(Update, 9:03 p.m.: The Indy independently confirmed Lozoff's death through a musician and friend of his in Hawaii.)
Bo Lozoff, who ran Kindness House, an intentional community near Durham for ex-offenders and spiritual seekers, was killed yesterday in a motorcycle crash in Hawai'i, where he lived, according to news reports.
Lozoff, 65, died after his 2003 Suzuki motorcycle was struck by a 1999 Lexus SUV whose driver failed to yield the right of way and pulled in front of him. Neither the driver of the car nor the passenger were seriously hurt. News reports quoted police as saying Lozoff was not wearing a helmet.
In 2008, the Indy published a story critical of Lozoff after several female volunteers and one female parolee at the Kindness House came forward and alleged that Lozoff had sexual encounters with them during one-on-one counseling sessions, in which he initiated kissing, touching, and oral and manual sex as a method of spiritual healing.
A prison minister and author, Lozoff moved to Hawai'i around the time the story was published. He gave tours of lava fields and performed in a country band. He recently released his fourth CD, Bo Goes Country.
In 2004, Lozoff was the subject of an Indy story about his efforts to raise $1.5 million for a bio-diesel initiative in Hillsborough that would employ ex-offenders.
The private water company Aqua North Carolina has asked to buy water from Chatham County that could be used for the 751 South project.
Chatham County Commissioners voted 4-1 to direct staff to draft a contract that would allow Aqua North Carolina to buy 850,000 gallons per day from the county. Sally Kost was the lone no vote at the Nov. 19 meeting—the Monday before Thanksgiving.
Kost told the Indy tonight that she specifically asked an Aqua representative if the the water allocation had anything to do with 751. Kost said the Aqua representative responded, "We've talked with them," adding that the company would take a "regional approach," including Durham, to reselling the water.
Here's another twist: Chatham County buys its water allocation from Durham. So in effect, Aqua would sell Durham water to not only Chatham customers, but it could also sell the water back to Durham customers, possibly to those in the proposed 751 development. The water allocation comes from Jordan Lake.
Durham has not finalized an agreement with Chatham County on water allocations.
Kost also blogged about the meeting on her website.
The controversial 751 South development would include 1,300 homes and as much as 600,000 square feet of retail development on 167 acres in the sensitive Jordan Lake watershed. In February, the City of Durham rejected a request from SDD to provide water to the development.
In June SDD and its lobbyist approached a state lawmaker, Tim Moore of Cleveland County, to sponsor a bill forbidding a city from denying water and sewer service to a project in its designated “urban growth area” outside municipal limits.
751 South lies in such an area in southern Durham County. The bill failed.
In July, Durham County Commissioners agreed to provide sewer to 751 South.
Kost told the Indy that she advised her fellow commissioners that "before we do anything we need to talk to Durham."
The Indy has confirmed with a Durham official that Chatham County contacted Durham's utilities department about the issue today.
It's notable that such a significant request was put on the agenda for a meeting just days before Thanksgiving. In addition, Kost noted, the title of the agenda item was vague: "A discussion and vote on Aqua North Carolina's request to purchase capacity in the county's water facility."
This post originally stated that Cal Cunningham, an attorney for SDD, approached Tim Moore. The story has been corrected.
Check back for updates.
This is the story of Lincoln Apartments as Southern Real Estate Management & Consultants tells it: The majority of the 50-plus households at the low-income housing community don't pay rent, or if they do, it's late. And without rent collections, the real estate company can't pay its bills and must evict all the residents, effective Oct. 31.
But residents of Lincoln Apartments told Durham County Commissioners a much different version of events Monday night. And the residents' comments raise questions about the company's financial practices and overall management of the property.
"We are not here to hand over our community," said Bernadette Toomer. "We're here to fight."
The property manager, Leila James, has accepted rents in cash, but not provided receipts, residents say. James also allegedly wrote—and then rewrote—leases that drastically changed the terms. And at the very least, Southern Real Estate Management & Consultants failed to hold up their end of the deal in providing a safe, clean living environment.
Now residents want Lincoln Apartments to stay open while city and county officials investigate the financial records and other aspects of the management company.
Southern Real Estate Management & Consultants, which oversees the property for the now-defunct Lincoln Hospital Foundation, sent eviction notices to residents on Sept. 28, telling them they had a little more than a month to leave their homes. Some residents have lived at Lincoln Apartments as long as 30 years. At least 50 households, as many as 200 tenants, received notices.
Lincoln Apartments on Durham's East Side serves low-income residents. Rents range from $350 to $500 a month. The apartments are privately owned and are not subsidized, operating solely on rent collections, Howard Williams of Southern Real Estate told the Indy last week.
