Tag Archives: Ruminations

Hazardous Consequences: No Official Word, Yet, On Lot #5’s Hazardous Waste Issue

[UPDATE] As of April 3rd, the Town has provided part of what I asked for in the following petition, the environmental report [PDF]. In the Town’s announcement of a conclusion to negotiations, the figure of $232,000 for a remediation was thrown out. This figure, of which I haven’t found a full justification, would supposedly include removal of 13,000 tons of material to either a hazardous waste landfill or some other remediation facility.

More to come.

[ORIGINAL POST]

A quick follow up on my previous post Lot #5 Development: “…up through the ground come a bubbling crude…”.

I’ve sent Chapel Hill’s Town Council a petition (Mar. 29th) asking for a postponement of any further approvals for Special Use Permits, extending or adding new consultancies, preparing the lot for construction, etc. until the financial liabilities attendant to environmental remediation are fully and timely disclosed.

Further, to avoid the recent mess involving the Rogers Road community, siting a trash transfer station on Eubanks and the Orange County Board of Commissioner’s apparent lack of any discernible specific, detailed and publicly revealed process for making their analysis and decision, that the methodology, data and assumptions are published by Council fully seven (7) business days prior to any approval.

A call from the Daily Tar Heel spurred me to take this action. I was hoping the environmental report, which, from my experience, should’ve taken a short time to prepare, would be published for public review by now. According to the DTH’s reporter, it hasn’t.

My concern is that the “clock” would be “run out” on the hazardous waste remediation issue – that Council would move ahead amassing further public (taxpayer) obligations without adequate background.

To help encourage a full, timely, open and responsible discussion of the hazardous waste issue, I’ve submitted the following petition:

Mayor and Town Council,

I’m petitioning Council to postpone ANY further approvals for the Lot #5 Downtown Development Initiative:

1) until the environmental assay of Lot #5 is 100% completed. This would include any recommended
follow up tests, such as monitoring wells, further core sampling, ground-radar location of
tanks or other structures, etc.

2) until the results of the environmental assay have been independently reviewed.

3) until the results, the independent review, the methodology, data, assumptions, geologic maps
and any other factors used to derive the results have been published 7 days prior to the
approval meeting.

4) until an initial estimate and plan for the environmental remediation, if necessary, has been
developed.

5) until the estimate, the methodology, data and assumptions going into that cost estimate have
been published 7 business days prior to the approval meeting.

6) until a financial impact statement, including additional costs, borrowings and wider effects
on the Town’s financial well-being has been developed.

7) until the estimated financial impact and methodology, data and assumptions going into that
evaluation have been published 7 business days prior to the approval meeting.

It also appears that the underlying geology of Lot #5 might be rockier than expected. If this is so,
Council should also postpone further approvals pending an evaluation of increased costs to the
developer and taxpayers of Chapel Hill.

Considering that an expensive environmental remediation might significantly and adversely impact our
Town’s finances, and, in combination with Lot #5’s current taxpayer obligations, possibly necessitate
either a substantial tax increase or reduction in services or both, the fiscally prudent course of
action is to wait until the facts are reported and the conclusions reviewed by the wider public.

Finally, I would like to highlight the importance of giving the public at least 7 business days of
notice. Our citizens are already concerned about the trajectory this project has so far taken.
Some of the greatest concern has come from financial, urban planning, environmental, energy and
commercial real-estate experts.

Let’s give our talented citizenry the opportunity for a careful, measured evaluation of the
Town’s reports and extend the courtesy of providing a reasonable amount of time to draft a
response.

Rushing the project forward without disclosing further anticipated financial obligations does
our citizenry a disservice.

Thank you,

Will Raymond

I’ll post the response as it comes in.

March 28th: A Self-Advocate Path to Being Well, Feeling Fit

Carrboro’s self-advocate leader Ellen Perry told me that March 28th’s “Be Well! Feel Fit!” meeting would be a great introduction for those folks interested in positive, self-directed change.

Ellen is part of the “Self-Advocate Leadership Network”, a project under the auspices of the Human Services Research Institute (HSRI.org):

The Self-Advocate Leadership Network (SALN) is a team of self-advocates and their allies who will travel anywhere to prepare self-advocates to play a leadership role in shaping developmental disabilities systems to promote self-determination, community integration and participant-driven supports.

Who is a “self-advocate”? “A self-advocate is somebody who has a disability and speaks up for themselves.”

