[Durham INC] Fw: News From Durham People's Alliance

Melissa Rooney mmr121570 at yahoo.com
Mon Feb 9 11:47:23 EST 2009


Good point, Pat. In addition, I don't see why the Board of County Commissioners can't, themselves, simply reject Mr. Hunter's survey on the basis of conflicts of interest. Then let HIM petition them to provide a new survey, if he believes that an independent survey will back up his results. 

If the bad precedent of a developer-provided survey isn't enough reason to reject Mr. Hunter's survey, particularly since he stands to profit from the changes, then the  BOCC should be able to reject it based on its inadequacies. Two important inadequacies to address are:

1) The survey doesn't have enough resolution, particularly compared to independent surveys utilized up to now. 

At the November 24th BOCC regular meeting, Planning Director Steve
Medlin explained that prior to the 2005 Jordan Lake survey (the one under
contention), the watershed boundaries were delineated based on 1974
USGS quads, which basically showed 10 foot graduation of elevations.
For the 2005 survey, the surveyor identified 8 points out in the field to establish what was the 215 foot
normal pool elevation. 

Only 8 points out in the field! That means that there are thousands of feet b/w each point. 

On the other hand,  at the November 24th BOCC meeting, then-commission-chair Ellen Reckhow said that, when she read the specs for the INDEPENDENT Survey (the survey the BOCC was considering commissioning)  the work appeared 'detailed and thorough'...that they were going to be setting up measurements at close intervals, much closer than the distances used by the developer-provided survey.

Furthermore, Chairwoman Reckhow said that in an email the manager forwarded the board earlier that day, someone at the state was asking (of the developer provided survey), 'why are there these big intervals between the points?' 

At this same meeting, County Attorney Chuck Kitchen stated that 'the points are fairly far apart compared to what has been asked for.'

And County Manager Mike Ruffin stated, "there are not enough reference points in those first two surveys [provided by developer Neal Hunter] to pass muster with DWQ." Of course that leads us to question why the DWQ did, in fact, approve this inadequate survey...Was there any outside pressure on them to do so? In other words, were conflicting special interests at play here too?

(To verify these statements of Steve Medlin, Ellen Reckhow, County Attorney Kitchen, and County Manager Ruffin, go to the following link and fast-forward the video of the BOCC meeting to 3:03, 3:19, 3:47, and 3:54, respectively:
http://durhamcounty.granicus.com/MediaPlayer.php?view_id=2&clip_id=204

2)  A colleague and friend noticed that Hunter's 'new' survey resulted in changes ONLY to the
1 mile critical, without changing the ½ mile critical and 5 mile protected
boundary.  It stands to reason that you can’t change one
without changing the others…a survey doesn’t work that way…at
least it SHOULDN’T work that way. 


In this regard, Hunter's letter to DWQ indicates that "the County's action in 2006
[that is, Frank Duke's decision to move the Jordan Lake boundary based
on the developer provided survey] as well as the county's recent
submittal [to DWQ]...only involved a boundary change of their 1 mile
CA [Critical Area]." Later Mr. Hunter writes, "Let me repeat, the 5 mile PA [protected area] was not changed in the January 6, 2006, actioin." To see this letter for yourself, click the following link:

http://www.indyweek.com/pdf/120308/HunterLetterToVentaloro.pdf

(For more clarification of the 1/2, 1 and 5 mile critical areas, see the attached picture)

** Why should Durham have to pay for a new survey? Why can't they simply say no to the developer-provided survey, based on the above inadequacies. In other words, at the very least, why can't Durham just stick with the boundaries that have been in place for years.
Surely, it seems that the majority of Durham citizens agree:  If Durham IS going to go with a new survey, it should not be one provided by anyone who stands to profit from the results. For evidence of this statement, note that the Petition for an Independent Jordan Lake Survey has accumulated over 1000 signatures in a mere 2.5 days: http://www.petitiononline.com/mod_perl/signed.cgi?jrdnsrvy


To
those who might argue that since the Division of Water Quality (DWQ)
approved the survey, Durham should do so as well...Let me point out
that the DWQ department that reviewed the survey admitted that they didn't have survey expertise.



