PAC2 meeting minutes – 14 July 03
Introductions/farewell
Nuisance abatement
Project Safe Neighborhoods
Walltown peace march
Funding requests
Animal control
PAC2 elections
ABC permits
COP update
Ethics seminar
National Night Out
Housing update
Impact team update
Zoning
Council candidate
Introductions/farewell: The meeting began with the usual round of introductions.
Among those present was a familiar face now attending in a new capacity;
Ed Sarvis of the Durham Police Dept. has recently been promoted and is the new
District 2 commander. The outgoing commander, Capt. Duane Clark, also had a
few words to say. Clark started his career in District 2 in 1976, so the district
has always been close to his heart; he has greatly enjoyed being back here for these
last few years. He praised Newman’s leadership and the great work PAC2 has done,
calling it “the best group in the city of Durham”. Clark is moving to a job at
police headquarters, where he invited us to call on him at any time if he can help
with anything.
* * *
Nuisance abatement: As Newman reminded us, the five PACs had for some time been
pursuing the idea of hiring an attorney to prosecute nuisance abatement cases.
Little did we realize that tonight’s first guest speaker had been busily abating
nuisances all along. Patrick Baker, assistant city attorney, spoke to us about
his work on nuisance abatement. Baker began by saying how pleased he was to be here and pointing out that he was present not only as a guest but as a PAC2 member,
since he is also a resident of District 2. He mentioned meeting recently with
PAC leaders, and said that the PACs’ efforts to address the nuisance abatement
issue without being aware of his work on it were an example of miscommunication between
the city and the community. Baker explained that nuisance abatement is a collaborative effort between his office and the DPD, particularly emphasizing the important
contribution of the rank and file officers on the streets.
Baker told us about two of the more high-profile nuisance abatement cases he has
handled in Durham. The first was the 14-Karat ‘dinner theatre’, which has now been
replaced by a daycare in the same location. The city filed a lawsuit and closed down
the establishment. As part of a consent judgment, the property owner agreed to certain
conditions; for instance, any business carried on in this property could not sell alcohol
or stay open past 11 pm.
The second case was the Old Durham Inn on I-85. This was formerly a Super 8 motel,
but the motel lost its franchise and continued to go downhill. Despite being located on
the interstate, it eventually was no longer attracting a transient clientele, but was
frequented primarily by locals. The motel became a center of drug sales and prostitution.
Baker met with the owner to try to address the problems there, but when they proved
uncooperative, he ultimately unleashed what he called the ‘nuclear bomb’ of his legal arsenal:
the nuisance abatement action. Baker has a continuum of strategies at his disposal
for dealing with a nuisance property; the most extreme, and the last resort, is an actual
nuisance abatement lawsuit.
The nuisance abatement action is a creature of statute, outlined in chapter 19 of the
general statute. Baker called it the ‘most heinous of governmental takings’; in a successful
nuisance abatement suit, the state takes ownership of the property. As for the owner,
not only is he not compensated, but he receives a bill for the state’s trouble. Although
drastic, the nuisance abatement law has been found 100% constitutional by the NC Supreme Court;
the US Supreme Court declined to review the case.
The usual grounds for a nuisance abatement suit include drug trafficking, breaches
of the peace (e.g. gunshots), prostitution, or a sexually oriented business operating in
violation of zoning laws. The textbook nuisance abatement case would be the classic
crack house. Nuisance abatement law requires that the objectionable activities must be
occurring actually on the property, not just in its general vicinity. A nuisance abatement
suit can be filed by the city, the state, or the DA’s office. It can also be filed by
citizens or a citizen group, although there may be some costs involved.
When a nuisance abatement action is filed, the prosecutor must be ready for trial then,
with witnesses, evidence, etc. ready to go. The law says that they must be ready to try
the case by ‘the next term of court’, which can be as soon as the following week.
Baker said that if it sometimes seems that the city is dragging its feet and failing to
act promptly on a nuisance abatement matter, it may just be that trial preparations take time.
