CITIZENS AND LAW ENFORCEMENT WORKING TOGETHER DURHAM, NC DISTRICT 2


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PAC2 meeting minutes - December 8, 2003

Community concerns
COP update
Announcements
Holiday security
ABC permit
Animal control update
More announcements

Community concerns: Tonight's scheduled guest speaker from the EPA had to cancel, so that will be rescheduled for another time. After the usual introductions, Katherine opened the floor to community concerns.

An Old North Durham resident referred to a recent burglary on Mangum St., where the perpetrator had just walked off with the loot in a gym bag. He asked whether we can be suspicious of people carrying bags, and what we can do to combat crimes of this sort. Capt. Sarvis explained to us that the police are legally required to have a "reasonable suspicion" in order to stop someone. To make an arrest, they must meet the higher standard of "probable cause". The burden of proof is even greater for the DA in prosecuting a case. Carrying a gym bag or a backpack is not enough in itself to constitute "reasonable suspicion" of a crime, but it may add up with other factors, such as the person having been seen going into someone else's yard. There has to be justification at each level to build up a case. Sarvis advised calling 911 if you see someone going around back yards in your neighborhood. You can always call about a suspicious person, and it's always legal for a police officer to stop and converse with someone. The officer can ask them who they are, and can request them to show ID but cannot insist on it.

Newman recounted an incident in which a block captain called several neighbors about a person behaving suspiciously on their street, so that they were all able to keep the individual under observation and then call 911. Capt. Sarvis reiterated that we shouldn't hesitate to call if something doesn't seem right. He said that officers don't mind going to check out a report of suspicious activity, and their presence might prevent a possible crime. Officer Hester further advised us to look for visible burglary tools-for instance, if the person is carrying a screwdriver in his pocket-and also watch to see if they might be with another person. Definitely be suspicious of anyone looking into windows of houses. When you call 911, tell the operator about any of these factors, and also if there have been recent break-ins in the neighborhood.

Sarvis added that we should be suspicious of anyone pushing a roll-out trash cart along the street. Normally a trash cart just goes back and forth between the house and the curb; there's no legitimate reason for someone to be rolling one along the sidewalk, and they could be using it to transport stolen goods. Mitch Archer added that we should also be watchful for people on the street with grocery carts, which can be used for the same purpose. Another tip was to keep an eye on alleys, both as a hangout for suspicious people and as a possible location for stuff discarded after a burglary. Katherine also reminded us not to leave the key to a deadbolt in the lock on the inside, where a burglar can break a pane of glass to reach it and open the door. A COP volunteer reported seeing a lot of yards where people have let shrubbery grow up around their fences. If you can't see out of your yard, then your neighbors can't see into the yard to notice a possible burglar's activities. Another COP volunteer reported that houses on alleys are often not numbered on the alley side, and suggested that marking the house number clearly on that side as well would make the residence easier to identify in the event some problem needed to be reported.

A Walltown resident commended the patrolling of the alleyways, but complained that some alleys are not well maintained by the city. Also, the streets in their neighborhood are rarely swept unless they call to request it. They've been told before that the street sweepers work their way across the city from east to west, and asked whether they could sometimes go west to east.

Someone else reported an illegal dumpsite in the 1800 block of Rosetta Drive. There's a gully there into which people have been throwing trash and debris, including larger things like old mattresses. They've been calling the city about it since October, but keep getting the runaround from one department to the next. They were unsure whether the dumping is on private property or in the right-of-way, but said that it's down in the gully and can't be seen from the street. It's between a business, Durham Roofing, and an apartment complex, which is likely the source of the debris. Mitch Archer and Lynwood Best assured us that they would both check on the problem.