Melissa
Melissa Rooneymmr121570 at yahoo.com





--- On Mon, 2/9/09, Pat Carstensen <pats1717 at hotmail.com> wrote:
From: Pat Carstensen <pats1717 at hotmail.com>
Subject: Re: [Durham INC] Fw: News From Durham People's Alliance
To: "inc listserv" <inc-list at durhaminc.org>
Date: Monday, February 9, 2009, 9:24 AM




#yiv1826488880 .hmmessage P
{
margin:0px;padding:0px;}
#yiv1826488880 {
font-size:10pt;font-family:Verdana;}

I'm generally frustrated by this whole exchange.  On the one hand, the cost of the county doing its own survey would cover the salary of at least one employee for the whole year -- something to consider in these tough times.  On the other hand, the developers have enlarged every possible loophole -- a record that makes me want to check every word they say (including the "buts" and the "ands", to quote some famous person).
I'm not sure why doing our own survey has to cost so much.  It's probably the "truth is proportional to what you pay for it" theorem.  Somewhere in the report, there has to be some facts that could be independently verified (get some geo-caching folks out on the corps lands to check some co-ordinates or something) or some other way that we can do the "verify" part of "trust but verify."
Regards, pat  

Date: Sun, 8 Feb 2009 20:38:00 -0800
From: mmr121570 at yahoo.com
To: inc-list at durhaminc.org
Subject: Re: [Durham INC] Fw: News From Durham People's Alliance

Ken,

This issue has been covered extensively by the N&O, Herald Sun, Independent Weekly, and several blogs since November, 2008. Here are some good links -- Matt Saldana, with the Indy, does a great job of including links to the actual letters and sources of his information, so that you can form your own opinion based on the facts:

http://www.indyweek.com/gyrobase/Content?oid=oid%3A271898

http://www.indyweek.com/gyrobase/Content?oid=oid%3A272431

http://www.indyweekblogs.com/triangulator/tag/jordan-lake/

--Melissa (Rooney)



--- On Sun, 2/8/09, Ken Gasch <Ken at KenGasch.com> wrote:
From: Ken Gasch <Ken at KenGasch.com>
Subject: RE: [Durham INC] Fw: News From Durham People's
 Alliance
To: "Barry Ragin" <bragin at nc.rr.com>
Cc: mmr121570 at yahoo.com, inc-list at durhaminc.org
Date: Sunday, February 8, 2009, 10:13 AM

Barry,

Don't get so worked up.  I do not know enough about the circumstances to
decide either way.  I will probably not be able to decide based on the
information I currently have access to.

Ken Gasch


-----Original Message-----
From: Barry Ragin [mailto:bragin at nc.rr.com]
Sent: Sunday, February 08, 2009 9:59 AM
To: Ken Gasch
Cc: mmr121570 at yahoo.com; inc-list at durhaminc.org
Subject: Re: [Durham INC] Fw: News From Durham People's Alliance


How does the People's Alliance statement "cast stones?" Or call
anyone
"guilty?" This isn't a criminal trial, and there is no need for a
presumption of innocence or proof of guilt.

It merely states: "No matter the accuracy or inaccuracy of the survey,
this is a dangerous precedent and does
 not serve the best interests of
the citizens of Durham. Any adjustments to the normal pool boundary and
critical watershed boundary should be made only on *the basis of an
impartial and independent survey by a firm hired by the Durham County
Commissioners*."


That there is a conflict of interest in accepting a survey paid for by
someone who stands to profit from that survey is so blindingly obvious
that even our County Commissioners should be able to recognize it. If a
taxpayer funded survey shows the same results, they can still be
challenged on scientific grounds, but at least the credibility of the
process will remain intact. If i were a developer, i think i'd far
prefer that scenario.

