PAC2 Meeting Minutes: May 12, 2003
Clerk of Superior Court
COP/Neighborhood Watch update
Upcoming safety expo
Housing update
ABC permits
Housing task force
PAC elections
Community concerns
Clerk of Superior Court: Tonight’s first speaker was Archie Smith, the Clerk of Superior Court. Smith was elected last September and took office in December of 2002. A resident of Duke Park, Smith says of his roots, “My ancestors are interred in Durham city soil, and I’m a product of Durham.” Smith has been a victim of crime himself, having experienced more than one B&E. He says of his office that the best clerk of court is the one you don’t hear from, because they’re doing things right.
The clerk’s office is located in the courthouse, along with the public defenders’ office, the probation office, the sheriff’s office, family court, and more. There are one hundred counties in North Carolina, and each county has two elected offices: the sheriff, and the clerk of superior court. Everyone is familiar with the sheriff, but many people have no idea what the clerk does, or why and how he does it. The office dates to before the Civil War, when there were circuit riding judges. Someone was needed to deal with civil matters that didn’t require a justice, such as deaths, foreclosures, etc. So the office of the Clerk of Court was created and imbued with all the powers of a supreme court justice. The clerk’s office is the place to go to pay a traffic ticket, file for divorce, file papers in a landlord-tenant dispute, find out the outcome of a civil suit, and more. The clerks, and their assistant and deputy clerks, are the worker bees of the court system. One key role of the clerk of court is record keeping. The clerk’s office is the place to check someone’s criminal record, pay fines, settle judgments, etc.
Smith has practiced law here in Durham County for over 26 years, and his current post has a judicial as well as an administrative side. The clerk of court also serves as a judge. He can declare someone legally incompetent; this can be done either by the clerk or by a jury trial. But the clerk alone—not a supreme court judge, not a magistrate, not the governor—has the power to create a family, by signing an adoption decree. The clerk also steps into a vacancy on the board of county commissioners.
The clerk’s office here in Durham County has 59 employees; in addition to Smith, there are nine assistants, and the rest are deputies. The Durham County courthouse was built in 1978 at a cost of $8.8 million. Last year the clerk’s office took in fees, fines, costs, and reimbursements to the tune of over $12 million. More than $2.2 million of that went to the city and county. The courthouse paid for itself in four years, with a 17.5% return on investment. The starting salary for employees of the clerk of court is $22,560 per year, and they don’t get overtime pay or free parking. Durham County gives the clerk’s office $19,000 a year, from which they pay for everything they need, right down to styrofoam cups for the judges.
Smith pointed out that we’re all concerned about crime; virtually everyone either has been directly affected or is connected to someone who has. This being America, the accused has certain constitutional rights. Judicial fairness is also essential, as is the attempt to protect the public. How does the clerk fit into this scheme? In the absence of a judge, the clerk goes to the jail to sit and establish bails.
For the purchase of real property, the bank first checks the buyer’s credit and the value of the property. Then the buyer signs a promissory note (e.g., an IOU), and a deed of trust, which is like an IOU also guaranteeing that if he doesn’t pay, the bank may take the property.
When judges set bonds for release, there are two possible kinds: secured and unsecured. An unsecured bond is just a promise from the defendant that he’ll show up, and will pay if he fails to do so. For a secured bond, the money must actually be there. The defendant (or his family) must either put up the money or hire a bondsman, who’ll collect 15% of the amount of the bond. But this hasn’t always been the case in Durham County. For many years, the taxpayers of North Carolina have essentially been making loans to criminals and their families with no security. In order to put up property to secure a bond, someone just had to get a tax form showing that they owned the property and what its value was. The county didn’t verify their ownership, the amount of equity they had in the property, the absence of any liens against it, or the accuracy of the tax valuation. In essence, the taxpayers are making interest-free loans. Forfeited bonds in Durham County go to the public schools.
Now, when someone puts up property for a secured bond, the clerk requires a title search, the valuation to be certified by the tax office or an appraiser, a promissory note, and a deed of trust. Smith said the policy change had resulted in several complaints from criminal lawyers, one of whom acknowledged, “We had it good for a while, didn’t we?” For a $10,000 bond, for instance, one must come up with $1500 to pay the bondsman. If defendants or their families have to pay the bondsman, they have less money left to pay their defense lawyer. If the defendant doesn’t show up in court after 150 days have gone by, he forfeits his bond.