Although the nonprofit foundation dissolved in 2010, according to Secretary of State records, it still ostensibly operates the apartment complex. And as a nonprofit, it is exempt from paying property taxes.
But even with that financial break, Williams told the Indy and residents the complex has to close because rent collections are insufficient to cover the water and electric bills. Williams alleged that in some months as few as 25 percent of residents pay rent.
However, without a proper accounting of the payments—and confirmation of where the money went—it is difficult to determine the extent and truth of the management company's financial problems.
James could not be reached by the Indy for comment last week. A sign on the property manager's door stated the office was closed due to illness.
Shirekia Shackleford said she was allowed to move in on Sept. 17, only to receive the eviction notice on Sept. 28. "We don't have the money laying round to move every 30 days," she said, adding that she received broken appliances in her apartment. "I'm unemployed and trying to leave within my means."
There are also inconsistencies in leases, residents said. Bernadette Toomer, who has lived at Lincoln Apartment for four months, showed the Indy a copy of her original lease, signed this August. It ran from Aug. 31 to Nov. 30, 2012, and showed that Toomer paid a $450 security deposit.
Yet Toomer said that just weeks ago James asked her to sign a new lease; this one was backdated to be effective from Aug. 1 to 31, 2012. It also indicated Toomer paid no security deposit.
Look for additional coverage in the Oct. 10 edition of the Indy.
The N.C. Board of Elections has ruled that the mailers produced by the Durham Partnership for Progress were not coordinated with any candidates supported by the local SuperPAC.
As the Indy reported last week, several complaints had been filed with the Durham Board of Elections, which forwarded them to the state level, alleging that the Partnership was working in concert with Durham commissioner candidates Michael Page, Brenda Howerton, Joe Bowser and Rickey Padgett.
The Partnership has received more than $54,000 from Southern Durham Development, which is supporting the four candidates because of their stance on the 751 South project. The Partnership is tied to Southern Durham Development through Tyler Morris and Alex Mitchell, who work for both organizations.
The Partnership is an independent expenditure committee, also known as a SuperPAC, because it can raise and spend unlimited amounts of money to advocate for candidates as long as it does not coordinate with them.
Southern Durham Development is the company behind that development; incumbents Page, Howerton and Bowser voted to approve a controversial rezoning of land in the sensitive Jordan Lake watershed that made 751 South possible. Padgett, a captain in the Durham County Sheriff’s department, has also spoken in favor of 751 South.
Woodard says he learned Friday that the stack of forms he says he sent Feb. 22, within the required 10-day period, had not been received by those offices.
"I mailed them. They didn't receive them. It's my responsibility to get them in, and I'm going to take care of that today," Woodard said.
The commission needs a Statement of Economic Interest and the SBOE needs a Statement of Organization, which includes a treasurer's name and bank information.
Woodard, when contacted by the Indy, said he was on his way to Raleigh to meet with officials and make sure they have all of his paperwork.
Sutton's full press release is below:
Southern Durham Development, which is behind the proposed 751 South development, has contributed more than $50,000 to The Durham Partnership for Progress, a Super PAC.
Here is the campaign finance filing, due today: Partnership_for_Progress_30April2012.pdf
As the Indy reported last week, DPP has ties to Southern Durham Development through Tyler Morris. He is a majority shareholder in Southern Durham Development and assistant treasurer of Durham Partnership for Progress.
DPP is behind a mailer supporting Durham County Commission candidates Joe Bowser, Brenda Howerton, Rickey Padgett and Michael Page. Bowser, Howerton and Page all voted to approve the controversial rezoning of 751 South, over the strenuous objections of many citizens and the Durham Planning Commission.
DPP spent $51,500 on the mailer, including $50,000 to Nexus Strategies, a political consulting group in Raleigh, and the Department of Marketing, which advises clients on branding, social media and website design.
Check back in Wednesday's edition of the Independent Weekly for more news about the Super PAC and the commissioners' race.
If you’re a Durham County resident, you may have received campaign mailers supporting the slate of Michael Page, Brenda Howerton, Joe Bowser and Rickey Padgett for county commissioner. Here's the mailer:
That mailer was paid for by the innocuously named Durham Partnership for Progress. But innocuous it is not: DPP is actually an independent expenditure political committee—commonly known as a Super PAC—organized by developer Tyler Morris, a majority shareholder in Southern Durham Development.
And not coincidentally, DPP is bankrolled, so far, by Southern Durham Development, which plans to build the controversial 751 South project in the sensitive Jordan Lake watershed.
