[Durham INC] Minutes from 5/25

TheOcean1 at aol.com TheOcean1 at aol.com
Thu Jun 2 12:24:10 EDT 2011


Since the neighborhoods are able to  read the lengthy speech, let me reduce 
it to the resolution that INC President,  Tom Miller, asked me to bring to 
the June meeting.
 
 
 
 
 
Bill
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Forgoing the usual quantity of WHERE AS and the THEREFOREs, the  points are 
simply the public's access to the city's workings in the interest  of 
government transparency. Specifically the detail of why a small parcel of  land 
was rejected for sale at 577 Mallard Ave in 2008. This point has some  
fundamental issues, so I'd like to withdraw this question while  I recheck some 
facts.
 
That will boil the resolution down to the other point, which is  probably 
of far greater interest to all the neighborhoods--  So here's  the resolution 
as  requested:
****************************************************************************
*************************************
Where  as Duke Park represents Durham's most historic park, and its history 
is vital  to all of Durham's neighborhoods, InterNeighborhood Council 
therefore resolves  that the City of Durham find a way to preserve the structure 
formerly used as  the bath house of Duke Park's pool.
and 
Where as the public restrooms available to those visiting Duke  Park are 
part of the historic bath house and would be included in any  restoration, 
there is no need to remind the City of Durham that its own survey  in 1999 
determined them to be "UNACEPTABLE" and in "dire need of  attention".
 
Therefore, InterNeighborhood Council resolves that the City of Durham  
pursues an active path toward the re~purposing, and the refurbishing, of the  
Duke Park Bath House.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~






 

In a message dated 5/26/2011 9:40:09 P.M. Eastern Daylight Time,  
pats1717 at hotmail.com writes:

Note  that the numbers on the Inspections bill resolution are wrong -- the 
ones in  the minutes are corrected.  Thanks to Jennifer S. for taking notes. 
 Please let me know about corrections or additions.  Regards, pat  


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May  Delegate Meeting of the InterNeighborhood Council of  Durham 
First  Presbyterian Church 
May  24, 2011 
Attending  the meeting were:
Neighborhoods 
Burch  Avenue – Jennifer Skahen 
Cleveland  + Holloway – Matt Dudek, Ken Gasch 
Colony  Park – Susan and Don Lebkos 
Cross  Counties – Pat Carstensen  
Duke  Park – Ian Kipp, Bill Anderson 
Falconbridge  Homeowners Association – Rosemarie Kitchin 
Golden  Belt Neighborhood Association – John Martin 
Long  Meadow – Pakis Bessias 
Northgate  Park – Mike Shiflett, Nancy Kneepkens 
Old  East Durham – Chloe’ Palenchar 
Old  Farm – David Harris 
Old  North Durham – Peter Katz 
Parkwood  – Mike Brooks  
Trinity  Park – Philip Azar, John Swansey 
Watts  Hospital Hillandale – Tom Miller 
Woodcroft  – Scott Carter 
Visitors   
Jim  Wise – News and Observer 
Lynwood  D. Best – City of Durham, NIS 
Rick  Hester – City of Durham, Assistant Director of NIS 
Brenda  Howerton  
Tom  Miller called the meeting to order, and members introduced themselves. 
 The  treasurer reported we have about $3000; please pay your dues. 
Rick  Hester of Neighborhood Improvement Services gave a presentation, 
which was  sent to the list-serve after the meeting: 
·        Periodic  Rental Inspection Program – A program to  assure that 
rental units in the City of Durham are maintained in a safe and  habitable 
condition and comply with city codes and standards applicable to  rental 
housing in Durham.   They  plan to  have inspection cycles start in summer of 
2012.  It will replace the current  complaint-driven model, but using the same 
processes about what happens with  violations and same definitions of 
violations.  It will have a database of substandard  units that can track 
improvements and new issues.  Based on the experience in Greensboro,  they hope huge 
decreases in complaints with less work.   
·        Remediation  Program for Boarded-up Buildings  – They will enter 
boarded up buildings in a database and monitor for 6 months,  with the 
intention to get the structure re-mediated by NIS or the owner.   
·        SB  683/ HB 554 – This bill currently in the General Assembly 
would significantly  limit the ability of Inspections to do their job.  For 
example, the bill says that rental  and owner-occupied units have to be treated 
the same, forbids licensing of  rental properties, allows routine 
inspections only if there is “reasonable  cause” to think there may be issues, and 
even bans requiring landlord  training.  Mr. Hester asked folks  to City 
Council to pass a resolution against this bill, and contact your  representative. 
 
