29 March 2012

Newspaper Article on Parks and Stormwater Project

The local newspaper featured on its front page on March 29th, an article on the CSO! project and its influence on the parks of eastern Omaha.

Reporter Nancy Gaarder was the author of "Sewer project targets Omaha parks" which included a picture of work at Elmwood Park.

A personal quote was included:

"In each of these instances, they're looking at parks as city property that they can do whatever they want with," Ducey said. "They're not looking at it like a park, but rather as free space to address storm water runoff. I can't necessarily say that what they are doing is completely negative, but there needs to be more respect given to the parks and some of the features they're changing."

Quite telling was this quote: "'We're not doing anything that hasn't been done throughout time,' Mayor Jim Suttle said."

This is a ridiculous comment. Just because something was done one way at some point in time, that does not mean it should be done now in the same manner. This is 2012, not 1912 and since there are not going to be any new parks in eastern Omaha, the parks need to be actively managed to conserve their resources.

This comment shows an obvious indication of why the park spaces are being targeted by city officials.

26 March 2012

Parkland Erosion Caused by Stormwater Project

On March 9th, while visiting in Elmwood Park, a severe condition of erosion was noticed near the bridge over Wood Creek. The slope southward of the "mosquito box" had erosion of several inches of soil in some places. Pictures were taken and sent to the City of Omaha Public Works Department that is responsible for the CSO! Project.

A meeting was held on site to discussion the situation on the 19th. The city representatives and the construction company foreman agreed that there was a problem. It was the result of water runoff from the street extending up the hill to the east.

Without any curb, the runoff was leaving the pavement and eroding the hill.

On the 19th, waddles were put in place to divert the runoff and to direct it westward.

Common sense would have meant that the project plans would have included a curb and a stormwater drain. They weren't included — due to inadequate consideration and lack of design attention to the matter — so now this problem occurred and will continue, especially during any heavy rain events. Diverting the runoff westward, as has been done, will only cause move the problem to another place, and cause erosion there.

There needs to be a curb installed and something put in place to properly handle any runoff.

Note the sediment that has accumulated at the stormwater construct (i.e., "mosquito box, because of permanent accumulation of standing water). Sediment barriers have been put in place to prevent any material from reaching Wood Creek. Any continuance of sediment runoff will increase the amount present. Any large rainfall event with any large amount of associated runoff would likely overwhelm the barriers.

The green shoots of vegetation now sprouting are a cover crop to stabilize the hillside until the permanent vegetation of warm season grasses get established. The species used included deep-rooted big bluestem and Indian grass.

22 March 2012

Final Fontenelle Park Plan Misrepresents Public Input

The final design plan presented for Fontenelle Park misrepresents the expressive input provided by people advocating for change at three public meetings.

A primary feature included that was strongly suggested by one person, and that was at a non-public meeting hosted by the Parks Department, was a disc-golf course. This is being included because of decisions not representing public comment. Providing this precludes other items which had a much greater public interest.

The lagoon is being increased in depth and size, as was a stricture given at the start of the public meeting process. Nothing was said about removing the island, which is not shown in the lagoon.

Improving fishing is an intent, which will be accomplished in accordance with requirements to getting funds from the Nebraska Game and Parks Commission. The concept plan indicates the placement of seven fishing points, because — as heard before, again and again — people do not like fishing from the bank. There will probably also be riprap placed along the bank, which is another common feature of so-called habitat improvement.

What sort of quality fishing experience can be provided by a relatively small lagoon in an urban setting where street runoff will be the primary source of water? It will likely be a place where a few unlucky fish will get dumped in early in the season, and it will be a great media event to snag a fish which if not caught very soon, would otherwise end up dead. Maybe they will put in a trash fish such as carp, but spin it as being a fine fishing experience.

The fishing points will ensure that any resident or transient waterfowl will be subject to regular and consistent bother. Good-bye Wood Ducks and Canada geese...

The constucts will also provide a spot where trash can be thrown into the lagoon waters. There should be no more than four fishing points.

There has been nothing said about the quality of the water within the lagoon. But there is a defined focus on water-based canoeing or kayaking. Consider what the water would taste like if an inadvertent capsizing occurred soon after a rainfall event, where the stuff on the streets is all washed into the park ponds to the south, with the dirty water into the lagoon. Ewww!!