Barry Ragin

Ken Gasch wrote:
> Would it not be wise to speak to the developer before casting stones?
> Or, are all developers sinister villains who are guilty until proven
>
 innocent?
>
> Ken Gasch
> REALTOR®/Broker
> Seagroves Realty
> www.KenGasch.com
> C: 919.475.8866
> F: 866.229.4267
>
>     -----Original Message-----
>     *From:* inc-list-bounces at rtpnet.org
>     [mailto:inc-list-bounces at rtpnet.org]*On Behalf Of *Melissa Rooney
>     *Sent:* Saturday, February 07, 2009 11:37 PM
>     *To:* inc-list at durhaminc.org
>     *Subject:* [Durham INC] Fw: News From Durham People's Alliance
>
>     Please see the People's Alliance's Statement-- against the
>     Developer-paid Jordan Lake Survey -- posted in their Feb 5
>     newsletter (attached below).
>
>
>     Shouldn't the INC make a statement on this issue at our Feb
>     meeting? It would be best if someone other than me brought this
>     forward, since I've already been at the helm of the resolution for
>     responsible
 development as well as the petition for an Independent
>     Jordan Lake Survey (
>     http://www.petitiononline.com/jrdnsrvy/petition.html )
>
>
>     Thanks in advance for your concern and help in this very serious
>     matter!
>
>     Melissa (Rooney)
>
>
>     Feb 5 Statement in the PA newsletter:
>
>
>     "Recently the Durham County Commission voted, 3-2, to support a
>     survey of the boundary of Jordan Lake paid for by a developer who
>     stands to benefit from a change in the lake's official boundaries.
>     PA responded in a letter to the County Commission:
>
>     "The Durham People's Alliance opposes modifications of the
>     Critical Watershed Boundary of Jordan Lake based on a survey paid
>     for by a private developer with obvious self-interest.
>
>     We are disappointed that a majority of
 CountyCommissioners voted
>     to send to the state Water Supply Watershed Protection Program for
>     approval, a survey that a developer has paid for that
>     coincidentally shifts the normal pool boundary away from the
>     developer's property, thereby increasing its value many times
>     over. No matter the accuracy or inaccuracy of the survey, this is
>     a dangerous precedent and does not serve the best interests of the
>     citizens of Durham. Any adjustments to the normal pool boundary
>     and critical watershed boundary should be made only on the basis
>     of an impartial and independent survey by a firm hired by the
>     Durham County Commissioners."
>
>     The full PA statement can be seen on the PA website:
>     www.durhampa.org."
>
>     --- On *Fri, 2/6/09, Durham People's Alliance
>     /<durhampa at mindspring.com>/*
 wrote:
>
>         From: Durham People's Alliance <durhampa at mindspring.com>
>         Subject: News From Durham People's Alliance
>         To: mmr121570 at yahoo.com
>         Date: Friday, February 6, 2009, 11:05 AM
>
>         Durham People's Alliance
>         Activist Agenda
>         February 5, 2009
>
>
>         *In This Issue *
>         New Beginnings: Dave Austin selected for PA Coordinator role
>         <#LETTER.BLOCK6>
>         PA Office -- Space to Share <#LETTER.BLOCK7>
>         PA Website & Database Rejuvenation <#LETTER.BLOCK8>
>         PA sustenance. <#LETTER.BLOCK9>
>         PA Advocates Against Electronic Billboards <#LETTER.BLOCK10>
>         Jordan Lake Survey -- Unbiased? <#LETTER.BLOCK11>
>         Immigrant Solidarity Committee of Durham being Organized
>   
      <#LETTER.BLOCK12>
>         Third Annual NAACP HK on J March <#LETTER.BLOCK13>
>         "Gotta Go: Ethics in Exile" Film Series
<#LETTER.BLOCK14>
>         Hunger No More -- A hunger Crisis Conference
<#LETTER.BLOCK15>
>         Campaign for Decent Housing in Durham Feb Meeting
>         <#LETTER.BLOCK16>
>         Best Recent Read: "Whatever Happened to the Jobs"
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>         few months while we dealt with some interesting issues. We're
>         back!!
>
>         New Beginnings: Dave Austin selected
 for coordinator role
>         Dave Austin pictureDave Austin, who was recently selected to
>         fill the Coordinator position, is a long-time PA member - a
>         Coordinating Committee member for 3-4 years in the early 90s,
>         and PA-PAC coordinator for 4-5 years in the late 90s. An
>         ex-Peace Corps volunteer (Western Samoa '70 - '72), Dave
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>         (still going strong), and then worked for 17 years at RTI,
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 ago. He and his wife Pam George have
>         recently moved "downtown" (behind Duke East), and have
one
>         daughter, Kemen. He's happy to have a closer connection to PA
>         members, happy to see so many friends still on PA membership
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>
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>
>         *PA Website and Database Rejuvenation*