A COP volunteer asked whether something could be done about abandoned appliances in Walltown. He has noticed many of them while patrolling, especially on Lancaster, and refrigerators in particular are a danger to neighborhood kids. Mitch Archer said that possibly Housing could deal with the problem. Frequently people buy used appliances, discover that they don't work, and just toss them. If it's on private property, then Housing has jurisdiction. The Impact Team tries to remove illegally dumped appliances, but they have become a 'victim of their own success', in that people increasingly take this for granted. There is no charge for bringing 'white goods' (air conditioners, refrigerators, etc.) to the landfill, if you can get it there yourself. Alternatively, you can call to have them picked up, but there is a charge for that, so people often don't. The Impact Team will have a second crew starting in 2004, which should improve their response time; they will be doing block-by-block canvassing. The COP volunteer said that some of the stuff he's seen has been there for months. Archer said that the Impact Team documents everything they do, to have a record in case there's any problem. For instance, if they took something off private property, the resident might call and complain that they wanted it back. Newman asked what the Housing Dept.'s process is for handling these matters. Lynwood Best explained that they start by sending a letter to the property owner, giving them 15 days from receipt of the letter to remove the item. Newman asked, if COP volunteers generated a list of locations where there were abandoned appliances, whether we would be able to check on it later and find out the status. Best said that they could coordinate and arrange that. Archer pointed out that we have to allow for due process, although he said that he could act at once in the event of an emergency or a dangerous situation, like a dumped fridge with its door still on. George Carter added that usually the stuff is put out by the tenant in rental housing; sometimes a housing representative can solve the problem by having a talk with the tenant about it. In practice, though, the formal process takes more than 15 days. Katherine added that some neighborhoods have taken a do-it-yourself approach; they use the city GIS site to identify a property owner, and call them first as a courtesy, offering them a chance to clean up the problem themselves before the neighbors are forced to report them to the city. Archer said that on the western end of Green St., there's a lot of rental property owned by absentee landlords in Chapel Hill who have been extremely recalcitrant; he's had to almost threaten them to get prompt action. Another resident suggested that since the PACs now have a secretary, perhaps she coud be used to write letters from PAC2 to these property owners. Carter told us that they normally send two letters for trash & debris, the first by certified mail and the second by regular mail. If they don't get the reply card back on the first, but the second doesn't come back as a wrong address, then the person is considered to have been served with notice.

COP update: Officer Eric Hester reported on the Citizen Observer Patrol (COP) program, which has been in operation since September. He thanked Officer Scott Baker, whose assistance has been instrumental. They are now working on a field training officer (FTO) program. Hester recognized all the COP volunteers in attendance and presented them with COP pins. He also announced the COP volunteer officers. The COP captain, Newman Aguiar, puts together monthly reports summarizing COP activities. In one month, for instance, COP volunteers performed 141 house checks. To have the COP patrol check on your house while you're away, call Eric Hester at 560-4582, extension 235. The COP lieutenant, Randy Fletcher, is the operations director of Durham Fleet Maintenance; he is in charge of the care and maintenance of the COP patrol car. The car made an appearance in a parade last Saturday and looked great. The first COP sergeant, David Bowden, is the leader in volunteer hours served; he is responsible for the calendar and volunteer scheduling. In a surprise move, Hester also named a second COP sergeant, David Harris, whose duties have not yet been defined. Harris and fellow volunteer Mina Hampton rode on the very first COP patrol. His dedication, ideas, and leadership make Harris an asset to the program.

There are now 36 certified volunteers in the COP program. The commemorative pins for the volunteers were donated by a Chapel Hill merchant. The program has an official budget of zero. Volunteers have put over 1000 miles per month on the COP car. Since COP has no budget, the donations it has received from local merchants have been truly essential. Mr. Danny Sykes, of Sykes Sign Company at Northgate Mall, did the COP car, as well as the new Neighborhood Watch signs. Mr. Bobby Pendergrass, of B & J Custom Printers, printed the program manual for COP volunteers. Brian, general manager at Costco, donated a variety of miscellaneous goods. Randy at Chapel Hill Saturn did the pins and other training materials. Allen Tyndall at Domino's provided refreshments for the CERT training. The Greater Exchange Club paid for striping the car. The White Star Laundry dry cleaned all the COP uniforms.

The next CERT training session will be this Saturday from 9-2, at the Diamondview conference room. Volunteers should let Eric Hester know if they can participate in the Bahama parade. COP has already appeared at a city council work session; the agenda for the council meeting was too full, so it got moved to a work session. Hester thanked PAC2 for supporting the COP program. Katherine thanked the COP volunteers who did the parade on Saturday, which involved a long wait at the start and parading in the cold. COP volunteer Mike Shiflett bought candy for the parade and then discovered that they weren't allowed to throw it; he has the candy available to pass on to any COP volunteers who are doing the Bahama parade, where it will be allowed.