The  Committee on Boarded-up Houses will meet next Tuesday (5/31); contact 
John  Martin if you are interested.   Mike Shiflett moved that the Executive 
Council develop a resolution on  SB 554, send it to the list-serve for 
comment, and if there is consensus on  it, share it with other neighborhood 
groups in the state-wide network and  convey this consensus to elected 
officials.  This passed.  
Bill  Anderson shared some of his thoughts on resources for neighborhoods.  
Clearly, having more parks is good (if  nothing else, more parks means more 
of the city is within 500 feet of a park,  areas where certain  misdemeanor 
drug charges become felonies).  The parks issues Bill is seeing come  from 
single departments being able to veto turning over city property to  become 
parks, use of park areas to park vehicles and other non-recreational  uses, 
and (yes) money for needs such as the Duke Park bath house.  Bill’s full 
remarks are in Appendix  A.    
Philip  Azar gave a detailed update on what is happening with the hotel 
development at  the McPherson Hospital.  There are  a lot of interests to be 
fit together – preservationist concerns, neighborhood  issues such as parking 
and noise and sheer massiveness, and economic viability  from the developer. 
 The  neighborhood has had a lot of sturm und  drang on this development 
since they got talked into letting the Downtown  Development area come right 
up to the edge of the neighborhood, which means  that what is developed 
depends on the judgment (or lack thereof) of the  Planning Director.  Trinity 
Park  has an urban planning committee that has been very active in the process. 
 Their basic message was that Trinity  Park is not afraid of large brick 
buildings.  However, since the first iteration  looked like a generic airport 
motel, they encouraged the developer to involve  Eddie Belk; the next set of 
drawing was much improved.  They are progressing, but the process  is not 
yet complete. 
Announcements  included: 
·        The  Duke Park Beaver Pageant will be June 5. 
·        There  are open houses on the Comp Plan (the details were posted 
to the  list-serve). 
·        Pat  attended the workshop on Mixed Use and will send out comments 
and a link to  the website on it to the list-serve. 
·        David  said he would be bringing up activities of a coalition 
working to end the war  in Afghanistan. 
·        Mike  mentioned that the Transportation Advisory Committee Transit 
Plan has been  released so look for workshops on the subject.  
·        There  will be a Memorial Day Ceremony at the Fitzgerald Cemetery. 
 
_http://paulimurrayproject.org/may-30-memorial-day-event-at-fitzgerald-family-cemetery/_ 
(http://paulimurrayproject.org/may-30-memorial-day-event-at-fitzgerald-family-cemetery/)    
The  meeting adjourned. 