If the offending property is the site of a business, prosecutors usually try to enjoin
the operation of the business. When the flow of cash is shut off, Baker explained, “then they start returning my calls.” A temporary restraining order shutting down the business lasts for ten days; then it goes before a judge for a preliminary injunction hearing. If this is successful, the establishment is literally padlocked. At that point, prosecutors most often seek a consent decree; if necessary, however, they are prepared to go to trial with a nuisance abatement suit. The nuisance abatement law is a ‘loser pays’ statute, meaning that whichever party loses the lawsuit must pay the winner’s legal costs. Consequently, it’s only prudent for the city to prosecute when they have a strong case.
Baker talked about the important role citizens have to play in nuisance abatement; members of the community contribute both by testifying as witnesses and also by providing useful information about the general situation and history of the property. In a nuisance abatement action, the reputation of a property can be evidence. Baker also depends on the community to help identify nuisance properties, which should be brought to his attention or that of the police. Gathering evidence takes time, typically about six months. Although Baker agreed that usually ‘where there’s smoke there’s fire’, in court there has to be fire.
Baker usually works with the state’s nuisance abatement team, which consists of 4-5 officers who are dedicated to helping file nuisance abatement actions. They have been very successful in defining what constitutes a good nuisance abatement case, as opposed to one that needs more investigation and work, or one that may not be appropriate for nuisance abatement at all. Baker is going to be putting together a list of the top nuisance properties that need to be addressed; he emphasized that we do have the resources to prosecute these cases and deal with this problem.
When Baker opened the floor to questions, he was asked how egregious a case had to be to qualify, and whether noise alone would be enough. Baker replied that noise alone can constitute a breach of the peace, and that if noise were the sole issue, he would hope to be able to address the matter through other channels (for instance, the noise ordinance), but could employ a nuisance abatement action if it were ultimately necessary.
Newman pointed out that citizens don’t have to assume the burden of deciding if a particular property merits nuisance abatement; we can help just by identifying and reporting problems, so that they can be investigated.
* * *
Project Safe Neighborhoods: Tonight’s next speaker was Rob Faggart, the coordinator of Project Safe Neighborhoods (PSN) for Durham, who was here to update us on what PSN has been accomplishing. He began by showing an 18-minute video which introduced and explained the PSN concept.
Every year in North Carolina, about 1,000 people die from gun violence. Another 2,000-3,000 are injured, and many more friends and families are affected by these casualties. The mission of Project Safe Neighborhoods is to reduce gun violence.
PSN is not a fixed program, but a flexible strategy of partnership with local agencies and communities. Its emphasis is on prosecution and prevention. PSN’s flexibility allows communities to build on existing resources.
The Bureau of Alcohol, Tobacco & Firearms (ATF) investigates all gun-related incidents. Federal gun laws are very strict. PSN works with each local area according to its unique needs and tries to focus on the worst offenders and get them the longest possible sentences.
The first step in PSN’s approach to a new area is a series of meetings and information sharing. This is followed by analysis of the data on local gun violence, the results of which are discussed at a meeting called a Violent Incident Review. In Winston-Salem, for instance, PSN’s research found that youth were frequent perpetrators and victims of gun violence, so they created interventions focused on kids.
One of the strategies frequently used by PSN is called a Notification Session, and is similar to Durham’s STARS program. This session is aimed at repeat violent offenders who meet particular criteria ; many are out on parole at the time. First, the offenders meet with an assortment of citizens from the community and representatives of various community and government agencies. These people try to communicate to the offenders the impact that gun violence has in the community. In the words of one law enforcement officer, “I’m tired of attending funerals and murder trials.” Then they offer the offenders help. The object is to let them know that if they’re ready and willing to lay down their arms and turn their lives around, the community will support them. There are many agencies that will work with ex-offenders to try to meet their needs and reintegrate them into the community as peaceful, productive citizens. The most frequently heard need is for jobs.