Be Well! Feel Fit! Peer Connections, A Way to Wellness

Healthy living is more than eating your spinach, carrots and Brussels sprouts!!!

Healthy living is about…

  • Doing things that make you happy – like swimming, art or cooking classes.
  • Being in good health – both physically and emotionally.
  • Learning how to be safe in intimate relationships.
  • Making new friends.

Who decides what what I do?

In the Be Fit! Feel Fit! program you decide what you want to do.
You can choose to lose weight, learn a new art or craft or learn how to be safe in a relationship – it’s up to you.

What does the Be Fit! Feel Fit! program do?

We try to match you up with resources in your community and support from your peers to help you achieve your health and wellness goal.

The meeting is at Carrboro’s Town Hall, 301 W. Main Street (MAP).

  • 5:00-7:30 pm for NEW members
  • 5:30-7:30 pm for existing members

For more information contact Ellen Perry ( 919-942-5602 ) or Danielle Doughman ( 919-962-4029 ),

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 LEDs the Way

Comparison in life, I guess, is inevitable.

Hey, even if there’s a tiny bit of vanity bragging about Chapel Hill – “look how smart I am to live in the Southern slice of Heaven” – I probably indulge in it as much as anyone else. Folks brag about how progressive, sensitive to civil liberties, environmentally conscious our Town is in spite of examples to the contrary.

For instance, not too long ago Council member Kleinschmidt suggested Wilson and Rocky Mount were not quite up to Chapel Hill standards yet those communities underwrite more than a hundred hands-on arts programs and have built facilities to support the arts in general. On the other hand, progressive Chapel Hill’s one hands-on arts program teeters on the brink of extinction.

Civil liberties? Chapel Hill leads the way much of the time with the occasional incredible lapse.

Environmentally conscious? Many times with, again, some unfortunate glaring exceptions.

Besides noting Council’s leadership faux pas, Jim Ward recently pointed that even the simplest of energy saving efforts – using efficient light fixtures at Town Hall – never get very far.

Raleigh, though, is making a bold commitment to reduce energy and save some bucks in the process

Last week, the City of Raleigh announced a plan to possibly use light emitting diodes (LED’s) to light city streets throughout Raleigh.

Although more expensive initially, compared with regular lights, LED’s last much longer and use much less electricity. According to city, some LED’s may last as much as 20 times longer than regular incandescent lights.

At a city hall news conference on Friday, Mayor Meeker and the CEO of Triangle-based LED maker Cree, Inc. announced a partnership to perform a cost-benefit analysis to possibly replace as many city lights as possible with LED’s.

The city says that the mayor hopes that the “LED City” initiative will serve as a model for other cities that are considering implementing energy-efficient measures.

“The City of Raleigh is willing to set the pace and invite other municipalities to join in developing energy-efficient civic centers,” Cree CEO Swoboda said. “This leading edge effort is undoubtedly an important driver in LED adoption within the United States.”

Raleigh Chronicle, February 19, 2007

I own shares in Cree. That said, they have a great product that, at least I think, will shake up the world one day.

Raleigh Mayor Meeker said that it is “sound fiscal and environmental stewardship” to investigate the application of LED’s “as broadly as possible.”

The analysis on how LED’s can be used will be performed over the next 18 months, says the city.

In his comments, Mayor Meeker said that there may be “substantial potential savings from converting the City’s more than 33,000 streetlights to LEDs.”

According to the city, Raleigh spends more than $4.2 million annually for electricity to power the streetlights and estimates that 30 percent of its energy costs are for lighting.

According to the city, Raleigh electric provider Progress Energy says the floor equipped with LED lights will use over 40 percent less energy than the standard lighting system and will actually provide better lighting.

Raleigh Chronicle, February 19, 2007

Fixing Chapel Hill’s policy of using inefficient, poorly sited, streetlight fixtures kick started my life as a local concerned citizen. Six years ago, and occasionally since, I’ve asked Council to revise our current lighting policies, direct Duke Power to install more efficient fixtures and adopt the standards developed by light pollution experts for the International Dark-Sky Association.

Better, longer lasting lighting that operates much more efficiently at a cheaper cost when amortized over its extended lifetime.

Seems like an easy decision to me. We should take Raleigh’s invitation to participate.

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.

