Is everybody happy?

The process of creating a new worship facility could certainly be considered an act of faith by New Life Fellowship Church. According to information presented in the concept plan review at last night’s public hearing, the church began the planning and design process for a complex on a 3-acre parcel on Weaver Dairy Road, near Erwin Road, in 2006. Since then, construction has begun on the roundabout, and the Department of Transportation has moved the new Sage Road Extension over 25 feet, squeezing the original design for the church to the point that it had to be scrapped because it no longer fit within the setback ordinances. After some council members objected to the church’s plan to have a parking lot entrance along Weaver Dairy Road, presenter Keith Shaw (the architect and an elder in the church) agreed that an entrance on the new Sage Road Extension made more sense, but that road did not exist yet.

The final straw came when council member Donna Bell chastised Shaw for not keeping neighbors informed of the church’s plans. Though neighbors had been notified in 2006, chances are there had been some turnover in residents who would want to know what was going on. (One relatively new resident spoke at the hearing that he had not known about the church’s plans when he moved in.) Bell chided Shaw to reach out to the neighbors again.

“It’s important for the neighbors to be comfortable with the project,” Bell said, completely missing the irony that the first hour and a half of the meeting was taken up by comments on the proposed guidelines for a homeless shelter from people likely to be neighbors of one. And who gave a thought about those neighbors being comfortable with the shelter project?

As a social worker, Bell should know that there would be much less resistance to the shelter issues had Town Council or town staff or advisory boards anywhere along the process listened to the Homestead Road neighbors’ concerns. The homeowners who spoke last night objected – rightly so – to the guidelines being too vague to prevent their worst fears from coming true. No one disputed the need for a shelter, and I detected a note of resignation that these homeowners know the shelter will be muscled through and built on Homestead Road. Their main point was that there be a mechanism in place to prevent Down-and-Out Village from being built up around the tidy subdivision homes they bought in good faith, that there be parameters to preserve their quality of life and reduce the expected slide in property resale values. (Because we all know the tax valuation won’t drop, regardless of the resale value.)

Council – “those that are left,” as acting Mayor Pro Tem Ed Harrison said, in reference to Mayor Mark Kleinschmidt and Jim Ward being out of town – wisely decided not to approve the gauzy guidelines. The comments and questions were referred to staff. We hope they will listen. The quality of life for the homeless and the homeowners will improve “if the neighbors are comfortable with the project.”
– Nancy Oates

Shelter tonight

Mark Peters of abettersite.org writes:

Tonight the Chapel Hill Town Council will discuss shelter guidelines. The staff recommends that they “receive the report.” The guidelines have not been to any of the other advisory boards for their input.

One year ago, the Town Council removed a 25-bed limit in the ordinance on shelter size. Many citizens commented that if the size is removed, then it needs to be replaced with a thoughtful ordinance that addresses siting, concentration and capacity issues. Many ordinances from throughout the state and country were provided. Two council members petitioned for the planning board to make this a reality. The planning board appointed a subcommittee that met about six times over the summer with a brief break to consult the council on whether it wanted guidelines or an ordinance. Town council acted as if an ordinance was immutable and opted for guidelines. In fact, ordinances are easily and routinely overridden during the SUP process, merely requiring a “public finding.”

Mayor Mark Kleinschmidt said, “If we are going to move forward directing the planning board to do these guidelines, we have to have something that is going to be useful,” and “Look at best practices of other communities, how they do things,” He also stated that facilities like Freedom House should be covered by these guidelines.

After 15+ hours of meetings in the subcommittee and planning board, the result was a mere one and a half pages, which fail to provide guidance to developers and fail to provide protections and assurances for existing nearby uses.

