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The Challenges of. Negotiating Changes in ELULUs. Sanda Kaufman. Levin College of Urban Affairs. Cleveland State University. LULUs and ELULUs. The GSX Story. ELULU profile. Third parties and ELULUs. IACM Conference, Eugene, 1994. Negotiating Changes in ELULUs What are ELULUs?.

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The challenges of

The Challenges of

Negotiating Changes in ELULUs

Sanda Kaufman

Levin College of Urban Affairs

Cleveland State University

LULUs and ELULUs

The GSX Story

ELULU profile

Third parties and ELULUs

IACM Conference, Eugene, 1994


The challenges of

Negotiating Changes in ELULUsWhat are ELULUs?

ELULUs are Existing, Locally Unwanted Land Uses.

LULUs are new Locally Unwanted Land Uses.

  • Is the process of negotiating ELULU change

    comparable to negotiating LULU siting?

  • What should be the terms of the comparison?

    4 parties' perceptions of consequences

    4 parties' involvement

    4 laws and regulations

    4 negotiation process

     alternatives

Sanda Kaufman, IACM, Eugene 1994


The challenges of

Negotiating Changes in ELULUsComparing ELULUs to LULUs (a)

nThe negotiation process involves:

NEW simultaneous interaction of most players

4 EXISTING sporadic interaction of select players

nCommunity perceives consequences:

NEW as larger, more threatening

4 EXISTING as smaller, less threatening

nCommunity's status quo can be:

NEW maintained or unaffected by LULU

4 EXISTING changed or questioned

even if initiative is not implemented

Sanda Kaufman, IACM, Eugene 1994


Negotiating changes in elulus elulu change strategies

Negotiating Changes in ELULUsELULU Change Strategies

Implementing ELULU changes differs from LULU siting

incomplete stakeholder representation

Key differences:

history of relationship

status quo not an option

parties cannot disengage

default worse than status quo

apply parts of the credo

Recommendations:

introduce third party intervention

conduct research on

matching interventions to situations

intervention strategies that work

institutionalizing intervention

Sanda Kaufman, IACM, Eugene 1994


Negotiating changes in elulus why unwanted

Negotiating Changes in ELULUsWhy UNWANTED?

Siting LULUs

Changing ELULUs

Environmental

damage to air, water, soil, etc.

Ex. waste treatment facility

Consequences

Impact on property values

Economic

Ex. landfill

Consequences

legal and delay costs

Ex. power plant

Functional

change in spatial relationships

Ex. WallMart in rural area

Consequences

Social

presence of "undesirables"

Ex. housing for the poor, disabled ...

Consequences

Sanda Kaufman, IACM, Eugene 1994


Negotiating changes in elulus examples of elulu changes

Negotiating Changes in ELULUsExamples of ELULU Changes

Rock-N-Roll Hall of Fame

Functional consequences

Alternative sites & designs

If negotiations fail -> status quo

St. Herman hospitality house

Social & economic consequences

If negotiations fail, parties cannot walk away

Parties' joint history affects current dispute

Shaker Heights Malvern School

Functional & social consequences

Community voice varies greatly

If negotiations fail status quo not restored

Tremont's Grace Hospital

Economic & functional consequences

Representation problems

Suboptimal outcomes

GSX waste treatment facility

Environmental consequences

Sanda Kaufman, IACM, Eugene 1994


Negotiating changes in elulus some types of elulu change

Negotiating Changes in ELULUsSome Types of ELULU Change

Siting LULUs

Changing ELULUs

Enlarging facility,

same function

Same facility,

changing function

Enlarging facility,

changing function

Same facility,

adding functions

Sanda Kaufman, IACM, Eugene 1994


Negotiating changes in elulus examples of elulu changes1

Negotiating Changes in ELULUsExamples of ELULU Changes

Rock-N-Roll Hall of Fame

St. Herman hospitality house

St. Ignatius High School

Beachwood Pavilion Mall

Shaker Heights Malvern school

Cleveland's Warehouse District

Cleveland Flats nude dancing bar

Euclid Beach Park

Tremont's Grace Hospital

Cleveland's Tower City

GSX waste treatment facility

Sanda Kaufman, IACM, Eugene 1994


Negotiating changes in elulus siting lulus

Negotiating Changes in ELULUsSiting LULUs

Rock-N-Roll Hall of Fame

Functional consequences

The Rock-N-Roll Hall of Fame will be built

in Cleveland, on a vacant site

in the new harbor on Lake Erie

In general, for siting LULUs,

  • Alternative sites

  • Alternative designs

  • If negotiations fail, return to status quo

Sanda Kaufman, IACM, Eugene 1994


Negotiating changes in elulus expanding an existing facility

Negotiating Changes in ELULUsExpanding an existing facility

St. Herman hospitality house

Social & economic consequences

St. Herman's is a Greek Orthodox hospitality house

for the homeless in Ohio City.

