Replies

Town-gown deal near on theater [Mayor Bell's Quid Pro Quo at a sweet $2 million]

By Ray Gronberg : The Herald-Sun
Oct 17, 2006 : 11:11 pm ET

DURHAM -- Durham and Duke University officials have reached a deal that will provide the last piece of financing needed for the city's proposed performing arts center, if the two sides can agree next year on a plan to reconfigure Anderson Street.

If the City Council goes along with the proposal on Thursday, Duke would immediately turn over $500,000 the city could in turn use to help pay for the 2,800-seat, $44 million theater.

Another $1.5 million would follow by November 2007 if city regulators approve Duke's plan for Anderson Street, and issue "any other necessary approvals required by the city for Duke to undertake the improvements," according to the terms of the deal, which was released Tuesday.

Duke in turn promises to pay for the changes to Anderson Street, and to take on the financial responsibility for all future maintenance of the stretch between Erwin Road and Duke University Road, including repaving, lighting repairs and mowing.

The deal, hammered out in negotiations with Duke President Richard Brodhead, Executive Vice President Tallman Trask and Senior Vice President for Public and Governmental Relations John Burness, is a potential "win-win for both the city and Duke," said Mayor Bill Bell.

"This is part of a long range plan that Duke has in terms of trying to develop Anderson Street," Bell said, explaining the university's interest in the swap. "It'd probably give them a certain level of comfort if they could get the plan agreed to by both sides so they could go ahead and do what they need to do."

In turn, with the school's money in the pipeline, the City Council could go ahead and green-light the theater project which, as of early this month, was $2 million short of being fully funded.

The school's pledge would give administrators the ammunition they need to convince the N.C. Local Government Commission to approve the borrowing the city will use to finance the project, Bell said.

The backup plan for the theater, were the Duke deal to fall through, would be to ask the County Commissioners to step in to cover the gap, Bell said. And if that doesn't work, the City Council would have to decide whether or not to look elsewhere for the money needed to go ahead.

But "I'm comfortable we can reach an agreement with Duke so we can get it resolved at that level," the mayor said.

The deal specifies that Duke's $2 million is a "donation" to the city, not an advance payment for the city to do the work on Anderson Street. It also says that Duke's plan for changing the street can include a widening or reduction of the travel way, new landscaping and paving, and the installation of new medians, bridges, gateways, lighting, crosswalks, bike paths and other features. The end result is supposed to "reflect the character of the Duke University campus."

The university's interest in reconfiguring stems from its plan to redevelop the 128-acre Central Campus area, and the deal will reach the council before it rules on a rezoning that would facilitate that effort. The Durham Planning Commission has urged elected officials to turn down the request because the university so far hasn't offered enough safeguards against the possibility of new on-campus retail development competing with businesses in the city.

Bell and other city officials say they've tried to avoid any quid pro quo implying that Duke's money is a quid pro quo for the rezoning -- the sort of deal that could run afoul of the courts' strictures against "contract zoning" that trades legislation for favors.

Bell said administrators on both sides will have the flexibility they need to conduct a proper review of Duke's renovation plan for Anderson Street. He said that as far as he's concerned, the rezoning "is a separate issue."

"Duke understands we have certain guidelines we need to follow," Bell said. "We're going to be guided by that. At the same time, it gives us a lot of flexibility. There may be compromises on both side as we go through this process."

Councilman Thomas Stith, however, said Tuesday that city officials need to scrutinize the proposed deal carefully to make sure it doesn't obligate the city to rezone Central Campus.

"Clearly, given the timing, my concern would be that there is not any quid pro quo," Stith said. "I wouldn't want to commit the city to any open-ended deal that would prevent us from protecting the interests of our citizens and businesses in Durham."

Officials also released a memo Tuesday saying they're reached an agreement with Capitol Broadcasting Co., owner of WRAL and the Durham Bulls, that would give the company naming rights to the plaza outside the new theater.