Following this explanation, Smith opened the floor to questions. Someone asked him to clarify how it constituted a loan if, for instance, someone was charged with a crime and given a $10,000 bond, and had to put up $1500. Smith responded that we had been giving defendants credit by accepting their promise without security; otherwise, they would have to pay the bondsman or furnish the $10,000. Under the new system, once a deed of trust is recorded, it’s on public record, and blocks any other liens against the property.
No lawsuit is needed for a foreclosure. It requires only four elements: (1) that there was a debt; (2) that the debt was not paid; (3) that there was an acceleration clause; and (4) that the debtor was given notice. A defendant has 150 days after their failure to appear in court before their bond is forfeited. At that point, the property is sold to meet the bond, and if the sale brings more than the amount of the bond, the owner gets the change.
Bondsmen are the unsung heroes of the judicial system. They work 24/7 and provide an important service. If a defendant jumps bond, they go looking for him; this is a relief to law enforcement and a service to the community.
Next Smith was asked his views on the possibility of replacing the courthouse. He replied that when it came to public property and public money, he generally thought we needed to maintain what we already had. However, he believes we do need a new courthouse. This one was built as an office building, and it hasn’t been properly maintained. Starting in January, Smith will be working with Ellen Reckhow and Lane O’Neill to get the building fixed up, so that if the courthouse moves out, another agency can move in.
Someone asked whether, instead of liquidating real property, we could put a lien against it so the person could pay it off. Smith said that the person could pay up and redeem the note.
He was next asked about the authority of bounty hunters. Capt. Clark responded to this and said that bounty hunters don’t need a warrant to enter your house.
The next question was how Durham County and the City of Durham were going to rebuild a new parking lot at a cost of $19 million. Smith didn’t know. He pointed out that the library has been under a hiring freeze for three years now. His office is short 4 out of 59 positions, and is also under a freeze.
Someone commented that the elevators in the courthouse were the worst thing that ever happened to it, and that whoever built them should be held to account. Smith agreed, recalling that in his first few weeks in office, first there was a fire in the elevators, then the ice storm.
Archie Smith, Clerk of Court, can be reached at 564-7024.
COP/Neighborhood Watch update: Officer Eric Hester gave us an update on the progress of the COP program. The manual is expected to be finished this week, and then will be put before the executive staff of the police department.
Officer Hester reported that he had just gone to a three-day crime prevention conference in Wilmington. From what he heard there, other areas don’t have as advanced a Neighborhood Watch program as the one we are developing. Neighborhood Watch means different things to different people; Hester is trying to get everyone on the same page. Some people starting Neighborhood Watch programs don’t know how to get it going or what to do next. Hester was affronted by the governor sending the National Guard house-to-house during the ice storm; he argued that we shouldn’t need the National Guard when we have block captains who know their neighbors and can easily check on them. Hester emphasized that Saturday’s workshop for block captains is not on homeland security per se, and is not about scare tactics. The Red Cross will address disaster preparedness. Also on the agenda will be Kathy Friedl, Trinity Park’s Neighborhood Watch chieftain, who will talk about what her neighborhood is doing. Hester said he has sent out 279 letters to District 2 block captains, but only received one response to date; others who plan to attend should RSVP so he will know how many to expect.
Upcoming safety expo: The event this Saturday, May 17, will combine the workshop for District 2 block captains with a safety expo that is open to the general public. The expo is sponsored by Durham Businesses Against Crime (DBAC). There will be an assortment of displays on safety and security-related topics. Media will be present, including channel 5 and the Mix 101.5 mobile unit. Two forensic technicians from the new forensic unit will be there doing a kids’ identification program for parents. Security equipment displayed will include locks and alarm systems; one system will be raffled off. Other raffle items will include a 55w generator and five $100 gift cards for gasoline from Wilco Hess. EMS will be there. There will be concessions, and entertainment provided by the Durham School of the Arts jazz band and choral group. The event will be at the Diamondview building at the new ballpark; the block captains’ workshop will be held in the Diamondview conference room, and the expo will be outdoors in the Diamondview parking lot, from 10 am till 2 pm. Parking is available on Mangum St. and on the street behind the Elkins Chrysler Plymouth dealership. Hester asked everyone to spread the word in their neighborhoods and encourage people to participate.
Housing update: Lynwood Best of Housing urged us to keep contacting them with our complaints about housing, abandoned vehicles, and weedy lots. Housing is short-staffed, but they’re working to address these problems. Best also mentioned some upcoming events oriented toward senior citizens.
