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“Bamboozled”: Prospect Hill and McDoel Gardens Neighborhoods Caught In Legal, Political Dilemma

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Last year an attorney for the city of Bloomington discovered what she said was a problematic piece of city code, a law that she said was itself illegal. The clause was in the city’s rules governing historic districts, and within a few months the City Council corrected the glitch.

There was relatively little debate at the time, but in the months since the correction, it’s become clear the change could have longstanding effects on property rights, particularly in two city neighborhoods.

WFHB looked into the history of the error and how it led residents to spend years organizing, campaigning and voting for ways to protect their neighborhoods, ways that, according to the city, never technically existed. Assistant News Director Joe Crawford brought us that story, including ongoing questions about how the city has dealt with the issue, for a WFHB feature exclusive.

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Maybe the strangest part of the convoluted changes to Bloomington’s Historic Preservation code is that they fundamentally alter decisions made years ago, decisions that have since been used as the basis for many, many more decisions. Last November, when Elizabeth Cox-Ash first began to understand what was in store for her McDoel Gardens Neighborhood she said she felt duped.

I really feel that we’ve been bamboozled,” Cox-Ash said.

Cox Ash has been an active member of the McDoel Gardens neighborhood association for years and she fought hard to get the area designated as a historic conservation district in 2001. The idea was to prevent radical changes to that area just south of downtown by setting limits on what could be built there and what could be torn down.

But by November, when she attended a meeting of the city’s Historic Preservation Commission, she was learning that even though she lobbied and voted for a conservation district, and the city council had approved a conservation district, 13 years later she was not living in a conservation district.

In all the time that I’ve been on the Commission, I’ve never seen anything that has so offended me,” said Commission member Sandi Clothier, speaking at the same meeting in November.

Clothier had just been officially informed of the amendments to city code, which the City Council had already approved. She was frustrated the city administration didn’t consult with the Commission before making the changes, which she said were misguided.

I don’t know how it’s even legal,” she said. “You can go back and say ‘Oh well, we didn’t do this right and we didn’t do that right,’ but there are other ways to fix laws. And I think this is just outrageous.”

To understand the revisions that made Cox-Ash and Clothier so angry, you have to know that until recently, there were two distinct options for residents who wanted to set limits on development in their neighborhoods in hopes of preserving their historic character.

Those residents could try to get the city to designate their areas as a full-blown historic districts. That would mean Clothier’s group, the Historic Preservation Commission, would review almost any changes they and their neighbors wanted to make to the outsides of their homes.

Full historic districts can prevent property owners from destroying or altering historic architecture, from doing about anything that would be out of character with the surrounding houses. But some neighborhoods, although they wanted some rules, didn’t want to go quite that far. And there was an alternative, a lighter form of regulation, what were called conservation districts. In conservation districts, the Commission only has a say when buildings are constructed, demolished or moved.

Cynthia Bretheim helped draft the guidelines for the conservation district in the Prospect Hill neighborhood, which was approved in 2008.

People who lived here could modify their homes as needed,” Bretheim said. “We wanted people to have freedom to do that. But at the same time we didn’t want that to get out of hand so that we’d have a 3,600-square-foot house next to an 800-square-foot house. Then the 800-square-foot house would look really stupid.”

When the city changed the rules last year, it did away with the city’s two conservation districts in Prospect Hill and McDoel Gardens. It turns out, as city attorney Patty Mulvehill discovered, state law is very specific about how cities can form those districts.

If you establish a conservation district, that district automatically expires on its three-year anniversary date unless a majority of the property owners in the district object to the elevation in writing,” Mulvehill said. “While we polled both of those historic districts at the three-year mark, we didn’t hear back from at least 50 percent of the property owners.”

Mulvehill requested an opinion from the state attorney general, who confirmed in August that the city’s law was indeed invalid.

And there’s not much debate about that point: the ordinance the city council passed during a six-hour-long meeting in April of 1995 was wrong. What’s more controversial is what the city administration did with that information.

State law says that once a conservation district expires, things don’t go back to the way they were before. If a majority of property owners don’t vote to keep the conservation district, the area automatically elevates to a full-blown historic district. Suddenly property owners are forced to go before a city commission if they want to add on to their houses or do renovations or, in some cases, make simple changes like paint color.

And so according to Mulvehill, both McDoel Gardens and Prospect Hill neighborhoods are now full-blown historic districts.

“The elevation occurred,” she said. “The city can’t undo that because state law has already required that to happen.”

But, of course, state law doesn’t specifically address circumstances in which residents are led to believe they are lobbying and voting for a conservation district, and the city council approves a conservation district, and no one is apparently any the wiser that they’re all actually voting and lobbying and approving something else entirely. The opinion from the attorney general doesn’t address that either.

