No, this isn't a joke. Earlier this evening, I heard an insistent and unfamiliar knock. When I opened the door, I was met by a Sheriff's deputy who handed me a yellow document. It was a summons in the case of Tony Tharp and PamlicoToday.com versus the Town of Oriental, William R. Sage, et al. I am one of the et al, along with the town manager and the other members of the outgoing Town Board.
I can't say I was surprised. I have been reading about the suit on Mr. Tharp's new website, PamlicoToday. According to that site, "Tharp is representing himself in the lawsuit against the town. Oriental attorney Scott Davis is likely to get the job of defending the town. Without the suit even being filed, Davis already has billed the town about $300 for telephone consults on PamlicoToday.Com's pending lawsuit."
I wonder how he came to that conclusion.
Being sued, even in an official capacity, is no fun. I would readily decline the honor, if the opportunity arose.
I welcome the reappearance of Mr. Tharp as an active journalist focusing on Pamlico County events. He has in the past covered matters that needed covering, when no one else would. I leave it to the judge to rule on the merits of the case put forth by Mr. Tharp and his client (Mr. Tharp).
Saturday, November 21, 2009
The Sheriff
There was great relief in Oriental when we learned that the County Sheriff's Department had arrested the alleged perpetrators of a number of recent break-ins and thefts in and around Oriental. That's good news.
Less good is the thought that it was the Sheriff's Office, headquartered in Bayboro, that broke the case instead of our own one-man police department. There are a number of possible conclusions that could be drawn:
1. Our police chief is ineffective;
2. A one-man police department isn't adequate to the task;
3. Oriental should expand its police department;
4. Oriental should close its police department and rely on the County Sheriff for law enforcement.
I have thought about our options and conclude that ours is the worst of all possible arrangements. We would be better off if we hired additional police officers, acquired additional police vehicles (bicycle? motorcycle?), and provided a suitable office from which the force could work. The downside is that it would be more expensive.
Alternatively, we would arguably be better off if we closed our one-man police department and turned enforcement over to the Sheriff. That approach also has a downside: the limited number of deputies available to the Sheriff to cover a large and sparsely populated county. Furthermore, in the absence of a specific inter local agreement, the Sheriff is unlikely to enforce Oriental's municipal ordinances.
In either event, The Town of Oriental should consider inter local agreements to establish procedures for exchanging information between town and county officials, including police reports. I believe we should also establish clear procedures wherein our citizens would summon help by calling 911, whatever the emergency. It would be up to our own police force to keep the dispatcher informed at all times of our officers' whereabouts, duty status, and how they can be reached. Citizens shouldn't have to hunt down the person on duty.
Less good is the thought that it was the Sheriff's Office, headquartered in Bayboro, that broke the case instead of our own one-man police department. There are a number of possible conclusions that could be drawn:
1. Our police chief is ineffective;
2. A one-man police department isn't adequate to the task;
3. Oriental should expand its police department;
4. Oriental should close its police department and rely on the County Sheriff for law enforcement.
I have thought about our options and conclude that ours is the worst of all possible arrangements. We would be better off if we hired additional police officers, acquired additional police vehicles (bicycle? motorcycle?), and provided a suitable office from which the force could work. The downside is that it would be more expensive.
Alternatively, we would arguably be better off if we closed our one-man police department and turned enforcement over to the Sheriff. That approach also has a downside: the limited number of deputies available to the Sheriff to cover a large and sparsely populated county. Furthermore, in the absence of a specific inter local agreement, the Sheriff is unlikely to enforce Oriental's municipal ordinances.
In either event, The Town of Oriental should consider inter local agreements to establish procedures for exchanging information between town and county officials, including police reports. I believe we should also establish clear procedures wherein our citizens would summon help by calling 911, whatever the emergency. It would be up to our own police force to keep the dispatcher informed at all times of our officers' whereabouts, duty status, and how they can be reached. Citizens shouldn't have to hunt down the person on duty.
Wednesday, November 18, 2009
Philosophical Reflections
My favorite contemporary American philosopher is Yogi Berra, who famously observed: "It's difficult to make predictions, especially about the future." He also advised: "when you come to a fork in the road, take it." Good advice.