Compare these weak shelter guidelines to the Neighborhood Conservation Districts created by the town, and you will see a stark contrast. NCDs are ordinances, whereas shelter guidelines are merely recommendations that no one is required to follow. NCDs have specificity: lot sizes, house sizes, setbacks, parking, building heights, neighboring building heights, whereas the shelter guidelines are devoid of specificity. NCDs were created based on common sense and preferences of the neighborhoods and town, whereas the shelter committee ignored all citizen input and crime statistics, and selectively chose its “facts” to create guidelines that really don’t guide. This outcome is almost certainly because the committee didn’t want to do anything that might accidentally limit the IFC project or admit to the backroom deal that places all the at-risk services in the county in one-fifth of a square mile.

There were a number of public process issues identified with the proceedings, some of which we have documented with audio at http://abettersite.org/Planning.aspx. For example, the committee didn’t keep detailed minutes, and it didn’t share any of the written or oral public comment with the planning board for its Nov. 2 meeting (when it could have voted without this input). The most egregious error was a quote during the Nov. 2 meeting by a planning board member that “The New York City police department was unable to provide any statistics between homeless centers and rising crime,” which turned out (after a public records request for the link) to say “The NY city police department was unable to provide any statistics between homeless centers and rising crime BEFORE THE STORY DEADLINE” (caps added for emphasis).

To see more details about these issues as well as annotated videos of the planning board meetings and the citizen presentation at the November 16th PB meeting, see http://abettersite.org/PlanningBoard.aspxv.

The town council needs to:
• Create guidelines that encourage Fair Share and discourage clustering
• Create an ordinance with fixed proximity or density limits for at-risk uses (provide “specificity” like dozens of other communities have done)
• Create an ordinance with protections for schools, parks, neighborhoods
• Require public siting of shelters that receive public funding (IFC’s proposal has $1.8M in public assistance)
• Require public siting of shelters that are to have a lease with the town
Here are the most significant issues with the current shelter guidelines:

* They still do nothing to resolve the problems we documented in 2010.
* They fail to acknowledge that clustering at-risk services is undesirable. If developers use the proposed formula, then all at-risk facilities will continue to be encouraged in the Homestead Park area of town.
* They fail to provide remedies for shutting down facilities that result in negative impacts (no “teeth”).
* They allow 25 shelters in one square mile without even notifying the town council that other at-risk facilities exist in the area.
* They leave sex offenders out in the cold.
* They fail to require public criteria and siting process for facilities that receive public funding.
* They fail to define shelters properly in the land use management ordinance (loopholes allow pocket shelters as secondary use).
* They continue to permit new facilities and expansion of facilities in the “Homestead Road At-Risk Campus.”
– Mark Peters

Library move

I half expect Town Council chambers to be packed tonight with Dillard’s employees wearing T-shirts emblazoned with “We’re Still Here.”

Council members will receive reports from town staff exploring the feasibility of moving the library to the mall in the space now occupied by Dillard’s. The documents made public on the town’s website indicate that the move would fit the library’s space requirements, and the architects the town hired to supplement the mall’s architects believe they can spruce up the place to make it palatable to readers who see the library as a destination spot. Though, no surprise to the cynical, the town is now backing off its claim that moving the library to the mall will save millions over going ahead with the approved expansion of the existing library. The truly cynical wonder whether the extra money will be used to chip into the payoff to encourage Dillard’s to move.

Because, much as I support the move to the mall, there’s no way around the fact that Dillard’s is still there, with a valid lease, though neither Dillard’s nor mall management has said when the lease expires, only that it can be terminated by either party with 60 days’ notice. Should mall management act on that right, you can be sure Dillard’s lawyers will make the mall aware of the mall’s tactless at best, ham-fisted at worst, announcement at the start of the Christmas shopping season of plans based on the expectation that Dillard’s will close. The damages Dillard’s might win in that lawsuit should make up for any disappointing holiday sales figures.

Rather than spend money on supplemental architects, the town might be wise to beef up its legal team instead. Any sales contract the town signs needs to state explicitly and in air-tight terms what each party’s rights and obligations are should the town decide at some future date to use the space for something other than a library. And, what happens if the mall embraces a new vision for itself down the line?

