AGENDA #5f
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Response to Questions regarding Power Lines at Larkspur Subdivision
DATE: October 21, 2002
This report provides information that we have gathered in response to a petition regarding overhead power distribution lines that were installed on the east side of Weaver Dairy Road extension to service the Larkspur Subdivision.
We note that on October 9, the developer agreed to pay the cost to relocate these lines to the Larkspur side of Weaver Dairy Road.
BACKGROUND
On October 7, the Council received the attached petition from Mr. Jay Brenman (Attachment 1), a resident of Northwoods V who, along with approximately 20 other individuals who emailed the Town, objected to the recent installation of an overhead utility line on the east side of Weaver Dairy Road extension. Northwoods V lies on the east side of the street and across the street from Larkspur. Mr. Brenman and other citizens asked for an explanation of why the line was installed as it was, crossing to the east side of Weaver Dairy Road at the Rowe Road intersection. It was reported that the developer, Ms. Carol Ann Zinn, paid approximately $3,200 to move a portion of the new power line to the east side of Weaver Dairy Road so that it would not cross the Larkspur entrance.
Zoning Compliance Permit
The Larkspur Preliminary Plat application was approved by the Council in February. Ms. Zinn submitted final plans, seeking a Zoning Compliance Permit that would authorize the start of construction. The final detailed site plans, grading plans, utility/lighting plans, stormwater management plans, and landscape plans must be approved by the Manager prior to issuance of the final Zoning Compliance Permit. As of this writing, the Manager has not approved those plans and has not yet issued a final Zoning Compliance Permit. The Town has issued limited Zoning Compliance Permits and an Engineering Construction Permit to allow certain construction on the site. A building permit has been issued for one house, consistent with applicable law.
On August 8, the Town sent a “deficiencies” letter to Ms. Zinn, noting the specific changes and additional information that would be required before issuing a final Zoning Compliance Permit. In that letter, the staff requested that the plans address the impact of proposed installation of overhead utility lines along the Weaver Dairy Road frontage. According to the Town staff letter:
“We recommend that the plans address the impact of Duke Power Company’s proposed installation of overhead utilities along the Weaver Dairy Road frontage. We do not support the installation of this power line along the Northwoods V/Parkside II road frontage. We believe that the better location for this overhead utility is adjacent to the Larkspur development.”
DISCUSSION
On October 9, Town staff met with Ms. Zinn, and with Mr. Omar Zinn and Mr. Phil Post, developers of the Larkspur Subdivision, and with Mr. Scott Gardner and Mr. Don Daniels of Duke Energy to discuss the placement and possible relocation of the electric distribution line.
Outcome of Discussions
After discussion about the impact of this line on the other neighborhoods, including Northwoods V and Parkside II, Ms. Zinn agreed to pay to have the line relocated subject to Council approval. The power line that crosses Weaver Dairy Road to the east of the Larkspur entrance, then crosses Rowe Road, and then re-crosses Weaver Dairy Road to the west of the Larkspur entrance will be removed and replaced with a line that will run on the Larkspur side of Weaver Dairy Road.
We note that it will still be necessary for some lines to cross Weaver Dairy Road, both “guy wires” for support of the lines on the west side of the road, and also for a crossing to provide a back-up power source for Northwoods V. The relocation described above, however, will result in significantly fewer lines crossing Weaver Dairy Road.
Town Attorney Comment
Following receipt of the petition by the Town Council on October 7, the Town Attorney began researching the possibility of legal action before the N.C. Utilities Commission or in Superior Court to require that the utility line be moved. Since Ms. Zinn has now offered to pay for the cost of moving the line, we believe that it is no longer necessary to pursue further research on that issue.
Other Construction
We have issued a stop work order on the construction of a wall at the Larkspur Subdivision because the wall’s construction has not yet been authorized.
CONCLUSION
We will continue to monitor the placement of power distribution lines and will work with Ms. Zinn to conclude the Zoning Compliance Permit process. We believe that relocation of the lines will achieve the goals of citizens who petitioned the Council and will authorize the relocation unless the Council gives other directions.
ATTACHMENTS
103 Manora Lane
Chapel Hill, NC 27516
October 1, 2002
Dear Honorable Mayor and Council,
I am a Chapel Hill resident of a subdivision, Northwoods V, near Weaver Dairy (extension) and Airport. I am writing to convey my deep distress over new power lines that have appeared near my home this past week. What is most upsetting is that I have been told by Duke Power that a new developer paid the extra costs to have the power lines strung in an inefficient, zig-zagging pattern across Weaver Dairy in order to improve the aesthetics of her development while damaging the aesthetics and safety of the one I live in. I am horrified that the Town would allow money and political connections to supercede safety and common sense.