I believe Yogi also adheres to another American thinker, Popeye, who makes no apologies. "I yam what I yam," he says.
Benjamin Disraeli (not an American) once advised, "never complain, never explain." The same quote is often attributed to Henry Ford. In "She Wore a Yellow Ribbon," John Wayne advises a junior officer, "never apologize. It's a sign of weakness."
Possibly the most important influence on the way I do things comes from my early experience as a licensed umpire. The first thing you learn at umpiring class is: whatever you do, call 'em like you see 'em. Don't let yourself be influenced by the prominence of the player or whether you like him or not. Above all, call each play on its own terms. Don't ever try to make up for a possibly bad call by changing your call on the next play. And keep a copy of the rule book in your hip pocket. No matter how well you know the rules, it never hurts to look it up.
The reason for rules is for fairness. By the time I was six years old, I had learned that without rules and someone to enforce them, the bullies rule the playground.
I believe Yogi also adheres to another American thinker, Popeye, who makes no apologies. "I yam what I yam," he says.
Benjamin Disraeli (not an American) once advised, "never complain, never explain." The same quote is often attributed to Henry Ford. In "She Wore a Yellow Ribbon," John Wayne advises a junior officer, "never apologize. It's a sign of weakness."
Possibly the most important influence on the way I do things comes from my early experience as a licensed umpire. The first thing you learn at umpiring class is: whatever you do, call 'em like you see 'em. Don't let yourself be influenced by the prominence of the player or whether you like him or not. Above all, call each play on its own terms. Don't ever try to make up for a possibly bad call by changing your call on the next play. And keep a copy of the rule book in your hip pocket. No matter how well you know the rules, it never hurts to look it up.
The reason for rules is for fairness. By the time I was six years old, I had learned that without rules and someone to enforce them, the bullies rule the playground.
Wednesday, November 11, 2009
Armistice Day
I don't care what anyone says - today is Armistice Day. The day World War I - "the war to end wars," came to a desultory end in an Armistice among exhausted combatants. We need to remember that war and it manifold failures and consequences. We need to remember it every time our leaders embrace war as a solution to disputes.
The Last Hurrah (Almost)
Last night the Oriental Board of Commissioners that was elected in 2007 held its last regular session. We will meet at least one more time - November 30, to set the agenda for the new board's first meeting on December 1.
We addressed or at least discussed a number of items about which we have previously failed to reach agreement. The most significant of these:
A. Minutes of closed sessions. North Carolina General Statutes allow and in some cases require discussions to be held in closed session. The law also requires minutes to be kept. They must be made public when no longer necessary to be closed. Office personnel have found references to 33 closed sessions, going back to 2004. No one remembers any of the minutes ever having been opened. Of the 33 closed sessions, the minutes book does not contain three of them. Of the remaining thirty, signed copies have not been found for a dozen of the closed sessions. This is important, because the signed copy becomes the official record of the version of minutes adopted by the board. Plainly we need better controls.
I believe the majority, including all but two paragraphs of minutes concerning the Town's court cases should be opened to the public. We will debate this at the agenda meeting Nov. 30.
B. The Town Manager clarified the costs of hiring additional peace officers. The board agreed to continue pursuing the hire of two part-time officers. The delay in hiring one has resulted from delay in getting final approval from the state government agency he works for. The manager is optimistic this won't take much longer. Commissioner Kellam has developed a set of criteria for the other hire. We will advertise for that position. This was also a topic of discussion during the public comment period.
C. The board voted to clarify no-parking areas in front of the Treasure Company, without reducing the number of legal spaces.
D. The board voted to reduce handicap parking in front of the Baptist Church to one space.
E. The new computer for water billing arrives next week - expense to be charged to the water fund.
F. Of five items of old business I had proposed be addressed, the board only acted on one: reducing the speed limit on the portion of Midyette Street between North and Broad to 15 miles per hour.
These may seem like mundane matters, but they are the kind of things that require careful attention by the board.