Appendix  A:  Text of Bill Anderson’s  Presentation 
Very  much appreciate President Tom's willingness and interest in hearing 
more about  the concern I brought up at the end of our last meeting. 
I  described it at that time as lopsided resource allocation, and quite 
frankly,  Tom's request to address the issue at this month's meeting, caused me 
to  do a great deal more thinking about the exact point I wanted to  make. 
Originally  I thought it was a money issue, partly because the bad news for 
an Historic  structure in Duke Park always came in the form of "We don't 
have the money to  properly care for the building", and that's the bath house 
at Duke Park that  was recently on Preservation Durham's Old Home Tour. And 
that bath house  contains the two public restrooms that serves that busy 
park. I have  personally been begging for some attention to those restrooms for 
more than a  quarter century, and they still look approximately like they 
did when I  started. 
That  frustration is what led to my statement last month, and to the  
conclusion it was a funding issue. 
But  I've come prepared to show that it's not a funding dilemma, because it 
can be  illustrated with an example that involves no money  whatsoever. 
Perhaps  it's a departmental issue, since some neighborhoods require more 
attention  than others. Code enforcement spends more time in neighborhoods 
that contain a  great many more boarded up houses than, for example, Trinity 
Park. Likewise,  Police and Fire Departments get more calls for service from 
disadvantaged  neighborhoods, but is that the problem? Of course not! 
Who  would want Firemen and Police to show up if their house wasn't on 
fire? No  one. And if Trinity Park suddenly had a rash of fires, we all know the 
fire  dept would respond just as quickly, and none of us would complain 
that Trinity  Park was suddenly using more than their fair share of city  
resources. 
The  more I thought about it, the more it all boiled down to one 
department.  Parks and Recreation. 
Interestingly,  the real trouble doesn't seem to be about money for a 
change. So what is the  real problem? 
That  folks, is the question I think INC should ask the city, and I hope to 
show you  good reason for asking it. 
Let me  draw your attention to a tiny little non-buildable lot in Cleveland 
Holloway.  Its address is 577 Mallard Ave and it's right here at the corner 
of Gurley  & Mallard. As many of you know, this particular block has under 
gone a  rather wonderful revival, that I'm proud to have been a part of, in 
fact, got  my Real Estate license just for the purpose. That's how I came to 
be the  person who requested that lot become "Cleveland Holloway Park", 
besides also  being the President of Duke Park Preservation Initiative, a 
nonprofit capable  of accepting and holding the land for purposes of creating a 
pocket park  there. 
This  wouldn't be a money issue, because the residents themselves would 
clean up the  section of Ellerbee Creek that runs through it, they'd put in a 
park bench if  they wanted one, in essence, all the labor and all the 
expenses would be borne  by the neighborhood, and it wouldn't take much of either 
of those to create a  cute little park. 
Besides  the obvious benefits of a neighborhood park for the pioneering 
residents who  poured themselves into the renovations of each of their homes, 
removing this  tiny parcel from the city's books has another effect. 
You  see the red circle I've drawn here? That's my guess of 500 feet 
surrounding  this lot. 
Remember  certain criminal offenses that take place within 500 feet of a 
school or a  park, carry more severe charges. The same way speeding in a work 
zone can  double the fines. If this were a park, certain misdemeanor drug 
charges  inside this circle would become felonies. 
It  would cost millions to build a school if you had a place to put one, 
but this  little park would be free to the city of Durham. Inside that circle 
is this  corner, Elizabeth and Canal. It was known for the five guys 
standing there day  and night, and not contributing a thing toward the 
revitalization of this  area. 
Sadly,  a drive by murder has done more to reduce the loitering there than 
anything  else. 
Wonder  if that guy would still be alive if this were a city park that 
could have  created that magical 500 foot circle. 
The  INC question would actually be, "Why isn't this a city  park? 
Before  any property owned by the city can become anything else, the idea 
must be run  past all the depts. 
That  prevents the loss of property where a Fire substation is needed, or 
where any  dept might have a need for the land. 
I  recall the neighborhood being excited as the request went in, after 
all...  what dept could possibly have a use for such a worthless lot? That's an 
INC  question... because some dept objected. That's why the parcel remains 
on the  city's books, and is presumably maintained by the city.... where it 
could have  been maintained by the neighbors. 
So the  question becomes, "Which dept objected, and why?" And if the answer 
is Parks  and Rec, it begs an additional question... "What would DPR hope 
to do with it  besides build a park?" 
The  ability to say "No" in this case carries a great deal of authority 
that can  have a serious effect on a neighborhood. Hope I've illustrated that. 
And in  this example, it's clearly not a money issue, heck, the city would 
probably  save a couple bucks in maintenance expenses. 
Traditionally  INC doesn't take up specific issues on behalf of a given 
neighborhood, but I  hope this explains why the process is worthy of INC's 
attention. It's good  that the public can propose a change like this little 
park, but in the  interest of government transparency, and because we all know 
that unchecked  authority can become a dangerous thing, the public should 
also have the  ability to ask a reasonable question. 
"Which  dept objected, and why?" 
Now  let's explore the issue I know all too well, the Duke Park Bath  
House. 
On the  surface it appears to be a no brainer money issue. 
I made  the comparison last month of the two 2800 sq foot community 
centers, the one  that exist in Walltown that cost $9 million, and the one that 
could exist in  Duke Park for about one tenth of that by the city's own  
estimates. 
Since  this would also solve the ancient bath room problem there, that 