Some, including Sarah Ryterband, a member of the Prospect Hill Conservation District Review Committee, have suggested the decision to retroactively elevate the two conservation districts might been due to fear of lawsuits.

The fear in this case, like so much in our society, is imaginary,” Ryterband said.

The city has been sued over conservation districts in the past. In 2001 property owner Robert Shaw tried to prevent the City Council from approving the McDoel Gardens designation, but a court dismissed the suit because Shaw couldn’t prove he’d been damaged by the restrictions, which hadn’t taken effect yet. WFHB reached out to Shaw and his attorney, but neither returned calls for this story.

Mulvehill said city staff did consider the city’s legal liability as it considered its options last year.

It’s always possible for the city to be sued, regardless of the context,” she said.

Residents of both Prospect Hill and McDoel Gardens have been asked before whether they’d like their neighborhoods elevated to full-blown historic districts. They were given that option during referendums in 2004 and 2011.

And they overwhelmingly refused. In 2004, of the 126 property owners in McDoel Gardens who gave their opinions, only five people said they wanted the elevation. That’s just less than 4 percent.

In Prospect Hill’s referendum in 2011, it was closer. About 27 percent of those respondents were in favor, leaving 73 percent opposed.

During both referendums, most voters wanted to simply keep the conservation districts they already had. But, as they found out years later, state law required support from a majority of property owners, not a majority of voters. Because too few property owners voted, the referendums didn’t mean much in the eyes of state law.

But they did mean something to some members of the Historic Preservation Commission, who voiced anger during the meeting in November. Member and Prospect Hill resident Doug Wissing said the owners should be given a second chance to vote.

There had to have been an option, a choice made by somebody that we didn’t go to the neighborhoods, we didn’t want to talk to them,” Wissing said. “This, again, runs so counter to my sense of grassroots democracy, what this institution is about, what this community is about, what this Commission is about.”

Wissing and Clothier made their statements of frustration at a small meeting in the McCloskey Room at City Hall in what they might have assumed would be a relatively private conversation. There were apparently no reporters present and the meeting wasn’t being filmed.

WFHB only obtained the recording last week through a public records request to City Legal. Since that meeting, those two, as well as former Commission member Danielle Bachant Bell, who also spoke out at the meeting, have declined to comment to WFHB.

And after that meeting there was a major shakeup on the Commission. Mayor Mark Kruzan, whose administration’s actions were the subject of much of the criticism, removed Wissing from the Commission in December. The mayor appoints the entire commission, and he also chose not to renew the term of Bachant-Bell. And at the end of the year Clothier left on her own accord, ending a 13-year stint on the Commission.

WFHB asked Kruzan to comment about the exodus, but he referred all questions to City Legal.

One member of the Commission who did speak to WFHB was Duncan Campbell, a longtime preservation scholar and advocate who has been on the Commission for decades. Campbell said the Commission has worked hard over the years to make residents and neighborhoods comfortable with historic protection.

This was a blow to the Commission because it makes it look as if the Commission kind of side-swiped the neighborhoods, or had some evil intent, and tricked them into becoming historic districts,” Campbell said. “That just feeds into the hands of people who are against historic preservation and particularly people have interests in developing those neighborhoods for other uses.”

So far, Mulvehill said she isn’t aware of any lawsuits challenging the new rules in McDoel Gardens and Prospect Hill. Nancy Hiestand, the city staff member who works most closely with the districts, said she will be working with the neighborhoods in the coming months to draft new rules for what are now full historic districts.

Hiestand said she hopes to get as close as possible to what residents wanted when they supported the conservation districts, what she called a “light touch on their regulation”

 

Medicaid Expansion Proposal Blocked

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As many as 400,00 Hoosiers will not be getting new Medicaid health care coverage, despite efforts from State Senator Karen Tallian to expand the program. Her proposal was turned down and blocked on a party line vote last Monday.

“We have proposed a compromise plan. It is a plan that’s been proposed by Republican states and approved by the Democratic administration, and it’s generally known as the Premium Assistance Plan. Very simply, it takes federal dollars and uses them to buy private insurance policies for people who are in the Medicaid eligibility range,” said Tallian.

Tallian began her proposal by mentioning the people of Indiana and their thoughts on Medicaid expansion. Expanding the program to include more Hoosiers, she said, should be one the most pressing issues to be considered by the Indiana General Assembly.

“Medicaid expansion means insurance for 400,000 people,” said Tallian. “Medicaid expansion means 30,000 jobs. And Medicaid expansion means bringing Indiana’s share of the federal tax dollars back to Indiana to be spent for healthcare for Hoosiers.”

Some other states, such as Arkansas and Iowa, have approved programs similar to the one Senator Tallian proposed.