We addressed or at least discussed a number of items about which we have previously failed to reach agreement. The most significant of these:
A. Minutes of closed sessions. North Carolina General Statutes allow and in some cases require discussions to be held in closed session. The law also requires minutes to be kept. They must be made public when no longer necessary to be closed. Office personnel have found references to 33 closed sessions, going back to 2004. No one remembers any of the minutes ever having been opened. Of the 33 closed sessions, the minutes book does not contain three of them. Of the remaining thirty, signed copies have not been found for a dozen of the closed sessions. This is important, because the signed copy becomes the official record of the version of minutes adopted by the board. Plainly we need better controls.
I believe the majority, including all but two paragraphs of minutes concerning the Town's court cases should be opened to the public. We will debate this at the agenda meeting Nov. 30.
B. The Town Manager clarified the costs of hiring additional peace officers. The board agreed to continue pursuing the hire of two part-time officers. The delay in hiring one has resulted from delay in getting final approval from the state government agency he works for. The manager is optimistic this won't take much longer. Commissioner Kellam has developed a set of criteria for the other hire. We will advertise for that position. This was also a topic of discussion during the public comment period.
C. The board voted to clarify no-parking areas in front of the Treasure Company, without reducing the number of legal spaces.
D. The board voted to reduce handicap parking in front of the Baptist Church to one space.
E. The new computer for water billing arrives next week - expense to be charged to the water fund.
F. Of five items of old business I had proposed be addressed, the board only acted on one: reducing the speed limit on the portion of Midyette Street between North and Broad to 15 miles per hour.
These may seem like mundane matters, but they are the kind of things that require careful attention by the board.
Thoughts of a Lame Duck
The voters have spoken. That's what democracy is about.
Yesterday I listened to General Casey speaking at a service at Fort Hood in honor of the thirteen killed last Thursday on the base. He quoted from Isaiah 6:8: "Whom shall I send, and who will go for us? Then said I, Here am I, send me."
I know no passage of scripture that more clearly and succinctly portrays the ethic of service. I have had the honor over the years of knowing many who answered the call to serve their country, their state, their community, without thought of profit or pecuniary benefit. The best of them claimed no special virtue, sought no accolades, no glory. They just did what needed to be done. I tried to follow their example.
Yesterday I listened to General Casey speaking at a service at Fort Hood in honor of the thirteen killed last Thursday on the base. He quoted from Isaiah 6:8: "Whom shall I send, and who will go for us? Then said I, Here am I, send me."
I know no passage of scripture that more clearly and succinctly portrays the ethic of service. I have had the honor over the years of knowing many who answered the call to serve their country, their state, their community, without thought of profit or pecuniary benefit. The best of them claimed no special virtue, sought no accolades, no glory. They just did what needed to be done. I tried to follow their example.
Tuesday, November 3, 2009
Thoughts on Election Day
It's two o'clock in the afternoon. I set up a tent this morning outside Oriental's polling place at the fire station and have talked to many of the voters who have streamed in to the polls.
Oriental's residents care about their town, and they vote. I am proud to be one of them.
We won't know until this evening, after the polls close at 7:30, how the election came out: who among the nine candidates for town commissioner will be chosen by the voters to sit on the five-member Town Board.
However the election turns out this time, I want to thank the voters for allowing me to serve on the board. It has been a pleasure and an honor.
I also want to say I have enjoyed serving with each of the present commissioners. They are all talented, dedicated and conscientious. What a fine bunch! I am proud to have been counted in their number.
Thank you again.
David
Oriental's residents care about their town, and they vote. I am proud to be one of them.
We won't know until this evening, after the polls close at 7:30, how the election came out: who among the nine candidates for town commissioner will be chosen by the voters to sit on the five-member Town Board.
However the election turns out this time, I want to thank the voters for allowing me to serve on the board. It has been a pleasure and an honor.
I also want to say I have enjoyed serving with each of the present commissioners. They are all talented, dedicated and conscientious. What a fine bunch! I am proud to have been counted in their number.
Thank you again.