Converting a commercial entity that generates sales tax and property tax revenue to the town into a non-revenue-generating public space will cost the town about $50,000 annually in lost tax revenue. But given that the town has saved that much in salaries by firing the two sanitation workers (though it cost taxpayers $22,000 in consulting fees to do so), that shouldn’t affect council’s decision.
– Nancy Oates

Black in Chapel Hill

A campus event at the University of North Carolina at Chapel Hill led students to realize that being black in Chapel Hill is like living in a bubble.

On Wednesday, the Carolina Union Activities Board and Carolina Association of Black Journalists showed “Black In America,” a CNN series of documentaries about issues faced in black communities. The viewing was arranged to get faculty, students and staff hyped for Soledad O’Brien, who will speak Jan. 19 at UNC’s 30th Annual Martin Luther King Jr. Memorial Lecture. O’Brien is a correspondent for CNN who hosts and reports the documentary for “Black in America.”

About 25 students filed into the Union Auditorium of the Student Union. After the viewing, black students reflected on the issues presented in the documentary.

“Being black in Chapel Hill is a very interesting concept,” said senior Kirstin Garriss. “Chapel Hill is a bubble.”

Similarly, Marquise Hudson, junior, said that Chapel Hill is like a utopia, which makes it harder for him to parallel its black community to those outside the town. Despite this, he said that he still feels the burden of being black. “I still have a positive image of my race,” Hudson said, “but I do still believe that America is racially biased.”

According to the students, stereotypes and misjudgments of the black community are unfair. However, Trey Green, senior, said that he doesn’t succumb to those “labels.”

Instead, he identifies himself individualistically. “You just have to declare yourself,” Green said. He continued explaining how black men should be more aware of racial prejudices than black women.

Garriss said that blacks can overcome bigotry by embracing their culture and past. She knows that racial ties have bettered the future, and she is optimistic about it.

Courtney Blackmon, senior, said that the documentary served as an eye-opener for her.

“I just felt that [the documentary has] a lot of things that you know that goes on in the black community,” she said, “but seeing it on the screen is different.”

-Ebony Shamberger

For more information about the 30th Annual Martin Luther King Jr. Memorial Lecture, go to http://jomc.unc.edu/jomcnews#8. Free reserved-seat tickets will be made available to the general public at the Memorial Hall Box Office staring Thursday, Jan. 13. Web site: memorialhall.unc.edu

A dandy place for a shelter

As I looked over the Planning Board Shelter Committee’s summary of recommended guidelines for where to put prospective shelters for the homeless, I had a rare moment of insight: Why not move the shelter for the homeless to University Mall instead of the library? Keep the library where it is and put the shelter in the space where Dillard’s is now.

A special-use permit application is under review for the proposed Inter-Faith Council Community House “Men Shelter” (as the town website describes it) at 1315 Martin Luther King Jr. Blvd. A Town Council public hearing is tentatively scheduled for March 21.

So I looked over the Shelter Committee’s recommendations, and it was eerie how many points the mall site would fit just dandy.

One recommendation was to identify social service uses within a quarter of a mile of a proposed site and then consider net benefits or net burdens. Well, there won’t be any “social service uses” affected by putting the shelter in the mall, unless you consider Chick-fil-A a social service use (I’m sure many mall employees do). No clustering of women’s shelters and county services centers. Just the men’s shelter in the spacious area that has housed Dillard’s for so long.

Net benefits include critical needs, unmet needs, increased property values (uh, putting a shelter for the homeless might INCREASE someone’s property value?). A net benefit of putting the shelter in the Dillard’s space would be that the homeless’ constant challenge of staying warm in the winter would be met by allowing them to stay in the heated mall instead of shivering in some downtown alleyway.