Daily Local News – February 3, 2014

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The national weather service office has released data that places the mean average temperature for January at 23.1 degrees, as recorded at its Bloomington station; As many as four hundred thousand Hoosiers will not be getting new Medicaid health care coverage, despite efforts from State Senator Karen Tallian to expand the program; Purdue University has created an online series to show how some rural communities are striving to improve their quality of life.

FEATURE
“Bamboozled: “Prospect Hill and McDoel Gardens Neighborhoods Caught In Legal, Political Dilemma

Last year an attorney for the city of Bloomington discovered what she called a problematic piece of city code, a law she said was itself illegal. The clause was in the city’s rules governing historic districts, and within a few months the City Council corrected the glitch. There was relatively little debate at the time, but in the months since the correction it’s become clear that the change could have long-term effects on property rights, particularly in two city neighborhoods. WFHB looked into the history of the error and how it led residents to spend years organizing, campaigning, and voting for ways to protect their neighborhoods–ways that, according to the city, never technically existed. Assistant News Director Joe Crawford brings us that story, including ongoing questions about how the city has dealt with the issue, for today’s WFHB feature exclusive.

ACTIVATE
Our weekly segment spotlighting people working for positive change in our community.

CREDITS
Anchors: Ally Tsimekles; Doug Storm
Today’s headlines were written by David Murphy and Ally Tsimekles. Our feature was produced by Joe Crawford.Activate! is produced by Jennifer Whitaker,
Our engineer today is Chris Martin,
Editor is Drew Daudelin, Executive producer is Alycin Bektesh.

Residents Resist the Keystone XL Pipeline

Locals joined demonstrators nationwide to protest the Keystone XL pipeline. Participants held signs and listened as speakers led by Jack Brubaker warned of climate change and other environmental hazards of the tar sands process for extracting oil. The Bloomington Pledge of Resistance group  that is spearheading action in protest of the pipeline has a Facebook group at Bloomington no kxl. You can hear the full report Tuesday, February 4th on the Daily Local News at 5:30pm. 

Bring It On! – February 3, 2014

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William Hosea welcomes guest Richard Coleman, director of the Center for Career and Employer Relations at Vincennes University.

PART ONE
From the pages of Diverse Issues in Higher Education we read that, “There is significant emphasis placed on the retention and success rate in community colleges among African-American and Hispanic males. Many are experiencing great problems in our society and within the social structure.”

Many African-American and Hispanic males experience academic distress in colleges and have frequently been described in research studies as: (a) being from a low social academic background; (b) being a minimal academic achiever; and (c) possessing a general low self-concept.

Major research efforts have identified a number of factors that tend to impact minority males’ decision to drop or even stop-out of colleges. To explore this further, we have invited Richard Coleman, director of the Center for Career and Employer Relations at Vincennes University, to join us to discuss his pending doctoral research into these alarming patterns titled : Resilience in African American Male College Students.

PART TWO
Headline news and local calendar events of interest to the African-American community.

CREDITS
Hosts: William Hosea
Bring It On! is produced by Clarence Boone
Executive Producer Alycin Bektesh
Our News Editor is Michael Nowlin
Our Board Engineer is Chris Martin

Brown County Hour – Episode 23

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The Brown County Hour comes to you from the legendary Hills o’ Brown where the plum purple haze, the one nature herself drapes in the hills and hollers, inspires local characters, artists, and nature lovers.  It’s as though the hills themselves conspired to create a beauty and a culture in the heart of Indiana.  Sit for a spell and hear the music, the tall tales, the true stories, and the current goin’s on brought to you by folks who still know how to sit by a fire in winter and swim buck naked in summer…
In this episode of the Brown County Hour:
Vera Grubbs interviews Artist Michele Pollock of Lost Lake Studio
Charlie Cole continues his commentary on Yellowwood logging
Dave Seastrom – essay on Groundhog Day
Bill Land – Land and Lore of Brown County
Poems by Chris Curtain, Rick Fettig, Gunther Flumm and Tramp Star
Top ten reasons to visit Brown County by Rick Fettig
and our musical guest, fifth-generation Brown County singer/songwriter, Robbie Bowden.

Also please visit our main show page at www.browncountyhour.com

Hola Bloomington – January 31, 2014

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Hostess Prisma Lopez-Marin  and Cristy Padilla interview Jose Toledo about his new documentary titled “Unfreedom” and talk about the immigrant Latinos in a mid-western town. Also the EcoReport, the local news and the events of the week.

Volunteer Connection – January 31, 2014

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A weekly snapshot of how people of all ages can match their time and talents to local needs. Each week Volunteer Connection brings you the “featured five” – five ways to get involved NOW! Volunteer Connection is a co-production of WFHB and the City of Bloomington Volunteer Network, working together to build an empowered, vibrant, and engaged community!

IU Researchers Receive Grant to Prove Advantages of Data Mining for Healthcare

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Artificial intelligence in hospitals working with doctors to prescribe treatment sounds like something straight out of the movies. Researchers at the School of Informatics and Computing at Indiana University are working to make this a reality.