Then the offenders are shown the alternative. They meet with law enforcement officers, prosecutors, and probation officers. These people emphasize that the offenders are to be involved with “no guns, no place, no time, no way, for no reason.” Offenders are warned that if they don’t choose to take the opportunity being offered them, and instead choose to continue carrying guns and committing crimes, they will be prosecuted to the fullest extent possible. As one officer warned, “When we send you to jail for thirty-seven years, I don’t want to hear your mama complain, ‘You put my baby in jail!’, because we brought you here and told you what would happen.”
In Durham, PSN partners with the Durham County Health Department, which has a gun safety team. Gun violence isn’t just a crime, but a public health issue. In one year in Durham, six children were killed and 150 more treated for gunshot wounds. Another group addressing these problems locally is the Religious Coalition for a Nonviolent Durham. They contact the family of every murder victim and ask permission to hold a prayer vigil at the murder site. There are many facets to the problem of gun violence, and many ways to fight it.
After the video, Faggart introduced Rob Lang of the U.S. Attorney’s office, who is the coordinator for the Middle District. The Middle District stretches from Virginia to South Carolina and includes five North Carolina cities that are participating in PSN: Durham, Winston-Salem, High Point, Salisbury, and Greensboro.
Lang reiterated that PSN is a comprehensive approach and that it is data-driven. They look at the data in a particular area to see where the problems are, who’s involved, what the causes and effects are, and so forth. Then they try to develop and implement the best approaches to intervention and prevention.
Lang feels a conviction that he was “put here at this time in this place to be involved in this project.” He estimates that PSN’s work in High Point has probably saved the lives of about thirty-five people, based on the reduction in gun violence that has been achieved. Citizen complaints there have decreased 73%, which Lang attributed not only to improved results, but to the fact that citizens are “at the table”.
* * *
Lang said that Durham has more going on, in terms of resources and groups working on related issues, that all the other cities combined; there just isn’t enough coordination. Durham is fertile ground for PSN, because so many things don’t have to be started from scratch, and PSN is an effective strategy for Durham because its flexible approach can draw on and pull together the resources we already have. For instance, Lang came to Durham and found that the Religious Coalition for a Nonviolent Durham was already doing a program similar to PSN’s Project Reach, which does outreach to emerging juvenile offenders. Durham also has the STARS program, which is akin to PSN’s notification sessions.
* * *
Sixty to seventy percent of violent crime is committed by five to ten percent of the criminal population. PSN is trying to identify that concentrated group, which in Durham could amount to a few hundred people. They want to focus on those people and let them know that the community is serious about this. They’ll offer them every kind of help—mental health services, day care, bus passes, job training, etc. Then the ones who won’t listen will be prosecuted vigorously and will serve as an example to show the next group that we’re serious.
In High Point, the crime statistics continue to drop. Lang attributes this to the intense outreach being done to at-risk youth; because of the success of these programs, there simply aren’t as many criminals coming up in the next generation.
Another goal is to identify who are the most serious leaders in multi-perpetrator crimes, and target the prosecution intelligently. PSN’s approach is a combination of prevention, intervention, and prosecution. They try to prosecute the ‘worst of the worst’. Then other criminals in the community can safely lay down their arms, because the guys they’re carrying guns to defend themselves against are in federal prison, and won’t be back for quite some time. Arming themselves for defense against other violent elements in the community is one way young men get drawn into crime. Then once a person has a felony on their record, he finds it almost impossible to get a job, and the cycle begins.
Lang hopes to get a federally funded prosecutor for Durham, and perhaps obtain matching funds from the city and county. He’s working to dispel “the myth that Durham is a cesspool.” PSN is seeking to achieve a 50% reduction in the homicide rate within 12-18 months. It’s worked elsewhere, and it can work here.
* * *
Rob Faggart then took the floor again to talk about what’s going on with PSN here in Durham and how people can get involved. Faggart’s position is unique; only Durham has its own PSN coordinator. He’s involved with everything, acting as PSN’s liaison to myriad community groups, government and law enforcement agencies. The PSN working group here in Durham has been meeting for about a year; Faggart has been aboard for three months. Last month the Durham Crime Cabinet agreed to act as an advisory board to PSN. Faggart tries to get people involved who are at the head of their respective agencies and have the power to break down traditional barriers. He’s working on involving the Durham schools in PSN.