No negative benefits I can see – the only noise pollution would be when they hit up the odd shopper with a polite solicitation for public funding. The only safety issue might be that some oblivious shopper caught up in the splendor of the shopping options at the mall might trip over a slumbering body stretched out on a walkway (adds another meaning to “shop ‘til you drop”).

As for location considerations, the town solons are encouraged to look at desirables versus undesirables, with the ideal location having more desirables.

Among the desirables are proximity to public transportation (the mall has a bus stop right outside its doors so the homeless can ride downtown when they get bored with the mall); proximity to professional services, such as a doctor’s office, barber shops, and legal offices (nice to have them available right across the street from the mall); proximity to grocery stores (the Harris Teeter is right in back); proximity to job development centers (it’s just a short hike to the Chamber of Commerce offices where I’m sure Aaron Nelson has many suggestions for where to find a job); proximity to providers of services often utilized by the homeless (medical clinics, food banks, library . . . ah, the library!).

Such a move would get the facility away from sensitive neighborhoods. Think of how much certain business owners would celebrate moving the shelter out of downtown and away from gullible students. A single facility could take care of shopping and homeless needs in one place.

Yes, I think the University Mall Men Shelter would work quite well.

–Don Evans

Gimme shelter redux

With last night’s Town Council meeting cancelled due to adverse weather, my mind had time to wander and ponder other options for the location of the Community House, the proposed shelter for homeless men that the town would like to site on Homestead Road, where it would be clustered with other social service facilities. The town wants so badly to build the new shelter on Homestead Road that it has taken evasive action to avoid hearing possible objections from the citizenry, scheduling hearings and planning meetings for times when the public is least likely to show up or not giving the public adequate advance notice of meetings. For instance, supporters of building the shelter on Homestead Road were notified on Nov. 8 that the planning board would hold the first public review of the shelter’s SUP application on Jan. 4, giving them eight weeks to prepare. But the general public had only one week’s notice, and that announcement was made during the week between Christmas and New Year’s, when many people were away for the holidays. Only a few citizens who want to explore other options for the shelter’s location were able to attend.

Because of the fear of inclement weather, the town rescheduled the hearing on the shelter for Jan. 19, the same night that the Parks & Recreation Committee will review the expedited SUP application.

To expedite moving the shelter from Rosemary Street so that it won’t interfere with Ram Development’s quest to find buyers for the leasehold condos now rising on Lot 5, we have two suggestions for town-owned properties that could be repurposed into a homeless shelter.

What we see for 523 E. Franklin St. is a spot for the Community House. Plans call for only 25 beds plus office and meeting space, which would fit nicely in the landmark building. The town has already approved a budget for the space to be renovated. And wouldn’t we all feel a sense of closure in housing the homeless in the former home of the now homeless Chapel Hill Museum?

The mayor, some council members and the town manager are gung-ho to relocate the library to University Mall, leaving the current library building in Pritchard Park off Estes Drive available for the Community House. The office and meeting space is already in place on the lower level. Install some showers on the main level, and you’ve got a turnkey operation with plenty of space to adequately handle the white-flag nights. And the Library Drive building is far enough back from the street that any homeless men loitering outside would not be visible to passersby, thus preserving the image of the town we like to think we are.
– Nancy Oates

Order in the court

Last week the N.C. Court of Appeals vacated a child custody order issued by Chief District Court Judge Joe Buckner in 2007, on the grounds that Buckner’s order contained “patently false” information. The decision written by N.C. Appellate Court Judge Rick Elmore noted that Buckner entered the custody order without hearing any evidence. Elmore also made reference to “numerous procedural errors” in the case, calling it an “entire charade of a custody case.”