To ensure complete disturbance, a walking path is shown that will follow the entire lagoon boundary, making sure that one walker with intent will disturb any and all fowl on the waters.

Removal of the island will remove the last safe haven for birds which here-to-fore have appreciated the place.

Riprap or "bank improvement" will remove the small bit of cattails where Red-winged Blackbirds find a seasonal haven.

The entire design for the lagoon does not give any recognition to the current bird resources associated with the park space. Instead, the lake is being industrialized to suit a politicians "pet" project, where the City of Omaha or other government entities will pay to provide useful pastimes for a private group.

The abhorrent situation regarding the Logan Fontenelle memorial has been previously discussed.

There are no details available on what the "naturalistic plantings" would be, as shown for east of Fontenelle Boulevard. This is within the area where commentators at the public meeting wanted plantings of showy wild flowers, and where there was supposed to already be an urban prairie-scape created. These items though specifically requested were mostly ignored by the concept plan.

There was no request for a parking lot at the southwest corner, though it is better to place it here, rather than where proposed on an eastern hilltop, as shown in a draft concept plan.

There was no request for an access drive northwest of the lagoon. The plan shows a partial access drive, with an intent to create a drive that will cut off the corner of the park. A 20-car parking lot along the west edge of the park would suffice.

Creating a road through a park is ridiculous. It creates an obvious safety hazard, as cruisers will have to drive through and make their mark. There will be an increase in noise and trash. It will also add an unnecessary maintenance burden.

Elmwood Park had such a drive removed and it vastly improved the setting of this urban green-space.

The trail system with neighborhood connections is basically ridiculous. There are so many curves in the path, that a walker or bicycle rider could get dizzy and fall over. It seems that the design represents someone playing on a computer with a particular intent to provide the longest route to get the shortest distance. Each linear foot of pathway costs money, so the overall expense is greatly increased.

Having riden a bicycle to and through the park, the only actual trail connection is eastward, and it is an uncared for path almost too rough to ride comfortably. There is nothing going south but a street or uneven sidewalk.

There are no real elevational challenges that would require the numerous switchbacks as especially indicated in the northwest corner of the park. There is nothing wrong with the current walkway in this area.

There does not have to be an established trail bisecting the proposed stream way. Requiring two bridges increases the plan expense and maintenance requirements. One cross-bridge would suffice. Anywhere there is some sort of oasis, there is a trailway.

How are these routes going to be kept clear of snow in the Omaha winter. Perhaps the city will just say that it is not possible to keep them clear, as they have expressed in association with Memorial Park.

Most of the items that people wanted to see are not shown by the concept plan released March 14th.

Those that are included are a lowland area with bioretention ponds and an open stream. Rather than incorporate woody vegetation such as willows or cottonwoods, the indicated intent is to have a prairie setting.

The concept plan indicates there would be a restored prairie. It would be impossible to "restore" a prairie as it could not be reestablished from golf course turf. It is readily possible to create a new prairie-like setting.

An interest in more trees is shown by an expansion of "forest areas along the park perimeter." There may be more trees planted, but there certainly will not be any sort of a forest, which is a large area of tree growth, not a bunch of trees in a single row as shown.

This plan was given to the public at a "closed" presentation at the park. On Monday, when an official of the Omaha mayor's office was asked about whether there would be a public presentation, the reply was that there would most likely be just a news release. There was no followup to this request, which included an inquiry a week earlier.

The politicians and bureaucrats obviously did not want any diversion to their controlled message. They were intentionally exclusive.

Mayor Jim Suttle was there to convey how he was working to improve the city. Omaha city council member was there to express how he was working for the people in his district. Interim parks director Brook Bench said how the plan represents the comments derived from the public meetings, according to a terse press release.

An official of the Omaha Parks and Recreation Department said why only a few people were told of the event at the park: there might be heckling such as occurred a time or two at the public meetings at the Fontenelle Park pavilion. It would not be proper if the mayor was disturbed while presenting his comments.

Completely missing was the public, especially anyone that took the time to attend the public meetings. The only people about, as shown on the television segment, was some passer-by that could be caught on video to present a perspective for the press too intent on immediacy, and indifferent to get the real details.

The City of Omaha paid Big Muddy Workshop, Inc. a total of $19,330 for their work associated with the meetings and to develop concept plans for Fontenelle Park, according to a Parks and Recreation spokesman.