* * *
The first Violent Incident Review in Durham covered incidents from 2002 through the first quarter of 2003. The report from the review is forthcoming. It took two days, and about sixty people from law enforcement were present. As an example of the value of pooling information, Faggart told us about the case of a youth who had been involved in a shooting. This youth had a relatively clean record and was going to get off lightly until the prosecutors compared notes with the DPD gang unit, who were aware that this kid was heavily involved in serious gang activity, and just hadn’t been caught yet. This information resulted in stricter prosecution.
Faggart also spoke about Operation Nightlight, which is a program of early intervention with juvenile offenders. The sheriff’s department and juvenile justice staff are involved, and they make home visits to do outreach to young people in trouble and try to deter them from becoming further involved in criminal activity.
* * *
Finally, Faggart talked about how people in the community can help. If you have a business (or know someone who does) that would be willing to consider hiring someone with a felony conviction, Rob Faggart wants to talk with you. Jobs are an essential ingredient in making it possible for someone to abandon a life of crime. People are needed to work in the reentry program, which provides a support network to reintegrate released ex-offenders into the community. We also need community involvement in the STARS program to communicate the impact of crimes, and encourage criminals to think about the impact on their family, children, and other connections when they go to prison for thirty years. Community involvement is also needed in Operation Nightlight, and for a similar program PSN hopes to start for adults, working with probation and parole officers.
Opening the floor to questions, Faggart was asked about the ‘revolving door’ of the judicial system. He said that one issue involved was pretrial release. Two of the top three most wanted on the Crimestoppers list were out on bond for something else when they committed these crimes. Another issue is that of more serious crimes being pled down to misdemeanors, or receiving suspended sentences. Coordinating the efforts of various law enforcement agencies will help with this, as will the anticipated gun prosecutor.
* * *
Someone else asked what the breakdown was, within the 16 to 25 age group, of crimes committed by local residents vs. those committed by people from out of town. Faggart said that they don’t know yet, but they will, as data gathering and analysis proceeds. There’s definitely some of both types, which is why it’s so important to coordinate with the other cities in the Middle District, and with Raleigh.
Faggart said that Durham is ‘way ahead of the curve’ because we already have so many resources, and that his job is not so much to create new resources as to unite those already extant. His closing statement was a reminder that “Nuisance abatement is important. Property crimes are important. Gun crimes kill people.”
* * *
Newman suggested that we should all ask ourselves what special skills each of us has, and how we could help. For instance, do you know someone who’d be a great streetworker (outreach program we saw in the video)? Perhaps you know someone who already does that type of work informally or as a volunteer, and might be available for the actual jobs that will be created.
Faggart said that we need to raise the level of outrage. A shooting should draw a crowd of over two hundred people to a city council meeting, as did the threat of a reduction in bus service. If you are involved with a group that would like to have someone speak to them about PSN, Faggart said he’s willing to go ‘anywhere, anytime’ to talk about PSN and show the video.
* * *
Walltown peace march: Newman brought up a couple of recent incidents of gun violence. The first was in Duke Park, where there had been a two-day vigil to show neighborhood solidarity. The second was in Walltown, which will respond with a march for peace. Audrey Mitchell of Walltown and Risa Foster, president of the neighborhood association in adjoining Trinity Heights, spoke about the march. It will be on Thursday, July 17, beginning at 6:30 pm. The march will start at the Walltown park at the corner of Club and Onslow. Walltown will be joined by Old West Durham and Trinity Heights, and they need everyone’s support. Foster thanked the various sponsors who had volunteered to provide refreshments. Mitchell said that the march will not be the end of it; there are other plans to keep up the momentum. Newman added that he was thrilled to see such community cooperation, and that we need to have a united response of outrage to every act of violence.
* * *
Funding requests: PAC2 has a small budget to spend on community endeavors. PAC2 treasurer Fred Lamar presented two funding requests for our consideration. The first was from the organizers of the Walltown peace march. They requested $53.84 to buy supplies to make signs for the march. PAC2 unanimously approved this request.