The process, which uses data mining and a method called machine learning, could lead the way to a cheaper, better healthcare system. The research being done now is a collaboration of separate research started in 2010. Assistant Professor at IU Kris Hauser is one of the Principal Investigators.

“This was started a few years ago by one of my students who is now a part of this project and he had access to some good data with Centerstone research,” Hauser says, “We got together in my artificial intelligence class and we designed a system to try to recommend when and how much to treat people with mental health disorders. This new project is an attempt to expand that into new clinical domains. That includes cardiology, E.R. readmissions, and to improve the existing application.”

Hauser received his PhD. In Computer Science at Stanford University and won the CAREER award last year from the National Science Foundation.

The research centers mostly around a mathematical framework that can mine existing data to detect patterns. What this means for healthcare is that computers could access a patients complete medical records and suggest a treatment plan that wouldn’t conflict with any past conditions.

One of the obstacles in getting this framework to be effective is the lack of uniformity in hospitals nationwide with their electronic record keeping. Hauser says that until the historical quirks get worked out, they have to work very closely with their data providers to be able to use the data. Once it becomes easier to access the data, the machine learning framework will be able to access more and more data to make more complex treatment plans.

“You can’t really see a pattern unless you have enough data,” Hauser says, “So that’s what the A.I. is trying to do, look at patterns in the data to try and predict how new patients will behave. The more data you get, the more of a complete picture you get of a new patient. While every person is, to some extent, unique, there are some patterns as well in how your disease is progressing and how you might respond to a treatment. The more people we have like you as a patient, the better our predictions will be.

The other Principal Investigator of the research, Sriraam Natarajan, has worked closely with data in the fields of artificial intelligence and its application to bio-medical problems. He explains how this data mining and learning is something we see in our daily lives and that it could easily be harnessed to use in healthcare.

“I think that many people do not clearly see the impact data can have on their day-to-day lives,” Natarajan says, “Of course they see it when Google uses their data to better provide a service, like giving better search results for a movie to watch or a product to buy. I feel that the impact could be similar in terms of healthcare where data can aid in improving the quality of life and treatments, and hopefully lower the costs.”

The goal of the research is not to replace doctors but rather help them in their decision-making. Hauser says the reason this would be so helpful is because doctors don’t always have the time to look at all the data a computer could. In this instance, time is certainly money and Hauser says this research would not only improve the quality of healthcare but also bring down the cost for the patient.

“Our medical system is filled with billions and billions of dollars of wasted opportunities for treating people in a cost-effective way,” Hauser says, “Doctors over-prescribe medicines, they over-prescribe treatments, and they may not be doing the most effect treatments because they may have missed something about a person’s medical history. The information here is to let the doctor make the most informed choice. Doctors already don’t have a lot of time to spend with a patient and the medical history. This has the opportunity to digest the information for them and present it in a user-friendly way, then we have to see a better outcome.”

The research just received a $686,000 grant from the National Science Foundation. The grant will help the researchers work towards trying out the intelligent computer frameworks on real patients in a real hospital setting.

“This provides the opportunity to save money, even in a single-disease scenario,” Hauser says, “Clinical depression, for example, is a multi-billion dollar industry. If we even save one percent of costs, this is paying back the investment many, many times over.”

Books Unbound – Lady Chatterley’s Lover, Part 12

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Born in 1885, David Herbert Lawrence was an English novelist, poet, playwright, essayist, and painter. His collective works are classified as a reflection of the dehumanizing effects of modernity and industrialization. His marriage in 1914 to Frieda Weekly, a woman who left her husband and three children for Lawrence, provided inspiration and emotional support for his literary career. Lawrence died in 1930, reaching his peak of fame posthumously.

Banned by U.S. Customs (1929). Banned in Ireland (1932), Poland (1932), Australia (1959), Japan (1959), India (1959). Banned in Canada (1960) until 1962. Dissemination of Lawrence’s novel has been stopped in China (1987) because the book “will corrupt the minds of young people and is also against the Chinese tradition.” Lady Chatterley’s Lover was the object of numerous obscenity trials in both the UK and the United States up into the 1960s.

Lady Chatterley’s Lover, first published privately in 1928, was not published openly in Britain until 1960. It tells the story of the love affair between Constance (Lady Chatterley) and her husband Clifford’s gamekeeper, Oliver Mellors, while exploring the nature of relationships between men and women. Besides the evident sexual content of the book, “Chatterley” spurred controversy for its discussion of the British social class system and social conflict. Penguin, the publisher of the unexpurgated text in 1960, was unsuccessfully tried for violation of the 1959 Obscene Publications Act. The prosecutor was ridiculed for asking, “Is this the kind of book you would wish your wife or servants to read?”

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