Capitol would pay the city $300,000 a year for 13 to 20 years and in return get the right to have the plaza named for itself or any of its affiliates. It would also get the right to install video displays in the plaza and receive assurances that no other media or professional baseball company be allowed to purchase naming rights elsewhere in the performing arts center.

http://www.heraldsun.com/durham/4-779573.html

* Gotta hand it to Mayor Bell. He really knows how to shake' em down.

Deputy's crimes more serious?

By BriAnne Dopart : The Herald-Sun
Oct 18, 2006 : 10:45 pm ET

DURHAM -- The former sheriff's deputy fired for his alleged involvement in a wide array of illegal activities at a local Durham nightclub may have been involved in more serious crimes than the ones for which he already stands accused, Durham County Sheriff's officials said Wednesday.

Sheriff's investigators are looking for information that may connect former deputy Mike Owens to both human trafficking and murder for hire, according to Capt. Paul Martin of the Sheriff's Office.

Owens and six Hispanic males were arrested Saturday in a raid of the 2825 North Roxboro Road nightclub La Zona. During the raid, approximately 5 ounces of cocaine were seized by investigators.

Two other deputies, William "Keith" Dodson and Brad King, both of whom worked as off-duty officers at the club, were fired Monday for allegedly violating the Sheriff's Office's "secondary employment" policy.

No criminal charges have yet been lodged against Dodson and King, who may have been unaware of what was allegedly occurring inside the club, Martin said Wednesday.

Search warrants released Tuesday for the 2825 North Roxboro establishment owned by the former deputy alleged that vehicles and individuals seen frequenting the club are known to be involved in a wide array of criminal activities in Durham including "drug trafficking, armed robberies, murder (for hire), prostitution and human trafficking."

Asked Wednesday to elaborate on the warrant's mention of "murder for hire," Martin said investigators do not yet have any solid evidence Owens' played "a direct role" in any murders for hire. They do have, however, recorded conversations in which Owens discussed murder schemes, Martin said.

Investigators who listened to hours of conversation transmitted by an audio-recording device inside La Zona nightclub heard Owens discussing activity involving "hit" men, Martin said.

"He's not the suspect of an actual murder ... he's just been involved in conversations about it," Martin alleged. Martin added that investigators are looking into what role, if any, Owens played in crimes he allegedly discussed on the recordings.

Sheriff Worth Hill said that murder was the first thing that came to mind when he'd learned of Owens' alleged involvement in the illegal activities at La Zona, "but we don't have any evidence," he added.

Martin said investigators are also looking for any connections between what they alleged was prostitution going on at La Zona and a prostitution ring the Durham Police Department announced it was investigating in August. During that investigation, police named houses at 116 Junction Road, 217 North Hoover Road and 1949 Cheek Road as alleged houses of prostitution.

Martin said investigators have yet to verify any connection between the La Zona case and that particular network of brothels.

Still "furious" about his deputies' alleged involvement -- either directly or on the periphery -- in the purportedly seedy on-goings of La Zona nightclub, Hill said he is seriously considering prohibiting all of his deputies from doing "off-duty work" work at bars and nightclubs.

According to the sheriff's current policy (last updated in 2000), deputies can work at establishments that serve alcohol, but they cannot enter the establishment except to use the bathroom. The rule can be bent only if the deputy knows of criminal activity going on inside the establishment -- such as a fight breaking out at the bar -- Hill said.

The Durham County Sheriff's Office has more requests for off-duty deputies than it can handle, Hill said, so he's not concerned about cutting into any deputy's much-needed second job. Hill said he doesn't know exactly how many deputies are employed at nightclubs and bars, but said he is sure "there's a whole lot of 'em."

The policy change would be the only change made to Sheriff's Office procedure because of the La Zona scandal, said Hill.

Hill said he is confident no other Sheriff's Office personnel will be implicated in the La Zona probe and that he sees no need for any further investigation into his agency.

Hill said he would meet with his remaining deputies at 7:30 a.m. today to discuss the effect negative press swirling around the agency has had on deputies' morale.

http://www.heraldsun.com/durham/4-779882.html

* This town can't even finish one scandal before it starts another one.