The Carrboro Channel: Streaming Video Tonight

Carrboro continues to beat lead Chapel Hill in innovation – whether it is Downtown music festivals, freely available Internet access or commitment to hands-on arts. In spite of the long effort by Chapel Hill’s now defunct Technology Board to bring video of public Council, Planning Board, forum, etc. meetings to the accessibility inhibited website, the Town is only now poised to deliver.

Carrboro isn’t waiting on us. From the Chapel Hill News timely ‘blog Orange Chat:

The town of Carrboro asks that viewers keep in mind there may be technical difficulties since it’s a test. Currently, only Microsoft Windows users will be able to watch the live stream.

You can connect to the stream at any time before or during the meeting by visiting the government page of the town of Carrboro’s Web site.

Meiling Arounnarath post Watch a live meeting, but not on the ‘tube’.

Now, longtime readers know I have a problem with using proprietary Microsoft-only technology for public records (Proprietary Public Policy: Chapel Hill Streaming Video Goes Live?) but I’m not worried – Carrboro’s IT staff generally hews to the open source way.

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 😉

Lot #5 Development: Two Pictures 1,000 Words Apart

Looks like this will be the last Spring I watch these trees bloom…





and the last year I’ll see Chapel Hill’s Downtown signature church steeple from the second floor roost of where I work.



Cline Associates Concept Plan Drawing for Lot #5



Corner of Church St. and Frankin St., Chapel Hill, NC – Mar. 18th, 2007 [MAP]


Not quite “Where’s Waldo?” but, to twist a phrase from Sesame Street, one of these things is not like “reality”.






I remember when many of these trees were planted, have watched them develop over the years. I wonder how long I’ll remember their flowering? The memory of those wonderful gateway trees to University Square and along Franklin, since replaced by the green poles of the Church St. signal lights, are still firmly rooted in my mind, maybe these too will persist.

The HeraldSun Turns A Corner: Trouble on the horizon at lot 5

The HeraldSun’s editorial stance on Chapel Hill’s Lot #5 project has always been somewhat “peppy”.

Tom Jensen’s Chapel Hill Herald (CHH) columns have been singularly reflective of the papers ebullient attitude towards this troubled development. In spite of the narrowing scope – halving the size of the project – and escalating taxpayer commitments – keeping the cost the same, increasing the public outlay 15-fold, ignoring the potentially expensive hazardous waste remediation, discounting further cost increases – the message continued to be move forward at a reckless rate and let the details be damned.

Tom,a recent graduate of UNC, political insider, Sierra staffer and Chapel Hill Planning Board member looks forward to the day he can live Downtown:

On a personal note, one of the reasons I love this project is that I would like to live in it myself.

I don’t own a car and I commute by TTA to work in Raleigh every day. Lot 5 is about two minutes away from where I pick up the bus. It would be great to be able to walk right out of my house, catch the bus, and then come home at night and meet my daily needs within walking distance of my condo.

Right now there’s nowhere that meets both the niceness and affordability criteria I would need to see to live on Franklin or Rosemary Street.

Affordability, Tom, considering the $385-$415 per square foot price of the condos, is reserved for those qualifying for the affordable housing component. It might be tough to qualify if Councilmember Strom makes good on his statement that the bulk of these roughly 600 square foot affordable units will be used for families.

Today’s HeraldSun editorial takes a different, more cautionary tack.

Let’s hope they don’t find anything. Let’s hope the environmental assessment, being undertaken this weekend, on downtown parking lot 5 shows no problems at all.

Because if it doesn’t, there are very serious consequences.

Yes, it would be nice to think there is no hazardous material to remove, but with at least one known gas station sited on that lot, it isn’t likely. Serious? The price tag could run into the millions.

And from what I observed this weekend, digging a deep parking deck just got a lot more expensive.

The editorial continues with this interesting assertion:

It is the linchpin for the town’s attempt to reinvigorate downtown, to bring more people to live by the community’s historic core, to create a market for downtown businesses and to make sure the area remains the vital, throbbing heart of Chapel Hill.

As I’ve mentioned before, this project lacks a “communal” center – something like a grocery store – to both serve the residents of the complex and to draw in the thousands of walking distance residents noted in recent cautionary testimony before Council. The commercial component seems oriented towards boutique shopping – Sunglass Huts and Jumba Juice – over sustaining, locally-owned concerns.

Because that goal is so important, the town has been willing to accept a far-less beneficial deal to develop lot 5. What once was an arrangement last year with the private developer that would have cost the town under $1 million, now may cost more than $7 million — and that price could be going up.

