Wednesday, November 19, 2008

In the interest of public trust: the Craig property, et al.

It's simple, really. People invest where they have confidence that their investment will pay off. Creating that confidence, then, is the lifeblood of economic or social success. Trust is necessary.

The same is true whether one is starting or taking a job at a company, purchasing a house or commercial building, or even campaigning or voting for a politician. There are risks involved in any of them, and buying in means assuming those risks. When the playing field is level and the rules clear, caveat emptor and may the best person win.

Lately, numerous new people have invested millions of dollars and ample time in our small city, in all the areas mentioned - housing, commercial buildings, businesses, and politicians. That's a good thing, as it shows they share the type of confidence implicit in making life changing decisions.

Many of us developed that confidence and made those decisions based on the idea that the rules in place to protect us - building codes, historic preservation guidelines, voting rights, etc., would be evenly enforced. We agreed to them, knowing that whatever limits were placed on us would be shared by others, creating a hopeful if difficult consistency. It's the essence of the social contract.

Well, so much for contracts.

Most are aware of the Market Street properties owned by Ron Craig. Defined mostly by the former auto dealership between Fourth and Fifth Streets, the American four square house on the site is recognizable without an address, owing to the junk cars that regularly populate the adjacent lot unabated. It sits in the Downtown Historic District, regulated by the same exterior rules that apply to my house and the properties of many others.

Of what most are probably unaware is the controversy in which the home is in engulfed. Its owner, Ron Craig, is aware of his property's historic status and the related rules. Mr. Craig, however, assumes those rules don't apply to him. Unfortunately, the City is proving him right.

Without so much as even applying for the Certificate of Appropriateness from the Historic Preservation Commission required by everyone doing exterior renovation in designated districts, Mr. Craig wrapped the place in gaudy white vinyl, covering up the homes architectural features and further degrading (to the extent possible, given his general neglect of the property) the streetscape that we all share and depend on to lend itself to our own investments.

When notified of the violation by the HPC, Mr. Craig's first response was to sue. Though not surprising given his general attitude, the suit was both troublesome and timely. Troublesome because of the lack of respect for the law, it was timely because of ongoing conversations between the HPC and the City's attorney, Shane Gibson.

That conversation had focused on the enforcement of several pending historic district cases, cases that involve clear violations of local law but that had not been followed up on through proper legal channels. The HPC was asked to suggest the four most prominent of those cases for further review and, if necessary, enforcement action. It seemed like potentially good news.

The conversation, however, quickly moved from the selection of four cases to the selection of one, as an example. Given the pending lawsuit and the obvious visual prominence of the property on a major thoroughfare, Craig's case was recommended.

With Craig's suit already in motion, it was the attorney Gibson's responsibility then to respond to the court with the City's position prior to deadline. He did not. The HPC reminded him. He still did not.

Eventually, the deadline passed. Having been denied the opportunity to even present arguments as an officially recognized city body, the HPC is currently monitoring the court docket, waiting for notification of the summary judgment that will be forthcoming without further intervention. HPC calls to Gibson pertaining to the case continue to go unreturned.

Given the zeal with which enforcement was promised to my neighborhood and others as a matter of creating the trust necessary for political investment into this administration, it's tempting to point fingers, call names, and otherwise frame recent events into an even more polarized us vs. them situation. For now, I won't do that.

What I will do is ask for an explanation, with the hope that it doesn't become a demand due to another lack of response. The system is clearly failing and will not be fixed in silence. Citizens have invested themselves and their money in the city and its current administration, but the confidence and trust necessary for that to continue is waning as the individuals on the other side of the contract ply their craft in relative isolation with little to no communication. With hundreds of dilapidated properties to contend with, City Hall is the one getting boarded up. That's not acceptable.

As a single broken but unrepaired window leads to more, a lack of windows into the process leads to vision unshared. If we can't see what's happening, we can't help.

We've been asked to trust you. How about trusting us every once in a while?

16 comments:

Jeff Gillenwater said...

Just in:

Craig did apply for a COA after-the-fact. It was denied and then he sued.

I seem to have gotten conflicting (or I misunderstood) reports about whether or not Craig's suit was part of the initial HPC/City Attorney conversations. It was my understanding that the suit happened before any other determination about which one case to pursue was made. Having been told to pick one, Craig's came up.

If someone could shed some light, that would be good. After all, better communication is what we're after. I'll gladly correct any discrepancies, admit to being wrong, etc.

I know that the HPC asked for help with the Craig case and hasn't gotten it, without explanation.

As one respondent mentioned:

"Bottom line is that the City Attorney has completely failed to support the HPC at every turn..."

That's a broken system. What we don't know is what, if anything, is being done to correct it.

We were promised that a pool of attorney's would be created from legal budgets to deal with such issues. Has that been done? If not, why not?

G Coyle said...

If the city is so un-supportive, now and forever, is it time to form a non-profit group of historic homeowners specifically to take legal action against slumlords?

Highwayman said...

No Gina, I would offer that it's time for New Albany's citizens to begin putting the pressure (legal and otherwise) on the this administration and council to do what the law requires them to do.

It is after all what they got elected and are being paid to do!

Oh yeah... and they promised to do it didn't they!

Daniel Short said...

Decent ball player, lazy attorney? Gina, this is the spot to vent. This and other outlets. Write the Tribune and the CJ. Band together with others. March down to city hall. Crash a meeting on Thursday nights. Call the mayor...one person right after another. Eventually, if for nothing else than to make you go away, they will respond. If all else fails, then take it to court. Political pressure now will save time, money and frustration later. Good luck.

Iamhoosier said...

Jeff,
It appears that the "pool" of attorneys is as dead as the Camille Wright Pool.