Newman pointed out that the COP is dependent on support from the police department and other city agencies; the city's risk management department covered the insurance for COP. And the DPD furnishes the car and its maintenance. These costs need approval from the city council. They want to take the COP program citywide (it exists now only as a pilot program in District 2), but that may not be possible due to the costs involved. It would help for citizens to write to council members in support of the COP; it also needs the support of PAC2.

Katherine suggested that we should bring it up at our Coffee with Council, currently scheduled for the February 9th PAC2 meeting. She also urged neighborhood leaders to go back and talk to the folks in their neighborhood, and prepare their funding priorities to present to the council. Glennis added that the other PACs are very interested in the COP program.

Announcements: Risa Foster of Trinity Heights informed us of a meeting on the Duke-Durham joint policing scheme, attended by the chiefs of both forces, as well as Major Council and District 2 commander Capt. Sarvis. A major concern in Trinity Park and Trinity Heights is to see that the Duke police maintain the standards of the Durham police, especially with respect to 'zero tolerance' for illegal and disruptive parties. Capt. Sarvis said that the final joint policing agreement is currently being finalized with the city attorneys. David Harris added that both departments have been interested in such an arrangement, and that the community deserved credit for showing interest and spurring it to finally happen. Katherine explained that the joint policing arrangement had required special legislation. Foster said that the official beginning of the joint policing, according to the legislation, would be the first of the year; she was not sure when the actual start would be.

Katherine asked whether anyone had tried the Herald-Sun's new "Fix Durham" column. Two people said they had sent in messages, though one had not received any response. She advised them to call Mark Schultz of the Herald-Sun. Someone asked whether this was anything other than publicity to pressure the city to action. Mitch Archer referred to 'before and after' information on potholes that he had seen in the paper, and opined that something is happening, at least to a slight extent. Richard Mullinax pointed out that Schultz is also using this as a tool to see if the system is really 'broken'. He will be writing proactive articles. Schultz has reported little response so far; people aren't calling.

Katherine announced the national Neighborhood Watch awards; nomination forms are available on the PAC2 website.

Rich Lee of the Durham Affordable Housing Coalition requested help with their annual homeless count, which will be conducted December 15-16. They are seeking input on where homeless people hang out, such as under the bridge downtown. Please call 683-1185 with any information or suggestions. Lee needs any input by Wednesday, Dec. 10th. He pointed out that some homeless people sleep by day because it's too cold to sleep at night.

A flyer announcing the PAC2 Coffee with Council will be posted on the PAC2 website. Everyone is encouraged to print it off and circulate it via bulletin boards, neighborhood newsletters, etc.

Katherine wants to get PAC2's emergency beacons to the COP volunteers so that they can distribute them where needed.

Holiday security: Eric Hester will be posting information and suggestions to the listserve. Also, call him to arrange house checks. Right now the COP is focusing in a particular area, at the mayor's request, so that their impact can be assessed. Some security suggestions for when you are away include informing your neighbors, stopping your newspaper and mail delivery, and using timers to activate lights and an AM radio station (not TV) to provide the sound of talk. Someone suggested having a backup plan for the newspaper, like a neighbor who will pick up your papers in case the Herald-Sun does not stop bringing them when you ask them to. Someone else asked if this happens regularly, and suggested that people tell PAC2 so that we could follow up with the Herald-Sun. You can also request a "vacation pack"; they hold your papers and deliver them all in a bunch when you return, so that you can still read the issues you missed. Alternatively, you can donate them to schools.

ABC permit: The only ABC permit application considered today was for Tienda Marinos, a Hispanic restaurant located at Roxboro and Old Oxford, near the Braggtown post office. The application is a renewal, for on-premises beer only. Officer Scott Baker reported a clean background check, and minimal call history; the applicant is remedying an expired driver's license. PAC2 voted to approve the application, with one vote against.