The initial park changes currently underway will cost $175,000.

20 March 2012

Mid-March Birds of Select East Omaha Parks

Warm temperatures have brought the arrival of new birds to local places, so a select few local parks were visited to determine their situation and get details derived from an accurate survey.

Five parklands were visited during March 16-19. Not even a fume of gasoline was burned in the effort, as a bicycle was the primary mode of transportation, or else some shoe leather was worn away while walking a way among midtown, sometimes in a slight rain.

Park places given a birdly scrutiny were shown in ascending order, and grouped according to districts as one particular area may include several distinctive places, in order to improve the tally:

  • Fontenelle Park, which also provided an opportunity to observe the first steps of the parks transition, including tree removal
  • Levi Carter Park, which includes Carter Lake and Kiwanis Park
  • Adams Park, with its forlorn pond
  • Elmwood Park and all of its distinct localities, with one species added while talking about an erosion situation with an official of Omaha Public Works and the contractor; and
  • Memorial Park, which also has different places which some birds appreciate; and becuase of riding in a light rain, the song of the Harris's Sparrow was oart of the orchestra of birds experienced at the start of the first week of true spring.

There were 44 distinctive species indicated by the data details for these few days afield in an urban setting when the weather was mostly suitable to being under the changing skies of the eastern plains. This is the tally with particulars ...

Common Name

Fontenelle Park District

Carter Lake District

Adams Park District

Memorial Park District

Elmwood District

Canada Goose

41

37

- -

- -

4

Wood Duck

29

40

- -

2

13

Gadwall

- -

18

- -

- -

- -

American Wigeon

- -

1

- -

- -

- -

Mallard

8

88

2

- -

5

Blue-winged Teal

- -

19

- -

- -

- -

Northern Shoveler

1

14

- -

- -

- -

Green-winged Teal

- -

19

- -

- -

- -

Redhead

- -

19

- -

- -

- -

Ring-necked Duck

- -

44

- -

- -

- -

Bufflehead

- -

14

- -

- -

- -

Pied-billed Grebe

1

6

- -

- -

- -

Turkey Vulture

- -

- -

- -

- -

27

Cooper's Hawk

1

- -

1

- -

1

Red-tailed Hawk

- -

- -

- -

1

- -

American Kestrel

- -

1

- -

- -

- -

American Coot

- -

625

- -

- -

- -

Killdeer

1

6

- -

- -

- -

Herring Gull

- -

1

- -

- -

- -

Rock Pigeon

4

4

- -

- -

- -

Mourning Dove

1

9

- -

- -

2

Red-bellied Woodpecker

- -

1

- -

- -

2

Downy Woodpecker

1

2

1

1

4

Northern Flicker

1

1

1

1

1

Eastern Phoebe

- -

- -

- -

- -

3

Blue Jay

- -

- -

- -

- -

2

American Crow

1

- -

- -

1

- -

Black-capped Chickadee

- -

2

2

2

10

White-breasted Nuthatch

1

1

1

1

2

Brown Creeper

1

- -

- -

1

- -

American Robin

20

108

24

76

71

European Starling

2

100

26

1

18

Cedar Waxwing

2

- -

- -

- -

- -

Fox Sparrow

- -

2

- -

- -

12

Song Sparrow

- -

2

- -

- -

- -

Harris's Sparrow

- -

2

- -

2

- -

Dark-eyed Junco

9

13

- -

4

20

Northern Cardinal

3

4

- -

4

9

Red-winged Blackbird

6

14

6

- -

- -

Common Grackle

11

123

2

12

37

Brown-headed Cowbird

1

- -

- -

1

- -

House Finch

1

- -

- -

3

3

American Goldfinch

- -

- -

2

- -

- -

House Sparrow

- -

- -

- -

- -

2

At each place, there were the following number of species, based upon multitudional observations and pencil notations on one sheet of paper:

  • Fontenelle Park: 23 species; new additions to the park bird list were a Northern Shoveler with transitional plumage, a Pied-billed Grebe, a flyby Cooper's Hawk, Cedar Waxwing and a Brown-headed Cowbird; the additions indicate the value of lingering in a green space.
  • Carter Lake district: 32 species, with nothing unique associated with the Iowa side of this oxbow lake, as riprap transforms it into an industrial lake
  • Adams Park: 11 species; a pair of Mallards at the Gabrielle Union Pond provided a new species for this place, which always has few species present
  • Elmwood Park: 21 species
  • Memorial Park: 16 species, with 26 species represented among these two adjacent parkland parcels

The overall variety of waterfowl has transitioned at Carter Lake. A fine variety does still continue, with diminutive teal are the newest arrivals. The grand bunch of Canvasback have gone elsewhere, with their former occurrence fondly remembered, though indicated only by numbers for dates of the calendar.