Melissa was  kind enough to illustrate with the detailed description of her 6 
year old's  bowel movement in the bushes, and it would also preserve an 
Historic  structure... it would all seem to come down to not having the million 
dollars  to take advantage of such a bargain. 
Since  I've already told you it's not a money issue, let me give you the 
questions  first, then I'll explain why these are appropriate questions for 
INC to  ask. 
Question  number one, How much did that Ten Year Master Plan cost to 
assemble, and how's  that working out since we're nearing the end of the plan's 
cycle which covered  2003-2013? 
For  that matter, how much did the survey in 1999 cost to evaluate all the 
Park's  restrooms in preparation for that Master Plan?  
Or the  killer question, "How could that 1999 survey determine that the 
bath rooms in  Duke Park were "Unacceptable and in Dire Need of Attention" and 
12 years later  become "Not a Priority"? 
Clearly  that Master Plan isn't serving Parks & Rec very well, and as a 
result,  Parks & Rec isn't serving Melissa's 6 year old very well  either. 
If  it's not about money, what is it about? It's about land. 
A big  dept like Parks and Rec needs space to operate from. It's that need 
that has  put DPR in conflict with a neighborhood or a few, and in fact DPR 
is in  conflict with itself because of its need for space. 
If you  view all parts of government the way I do, that when we say "they" 
we should  mean "us", as in Of, For, and By the people, then you can't fault 
Parks and  Rec for needing space from which to do their big job. 
They  need a place to store mowers and equipment and to park their fleet of 
 vehicles. 
And  they've grown accustomed to the space they occupy in Duke Park. That's 
why the  caretaker's house looks like a compound, and it explains why DPR 
spent $5,000  of the taxpayer's money to fence in a public parking lot. We 
might take issue  that it was done without consulting anyone, while the park 
was closed for an  unbelievably long time after a storm knocked down some 
trees. But we can't  fault them for needing space. 
And  Mr. Bonfield recently told me that new space is being prepared for 
them, but  the move will take a year and a half or so. So that's a good thing, 
as it will  end this conflict once and for all. 
But  it's still fair to ask questions. For example, is it possible, since 
DPR wants  that parking lot so bad, that when the decision was made to 
maintain the  tennis courts located here, or not maintain them as has been the 
case, could  the need for that parking lot influence their decision, since 
tennis players  might want to park there? 
How  about all the other things Duke Parkers have complained about over the 
years?  The field that was built over the old pool has always been a big 
puddle after  even a light rain, could the need for space have influenced the 
job Parks  & Rec did when they installed the drainage tubes that were too 
small?  Could this also explain the intense resistance to truly maintaining 
the old  Bath House over all these years. 
I  propose that DPR's reasonable need for space has put them in a conflict 
of  interest since any of these improvements would draw more visitors and  
potentially put pressure on them to exit space they authentically need to  
operate. Sadly it results in the decision by Parks & Rec, do we serve the  
public as we are charged with doing, or do we serve ourselves by protecting  
this area we need to better serve the city as a whole? 
This logically  explains why converting a public parking lot to their depts 
use, in a way,  serves the public.   
And if  these assumptions are correct, then it explains the years of 
neglect and  almost makes them reasonable. And as I said before, the conflict is 
coming to  an end thanks to the new digs being readied for Parks & Rec use as 
a new  base of operations. 
All of  that is good, but the years of neglect have still left a raw spot 
on Duke  Park, and it still threatens the loss of an Historic Building, and 
the kids  are still going to be peeing in the bushes for quite  awhile. 
Basically,  when Parks and Rec moves, it will leave behind a serious 
backlog of needs in  Durham's oldest park. Amends are required, and they are 
needed in a hurry.  This is a far better comparison with Walltown, because after 
47 years of  begging, Walltown overly deserved it's community center, and it 
needed it in a  hurry. And so the city floated a bond for the $9 million it 
took to build it,  and that's the same solution for Duke Park, except we 
only need one  million. 
Again,  historically INC doesn't take up issues that are so pointedly 
focused on one  single neighborhood, but there are exceptions to every rule. This 
is one of  those exceptions for two reasons. First, folks from all over the 
 city come to Duke Park, just as Melissa is from Fairfield on the other  
side of town. So all the neighborhoods will benefit from decent bathrooms  
someday. 
Secondly,  all the other parks have been benefiting at Duke Park's expense. 
If your park  just got some new trash cans, those 55 gallon drums with the 
holes in the  bottom were delivered from Duke Park where they've been stored 
much to the  chagrin of we Duke Parkers. Your park didn't suffer from being 
used as  storage, because Duke Park has borne that burden, in a way, on 
behalf of all  the other parks in Durham. 
I'd  remind you that how the city treats one neighborhood should be of 
interest to  all neighborhoods, and so I'd ask that INC add to the short list of 
questions  raised above.... one more question. 
"....  and how 'bout floating a bond to preserve Durham's history, and make 
amends in  a hurry for the inequities experienced by a park that is 
treasured by all of  us?" 
It is  INC's place to help amplify the voice of a neighborhood that hasn't 
been  heard, and without INC's help, I fear the repairs to Duke Park will 
come  too late to save the Bath House which could serve all of  Durham. 
Sort  of reminds me of a favorite song from my youth, and a line in it. 
"When the  trolley is clean out of reach, a certain lesson it will  teach". 
It was  a great song, but it's not a lesson Durham ever wants to  learn. 
If INC  is interested in asking the questions I've proposed, I'll gladly 
return next  month with a very short resolution to that effect. Thank you for 
allowing me  the time to suggest it.   



=

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