRECT LINK

I hope this issue is resolved before final deployment.

BTW, I think the current $200/$20 thresholds should stand until contested. Further, rather than fiddling with the limits we should be pushing for public financing – which, luckily, is on tonight’s agenda [#13]. The Council is asking the State permission to trial public financing.

Of course, asking is a lot easier than doing. Hopefully this won’t die on the vine after election 2007.

Government, LocalPolitics

Treasonous Slime: I know how Howard feels…

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Used by Joe Killian’s kind permission.

Automatic Writing’s Joe Killian caught NC’s Rep. Coble (R) returning to Greensboro after his finally joining in with the critics of Bush’s Iraq “surge” nuttiness.

Howard, I’ve been part of the treasonous cabal protesting our actions in both Iraq and Afghanistan since the beginning – welcome to the our reality-based club.

In my community opposition to our country’s ill-thought foreign adventures hasn’t generated any appellation of “treasonous slime”. On the other hand, my heretical and traitorous opposition to the Lot #5 Downtown development is, sadly, a different matter… 😉

For those folks, a small reminder of the calculus I use:

…there comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must do it because Conscience tells him it is right…

ChapelHill, CivilLiberties, Community, Downtown, EconomicDevelopment, Government, LocalPolitics, Ruminations

Chapel Hill News: Crushed by Council’s Jagganath

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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.

CivilLiberties, Government, Ruminations

I’m just a Bill

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Former Council member, occasional OP poster and Director of Bill Drafting for the North Carolina General Assembly since 1981, Gerry Cohen has a new ‘blog, NC Bill Drafting: 30 Years on Jones St., capturing the tug-n-pull of NC’s legislative tides.



What a great niche subject covered by a key player. For instance, he notes in this interesting post that 2007 is a banner year for legislative proposals – up over %40 since 2005.

Didn’t see that covered in the MSM. Thanks Gerry.

Here’s two other local legal ‘blogs that I like to read:

UNC Law prof Eric Muller’s Is That Legal – covering subjects as diverse as the WWII Japanese internment (which he’s an expert) to the near rescue of his great-Uncle Leopold from the Holocaust.

CreditSlips, which covers all things credit worthy. Their posts on payday lending, health-care related bankruptcy and credit in general are fascinating.

Both have educated me in areas I’d probably never stray to without the ‘blog-o-sphere.

I have a feeling Gerry’s ‘blog will be the same….

ChapelHill, environment, Government, LocalPolitics, OrangeCounty, Ruminations

Trashing the Rogers Road Community, Again

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[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.

AffordableHousing, ChapelHill, CitizenWill, Downtown, EconomicDevelopment, Government, LocalPolitics, Ruminations

Downtown Development: Feb. 12th Council Debate

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[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.


ChapelHill, Community, Downtown, EconomicDevelopment, environment, Government

RAM’s VP Casey Cummings – The Sixth Beatle?

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Is RAM Development’s Casey Cummings the sixth Beatle?

I’ll have to wait until tomorrow to get some video snippets (wish the Town was streaming video!) to get direct confirmation but it sure seemed like he was comfortable jumping up to the podium sans a request of Council.

I’m not quite sure the propriety of his hard charging rebuttals but I have seen the Mayor spank folks for making unbidden comments outside the normal time for testimony.

Heck, I wish I had had the opportunity to publicly cross-examine his assertions but I bit my tongue and chose to respond via the ‘blog.

Others commented on Cummings ease breaking convention in responding to Jim Ward – and seemed shocked that the Mayor didn’t rein him in.

I’m not surprised. With tonight’s vote, it’s clear that the Council has tilted away from the citizens and towards their partner – that in a sense they’ve been co-opted (though I still think it falls short of one person’s claim that they’ve succumbed to Stockholm Syndrome ) .

Given how difficult it was for me to see Foy’s, Kleinschmidt’s, Strom’s and Greene’s defense of RAM’s tipsy-turvy assertions, maybe, from Cumming’s side, their performance was emboldening.

The bar has been lowered. The door is opened. The precedent is set.

ChapelHill, Downtown, EconomicDevelopment, environment, Government

Downtown Development Intiative: Easthom, Ward on Hazardous Waste Liability

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Live ‘blogged from hearing:

Laurin Easthom picked up on a point that I didn’t have time to speak to this round: hazardous material remediation.

It’s incredible that a hazardous waste assay hasn’t been done on a piece a property that is known to have had oil and gasoline exposures. Back in the ’80s I used to do environmental assays of just such properties. The cost was quite modest, moreso considering the heightened risk entailed by this site.

As Laurin pointed out, the taxpayers will eat the open-ended cost of remediation – now, as the project starts, instead of later. So, one hit on tainted soil in 2007 could cost the Town’s taxpayers $2-3 or more million.

Where’s the due diligence? This is symptomatic of the gaps opened up during the negotiation process.

Now Jim Ward has jumped in on the hazardous waste issue adding that remediation is more than soil removal. Volatilization of the chemicals could require long term pumping strategies. As Jim said “I’m not ready for an open ended commitment”.

Jim calls RAM’s Casey Cummings out on the energy commitment language in this agreement – “don’t we already know what your answer is?” Jim Ward wants the language struck as a farce – non-sensical given RAM’s VP Casey Cummings rather stern declaration that they won’t do more.

Mayor Foy tries to defend RAM Development’s language – saying, incredibly, “it’s not like they will just change the numbers”. This with a project that has lost half of its putative purpose while increasing required public expenditures 15-fold. Tomorrow’s video clips hopefully will capture Foy’s strange defense.

Jim Ward jumps in with a valiant defense – and makes the excellent point that they’re leaving a tremendous legacy – a poor legacy if they let the project go forward.

Later on:

Foy suggests there should be some give and take – more negotiating but RAM has already squeezed an incredible deal out of Council. Trading more elements away makes a tragic mess worse. My review of the negotiating process convinced me that our Council members compromised all the promise of this project away while RAM gets to pickup a bigger and bigger payday.

Sally Greene jumps in bolstering RAM’s VP Casey Cumming’s suggestion that they don’t spend $200K on a consultant to verify LEED compliance but on actual energy improvements. The problem? RAM’s credibility on delivering to target has been tarnished by their recent history. Reagan’s “trust, but verify” comes into play here. How, other than measuring the compliance, do we know we hit ASHRAE’s targets?

No reason to ask for compliance if it isn’t measured?

RAM’s VP Casey Cumming’s wants to move on to the SUP as the gatekeeper. Ralph Karpinos, the Town’s Attorney, points out that the SUP concerns itself only with LUMO (land use ordinance) variations and not energy/environmental concerns.

The Council, if the plan to “walk the talk” needs to stop the process tonight.

Dang! It’s tough watching Foy, Strom, Greene and Kleinschmidt work so hard on RAM’s behalf. Of course, Bill and Mark, using strategy to push through the proposal, were quick to move the resolution.

Hill and Thorpe are still out.

Right before the vote, Jim presses again on the hazardous waste liability. Karpinos says our only recourse is to default on the agreement and take our chances in court. In other words, the risk – which seems quite high given the prior use of this property – is passed on to the taxpayer.

Basically, RAM can sue the Town to move the project forward EVEN if the Town determines the cost of hazardous waste remediation isn’t tenable. The developer, RAM in this case, holds all the cards… The Town’s additional counsel says we have to go forward no matter what “damned if we do, dammed if we don’t”.

Would the “rah rah” folks pushing this broken deal be so jubilant if we don’t have the money to do social program improvements or couldn’t build the new pool complex, etc.

The counsel says the second environmental assay was unsanctioned and that there was a “smell of gas”.