In a nutshell, a man sued his sister for custody of her son in 2006, even though once the man had physical custody of the boy, the man gave the boy to another couple to raise. Leigh Peek represented the man. Betsy Wolfenden represented the child’s mother. Wolfenden’s client, upon being notified of the suit, filed a written response, delivered to Peek’s office and signed for by Peek. However, Peek told Buckner that the mother hadn’t responded. A hearing was scheduled in 2007, but the mother was not notified of the date and therefore didn’t appear in court for it. Buckner then wrote an order awarding permanent custody to the boy’s uncle and said in the order that a hearing had been held, when, in fact, it hadn’t. When Wolfenden learned of the duplicity, she appealed the order and filed a motion asking that all judges in District 15-B (which covers Orange and Chatham counties) be recused from the case.

In 2008, Wolfenden ran for a seat on the 15-B bench, which prompted some lawyers to file anonymous grievances against her with the N.C. State Bar, calling her crazy. She had to submit to psychological testing, which she passed. In her deposition, Wolfenden brought to light a sexual harassment suit brought against Buckner by one of his former employees that had been settled quietly. Eventually, Wolfenden was disbarred.

District 15-B has a poor track record when it comes to handling custody cases. Custody cases in 15-B drag on longer than in any District Court in the state, 10 times longer than in District 14, which covers Durham County.

Children in Orange and Chatham counties deserve better. We hope this Appeals Court ruling will serve as a wake-up call to the entire District 15-B system.

Read more at http://www.heraldsun.com/view/full_story/10829448/article-Disbarred-lawyer-claims-vindication?instance=most_recommended.
– Nancy Oates

Power and prejudice

We’d like to think that we washed our left-leaning village clean of racism decades ago, stuffed it with liberals and made sure we always had a person of color on our otherwise all-white and privileged town council. While hiring, especially at upper management levels, a diverse mix of races and ethnicities is a good first step toward ameliorating discrimination, it doesn’t erase prejudice. Most instances of discrimination ultimately boil down to power, and even a subtle abuse of power is no less real and no less of a problem.

In Chapel Hill, the people who make the decisions and set the policies for town residents are white. The people who make the decisions about what to publish in all three of the town’s newspapers – The Chapel Hill Herald, The Chapel Hill News and The Daily Tar Heel – are white. An overwhelming majority of the people reporting on events are white. Those people hold positions of power.

If we “haven’t heard a peep” out of Public Works Department for (almost) three years, it doesn’t mean that everything has been fine. In summer of 2008, a Public Works employee, a past chairman of the Black Public Works Association, reported that he was afraid to use the bathroom at work after finding his name, next to “the N-word” and a picture of a noose, written on a urinal. More racially charged graffiti targeting the employee was found in another town building a few weeks later.

I seem to recall that at some point a supervisor was reprimanded over the incidents, but I couldn’t find a story about the resolution in a search of the N&O’s online archives. I don’t recall that anyone was fired.

After reading the newspaper and town versions of what led to the termination of Kerry Bigelow and Clyde Clark, I’ve tried to imagine what the men picking up the garbage in my neighborhood could do to make me feel threatened – something that would not be a criminal offense, which would no longer be simply a personnel matter. If I felt nervous around the sanitation crew working my neighborhood, I’d make a point not to be near my trashcan during the 3 minutes they are working my street.

As for complaints from co-workers, most organizations have a protocol that human resources follows, and that always includes letting the offending workers know that their behavior is making their co-workers uncomfortable. Evidently, that process wasn’t followed with Bigelow and Clark.

This issue may be more about union-busting than racism. But the fact that Bigelow and Clark want to make the appeals hearing public and that the town was willing to spend $22,000 to justify firing the men makes me think there is more to the matter than the people in power are letting on.

I will be very interested to learn the full story.
– Nancy Oates

Convenient communications

Fresh from receiving an award for good communications earlier this month, the Town of Chapel Hill has been sending out a frenzy of public relations news releases. During the Christmas snowfall, we received twice-daily e-mail updates of plowing activity. And we received each e-mail twice, perhaps as part of a snow-emergency back-up system for e-mail.