Especially notable were the number of Fox Sparrow at Elmwood Park. The numbers surpass a tally from the renowned Fontenelle Forest, during the same weekend. This is one of the largest counts for this species among the chronicles of Nebraska ornithology. The various reports indicates they are somewhat pervasive in suitable environs of the Missouri River valley.

Turkey Vultures have returned to their place within Omaha City, and on Monday before any sun light had broached the eastern horizon, the buzzards were floating on the winds, moving southward. They did not roost on the UNO communications tower, which has been their usual routine. They started the week, early in the season's visit, as if they just wanted to get going to elsewhere. This is a significant count for so early in their season about the city.

If there is any personal interest in seeing a robin, step outside. The relative "hoard" of this songbird, as well as grackles and starlings meant giving a lot of attention to bird presence which might have been ignored in deference to others of lesser occurrence.

Flickers are being especially vocal in the neighborhood.

There is a wonderful bunch of birds about, now at the spring equinox, and on the three previous days. The sweat and toil of riding a bicycle on too-warm days of pre-spring were worth the results of discovery.

It can only be a grand time to watch the boisterous Canada Goose males defending their place. Watching the behavior of the exquisitely colored Fox Sparrow reps was a sublime experience, best viewed from a suitable distance.

It is a nice time now to get out beneath the sky, among the bits of green land, and look about at the grandeur expressed by an endless variety of wild birds about their business.

A Grand Example of Omaha Bureaucracy

Because of a personal interest in how many dollars were spent to devise a tepid and inconsiderate plan for the future of Fontenelle Park, one phone call was made to determine the cost of the endeavor.

It was the first step in an ongoing saga as there was no accurate response. Instead the lack of an answer from one city employee or official, meant that another phone call was required, then one more phone call, and then another, and again, many times repeated during several days.

These are the particulars as noted during an effort of unsuccessful communication, with a final reply days after the effort was started:

On March 15th, two calls were made to the office of Mayor Jim Suttle.

Then, the interim director of the Parks and Recreation Department was reached via phone, but he did not know, as he was newly appointed, according to his explanation.

Nothing was mentioned to answer the primary question.

The Finance department of the City was then called, but they said to call the City of Omaha Purchasing department.

City of Omaha Purchasing did not know -- there were too many details to consider and without particulars the specifics could not be determined -- and said that someone in the Parks and Recreation Department should be contacted. The name they suggested was not in the office.

There were two more calls made, one to a rep of the mayor who was out of town, and to the contractor, who was out on a long lunch.

The tally of calls at this point is eight!

Continuing this effort before the weekend, the next respondent tried to pass my inquiry to someone else, a common response to people that are ignorant of the item of interest.

At least they were aware of the situation, saying that: "nothing is so consistent as bureaucracy" and then suggesting that the clerk of the City Council should be called.

This clerk was not in the office on Friday, so the person answering the phone said to call the Finance department or the Parks Department.

Finance was called. There was no answer. The name of a suggested person in the Parks department was then called, and they were out of the office.

The tally of calls at this point is twelve, at least.

Finally at early the end of the week someone in the Finance Department took some responsibility and found a suitable name and said they would call back. They did respond and said the person could be called on Monday.

By now the phone call tally was at 14...

The phone call roulette started later on Monday afternoon. The first attempt was to get the number of the unknown John Williams, in the Parks department. The city directory operator could not provide his number as no number was listed.

An alternate call to an official of the mayors office meant contact with an answering machine.

Call number 17 was once again to the Finance department, were they once again tried to be helpful. This particular effort resulted in a multi-line effort with a parks planned in the Parks and Recreation Department and where the number of the person that apparently in the know was provided.

Though this person had already been asked to call-back, nothing of the sort had yet happened.