In 1991, it attempted to expand its kitchen,

triggering considerable community opposition.

Mediated negotiations led to the approval of

a zoning variance for the expansion.

In general:

  • if negotiations fail, the parties cannot walk away

  • parties have a joint history that affects the

    current dispute

Sanda Kaufman, IACM, Eugene 1994


Negotiating changes in elulus changing the function

Negotiating Changes in ELULUsChanging the function

Shaker Heights Malvern school

Functional and social consequences

Shaker's Malvern elementary school was closed

for lack of students.

A developer attempted to convert the building into

condominiums, triggering community opposition.

The building has now been rented to a

Jewish day school.

In general:

  • the ability of communities to have a voice in the

    process varies greatly

  • if negotiations fail, the status quo is not restored

Sanda Kaufman, IACM, Eugene 1994


Negotiating changes in elulus expanding facility and changing function

Negotiating Changes in ELULUsExpanding facility and changing function

Euclid Beach Park

Tremont's Grace Hospital

Cleveland's Tower City

The Grace Hospital of Tremont bought surrounding land

to expand and change into a more profitable

spinal cord injuries treatment facility.

The community split over the plan, which failed, leaving

the hospital under continuous threat of closing down.

In general:

  • private sector transactions may be able to stay

    outside the community reach

  • misrepresentation by parties results in

    inefficient outcomes

Sanda Kaufman, IACM, Oregon 1994


Negotiating changes in elulus adding new functions

Negotiating Changes in ELULUsAdding new functions

GSX waste treatment facility

Environmental consequences

The GSX waste treatment facility located in

Cleveland's St. Hyacinth neighborhood, wanted

to add the capability of processing toxic waste.

Opposition to the plan led to the closing down of

the facility.

In general:

  • the result of such initiatives may be worse than

    the status quo for initiator, community, or both

  • there are no institutional structures to assist

    the process

Sanda Kaufman, IACM, Eugene 1994


Negotiating changes in elulus gsx sequence of events

Negotiating Changes in ELULUsGSX, Sequence of Events

  • 1981 AlchemTron Hazardous waste treatment facility opens

    4 local and state regulatory violations

    4 incinerator installed

    4 permit renewal process initiated

    4 financial problems escalate

  • 1988 GSX purchases AlchemTron facility

    4 management and procedural changes

  • 1989 Community awareness of GSX

    4 neighborhood gets new EPA hearing

    4 FITE organizes/takes action

    4 public officials oppose the incinerator

    4 EPA bifurcates hearing process

  • 1990 GSX closes operations

    4 accidents and violations continue

    4 EPA permit revoked

    4 court order to shut down

     GSX decides to pull out of location

Sanda Kaufman, IACM, Eugene 1994


The challenges of

Negotiating Changes in ELULUsGSX Stakeholders

  • GSX wanted to:

    4 Add incineration treatment

    4 Increase radius of service (profits)

  • City government wanted to:

    4 Maintain compliance (mandate)

    4 Show responsiveness to public's concerns (political)

  • County government wanted to:

    4 Provide for regional needs of waste processing (mandate)

    4 Minimize costs of involvement

  • EPA, OHWFB & State of Ohio wanted to:

    4 Maintain compliance

    4 Foster good image with public, industry, governments

  • Neighborhood and environmental groups wanted to:

    4 Get informed about their environment

     Prevent incineration treatment process

Sanda Kaufman, IACM, Oregon 1994


Negotiating changes in elulus siting lulus credo

Negotiating Changes in ELULUsSiting LULUs Credo

13 tenets for negotiating LULU siting

L. Susskind, Negotiation Journal, 1990

1. Seek consensus through

7. Work for geographic fairness

broad-based participatory process

8. Keep multiple options

2. Work to develop trust

on the table at all times

3. Get agreement that

9. Guarantee that stringent

status quo is unacceptable

safety standards will be met

4. Choose facility design

10. Fully compensate all

that best addresses the problem

negative impacts of the facility

5. Seek acceptable sites

11. Make the host community

through volunteer process

better off

6. Consider a competitive siting process

12. Use contingent agreements

13. Set realistic timetables

Sanda Kaufman, IACM, Eugene 1994


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