Aug. 1, 2008 - The Austin Chronicle

NEWSPERMIT WOESSeeing the (Enchanted) Forest for the treesEver since the July 18 announcement that the AustinEnchanted Forest may face permanent closure over permitproblems, there’s been a remarkable outpouring of publicsupport for the unique 3½-acre outdoor art space on Oltorfnear South Lamar. (Just ask any media outlet or local officialwith an e-mail account.) But both the forest’s owner and citystaff stress they are working together to find ways to keepthe site open and legal.Owner and operator Albert DeLoach created the forest byconsolidating three plots. His family lives on one, and artistsuse the other two for large installations. DeLoach estimatesmore than 150 artists have displayed their work there thisyear alone. That’s very different to how the place looked whenhe took it over, which he described as “a grown-over jungle”and home to the nation’s oldest hobo camp. Initially he washappy to share the property with them, but “as far as theywere concerned, I was trespassing on their land,” he said. Sohe moved them off, built a back fence, and started the longand expensive process of cleaning the land.He also tried to make sure he followed city ordinances bygaining a temporary-use permit in 2006, renewable every sixmonths. That’s the same kind of permit normally granted forshort-term events like Christmas-tree sales – “basically, any timeyou put up a tent,” explained Battalion Chief Don Smith, whoserves as spokesman for the city’s Public Assembly CodeEnforcement team. Smith explained: “They were doing someacoustical music under that tent, and it wasn’t really a big deal.As a fire department, we didn’t know of any problems with it.”The venue’s troubles began after the city received a noisecomplaint on May 27. On July 4 the PACE group informedDeLoach it would perform a site inspection the next day.Accord ing to Smith, there had been a series of changes to thesite, including construction and electrical work that were out ofcode. His group informed DeLoach the violations meant thepermit could not be renewed. While DeLoach has tried to fix theimmediate health and safety problems, he says the evolvingnature of the site is part of the process. He explained: “YouAustin NotSo Walkable“Walkability” has been anavowed goal of Austin’s cityleaders and plannersfor sometime now. Sohow are wedoing? Well,according toWalkScore.com, wecould still use a lot ofimprovement. Using GoogleMaps technology, Walk Score calculatesthe “walkability score” of a location bytaking into account nearby stores, restaurants,schools, parks, etc., and measuring“how easy it is to live a car-lite lifestyle” inthe area. Among America’s 40 largest cities,we ranked a paltry 29th, with a scoreof 49 out of 100. By comparison, top-ratedSan Francisco scored 86, and Portland,Ore. – a model for many of Austin’s transitideas – ranked 10th with a 66. WalkScore said Austin’s most walkable neighborhoodsare Downtown (90) and the UTand West Campus areas (both 87). Downat the bottom, Southeast Austin rated onlyan 8. The site will also calculate a scorefor your exact address. – Lee Nicholsknow how people say, ‘Build it, and theywill come’? Well, we said let us build ourcommunity first, and then build a buildingthat will specifically house the needs ofthe community.”While there are stages and live performancesin the forest, he said: “I don’twant to be forced into being an outdoorevent space, because that’s not thedrive for what we are. … Our goal is tobuild a self-sustaining arts and communitycenter.” He says he’s already consultedwith businesses that have goneenergy-, waste-, and carbon-neutral.Contrary to rumors, Smith said, thePACE group is not trying to close anything,but there are serious code concerns todeal with. Yet even before the storm ofcomplaints, Smith’s group was feeling theeffects of the potential closure. “Captain [Jeff] Solomon went outthere on the 17th, and he was very upset that he had to tell[DeLoach] this,” he said. DeLoach echoed this, praising Solomonfor working toward finding a solution. Smith advised DeLoach tocontact the city’s Devel op ment Assistance Center and saidhe hoped they could find “some kind of zoning allowance thatwould fit what they were doing.” But this would need to satisfynot just DeLoach and his supporters but city regulations andDeLoach’s neighbors, too. “It is a unique spot, and it is somethingthat helps the ambience of Austin, but there are two sidesto every story,” said Smith. “The quality of life can go both ways.”Now there’s a ray of hope. DeLoach said that he has a meetingorganized with the mayor’s office for this Thursday (July 31)to discuss potential zoning and permitting solutions. Oneoption is a special-events permit (“Chief Smith explained to meit’s like for when the circus comes into town,” said DeLoach),which