>         Website Rejunvenation
>         The PA CC has hired Andy Edmonds to give the PA website a much
>         needed overhaul, and to analyze database needs and capabilities.
>
>         Andy grew up in Pennsylvania and moved to Durham in 2005 after
>         earning a Masters in Geography from the University of South
>         Carolina. He and his wife, Jenny, were married in January of
>         2006 and held their wedding reception in Bay 7 of the American
>         Tobacco Historic District. Andy is currently a stay-at-home
>         dad with their first child, Robbie. Andy's interests in
>         theater, kayaking, and
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>         positions with the Carolina Theatre and the Durham Open Space
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>         Board of Directors and has coordinated, for the last three
>         years, the Saturday morning, historic downtown Durham walking
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>         organization's first Ghost [building] Tour, held this past
>         Halloween. AND he knows websites and databases!
>
>
>         *PA Sustenance*
>         The abrupt loss of the previous PA staff person in June, 2008,
>         together with many demands on PA Coordinating Committee
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>         flowing in. Surprise! One high priority is
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>         your donations are, and how pleased we are to see them on a
>         regular basis. Not the least reason of which would be to
>         increase staff hours from 10 to a more reasonable 12
>         hours/week. Look for more in the newsletter, and in your
>         personal mail or email for our appeal for your help to get
>         back on track. Soon.
>
>         PA Advocates Against "Electronic Billboards"
>         "Coming to Durham?" billboard
>
>         At a recent membership meeting, Durham People's Alliance voted
>         to oppose a billboard industry initiative that would allow
>         electronic billboards to be installed along Durham area
>         highways. These bills boards waste energy, pose safety
>         challenges, and reduce the quality
 of life for neighborhoods
>         that already put up with traffic noise. IN addition, federal
>         law requires that, if future Durham citizens ever want. to
>         remove billboards they would have to reimburse the company for
>         the costs of the billboard AND the future revenue the
>         billboard would generate. The revenue generated by electronic
>         billboards would make such action cost prohibitive. Electronic
>         billboards would be here forever.
>
>         The full text of the PA resolution can be seen at
>         www.durhampa.org
>
<http://rs6.net/tn.jsp?et=1102427853964&e=001EMoFwIG59rPzx2c5s1jNN5QjM2Iii2L
opiUxYMdUjWJMM804tSfQSy_0Ti1EXcgmv-6wUTtrNfU9LkrUO_Tu05X6spnThRVP7gvLO1V0clu
ugqq6aufZCQ==>
>         , and the issue will be covered in more depth in the upcoming
>         PA newsletter.
>
>      
   PA takes (some) County Commissioners to task for Jordan Lake
>         survey vote
>
>         Recently the Durham County Commission voted, 3-2, to support a
>         survey of the boundary of Jordan Lake paid for by a developer
>         who stands to benefit from a change in the lake's official
>         boundaries. PA responded in a letter to the County Commission:
>
>         "The Durham People's Alliance opposes modifications of
the
>         Critical Watershed Boundary of Jordan Lake based on a survey
>         paid for by a private developer with obvious self-interest.
>
>         We are disappointed that a majority of CountyCommissioners
>         voted to send to the state Water Supply Watershed Protection
>         Program for approval, a survey that a developer has paid for
>         that coincidentally shifts the normal pool boundary away
 from
>         the developer's property, thereby increasing its value many
>         times over. No matter the accuracy or inaccuracy of the
>         survey, this is a dangerous precedent and does not serve the
>         best interests of the citizens of Durham. Any adjustments to
>         the normal pool boundary and critical watershed boundary
>         should be made only on the basis of an impartial and
>         independent survey by a firm hired by the Durham County
>         Commissioners."
>
>         The full PA statement can be seen on the PA website:
>         www.durhampa.org.
>
>         Immigrant Solidarity Committee of Durham being organized
>         Immigrant Solidarity Committee of Durham being organized --
>         volunteers needed. Inaugural meeting: 2/18/09.
>
>         Immigrant Solidarity Committee of Durham -- a project of
 the
>         American Friends Service Committee. The objective: Triangle
>         residents working together to promote welcoming and