The second funding request was from the PAC2 Animal Control Task Force. Chair Alice Bumgarner presented their request for $441.05 to cover the costs of printing and promotional materials for a public awareness campaign (details below). This request was also unanimously approved by PAC2.
* * *
Animal control: Alice Bumgarner introduced the public awareness campaign planned by the PAC2 Animal Control Task Force. Their campaign will focus on the leash law, and will address the problem of dog attacks and try to raise the consciousness of dog owners. Bumgarner showed us the design for the campaign slogan, “Leashes save lives,” which will be printed on promotional Frisbees. The Frisbees will also have the phone number to report loose dogs. She also presented a flyer design, which was a picture of a cute, friendly-looking collie-type dog with the caption, ‘This is the face of a killer’. The task force intends to distribute flyers and do publicity at various neighborhood events, and also to post flyers in local stores, bulletin boards, and other heavily trafficked spots.
Cindy Bailey of Animal Control reported that since the opening of their new voicemail line where people can leave messages about dogs on the loose, they have received 141 calls, resulting in 27 successful apprehensions so far.
Newman pointed out that this campaign is a proactive measure. We’re preventing a child from being mauled or killed. Today the dog packs are attacking cats; tomorrow it may be our kids. Bailey added that this is already happening; every year in Durham there are hundreds of dog bites reported.
Bailey was asked about what the laws are regarding dogs that have attacked people or animals. We know that many of the dogs running wild and committing these attacks are actually not strays, but pets whose owners deliberately turn them loose. And we’ve heard previously about how an owner can retrieve their dog if it’s apprehended by Animal Control. The question was: what if a particular dog is known to have been involved in an attack; can the owner still get it back? Shockingly, as Bailey went on to explain, the answer is very much yes. Under current NC state laws, a dog that has attacked or killed another animal, or menaced a person, can be declared a “potentially dangerous” dog. This is a legal status that imposes additional restrictions on the dog owner as far as how the dog should be kept securely confined. Animal Control keeps a list of all dogs that have been declared “potentially dangerous”, and officers can periodically check up on those dog owners to see whether the dogs are properly restrained. The next step beyond “potentially dangerous” is to have a dog declared “dangerous”, which merely involves additional restrictions. A dog that kills a person can only be declared “dangerous”. Bailey said that there has never been a dog in Durham officially declared “dangerous”; the only dog eligible to be so designated would have been a St. Bernard mix that killed a child in 1998, but the owner of the dog voluntarily had it destroyed. Under our current laws, even if a dog has attacked and killed a human being, Animal Control does not have the legal right to order the dog destroyed or take it away from its owner.
* * *
PAC2 elections: The offices of treasurer and cochair are due to be filled now, each for a two-year term. Nominations were taken at this meeting, and elections will be held in August. Current treasurer Fred Lamar of Trinity Heights was nominated for a second term. Glennis Jones was nominated as cochair. Jones, who lives in Eno Trace, said of his involvement in PAC2 that “I’ve been here for God knows how long.” Jones would replace Newman Aguiar and join Katherine O’Brien as cochair of PAC2.
* * *
ABC permits: Officer Scott Baker introduced two ABC permits for our consideration. The permits were for two Hispanic business locations belonging to the same owners. Both businesses go by the name of Carnisaria La Superior; the one in the 3500 block of N. Roxboro (the former Myers building) is a grocery store, and the one at 2842 N. Roxboro, about eight blocks away, is a takeout-only restaurant. Both permit applications are for new permits for off-premises beer sales. Baker said that the call history at both locations was minimal. One of the two applicants, Marisela Flores, has a clean record, and the other, Omar Flores, had a DWI in 1995.
There was an ensuing discussion about these applications and about our approach to ABC applications in general. Some residents expressed concern about the saturation of our neighborhoods with alcohol sales. The nearest other off-premises license to these two businesses is a service station just a few blocks away. It was suggested that we should establish some system of geographically tracking the permits we approve and take a stand against too many in one place. Someone else pointed out that it seemed unfair to target a Hispanic business for disapproval when we have approved so many other applications of no greater merit. More than one resident suggested that PAC2 should establish a policy and a set of criteria that would apply fairly and equally to all applications. After some discussion, these two applications were unanimously approved.