David
Wednesday, October 28, 2009
Keeping Property Clean
Last Tuesday (Oct 27), the planning board heard complaints from citizens concerning the problem of construction debris. Our Code of General Ordinances, Chapter G - Health and Disease Protection, Article I, Section 8 - Debris from New Construction, provides that "All refuse, lumber and debris remaining both as a result of the repair of any buildings, or of the erection and completion of any new buildings, shall be removed by the property owner within ten (10) days from the completion of the aforesaid work."
The problem is, some of the "aforesaid work" is accomplished over a protracted period of time. If the work crew doesn't keep the site clean it may become not only unsightly but also a health hazard. This circumstance presently exists at a number of sites in town.
At the next Town Board meeting, I intend to introduce an amendment to our general ordinances requiring accumulated refuse, lumber and debris to be removed within ten days of creation and accumulation of the debris.
The problem is, some of the "aforesaid work" is accomplished over a protracted period of time. If the work crew doesn't keep the site clean it may become not only unsightly but also a health hazard. This circumstance presently exists at a number of sites in town.
At the next Town Board meeting, I intend to introduce an amendment to our general ordinances requiring accumulated refuse, lumber and debris to be removed within ten days of creation and accumulation of the debris.
Saturday, October 24, 2009
Economic Development
Economic development isn't the same as business development, though many officials conflate the two.
How to tell the difference? Business development tries to increase market share - in other words, to get a bigger slice of the pie. Economic development seeks to bake a bigger pie.
How can Oriental and Pamlico County bake a bigger pie? About half a dozen ideas come to mind. I'd be happy to share them with anyone who asks.
How to tell the difference? Business development tries to increase market share - in other words, to get a bigger slice of the pie. Economic development seeks to bake a bigger pie.
How can Oriental and Pamlico County bake a bigger pie? About half a dozen ideas come to mind. I'd be happy to share them with anyone who asks.
Friday, October 23, 2009
Campaign Heating Up
Oriental's campaign for political office is heating up.
At least six of my campaign signs have disappeared. This follows an earlier incident when one of my signs was removed from its place along Church street and later found at the entrance to Town Hall. Two anonymous calls complained that my sign was on town property. Of course, I didn't put it there. My signs are only at places where the owner requests them.
The most recent disappearance occurred this morning (Oct 23). The sign was on the property when the owner went to bed at 2:00 a.m. and had disappeared by the time he got up at 7:00.
It isn't unusual in hotly contested campaigns for signs to be stolen. Usually this is done by supporters of other candidates concerned that their candidate may not be doing well. An alternative explanation is that the thieves merely wanted a souvenir. If they had just asked, I would have been glad to provide a souvenir sign after the election.
Another possibility is that the signs are stolen by thieves concerned at my efforts to enlarge the town's police force.
At least six of my campaign signs have disappeared. This follows an earlier incident when one of my signs was removed from its place along Church street and later found at the entrance to Town Hall. Two anonymous calls complained that my sign was on town property. Of course, I didn't put it there. My signs are only at places where the owner requests them.
The most recent disappearance occurred this morning (Oct 23). The sign was on the property when the owner went to bed at 2:00 a.m. and had disappeared by the time he got up at 7:00.
It isn't unusual in hotly contested campaigns for signs to be stolen. Usually this is done by supporters of other candidates concerned that their candidate may not be doing well. An alternative explanation is that the thieves merely wanted a souvenir. If they had just asked, I would have been glad to provide a souvenir sign after the election.
Another possibility is that the signs are stolen by thieves concerned at my efforts to enlarge the town's police force.