New power lines have appeared along Weaver Dairy to feed a new development (Larkspur), with plans for future power for the development near Weaver Dairy/Homestead. It was very odd to notice that all of the power lines ran along the Larkspur side (west) of Weaver Dairy until the entrance to Larkspur (Rowe Rd/ Weaver Dairy extension). At this intersection, two power poles cross over onto the eastern side of the street where our development and the adjoining Parkside II development are located, and then immediately cross back over to the Larkspur side just past its entrance.
This engineering “choice” creates at a minimum an extra power pole as well as hundreds of extra feet of power lines and rather than staying along one side of the street, it puts power lines back and forth across a busy street, Weaver Dairy, and near 2 existing communities. I asked the “hard-hat” guys on site why they were doing this and they said they thought it was odd too, but during the walk through it was revealed that the Larkspur developer did not want the power lines across their entrance. I thought this must be a rumor. I called Duke Power and an honest engineer on the project, Don Daniels (919) 687-3136, confirmed that this was an unusual way of doing this - it cost more, involves more engineering issues, and that normally they would stay on one side of the street instead of zig-zagging. He said either an agent (engineer) on behalf of the developer/builder (Zinn) or the developer/builder PAID THE EXTRA COSTS THEMSELVES TO RUN POWER LINES THIS WAY (he would not precisely divulge who).
Essentially my understanding is that the engineers representing Larkspur told Duke where to put the power lines and paid to have power lines run this way to maximize the aesthetics to their development and maximize future profits in home sales. In the process they dumped on two existing communities to benefit their own. No attempts by any party -- the town, Duke, or Larkspur (representatives) -- were made to notify the residents or get input. The Duke engineer sheepishly told me they (Duke and Larkspur) knew this would be an issue and Larkspur paid to have surveyors survey land on our side of the street to know exactly how many inches they had to stick in their power poles and support ties without physically being on our HOA property. The surveyor sticks and power-poles are there for all to see – I urge you to look at the site for yourself. I was told Duke is actually trying to get an easement from Parkside II after the fact.
This seems like the wrong way for developers/Duke to do business. I was told by Larry Tucker, the Town contact, that developer plans do not include submission of power line locations and thus only the developer and Duke get to determine this. I surmise the town franchise agreements with Duke would address the issue of executing the “best” engineering plan, including maximizing strength while minimizing the length of power lines, number of power poles, and impact on the environment? As the executed plan was not the original Duke designed plan there may be violations of franchise agreements.
I hope the Town is not trying to set the precedent that developers/builders with connections and resources to hire their own engineers and surveyors can put power lines wherever they see fit on Chapel Hill right of way – even across the street from the people who actually requested/need the electric power. This seems morally wrong.
Sincerely,
Jay Brenman
Sent via e-mail
October 3, 2002
Bill - I have attached a draft it may not be the final one that was sent to
the council but it is close.
It is a word document . PLEASE FORWARD THIS TO THE TOWN ATTORNEY. ALSO,
SINCE THIS LETTER WAS SENT, LARRY TUCKER, TOWN ENGINEER, HAS INDEPENDENTLY
DETERMINED THE POWER LINES WERE PLACED TO MINIMIZE DAMAGES TO THE DEVELOPER
WHILE MAXIMIZING DAMAGES TO THE EXISTING RESIDENTS.
two issues which are not specifically addressed in the letter but I would
like to get anwers to are:
1) According to the Duke Power engineer the choice of where to put the
power poles was done at the behest and extra cost of the developer who
Co-Conspired with Duke to minimize damage to their own development while
inflicting unmitigated damages to existing residents who DO NOT need the
electricity. Can the town immediately HALT development by developers who
willfully and unnecessarily inflict damages on neighboring communities
without mitigating them in any way.
2) It seems there must be violations of the Spirit of the Duke franchise
agreements to not attempt to mitigate (or even contact) property owners
damaged by their activies. According to Duke (Dan Daniels 687-3136) they
also deviated from their standard best engineering protocols in letting
outside engineers dictate where the power poles and lines were place.
wouldn't this be a violation?
Best wishes,
Jay Brenman 843-3637
Sent via e-mail
October 4, 2002
Bill,
one other issue of minor importance to us but is probably worth checking
into and passing the results onto the council is the 2nd power pole on our
side of weaver dairy I believe is on Parkside II not chapel hill land. The Duke engineer alluded to trying to get an easement from parkside II
after the fact. Yet another shining example of misuse of franchise power by
Duke. This would give us more ammo for monday if true. Parkside II unfortunately does not have homeowners association yet as the
developer is still selling houses.
let me know if you find an answer.
Best wishes,
Jay Brenman