* * *
COP update: Officer Baker passed around two photographs of possible designs for the Citizen Observer Patrol car. PAC2 voted in favor of the blue-on-yellow design over the blue-on-red one. Baker reported that we now have a COP car and they are getting it ready to go into action; it will be ready by National Night Out on August 5th.
Newman added that, as a possible solution to the problem of funding uniforms for COP volunteers, Officer Eric Hester has uncovered a trove of new, unused uniforms that had been ordered for the now-defunct parking patrol. They are seeking permission to use these uniforms for the COP program.
If there are enough volunteers, and the COP pilot program is successful, the DPD is considering adding four more cars within the next year.
* * *
Ethics seminar: Lt. Allen reminded anyone planning to participate in the seminar on ethical issues in law enforcement scheduled for July 16-18 that it will begin Wednesday at 8 am, in the public works building on Fay St.
* * *
National Night Out: Plans are going forward for the citywide celebration of National Night Out on August 5th. This celebration is not in any way intended to supplant individual neighborhood festivities, but to be an addition to them. Anyone who wants to participate in the parade downtown should call now. Likewise, if you want to get your block closed off for a neighborhood celebration, you need to put in an application.
* * *
Housing update: We have a new housing inspector in District 2—or more precisely, an old one who has returned. Benny Fields will be handling inspections in the area from the Durham Freeway to I-85, while George Carter, who had been covering the whole district single-handedly, will now cover the area north of I-85.
Housing also reminded us about the upcoming neighborhood college, which will inform citizens about city departments and how they work. The neighborhood college sessions will be on Thursday nights, from 6:30-8 pm, for ten weeks. Applications are now available, and the deadline to submit them is August 8th.
* * *
Impact team update: Mitch Archer updated us on the vital contributions his team has been making to keeping Durham clean and livable. Last month the Impact Team responded to 63 complaints about illegal setouts, plus one internal referral. This resulted in 18 trips to the transfer station with 12.02 tons of trash & debris. They also made 14 trips to clean up six illegal dumping sites, removing 11.42 tons of trash and debris from recycling centers at Oxford Commons, Wal-Mart, Northgate Mall, and other locations. Fifty-four abandoned shopping carts were picked up. Graffiti was removed from locations including 1141 W. Club (VCR King), 1143 W. Club (the tattoo shop), the 600 block of N. Duke, 2301 N. Roxboro, the intersection of W. Club & Lancaster, and the 600 block of Piper St. The summer litter crew collected 323 bags of litter, totaling three tons citywide.
A reminder from Solid Waste: it’s renewal time for yard waste stickers. More information on the renewal process will be coming soon. If you haven’t participated in this program in the past, please do so this year, or your yard waste will not get picked up. Also, please remember to bring your yard waste cart (like your trash cart) BACK from the curb after the pickup day. Archer also cautioned us against leaving unrecyclable items at recycling sites. Recyclable items need to be put into the proper containers, and never just left lying around.
A question was raised about the hardship of the $50 yard waste charge for senior citizens and people living on a fixed income. Archer agreed to relay this concern back to the Solid Waste department. In good news for senior citizens, if you have some bulky item (like a deceased appliance) that you need to throw out, but you can’t get it to the curb yourself and have no one to help you, call Mitch Archer at 560-4974. He’ll have one of his crews come get it for you.
* * *
Zoning: Someone from the Zoning Dept. was present, and did not have time to speak, but left some information for people to pick up. The Zoning representative in charge of our area is Karen Burd.
* * *
Council candidate: Craigie Sanders was present and introduced himself briefly as a candidate for an at-large seat on the city council. Sanders thanked PAC2 members for our efforts to improve the community, and agreed with Rob Faggart’s earlier point about negative perceptions of Durham, saying that we need to communicate within Durham that crime is not acceptable.
* * *
The meeting was adjourned at 8:15 p.m.