We have noted in the past in this space that on balance, the increased financial liability for the town still was worth it. The ultimate benefit — to downtown and the entire community — would offset the increased cost.

It is nice to see a bit of concern about the value returned being somewhat in the ballpark of the value given – even if the editorials numbers are off by a factor of 2 on the low-end. The original investment was $500,000 with a more restrictive land deal – increasing to today’s $7.3 million with a real-estate giveaway. And, of course, the $7.3M figure doesn’t incorporate the true value of the property – commercial real-estate folks have quoted $5-$13 million conservatively, the probable high costs of environmental remediation, the slew of new expensive consultants to manage our Town’s end of the deal and another round of predictable increases (like having to deal with a huge rock under the lot).

But if the consultants conducting the assessment this weekend find evidence of possible environmental contamination at the site — and previous consultants had, in fact, found that kind of evidence — the town, as the owner of the property, would have to pay for any cleanup needed.

There’s no telling, at this point, how much that could cost, but the price tag could be significant, in the millions. If it is, that could jeopardize the entire project. If it is, that probably should jeopardize the entire project.

The town cannot afford — either literally or figuratively — to put excessive sums down the deep hole being bored this weekend at lot 5. Let’s hope it doesn’t come to that, but if it does, the town should be ready to cut its losses and head in a different direction.

Absolutely correct. On the cusp of expanding the Lot #5 moneypit I hope the majority of our Council reassess our citizen’s liability – drops the current deal – totes up the “lessons well-learned” and starts again.

Lincoln Arts Center: The Clock is Ticking

Nice summary of Chapel Hill’s Lincoln Arts Center’s problem locating a new home by Jesse James DeConto in today’s Chapel Hill News.

Sooner or later, the popular pottery program is going to have to leave its home at the Lincoln Center, the administrative office complex of the Chapel Hill-Carrboro City Schools on Merritt Mill Road. The school system is short on office space, and district officials have said that eventually they will have to reclaim the studio for offices and storage.

“The schools really do need this space at some point,” said studio manager Carmen Elliott. “They’ve been renting a lot of space for their workers.”

The studio has operated at the Lincoln Center for 30 years. The current lease will expire on Dec. 31. Elliott worries that losing the space will signal the end of the pottery program.

“It’s been a great, great place to be,” she said. “I’d really hate to see it fold.”

It has been more than two years since the incredibly loyal and enthusiastic Lincoln Arts Center family joined together to save this vital hands-on arts program. It has been more than a year ago that they presented one of the most moving citizen-led petitions I’ve ever witnessed to the Town’s Parks and Recreation Commission. And nearly as long ago that this band of dedicated art enthusiasts petitioned Council.

It has been nearly one year since the Chapel Hill News Editor Mark Shultz’s “Pottery Predicament”

Phyllis Swank’s latest sculpture looks like a cross between a heart and seashell, its waves inviting your fingers to gently grab hold. People have told her it looks like something from the ocean, but she hasn’t heard the heart reference before. She’s momentarily taken aback, because she was thinking about her nephew — who had been killed in an accident — when she molded it from a melon-sized piece of brown clay.

Schultz’s May 10,2006 Chapel Hill News editorial

Followed by last Fall’s renewed efforts to focus Council’s attention.

For all that upfront attention, this “little” program – having served 8500 young, old, autistic, rich, poor residents over 30 years – teeters on the edge.

Please contact our Council (CONTACT ) and let them know that hands-on arts is a vital to our community – that this unique 30-year old program deserves a new home in which to flourish.

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.

NCWARN to Shearon-Harris: Come on Baby Light My Fire! Not!

Following up on my Sep. 2006 post “Shearon-Harris Offline: Who tripped over the wire?”, the North Carolina Waste Awareness and Reduction Network (NCWARN) is holding another public hearing Mar. 22nd, 2007 on the 14 years of fire violations at the Shearon-Harris nuclear plant.

FIRE VIOLATIONS AT SHEARON HARRIS NUCLEAR PLANT


Thursday, March 22nd, 7pm
The Barn at Fearrington Village
Google MAP
NC WARN: (919) 416-5077, www.ncwarn.org
15-501 between Pittsboro & Chapel Hill

Public Hearing: New
Information on        legal action against the NRC
 Hosted by NC Senators Ellie Kinnaird and Janet Cowell, and other public officials

 (More on event…Click Here)[PDF]


(More on Harris Fire Violations…Click Here) 


What risks are posed by Harris’ 14 years of noncompliance with federal fire regulations?
Fire is a leading risk factor for nuclear meltdown. When will Harris be in compliance?
Implications of January’s NRC decision to rely on fire mitigation instead of defense against air attacks at US nuclear plants.