Also not coincidentally, Page, Howerton and Bowser—all incumbents—voted to approve a controversial rezoning that allowed 751 South to move forward. Padgett supports the project; he also applied for an appointment to the commission last year to fill the seat held by Becky Heron, who resigned because of illness. (The commissioners instead appointed Pam Karriker, who is not running for election.)
Morris is listed as DPP's assistant treasurer. Rhonda Sisk, the DPP treasurer, lists an address that is Southern Durham Development's company office.
Here is the statement of organization: statement_of_organization.pdf
The first donations to the DPP are from Southern Durham Development: $2,500 in-kind and $100 in direct funds. expenditures.pdf
The $2,500 went to pay for a survey by Public Policy Polling that asked several questions of potential voters, including if they would vote for commissioner candidates who support 751. The survey also asked if the developers should sue the City of Durham.
In February, six Durham City Council members voted unanimously to reject the developer's request that the city provide water and sewer service to the 751 South. Councilman Howard Clement was absent due to illness.
Super PACs such as the Durham Partnership for Progress can receive unlimited funds from unlimited sources and spend unlimited amounts of money, according to Michael Perry, director of the Durham County Board of Elections. The only stipulation is that the Super PAC must not directly or indirectly make contributions to candidate committees or other committees that make contributions to candidates. Super PACs cannot coordinate with candidates, although that distinction is often not apparent.
Durham Partnership for Progress complies with that requirement by stating on the mailer that it is not endorsed by any candidate.
The DPP Super PAC sets a troubling precedent in Durham. It can accept enormous amounts of money from the wealthy development community—including out-of-towners like Morris, who lives in Raleigh—and use it to influence local elections.
First-quarter campaign finance reports are due April 30, the contents of which could further demonstrate the reach and influence of the DPP Super PAC.
Durham County voters have reason to be confused this election season, according to a new metric trotted out Thursday by Democracy NC.
The Voter Confusion Index, which measures the total number of split precincts in each county for the General Assembly and U.S. Congressional seats, lists Durham as the third worst. Wake County is 16th. Orange is 81st. Cumberland and Wayne, respectively, top Durham.
Superior Court Judge Robert Hobgood will announce a decision Friday morning on whether suspended Durham District Attorney should keep her job.
The hearing has been scheduled for 9:30 a.m. in Courtroom 3 on the fifth floor of the Durham County Courthouse.
Hobgood will consider whether the state should remove Cline, 48, from the elected office she has held for three years, or whether her rights to free speech apply in claims she made against Durham Judge Orlando Hudson. Read more about the case here.
Attorneys for suspended Durham District Attorney Tracey Cline renewed a request Wednesday that a judge dismiss a petition calling for Cline’s removal from elected office. When Cline filed court documents last fall criticizing the rulings of a Durham judge, her speech was protected by the First Amendment to the U.S. Constitution, one of Cline’s attorneys argued.
Cline was defending criticism of the District Attorney's office, argued Patrick Mincey, an attorney with Van Camp Meacham & Newman in Pinehurst. "She could have stayed silent. She could have done nothing," he said. "But Tracey Cline, as a last resort, spoke out on what she perceived ... was an abuse of justice." By shedding light on the perceived misconduct of Senior Resident Superior Court Judge Orlando Hudson, Cline's actions have actually strengthened the system, Mincey argued.
Durham attorney Kerry Sutton disagreed that Cline's speech was protected. In January, Sutton filed a petition to have Cline removed. She says Cline's lengthy written accusations, using language she described as "unjust and abusive," damaged public confidence in the court system in Durham.
Cline's writings were not a debate, quarrel or discussion, Sutton said. "This was merely [Cline] blasting out there her version of what she believed happened," and Hudson did not have an opportunity to respond. Cline knows there are strict rules on what lawyers may say about judges, and she knowingly violated them, Sutton argued.
Superior Court Judge Robert Hobgood denied the other efforts Cline’s attorneys made to have the case dismissed, including arguments that the state law allowing a district attorney to be removed is “vague." But Hobgood said he would consider the free speech arguments, and will decide whether the case should be dismissed on those grounds as part of his final decision.
Hobgood could announce a ruling as early as Friday, he said. He’ll decide whether Cline, 48, has brought Durham’s justice system into disrepute because of written requests to have Hudson removed from her cases due to judicial misconduct. Cline used bold, sweeping language in the motions, saying Hudson has presided with the "reprobate mind of a monarch," and that a decision he made to dismiss sexual assault charges in one case was tantamount to raping victims all over again.
Cline has said in her testimony that although she regrets the harsh tone of the hundreds of pages she filed, every statement in the documents is true.