With the number known, a direct phone call was made. The call went directly to a message machine.

Finally, late on the afternoon of Monday, March 19th, the proper person was contacted in the Park Department. The specific dollar amount was given. The respondent, when told of the many previous calls made to determine this value, said something in the sense of that it would have only taken one call if you called the right person.

No kidding! Basically, at least twenty calls were required to reach the one person that knew the particular detail of interest.

What a grand example of City of Omaha bureaucracy.

19 March 2012

Disband Carter Lake Advisory Group

Due to personal concerns regarding the Carter Lake Advisory group and its regular meetings in secret, an email was sent to the Nebraska Attorney General office to get a legal perspective.

A response was recently received from the Director of Constituent Services, which said:

"Nebraska’s Open Meetings Act applies to governing bodies of all political subdivisions of the State, including state agencies, boards and commissions. However, they do not govern the meetings of non-profit organizations.

This reply might indicate that the CLAG does not have to adhere to the OMA, but this reply actually indicates just the opposite.

It is a false premise that because the CLAG is non-profit the Act does not apply. The Act applies to a myriad of other non-profit groups...

  • Niobrara Council: this non-profit advisory group has meeting notices in the area newspapers and also sends out emails with the same details; minutes are published on the council webpage and summaries are given in the area newspapers.
  • Nebraska Environmental Trust: a non-profit group which allows anyone to attend the regular meetings announcing decisions on the grants being provided funds.
  • Nebraska natural resource districts: monthly meetings are open to the public, with a notice of the meeting place, date and time given in the local newspapers.
  • City of Omaha: this is a non-profit entity and the city council has their meetings on television!

It is not a valid argument to say that the Act does not apply to one group, when numerous other with a similar status ensure they follow the provisions of the Act.

Other than an intermittent public meeting, the separate group on meeting are not announced to the public, so they are held in secret. Also there is no information given anywhere, including the project website, of the meeting minutes.

"Under § 84-1409(2), meetings, for purposes of the open meetings statutes, are defined as "all regular, special, or called meetings, formal or informal, of any public body for the purposes of briefing, discussion of public business, formation of tentative policy, or the taking of any action of the public body." — Nebraska Attorney General

This certainly applies to the actions of the CLAG. It also appears that there are legal options possible that would make any group actions void (i.e., the selection of a contractor):

"1. Any motion, resolution, rule, ordinance, or formal action of a public body made or taken in violation of the public meetings statutes shall be declared void by the district court if the suit is commenced within 120 days of the meeting of the public body at which the alleged violation occurred. Any such motion or other action taken in substantial violation of the public meeting statutes shall be voidable by the district court if the suit is commenced after more than 120 days but within one year of the meeting of the public body in which the alleged violation occurred. A suit to void any final action shall be commenced within one year of the action." — Nebraska Attorney General

There is also the option of legal actions against the members...

"Section 84-1414(4) provides that any member of a public body who knowingly violates or conspires to violate the Open Meetings Act, or who attends or remains at a meeting knowing that the public body is in violation of any provision of that Act, shall be guilty of a Class IV misdemeanor for a first offense, and a Class III misdemeanor for a second or subsequent offense."

The Carter Lake Advisory Team does not provide public information to the public in a suitable manner. Instead decisions are made by a group of public officials and then given to the public at meetings, after decisions are seemingly already made. The group also does not allow open dialog and and common discussion at the occasional public meetings. Comments or questions are allowed only person-to-person, not in a common forum.

The Carter Lake Advisory Group should be disbanded immediately as it has either violated the Open Meeting Act or the intent of the Act.

Details of the Nebraska Open Meetings Act can be found online.

Demolition Pending for Florence Home Chimney

Demolition is pending for a roost chimney in the Florence area of Northeast Omaha. The Florence Home at 7900 North 30th Street is slated for demolition.

The destruction would remove a chimney that has been known to be used as a roost by chimney swifts at least back to 1991, according to a neighborhood bird watcher. He indicated that more than hundred have been seen using the large 6x6 bricks chimney.

These pictures were taken to document the structure, and that another important chimneys for swifts is being lost.

This rooftop vantage point would provide a perfect spot on a fine evening to watch the arrival and descent of the swifts into their night's roost.

It is not known at this time when the building will be razed.