From NCWARN’s report:

Fire represents up to 50% of the risk for catastrophic accidents in the U.S. nuclear power industry. That risk calculation assumes fire regulations are being obeyed. Fire can cause operators to lose control of the nuclear reactor and its complex safety systems, leading to overheating of the reactor fuel and large releases of radioactivity. The U.S. Nuclear Regulatory Commission (NRC) has allowed the Shearon Harris Nuclear Plant in Wake County, NC, and others, to operate in clear violation of federal fire safety regulations put into place following a seven-hour fire at Alabama’s Browns Ferry plant in 1975, where only heroic action and sheer luck averted a catastrophic radiation accident.

Harris has been in violation of federal fire regulations since at least 1992, and ranks worst in the nation in at least two critical fire safety criteria. At Shearon Harris, commitments to correct the fire vulnerabilities have been made, then ignored, in a cycle of endless delay over the years, even as more violations continue to be discovered. A 2005 inspection became at least the 10th time Harris reported new violations, adding to a list totaling scores of unprotected components needed to safely shut down and cool the reactor in the event of a plant fire. Shearon Harris has already had several fires in its 19 years. One, called a “major fire” by an industry publication, was caused by an electrical short. It required 30 firefighters, and caused a plant outage lasting for weeks.

Trash Talk: Waste Not Methane, Want Not Energy – Additional SWAB Conversations

To try to get the conversation caught up to date (and put the notes in a format Google, Yahoo, etc. will index), I’m republishing the further conversations the Orange County Solid Waste Advisory Board (SWAB) has had on land fill gas utilization.

Current membership (as of January 2007) and contact list for the SWAB includes:

Contact List
Members
Name Representing Email Work # Home # FAX #
Jan Sassaman (Chair) Chapel Hill (A) janopus@nc.rr.com 933-1609    
Randolph Kabrick Chapel Hill (B) rkabrick@retec.com 484-2200 942-4062

484-8100
Albert F. Vickers Carrboro (B) alvickers@cleansites.com 656-5271 929-0502 929-0011
Linda Bowerman Carrboro (A)

lbowerman@mindspring.com

967-8571    
Vacant Hillsborough (A) Contact Donna Armbrister donna.armbrister@hillsboroughnc.org 732-1270 ext. 71    
Remus Smith Hillsborough (B)   732-3807 732-3807  
Bonnie Norwood Orange County (A)     967-4401  
Joe Clayton Orange County (B) jclayton@nc.rr.com 644-6981    
 
Commissioner Liaisons
Mike Nelson Board of County Commissioners mnelson@co.orange.nc.us      
Barry Jacobs Board of County Commissioners barry.j@mindspring.com 732-4941 732-4384 732-4486
 
UNC Liaison
B J Tipton UNC-CH btipton@fac.unc.edu 962-7251

 

 

962-8794
 
Staff
Rod Visser   rvisser@co.orange.nc.us 245-2308   644-3004
John Link   jlink@co.orange.nc.us 245-2300   644-3004
Gayle Wilson   gwilson@co.orange.nc.us 968-2885   932-2900
Blair Pollock   bpollock@co.orange.nc.us 968-2788   932-2900

From May 4th, 2006’s meeting [PDF]:

Landfill Gas

Wilson states that we are going to initiate a further study to examine two options for possible utilization of the landfill gas. One is to work with the University to determine if it is feasible [for use of the gas by the University] and if so what the economics would be of piping actual gas to Chapel Hill North. It’s probably not worth it if they’re not going to build anything there for six or seven years (as they will miss gas production peak). The other alternative is to consider providing energy for a cluster of government buildings on Eubanks Road, which would be the Animal Shelter, the Operations Center, possible transfer station and a school. In two to three months we’ll have that report and know if it’s a go or not. Economically an option with the University would make more sense and be less costly. They won’t have to worry about generating electricity, putting it on the grid, negotiating with Duke Power; they would clean up the gas a little and pipe it directly to a UNC boiler.

Sassaman asks what will be required for the collection system.