Thursday, October 22, 2009
Wrapping Things Up
The current Town Board has one more scheduled session before the new board is sworn in. The present board has a number of issues previously discussed that I will propose be addressed at this final meeting. Here is a partial list:
1. Act on an earlier proposal for the town to assume maintenance responsibility for the portion of North Street within town limits. This will allow us to take traffic control measures such as moving the center line stripe, establishing parking and no parking zones, and stop signs as the Town Board determines, rather than having to convince DOT. The street is in good repair, it would increase our Powell Bill funds from the state, and should generally enhance our flexibility;
2. Petition DOT for the town to take over responsibility for that portion of White Farm road that is bordered on each side by Oriental. The town should have included that section of White Farm Road in its annexation of adjacent property. This would give us control over speed limits, signage, etc. and allow us to eliminate what many residents of the area see as a hazardous situation;
3. Replace the temporary rumble strips at the north end of Midyette Street with permanent rumble strips of asphalt. Our Public Works Department knows how to make such strips. Some nearby residents report the strips seem to be doing some good. The temporary strips can be relocated to Ragan Road, where residents report cars ignore the present speed limit;
4. Reduce the Speed Limit on Midyette Street to 15 or 20 miles an hour. Residents at both ends of the street report to me that trucks pulling boats to the launch ramp at 25 mph (or greater) create a hazardous situation. In one recent incident with a bicycle, witnesses believe the truck was not exceeding the posted speed limit, but the trailer still jacknifed. I hope we can act on this;
5. At the last Town Board meeting, we discussed the possibility of removing the existing limit on location of chickens kept for personal use. I plan to introduce a motion to do that;
6. We will be required in early December to submit a report on our CAMA land use plan. This board needs to lay the foundation for that report, especially if we propose any changes.
1. Act on an earlier proposal for the town to assume maintenance responsibility for the portion of North Street within town limits. This will allow us to take traffic control measures such as moving the center line stripe, establishing parking and no parking zones, and stop signs as the Town Board determines, rather than having to convince DOT. The street is in good repair, it would increase our Powell Bill funds from the state, and should generally enhance our flexibility;
2. Petition DOT for the town to take over responsibility for that portion of White Farm road that is bordered on each side by Oriental. The town should have included that section of White Farm Road in its annexation of adjacent property. This would give us control over speed limits, signage, etc. and allow us to eliminate what many residents of the area see as a hazardous situation;
3. Replace the temporary rumble strips at the north end of Midyette Street with permanent rumble strips of asphalt. Our Public Works Department knows how to make such strips. Some nearby residents report the strips seem to be doing some good. The temporary strips can be relocated to Ragan Road, where residents report cars ignore the present speed limit;
4. Reduce the Speed Limit on Midyette Street to 15 or 20 miles an hour. Residents at both ends of the street report to me that trucks pulling boats to the launch ramp at 25 mph (or greater) create a hazardous situation. In one recent incident with a bicycle, witnesses believe the truck was not exceeding the posted speed limit, but the trailer still jacknifed. I hope we can act on this;
5. At the last Town Board meeting, we discussed the possibility of removing the existing limit on location of chickens kept for personal use. I plan to introduce a motion to do that;
6. We will be required in early December to submit a report on our CAMA land use plan. This board needs to lay the foundation for that report, especially if we propose any changes.
Tuesday, October 20, 2009
Closed Sessions
Most meetings of the Town Board are required to be held in public. North Carolina General Statutes recognize a handful of circumstances (lawyer-client privilege, negotiating a real estate deal, etc.) where meetings may be held in closed session, and some (personnel matters) that must be held in closed session. In all cases, before going into closed session, the board must declare the reason. Minutes must be kept of closed sessions and the minutes must be opened when the matter is no longer necessary to remain closed.
I have asked that at least the closed session minutes of the past two years be reviewed, and that we take action at the next meeting of the Town Board to open all possible minutes. I would like to go as far back as possible, into the records of previous boards as well, to correct this oversight.
I have found that we were not always careful to confine our closed session discussion to the reason declared. We need to be more careful in the future. As a practical matter, I think no harm was done, though we should be somewhat embarrassed. Still, we need to make most of the minutes public, except for discussions of personnel and a few other matters, which must remain closed.
We need to be scrupulous about complying with the open meetings act.
I have asked that at least the closed session minutes of the past two years be reviewed, and that we take action at the next meeting of the Town Board to open all possible minutes. I would like to go as far back as possible, into the records of previous boards as well, to correct this oversight.