On Tuesday, May 20, Seniors and Law Enforcement Working Together will sponsor a Uniform on Patrol event, to be held from 2-5 pm at the civic center. Staff from various city departments (e.g., a meter reader) will be present in uniform, so that people can see the proper uniforms and identification to expect from city employees who might call at their homes.
On Wednesday, May 28, there will be a Senior on the Go celebration at Henderson Tower, featuring line dancing.
On Monday, June 9, there will be a discussion forum on ‘Summer Senior Security’ held in the family life & recreation center at Lion Park, from 2-4 pm. The agenda will include a speaker from the sheriff’s department as well as a speaker from Durham Hospital who will talk about the ‘vial of life’ program where vital medical information is stored in the fridge.
Katherine asked about the abandoned car operation and was told that it is ongoing. They’ve picked up lots of cars so far, in one case eighteen from a single yard. Green stickers on cars are from Housing; the orange ones are from the police department. Either way, they must be on the car for seven days, then the car can be picked up.
A resident commended Best for getting trash picked up, but he said the credit should go to Mitch Archer of the Impact Team. As of April, the Impact Team has been moved from Public Works into the department of Solid Waste.
Another Housing representative spoke about cleaning up vacant lots. He said they needed to either pressure owners to clean up their lots, or do it and put a lien on the property to pay for it, because they don’t have the budget to pay for the work. Demolishing condemned houses is also problematic because there’s not enough money in the budget for it.
In the Denver Ave. area, the problem house on Allgood has now been boarded up. There are also problems with abandoned vehicles on Denver & Allgood. When they get tagged, people move them from the street to their yards. Best said that when a vehicle is tagged, the inspector takes a picture of it to provide proof of the tagging. That way they can still go after it, because even if the vehicle is moved, it’s still in violation if it has flat tires or is being used for storage.
On the 200 block of Ellerbee, people have been taking the warning stickers off their abandoned cars and putting For Sale signs on them. Housing representatives opined that people eventually run out of tricks. They have the capability to tap DMV information; sometimes they encounter people changing the license plates on an abandoned vehicle, but they can still tow it.
ABC permits: Officer Scott Baker presented five ABC permits this month for our consideration. The first was for Bowling’s Exxon, a convenience store at 4530 N. Roxboro (corner of Duke & Roxboro). The application is for an off-premises beer permit. It’s a reapplication by the family of the original owner, who recently died of a heart attack. PAC2 voted unanimously to approve.
Next was the North Durham Mobil, a new convenience store being built at Guess & Umstead (across from the BP station). The permit application is for off-premises beer & wine. The background check revealed that the applicant had a DWI in 1992, and a few speeding tickets, but nothing since 1996. PAC2 voted unanimously to approve.
The Kroger’s on Hillsborough Rd. is applying for a permit for on-premises wine tasting. The application, which is in the name of Pete Williams, their regional manager, is clean and in order. Their wine consultant was present and explained their plans. Kroger is switching from a regular grocery store wine department to a wine shop, which will have a greater selection. There will be wine tastings on Saturdays (like those at Wellspring), likely every week. As part of their efforts to raise the tone of their wine department, the Kroger consultant said that when she started there a month ago she had discontinued the sale of fortified wines. PAC2 voted unanimously to approve their application.
Owner Nettahoy Iftikhar was present to support the permit application for his Handy Foods convenience store, at 518 E. Trinity (corner of Foster). The application, for off-premises beer & wine, is actually in the name of his wife, Samra Iftikhar. Baker said he had just received this application this morning and had not yet done the preliminary research on it. It’s a reapplication from a year and a half ago; the Iftikhars are in the process of leasing the property long-term. Their application has the endorsement of Old North Durham. OND has been working with Iftikhar; they checked out his other stores, and approved his original plan to buy this store. Capital improvements are planned (for the parking lot, etc.), and OND is hopeful about the potential for improvement. PAC2 voted unanimously to approve.
The last application was from J & M’s Country Store, at 3112 N. Roxboro. Baker said the papers showed an application for on- and off-premises beer and wine, but he suspected the on-premises part might be a clerical error. The applicant, Julie Sexton, has no criminal record. Baker said he was unsure of the nature of the establishment because he hadn’t done the preliminary inquiry yet. PAC2 voted to defer consideration of this application until next month’s meeting.