Animal control update: Cindy Bailey said that if there are habitual problems, Animal Control will dispatch an officer or put out traps; COP volunteers can help report problems, since they patrol in the evenings when Animal Control is off duty. As usual, Bailey said, people get concerned about animals and homeless people when the weather starts to turn cold. She gave an example of a Rottweiler whose owner had died; the dog was left in a crate in the yard for two weeks. Neighbors didn't notice until a tarp that had covered the crate blew off and revealed the caged dog. Bailey said that a cruelty prosecution is a possibility in this case.

In cases of possible abandoned animals, Animal Control will feed and water the animals while they investigate; the process can take 2 or 3 days. Bailey urged people not to wait until now to report animals without shelter. She said that a dog is required to have a doghouse to shelter in; on the other hand, if the dog won't go into the doghouse, there's not much that can be done for it. A new ordinance coming in February will require bedding to be provided. Chaining a dog up on the front porch is not considered housing. Bailey explained that a house is defined as having a roof, floor, three sides, ventilation, and enough cover on the front (fourth side) to protect the animal from the elements. Cars, barrels, and wire crates are no good.

Newman asked about a property in Walltown that's involved in drug dealing, where they have more than three pit bulls chained up; can Animal Control do anything? Bailey said that the presence of more than 2 pit bulls is suspicious, and that people should call Animal Control (not 911), and leave a message, or call extension 227 to speak with Cindy Bailey. She said that this is a problem especially in Districts 2 & 4, and that it's even worse in District 4 than here. There was a police raid, supported by Animal Control, at 1507 Knox, but the dogs were in the house. The house itself was a health hazard, strewn with human and animal excrement. Mitch Archer said that this was an issue for the Health Department, and that they had closed down a similar situation in District 1. Lynwood Best volunteered to call the Health Dept. about the Knox property.

Bailey asked us to contact her about problems, and said that even if they didn't catch someone in the act, they'd watch them in future. She said she had confiscated 11 pit bulls from a man arrested on Gray St., who owed a $75 license fee for each of them. The increased license fee helps, making it harder for them to get the dogs back.

Someone asked about the law on shelter for cats. Bailey responded that cats are also required to have shelter, but that it's difficult to enforce, since cats are not leashed and tend to seek out shelter for themselves.

Someone else asked whether there is a maximum number of dogs one person can have. Bailey said that there is no legal limit; as long as all the dogs are licensed, have their rabies shots, and are not a nuisance, a person can have as many dogs as they please.

Katherine raised the issue of barking dogs; Bailey suggested calling 911. Barking dog complaints, she said, are the bane of both Animal Control and the police, because there's only one Animal Control officer on duty at night when dogs bark the most. Police can cite the owner if the police officer witnesses the excessive barking. City code defines excessive barking as barking at least once per minute for at least ten minutes. The dog must not be provoked into barking. Animal Control receives many barking dog tapes to review every month. Since Animal Control often can't respond to barking dog calls, it's up to the complainant to do some of the legwork. They must have a written or video journal. Bailey said that many barking dog complaints are just tactical moves in a larger pattern of hostilities between neighbors. Animal Control tries to sort out the ones where the dog really is the problem. Nuisance citations are $25, but will be going up to $50. She said that one problem is that barking complaints can't be made anonymously. Animal Control does check for other causes-for instance, whether the dog is barking because it's injured or sick.

More announcements: District 2 commander Ed Sarvis, usually a regular at PAC2 meetings, informed us that he will miss the January, February, and April meetings. Capt. Sarvis is going to graduate school part-time at NC State, and has a spring semester class that meets Monday nights. He assured us that he will be following the PAC2 listserve, and encouraged anyone who needs to talk with him to call or visit the substation. Lt. Allen will also be at all the PAC2 meetings.

COP Captain Newman Aguiar reminded us that COP services include house checks, for up to 2 weeks while residents are away. They also perform 'infirm checks,' for elderly people living alone. If you would like to schedule a house check, call Officer Hester; do not post your request to the listserve, as that's like making a public announcement that your house will be empty. COP volunteers are also giving out warnings for trash carts left at the curb, and calling in graffiti. Eric Hester does free home security assessments, and is available to help organize Neighborhood Watch groups.

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