I have found that we were not always careful to confine our closed session discussion to the reason declared. We need to be more careful in the future. As a practical matter, I think no harm was done, though we should be somewhat embarrassed. Still, we need to make most of the minutes public, except for discussions of personnel and a few other matters, which must remain closed.
We need to be scrupulous about complying with the open meetings act.
Monday, October 19, 2009
Chickens
Oriental's animal control ordinance allows its citizens to keep chickens for their own use - as long as they are kept at least 300 feet from the nearest dwelling. It is pretty clear this is a backdoor way of prohibiting chickens.
We had an inconclusive discussion on chickens at the last Town Board meeting. At the next meeting, I hope we agree to remove the 300 foot restriction.
I like being around chickens. Having grown up on farms, I have fond memories of feeding chickens, gathering eggs and less fond memories of keeping chicken coops clean. There is a national movement underway to promote urban chickens, part of an even larger effort to promote local food growing. I see no reason Oriental shouldn't be a part of this effort.
We had an inconclusive discussion on chickens at the last Town Board meeting. At the next meeting, I hope we agree to remove the 300 foot restriction.
I like being around chickens. Having grown up on farms, I have fond memories of feeding chickens, gathering eggs and less fond memories of keeping chicken coops clean. There is a national movement underway to promote urban chickens, part of an even larger effort to promote local food growing. I see no reason Oriental shouldn't be a part of this effort.
Sunday, October 18, 2009
A Good Audit
I'm not a trained accountant, but I once served as Chief Financial Officer of a private equity fund and as government contracts officer of two different companies. I have been through audits before, and was beginning to lose confidence in the vigor of the town's recent audits.
Last summer, when I learned we would be able to hire a new auditor to review the town's accounts and procedures for the fiscal year that just ended, I called for a special board meeting to change auditors. We don't yet have the written results, but preliminary indications are that our new auditor is doing a fine job. He has already uncovered a number of areas where the town's procedures did not meet the requirements of NC general statutes, and other areas where he has suggested improvements.
A good audit is not one that takes a cursory look at the books and declares "you have no serious deficiencies." Rather it is one that takes a thorough, probing look and makes concrete suggestions. We are undergoing a good audit. I look forward to the written report.
Last summer, when I learned we would be able to hire a new auditor to review the town's accounts and procedures for the fiscal year that just ended, I called for a special board meeting to change auditors. We don't yet have the written results, but preliminary indications are that our new auditor is doing a fine job. He has already uncovered a number of areas where the town's procedures did not meet the requirements of NC general statutes, and other areas where he has suggested improvements.
A good audit is not one that takes a cursory look at the books and declares "you have no serious deficiencies." Rather it is one that takes a thorough, probing look and makes concrete suggestions. We are undergoing a good audit. I look forward to the written report.
Thursday, October 15, 2009
Public Safety
At the 13 October special meeting of the Town Board (called by me and Candy Bohmert), the Board of Commissioners directed the Town Manager to initiate the hire of two part time deputy policemen and to begin efforts to establish a neighborhood watch program for Oriental.
It was clear from the public comments at the meeting that most attendees shared my view that we have tried a one-man police force and it doesn't work. I asked for the special meeting because I thought the matter too urgent to wait for the next regular meeting. I hope we will be ready to move on the first part-time hire by October 23.
The Board recognized that part time hires will be only a temporary solution and that we should consider at least one full-time hire as a possible longer-term measure. The procedure to hire another full time policemen can be expected to take at least ten to twelve weeks. We expect the newly elected board to take this up in December.
It was clear from the public comments at the meeting that most attendees shared my view that we have tried a one-man police force and it doesn't work. I asked for the special meeting because I thought the matter too urgent to wait for the next regular meeting. I hope we will be ready to move on the first part-time hire by October 23.
The Board recognized that part time hires will be only a temporary solution and that we should consider at least one full-time hire as a possible longer-term measure. The procedure to hire another full time policemen can be expected to take at least ten to twelve weeks. We expect the newly elected board to take this up in December.
Friday, October 9, 2009
Oriental Long Range Plan
On October 6, the Board of Commissioners approved the Long Range Plan developed over the past three years by the Long Range Planning Committee. By this action, the plan was turned over to Oriental's Planning Board to be incorporated in the Comprehensive Plan for Oriental, now being drafted.
