Obey Creek - agenda item for 8 November 2010 meeting

Everyone who lives in Southern Village should read this, and follow the matter extremely closely. Some may wish to attend and speak at the Town Council meeting.

Here are the comments that I filed with the Town Clerk. I sent one comment and then supplemented it, so the supplement appears first below...

"I reflected on this yesterday and there are two more questions - possible concerns - that I wish to voice for the Obey Creek item on tonight’s agenda.


One is whether the deliberations envisioned between the staff and the applicant in the future will be “noticed” and open to public presence if not participation? I believe they should be.

Second is to ask for disclosure of all of the past meetings related to the latest proposal for Obey Creek (i.e., the proposal being advanced by Roger PERRY) with anyone representing the Town of Chapel Hill. That includes Council members and all staff. What was the subject of each meeting, what documents were introduced to each meeting, and what documents were produced as a result of each meeting?

My possible concern is that the way this has been proposed for the meeting tonight suggests that the Council and/or at least the staff have made preliminary judgments about the proposal. The public should know in some detail the process that led to this apparent result beyond the agenda item and its supporting memoranda which, on a quick review, do not seem to provide detailed information about the process between first arrival at the Town of the concept or proposal and the meeting tonight.

It is also striking, unless I missed it, that I did not see any mention of the very impressive and professional petition presented by Citizens for Responsible Growth (I believe that’s the name of the group) in September, other than a link to that meeting’s video. I watched that presentation on the Town’s website and I am now quite confused about when the Town listens to responsible citizens and when it listens to developers. The Mayor, at that September meeting, made a rather strange comment at the end of the presentations to the effect that the group of presenters were wasting their time and that they would have to return and do it all over again later. What concerns me is this apparent signal that the views of the developer are to be fully considered in the early phases of this review but not the views of responsible citizens. That is very troubling if correct.

Sent: Saturday, November 06, 2010 4:54 PM

To: 'clerk@townofchapelhill.org'

Subject: For the Council meeting 8 November 2010

I am a Chapel Hill resident but am overseas.

In reviewing the agenda for the Town Council meeting Monday evening, I see an item related to Obey Creek.

What I don’t see is any procedure that allows me to offer any comment from where I am. Where is that explained? Surely, the Council does not limit comment only to those who are in physical attendance?

My concern is the following, and I expect that you will figure out a way to put this before the Council. When I read this recommendation….

“2. That the Development Agreement outline identify:

a. Areas of the agreement that can be drafted by the applicant and the staff for
Council review and

b. Areas of the agreement that the Council could be interested in focusing additional
time and attention on negotiating with the applicant in an open and transparent
forum, using Carolina North as a model.”

….I am pleased to see the apparent public involvement in all aspects of 2.b. and extremely troubled to see no mention of any public comment opportunity with respect to 2.a. Why is this? Why should not any “areas of agreement” that wind up being drafted not be subject to an “open and transparent forum”? I don’t believe we delegated to staff or Council our opportunity to comment on any Town business, including this.

Furthermore, this assumes that there will be agreement on all matters. What is the basis for that assumption? I see nothing here that provides a procedure when the staff and the applicant disagree? What happens then? If you don’t expect that to happen, why not?

These are not just questions; I expect answers.
Thank you.
Terry MAGUIRE"