>         compassionate attitudes towards our immigrant neighbors.
>
>         Inaugural meeting: Wed. Feb. 18 from 6:30-8:30pm (6:30 Meal
>         provided; 7:00 meeting begins) Place: Durham Friends Meeting
>         -- 404 Alexander Drive, Durham, 27705
>
>         Contact: Lori Khamala 336-413-8905, LKhamala at afsc.org
>         <mailto:LKhamala at afsc.org>
>
>         Please let me know if you are coming, so we can plan for food.
>         Call also if you have questions or need child care.
>
>         Workplace raids creating a culture of fear. Routine traffic
>         stops leading to detention for months. Deportations tearing
>         apart families. Cities passing discriminatory ordinances.
>        
 Media pundits dehumanizing members of our community. People of
>         good will throughout the state are fed up with the hateful
>         anti-immigrant rhetoric filling our airwaves and the
>         mean-spirited actions being taken against immigrant neighbors.
>         Now is the time to unite in support of our immigrant brothers
>         and sisters and work together to change the discourse into one
>         that acknowledges the humanity of all members of our community.
>
>         *Third Annual NAACP HK on J March in Downtown Raleigh*
>         *February 14, 2009 - 3rd Annual NAACP HK on J March in
>         Downtown Raleigh
>         *HK on J: Historic Thousands on Jones Street
>         So far, more than 75 organizations have joined together and
>         thousands of North Carolinians have marched and rallied in
>         support of HK on J's 14-point
 civil rights agenda. In 2009,
>         the HK on J coalition will commit even more vigorously to this
>         agenda, as well as reform of the criminal justice system to
>         prevent prosecutorial misconduct against any person,
>         regardless of race. See the entire agenda at
>         http://www.hkonj.com/
>
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>
>         *"Gotta Go: Ethics in Exile" Film Series*
>         2009 Ethics Film Series at Duke University: "Gotta Go: Ethics
>         in Exile" continues TUE 2/24. 7pm. Griffith Film Theater,
>         Bryan Center, West Campus, Duke University, Durham.
>
>         The 2009 series features four documentaries about people
>         forced into exile, whether by political,
 economic, or natural
>         causes. They find themselves questioning what constitutes
>         home, who constitutes authority, and where a sense of meaning
>         and truth resides. The films encourage us to consider the
>         ideas of place and displacement. Free and open to the public.
>         Free parking available in the BryanCenter parking deck.
>         Refreshments provided.
>         **TUE 2/24 -- THE AXE IN THE ATTIC
>         **TUE 3/24 -- THE BETRAYAL (NERAKHOON)
>         **TUE 4/24 -- PRIMO LEVI'S JOURNEY
>         For more detailed information: 919-660-3033 or kie at duke.edu
>         <mailto:kie at duke.edu>
>
>         *Hunger No More -- A Hunger Crisis Conference. 2/27-28/09*
>
>         Hunger No More - A Hunger Crisis Conference
>         The Catholic Community of St. Francis of Assisi, 11401
>         Leesville Rd.,
 Raleigh
>         The Franciscan Coalition for Justice and Peace invites you to
>         join us as we host a hunger crisis conference on Feb. 27 & 28,
>         2009. Entitled "Hunger No More," this conference will
assemble
>         individuals from all over the country to address ways people
>         of faith and good will can respond to hunger at home and
>         abroad. For more info or to register see -
>         http://www.franciscancoalition.org/HungerConference.php
>
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>         or contact 919-847-8205 ext 267,
>         joseph.wolyniak at stfrancisraleigh.org
>         <mailto:joseph.wolyniak at stfrancisraleigh.org> Registration -
>       
  Regular ($40.00); Student ($20.00); Hardship ($20.00)
>
>         *Campaign for Decent Housing in Durham -- February meeting *
>
>         Campaign for Decent Housing in Durham.
>
>         Meeting Tuesday, February 17, 5:00-6:00pm
>
>         Place: City Neighborhood Improvement Services; Golden Belt
>         Building 2, 3rd floor; 807 E. Main St. on Morning Glory Ave.
>
>         Work on our 2009 Goals: - Foreclosure prevention - Vacant
>         house reuse - Neighborhood planning - Energy efficient homes -
>         Housing for people who are homeless. Questions? Contact:
>         Lorisa Seibel, Durham Affordable Housing Coalition: 683-1185.
>
>         *Best Recent Read: "Whatever Happened to the Jobs" -- NC
>         Justice Center*
>         Best Recent Read: "Whatever Happened to the Jobs -- A Tale of
>         Two Economic
 Cycles" by John Quinterno at the NC Budget and
>         Tax Center of the NC Justice Center. Go to www.ncjustice.org
>         for the full report.
>
>         Durham People's Alliance
>
>
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