As a member of that committee, I am proud that its work proceeded with particular thoroughness and care. Key contributions were made by Ben Hollowell, the Chair, who brought his broad familiarity with Oriental's history; Barbara Venturi, who brought her expertise in database design; and Dee Sage, who prodded, organized, drafted, and kept the whole project on track. Among the other members, important contributions were made by Teri Reid, Christy Foster, and Jennifer Roe.
The text is on the town's web site at:
http://www.townoforiental.com/index.asp?Type=B_BASIC&SEC={C3BC4B43-0B27-4656-9A9A-46D5E9C0DEFB}
As a member of that committee, I am proud that its work proceeded with particular thoroughness and care. Key contributions were made by Ben Hollowell, the Chair, who brought his broad familiarity with Oriental's history; Barbara Venturi, who brought her expertise in database design; and Dee Sage, who prodded, organized, drafted, and kept the whole project on track. Among the other members, important contributions were made by Teri Reid, Christy Foster, and Jennifer Roe.
The text is on the town's web site at:
http://www.townoforiental.com/index.asp?Type=B_BASIC&SEC={C3BC4B43-0B27-4656-9A9A-46D5E9C0DEFB}
Pamlico County Comprehensive Transportation Plan
At the October Town Board meeting, the board approved a resolution adopting the Pamlico County Comprehensive Transportation Plan (CTP) for Oriental. This plan, which was prepared by NCDOT with cooperation of the Down East Rural Transportation Organization (DERPO), establishes transportation requirements looking ahead thirty years.
The plan is on line at:
http://www.townoforiental.com/index.asp?Type=B_PR&SEC={4B6C2CFF-3843-41DE-829A-DB9FF719B4DF}&DE={18C9014F-9283-4C2D-9EFF-02AF4E6FBB8B}
For the past two years, I represented Oriental on the Pamlico County Steering Committee for the CTP. The plan includes a requirement for a bicycle path from Dolphin Point to Oriental Village, a requirement for sidewalks along highway 55 beyond town limits, and a requirement for a public transportation routes. We had asked for all of these.
We successfully opposed inclusion of four lanes from Bayboro to Oriental and a proposed bridge from Cherry Point to Minnesott.
Next step: approval by county commissioners at their November meeting.
After county commissioners adopt the CTP, Oriental needs to develop its own CTP, building on the 1988 thoroughfare plan and work done to date on the Duck Pond Plan and the Whittaker Creek Greenway Project for a bicycle and pedestrian path connecting Dolphin Point with Oriental Village.
The plan is on line at:
http://www.townoforiental.com/index.asp?Type=B_PR&SEC={4B6C2CFF-3843-41DE-829A-DB9FF719B4DF}&DE={18C9014F-9283-4C2D-9EFF-02AF4E6FBB8B}
For the past two years, I represented Oriental on the Pamlico County Steering Committee for the CTP. The plan includes a requirement for a bicycle path from Dolphin Point to Oriental Village, a requirement for sidewalks along highway 55 beyond town limits, and a requirement for a public transportation routes. We had asked for all of these.
We successfully opposed inclusion of four lanes from Bayboro to Oriental and a proposed bridge from Cherry Point to Minnesott.
Next step: approval by county commissioners at their November meeting.
After county commissioners adopt the CTP, Oriental needs to develop its own CTP, building on the 1988 thoroughfare plan and work done to date on the Duck Pond Plan and the Whittaker Creek Greenway Project for a bicycle and pedestrian path connecting Dolphin Point with Oriental Village.
Oriental Police Department
Last spring, Oriental's police deputy unexpectedly resigned. The town commissioners decided to try a one-person police department. That trial has not worked out as well as the commissioners had hoped. Providing police protection for Oriental appears too big a job for one man.
Sheriff Sawyer has been extremely helpful in providing back up to our only policeman, but response time is a problem because Sheriff's Deputies have much further to travel than our local policeman. In recent weeks the County Sheriff has responded more frequently to incidents in Oriental than has our own Chief. Last Wednesday morning, thieves stripped an SUV parked at the corner of Oriental's two main streets. The County Sheriff responded to that incident, as well.