The Mayor has assured the Council that Mr. Gibson is now going to become a full time City Attorney. Has been brought up in a couple of the last few meetings. I believe the hang up now is, ta da--how to pay him!

Christopher D said...

Though this case is an illustration of how an uncooperative city attorney can provide a win for some one that is clearly in violation of city ordinances, if nothing else, at least the district in question does in fact have the HPC, which is as stated "officially recognized city body" in its favor to go to bat for them in situations such as this, where this is probably an exception to the way the problems turn out.
Most of the community does not have organizations such as HPC to lend a hand and bring together clout, or the ability to serve notice of a "violation".
When the panel was formed to take a look at enhanced code enforcement, I had stated that I was looking at it with optimism, but also stated I had a gut feeling it will come on like a lion, and fade away silently.
My neighborhood area will shortly be going up again against CCE, inc. and the owners of the old hoosier panel lot to fight against another variance, and we will go it alone, and probably lose, again.
We had obtained 2 victories, and lost 4 thus far...

Jeff Gillenwater said...

To be clear, I'm not calling for political pressure.

I'm calling for better communication. I don't think that the current administration just doesn't care.

I think, largely due to budget concerns, they're in several tough spots at once.

There's a reaction to that situation that says play your cards close to the vest until most of it is worked out or risk often unsubstantiated criticism for any early ideas that may or not be a part of any final plans or actions. That response is undeniably warranted at times.

What I'm asking for in this case is a better view of the process, even if there's some risk involved.

While I don't doubt that there are kooks out there ready to jump on every (even erroneously)perceived notion of wrongdoing, there are some of us who are legitimately concerned and willing to work as role players.

We can't do that, though, if we don't what the objectives are and how the game is being played.

There's legitimate struggle to accomplish things in extremely difficult circumstances and then there are other things nowhere near as admirable.

Currently, we can't tell which is which. That needs to change.

All4Word said...

To be clear, I'm not calling for political pressure.

I'm calling for better communication. I don't think that the current administration just doesn't care.


Really? I do think the current administration does not care. They have been completely unresponsive to my own HPC concerns and complaints, to the point that they won't even address them.

In fact, I believe this administration is, by neglect, actively encouraging violations of the guidelines. The word is out: the city ain't going to do a thing, so do as you please.

That goes for slumlords, rogue builders and contractors, and zoning violators, too.

Jeff Gillenwater said...

The word is out: the city ain't going to do a thing, so do as you please.

That's hardly a new development to be pinned solely on this administration. They'll help fix it or they won't.

If I recall, NAC and many regulars here spent the first year of the Garner administration bashing it, only to then turn and spend the next couple of years defending it when they discovered where the real problems were.

Like this one lately, the Garner administration communicated horribly for four solid years - even when they were right on any given topic.

The entire communication game has changed. There's a learning curve. I'm allowing some time.

No free rides, just a little patience.

The New Albanian said...

The word is out: the city ain't going to do a thing, so do as you please.

Also when it comes to adult entertainment start-ups. More on that tomorrow or Friday.

All4Word said...

bluegill, I'll grant the truth of what you say about the last administration. But what resulted from 3-4 months of holding the Garner administration accountable resulted in, at least, a workable communications regime.

I didn't court the England administration. The England administration has shown me no reciprocal courtship. Accordingly, I'm under no obligation to grant them a honeymoon.

The mayor made promises he's not keeping and it looks like he has no intention of doing so. We're 11 1/2 months into the second coming of Doug England. Such "results" as have occurred aren't impressive. While I'm prepared to join with the "some of us who are legitimately concerned and willing to work as role players...," I see the administration seeking to coopt interest groups, not cooperate with them.

It seems that the administration is willing to work with "watchdogs" only so long as they are caged and neutered.

Jeff Gillenwater said...

I disagree that the Garner administration ever had a workable communications regime. It was, perhaps, their greatest weakness. As I mentioned, they struggled to explain themselves even when they were right. And, on the issue of enforcement at question here, they made little if any progress.

Mayor England made lots of promises. Some he has kept, some he has not so far.

I see the administration seeking to coopt interest groups, not cooperate with them.

It seems that the administration is willing to work with "watchdogs" only so long as they are caged and neutered.


Evidence? Specific situations?

All4Word said...

bluegill, you're kidding, right? Or just being provocative?

Jeff Gillenwater said...

Nope, not kidding.

I'm actually interested in seeing what led you to that conclusion.

Here's a more provocative question:
What interest groups exist that are legitimately worth co-opting? Who has enough clout to make it worth a politician's while?

Iamhoosier said...

Communication Problems?

Comparing the Garner administration to the current England administration is not entirely, uh, fair. England was Mayor before and should have a much better idea of how to communicate effectively.

Situations do change and I am willing to give a bit more time for them to figure it out but not very much.

Jeff Gillenwater said...

That's a fair point, IAH. I think the communication was better a few months ago but I also think a lot of people have gotten the feeling that the administration has backed off several issues more recently.

The timing coincides pretty closely with budget news from the state, an area in which the administration has been pretty obviously working. The council, too, has been busy with the same.

When we get through those budget concerns (best case scenario is that the County Council will pass the LOIT tax and the City Council will get our EDIT funds out of the sewers), I'll be looking for other issues to be picked back up.

If they are, that will be good. If they aren't and no entirely rational, non-politicized explanation is forthcoming, the conversation from my end will be different.

In the interim, I think Gina's idea of a non-profit to deal with preservation related issues, good and bad, is a smart idea. I know others have been interested in that as well.

As I've mentioned before and will again, it doesn't make much sense to write off the government as unwilling and/or unable and then wait for them to do everything.