But given the town’s thoroughness on other communications – awards the town wins, invitations and follow-up reminders to the swearing-in of the new chief of police – we were surprised that the town sent out no communication about its decision to deny the appeals by Kerry Bigelow and Clyde Clark to be reinstated to their jobs with the Public Works Department.

Bigelow and Clark were unexpectedly terminated – at least, it came as a surprise to them – from their positions as sanitation workers at the end of October. Several individuals and groups have been quite vocal about insisting that the pair be reinstated. Bigelow and Clark had evidently become thorns in the side of town administration by urging the town to improve unsafe working conditions, asking, for instance, that the town supply drinking water on sanitation trucks for workers in the summer. The town paid more than $22,000 to a human resources firm with a reputation for union-busting to build a case for firing Bigelow and Clark.

Bigelow and Clark appealed their termination. The hearings were held Dec. 2 and 3, and the town took its time mulling over whether it would change its mind. Mirroring the announcement of Bill Strom’s resignation, which took place at a hurriedly called meeting at 8 a.m. the Friday kicking off Labor Day Weekend in 2008, the town announced its decision on the Bigelow and Clark matter on Dec. 22, minutes before closing for a 5-day holiday break. I guess there wasn’t time to send out an e-mail.

No surprise that the town manager declined to reinstate the pair, given the exorbitant amount the town paid out of its taxpayer-funded coffers to quash any hope of workers mustering union clout for better working conditions. After all, improving worker safety would likely cost money, and with the ground-breaking for 140 West Franklin coming up next week, the town has to make good on its commitment to pay Ram Development $7.5 million for 161 parking spaces.

I wonder whether we’ll get an e-mail once that check is sent.
– Nancy Oates

Holiday lights tour

If you haven’t yet taken a photo to use as a holiday card, grab your cell phone and head to Creek Wood. There you will find an elegant house tastefully lit, looking like it could grace the cover of Southern Living magazine.

We didn’t write down addresses during our holiday lights tour this year, but here’s how you find the camera-ready home. From Whitfield Road, turn north onto Creek Wood Drive. Continue until you see a house on the left festooned with plenty of colored lights. Stop the car and look to your right. Set far back from the road is a house that you’d love for people at your class reunion to think you lived in.

After you’ve taken your pictures, go back out to Whitfield Road and turn left, then make a right on Sunrise. As you head south (you’ll need to make a right at the only stop sign you’ll encounter on Sunrise to continue toward Weaver Dairy Road), you’ll pass a holiday lights display that comes out of nowhere, replete with a couple of lighted stars so high in the heavens that they could not have been installed without the help of Duke Energy’s cherry pickers. The swags of colored lights along the roadway seem to extend for miles.

But shortly after they end, you’ll be at the entrance to Chandler’s Green, where decorating with outdoor holiday lights is a blood sport. From Sunrise, turn left onto Sweeten Creek Road and drive slow. You’ll miss too much if you drive the speed limit.

Turn right on Silver Creek to get to Weaver Dairy, where, if you turn left, then make a right on Sedgefield, you’ll wind around until you T-bone into a view inside a house on Honeysuckle that we call “The Tall Tree House.” Through the double-story window, you can see a double-story tree. This year the homeowners have added blinky lights to really catch your attention.

From Sedgefield, turn right onto Honeysuckle, right again onto Brookview, then up a steep hill before making a left onto Riggsbee. Where Riggsbee T’s into Piney Mountain Road, you’ll notice that the Johnsons have added even more lights this year. We know it’s the Johnsons because a sign near the driveway says so.

Turn left onto Piney Mountain and once you cross Booker Creek, turn right onto Old Forest Creek. You’ll see a house lit up like a birthday cake. Continue around the Old Forest Creek circle to spot the house that has, through the illusion of lights, created a snowfall.

Merry Christmas, if you celebrate; Happy Solstice, if you don’t.
– Nancy Oates and Don Evans