Spire states that [it will require] the wells, piping it altogether to a main header and depending how much it will have to be cleaned up, compressed and used to run a micro turbine or if we can clean it up less and put it in a pipeline to the University.

Wilson notes the industry is moving towards micro turbines and away from internal combustion engines which are noisier and tend to produce more emissions.

Smith asks what does a “well” look like?

Spire replies that a well is a hole dug into the trash that a PVC pipe is stuck into to draw the gas into using a vacuum pump. The wells are 18 to 24 inches in diameter. You can put a lot in and put lateral pipes to connect to vertical headers.

Wilson notes its likely gas will be extracted only from the south side, not the north side.

Spire notes that Greensboro’s landfill is already producing gas.

Norwood asks if there is anyway to gather information about the dangers of the installation?

Wilson states that it’s dangerous with a small “d”. It’s not like it is going to blow up 20 or 30 acres. It’s dangerous if you don’t know what you are doing. It’s possible that someone right next to the extraction point might be killed, but I don’t think it’s dangerous to the neighborhood.

Sassaman notes that this is not high-pressure pipeline gas. It is low-grade gas with moisture, CO2, other contaminants.

Pollock notes that the gas company does not want this gas in their pipeline.

From August 3, 2006 SWAB minutes:

Landfill Gas Study

Wilson states that the consultant is tentatively scheduled for the September 12th [BOCC] meeting to make a presentation on one half of the study that they are doing. They have been asked to do a study on providing energy for county facilities on Eubanks Road, which will potentially include a school, a new animal shelter, our operations center and possibly a transfer station. That part is done and will be presented at a future meeting. The other half of the study is to evaluate the feasibility of providing energy pipe line gas to Carolina North, the University facility. We have been instructed that before that study is done to meet with the University. We are in the process of setting up the meeting with the University.

Sassaman asks if the SWAB will get a chance to look at the study before it is presented on the 12th.
Wilson states that you are welcome to see the report.

The formal report was actually delayed (as reported by Wilson in October).

From the minutes of September 7th, 2006:

Landfill Gas Study

Wilson states that there is a landfill gas feasibility study looking at two potential possibilities. One is utilizing landfill gas to provide energy to a complex of local government facilities on Eubanks Road. That part of the study is complete.

The other option is providing energy to the University for their Chapel Hill North facility. That part of the study is underway. That report should be ready for the Commissioners in another month or so and will be shared with you all. The next step is once the report is complete the Commissioners will indicate a preference for one or the other and then the next step of more evaluation and measurement will happen.

Pollock asks if there will be consideration of making electricity but everything to be direct fire.

Wilson states that the University option is essentially cleaning up the gas and piping it directly to them. The other option has sub-options but is generating electricity.

From the minutes of October 5th, 2006:

Landfill Gas Study

Wilson states that I also met with Olver today regarding this project, regarding the option to power a cluster of local government facilities including school, Animal Shelter and our new facility on Eubanks Road or piping gas or generating power for Carolina North. The effectiveness of this is determined by when they will have something on the ground. If it is six or seven years out this is not a good option as we will be going down in gas production. Generally we’re venting gas; we flare gas from one wet well as there have been some special [odor] issues at that manhole. [CitizenWill: emphasis mine]

Kabrick asks is there a draft report.

Wilson replies not at this time. There are draft spreadsheets. The consultant is going to make some changes, take that to the University staff for comments and make a final report to BOCC and UNC and the BOCC will have to decide if they want to pursue one option or the other. The UNC option is break even, [the other is worse]. We can’t take advantage of the credits that a private developer could. The whole set of credits is complicated.

Kabrick asks if you have talked to UNC about the carbon reduction program that the Town has signed up for. This will be a good way to do something with greenhouse gases.

There might’ve been additional discussion post Nov. 2006 but those minutes are not online.

Side note: Minutes of meetings are an important source of information. A delay of months, especially in a discussion as critical as the trash transfer station, is unreasonable. That said, if the county staff are as overwhelmed by the workload as Chapel Hill’s Clerk’s office, then the delay is understandable – but not forgivable.

But it isn’t the folks doing the work that need forgiveness, it is the job of our elective officials, especially those banging their chest about transparent open governance, to provide sufficient manpower and resources to get the job done.

Given that, as a frequent consumer of our public records, and someone that thinks our diligent Clerk’s office needs more help, I’ll be asking Town Council this budget season to allocate sufficient resources for the timely production and publishing of written, audio and video records.