Baker explained to us the procedure he follows with every application for an ABC permit. He obtains a copy of the applicant’s criminal history, if any, and conducts a background check. He does a community canvass of residents in the neighborhood, and also checks with police special operations in the area to see if they have any information about the person or property that would be relevant. Then he presents the application for PAC consideration. Baker said that if any negative information came to light later on an application we had already approved, he’d let us know about it.
Housing task force: The PAC2 Housing Task Force reported on proposed changes to the draft brochure they showed us at the last meeting. They had added the Housing and Community Development phone number, and invited other suggestions.
PAC elections: Elections this year are for co-chair and treasurer. Newman will be moving on to concentrate his civic efforts on Project Safe Neighborhoods. We need someone for the co-chair position who has the vision and skills to help PAC2 build relationships. Fred Lamar has consented to run for another term as treasurer. Someone asked whether online access was a requirement; it isn’t necessarily. Free access is also available at the public libraries. Anyone interested in the co-chair job should contact co-chair Katherine O’Brien; she can be reached at 843-1872 (work) or 682-9421 (home).
We are also recruiting people who are willing to represent PAC2 at various meetings of other bodies, such as the Housing Coalition, Crime Cabinet, and Project Safe Neighborhoods (this one will be Newman). These representatives would attend meetings, come back and report on them to PAC2, letting us know what’s going on and how we can use it.
Community concerns: A Watts-Hillandale resident raised some concerns about conditions in the parks. In Indian Trail Park, maintenance is needed on unsafe playground equipment. Parents have been repairing it with duct tape. Residents have tried to report it and said they’ve been getting the runaround between Parks & Rec and Properties and Facilities Management. Also, at Oval Park, there are heaps of dirt and gravel posing a safety hazard. The city had contracted out a sewer repair job there, and the contractor left a mess when the job was over. Lynwood Best of Housing offered to take the information on both these matters and look into them.
Public Works is now using an electronic work order system. You can call in to 560-4105 with a problem, and get a work order number that you can use to track their progress in resolving the situation.
Someone asked why Park & Rec was not in charge of maintenance in the parks; the answer is that Park & Rec handles programming in the parks system, while Facilities is responsible for the maintenance of its infrastructure. Katherine added that she would try to invite representatives from these departments to speak at a future meeting.
A representative of the North Durham Branch Library made an announcement and distributed flyers on an upcoming safety program Officer Eric Hester will be doing at the library. The program, entitled “Safe, Secure & Sure” will be held on Thursday, June 26 at 2:30 pm. There’s room for at least 50 people to attend, and they are particularly seeking to reach seniors.
Someone from the Interneighborhood Council (INC) reminded us that four months ago, Melvin Whitley of the Durham Voter Coalition presented their wish list, supported by the INC. They are seeking two houses from each district to make up their list of the Ten Most Wanted property owners. If you know properties whose owners deserve to be on this list, please give their names to Lynwood Best.
A Walltown resident mentioned the drive-by shooting there a few weeks ago, and commended Capt. Clark and the police department for patrolling the area afterward and helping to restore the community’s sense of safety.
She also brought up a current issue in Walltown, with a rental property at 1004 Onslow whose tenants have caused various problems. The tenant engages in verbal abuse and harassment of elderly neighbors. There’s a lot of coming and going there at all hours, and the residence has no doorbell, so guests have to knock loudly and it disturbs the neighbors. There’s also an abandoned vehicle in the back, and teenagers hang out in this vehicle, smoking and drinking. In addition to the abandoned vehicle, every night there are six to eight more cars on the property, and there are ongoing noise problems. Capt. Clark said that the difficulty was in getting a police officer there at the precise time when violations were occurring; even if the neighbors know the behavior is habitual, unless an officer can actually see it happen, they can’t act on it. The property is owned by notorious slumlord Lee Ray Bergman, who neighbors said has ignored their requests for over a year. When they call Bergman at home, he pretends to be cooperative, and tells them to call his office about it, but when they do, the office staff are dismissive and refuse to deal with them because they aren’t the tenants of the property. A Trinity Park resident advised that they “make your problem his problem” by calling the owner every time they are annoyed by problems on his property. She said this approach had worked for her to clear up an illegal dumping situation on her street. Katherine and Capt. Clark both volunteered that they would call Bergman about this.
PAC2 will meet next on the second Monday in June, June 9th, at 6 pm.