would give him more flexibility than a new temporary-useDriver Sentenced in Bicycle Fatality“Vilhelm Hesness was a man who had a profoundreverence for all life. He rescued dogs andstray cats, healed their wounds, and made thempart of his family. He was the kind of man whotaught adults to read and volunteered at Hospice.He held degrees in philosophy, library science, andlaw.” Those were the words ofCOURTESY OF LUKE KIMBLEVilhelm HesnessMOLLY WHITTENChildren get some hands-on experience at a recycled-materialworkshop hosted by Greater Austin Garbage Arts andpresented at the Enchanted Forest's annual Art Outside event.Gerd Hesness-Frudakis as shechoked back tears followingthe July 24 sentencing ofmotorist Richard Alan Lee,who struck and killed herbrother, a respected 56-yearold Austin attorney, as he wasbicycling along ManchacaRoad on July 11, 2007.Lee pleaded guilty to manslaughter,a second-degree felony,as part of a plea agreementwith Travis Co. prosecutors.He drew a sentence of eight years probation,200 hours of community service, and 60 days injail, in addition to losing his driver’s license for oneyear. Bicycle advocates and others following thecase expressed disappointment in the sentence.Though Lee was initially charged with intoxicationmanslaughter, which carries a minimum 120-dayjail sentence, a grand jury handed down a manslaughterindictment. Accident reports cited “failureto control speed” as a contributing factor inthe accident, and toxicology reports found five prescriptiondrugs in Lee’s bloodstream, includingsedatives, an antidepressant, and a tranquilizer.Assistant District Attorney Laurie Manske saidLee’s “reckless acts formedthe basis for his indictment,”and his sentencewas based on his “lack ofprior criminal history.”“This is a tragedy,” Leesaid as he left the court. “IfI could trade places withhim I would.” He said drugsdidn’t play a role in theaccident. “I’ve been takingthem for years, and I’m stilltaking them today.” Thedrugs were prescribed bytwo different doctors, Lee said, adding, “I had topresent an affidavit that each doctor knew whatthe other was prescribing.” To other drivers, Leesaid: “Slow down and be real careful. This cameup so quick, I had no way to avoid it.”The Hesness family agreed to Lee’s plea dealas an alternative to a jury trial. Evangelos Frudakis,Hesness’ brother-in-law, said, “We were led topermit. Describing the city’s response so far as “very amiableand very hospitable,” he said that Mayor Will Wynn’s Chief ofStaff Rich Bailey “had already talked to the City Council individually,and none of them wants to see the forest closed.”For the time being, DeLoach has had to cancel a fundraiserfor several local co-ops and performances by two theatrecompanies. But his biggest immediate concern is that thepermit problems may derail his annual Haunted Forest trail.The Halloween event pays for property taxes, subsidizes exhibitions,and contributes seed money to the annual ArtOutside event. DeLoach estimates he is already personally$12,000 down this year, but that’s a small cost. “I havealways paid all the artists,” he said, “and I continue to do itbecause there’s a need.”– Richard WhittakerMeanwhile, Spider House and the United States Art Authorityare facing similar issues at their venue; see “United States ArtAuthority,” Arts, p.33, for more.believe by the district attorney that juries were historicallylenient on local motor vehicle accidents.”Hesness-Frudakis added, “No punishment is strongenough for the loss we feel, but we were afraid thatif it went to a trial, there would’ve been no punishmentat all, which would’ve been unbearable.”Anytime a case goes to trial, the outcomebecomes unknown when a judge and jury selectthe sentencing,” said Manske. “We felt like alengthy period of supervision would assure thedefendant could be held accountable and remainresponsible to the community. We take bike safetyvery seriously and remind everyone that recklessacts can lead to tragedy.”In a letter responding to the outcome of thecase, Luke Kimble, a longtime friend and ridingpartner of Hesness, said: “What I have learnedfrom following this case is that a cyclist’s life haslittle value in our court system. You can be rundown and killed by a driver under the influence,and the penalty for this action is minor comparedto the cost of a human life.”Following the court proceedings, Hesness-Frudakis said: “I have this horrible, scary thoughtthat there are actually people out there who resentbicyclists and who try to scare them. That kind ofthing has to be punished. With the country’s fuelproblems, bicycles will become more well-used, andif better accommodations aren’t made for them,there will be more terrible accidents.”– Daniel Mottola18 T H E A U S T I N C H R O N I C L E AUGUST 1, 2008 a u s t i n c h r o n i c l e . c o m