I believe we urgently need to recruit a well-qualified part-time policeman as an interim measure, and review our long range options, which may include a full-time deputy. The Town Board will have a special meeting at 5:00 October 13 to address some of these issues.
We should put public safety first.
Sheriff Sawyer has been extremely helpful in providing back up to our only policeman, but response time is a problem because Sheriff's Deputies have much further to travel than our local policeman. In recent weeks the County Sheriff has responded more frequently to incidents in Oriental than has our own Chief. Last Wednesday morning, thieves stripped an SUV parked at the corner of Oriental's two main streets. The County Sheriff responded to that incident, as well.
I believe we urgently need to recruit a well-qualified part-time policeman as an interim measure, and review our long range options, which may include a full-time deputy. The Town Board will have a special meeting at 5:00 October 13 to address some of these issues.
We should put public safety first.
Monday, September 21, 2009
SOUTH AVENUE
The first fight I took up after being elected Town Commissioner was to defend the town's ownership of the South Avenue right of way all the way to the Harbor. I had no quarrel with the other board members or the previous board - all of them thought the right of way belonged to the town. But the town attorney seemed to believe we had a losing case. I didn't. I had read David Lawrence's book on NC right of way law and believed we had a winning case. Our attorney proceeded to lose the case at the hearing on the motion for summary judgment. The issue became whether to hire a professional litigator and pursue an appeal. I pressed for that, and the other board members supported the decision to hire Mr. Stevenson Weeks to handle the appeal. He won a unanimous decision by the NC Court of Appeals, as reported below. Now we await a decision by the NC Supreme Court whether they will review the case. The Court of Appeals decision appears to apply to all of the town's street ends.
September 21, 2009 Update
On the 7th of July, 2009, the North Carolina Court of Appeals reversed the decision of the Pamlico County Superior Court in the case of TOWN OF ORIENTAL , plaintiff v. LACY HENRY and wife, JUDY B. HENRY, Defendants. "The Town contends," the Court said, "the trial court erred in granting summary judgment in favor of the Henrys and in not granting summary judgment in favor of the town. We agree." The court concluded its unanimous opinion as follows: "Accordingly, as there were no genuine issues of material fact as to whether the Town was the owner of the South Avenue terminus, the Town was entitled to judgment as a matter of law. We hold that the trial court erred in granting summary judgment in favor of the Henrys and in failing to grant summary judgment in favor of the Town. We thus reverse and remand this matter to the Pamlico County Superior Court with instructions to enter an order consistent with this opinion."
The Henrys petitioned the Court of Appeals for a rehearing, as was their right. The Court of Appeals denied the petition, whereupon the Henrys petitioned the North Carolina Supreme Court to grant a discretionary review of the Court of Appeals decision. That is where the matter stands.
In May, 2008, PamlicoInk published an interview with Mr. Lacy Henry. In response, I wrote the following letter to the editor of The Pamlico News:
September 21, 2009 Update
On the 7th of July, 2009, the North Carolina Court of Appeals reversed the decision of the Pamlico County Superior Court in the case of TOWN OF ORIENTAL , plaintiff v. LACY HENRY and wife, JUDY B. HENRY, Defendants. "The Town contends," the Court said, "the trial court erred in granting summary judgment in favor of the Henrys and in not granting summary judgment in favor of the town. We agree." The court concluded its unanimous opinion as follows: "Accordingly, as there were no genuine issues of material fact as to whether the Town was the owner of the South Avenue terminus, the Town was entitled to judgment as a matter of law. We hold that the trial court erred in granting summary judgment in favor of the Henrys and in failing to grant summary judgment in favor of the Town. We thus reverse and remand this matter to the Pamlico County Superior Court with instructions to enter an order consistent with this opinion."
The Henrys petitioned the Court of Appeals for a rehearing, as was their right. The Court of Appeals denied the petition, whereupon the Henrys petitioned the North Carolina Supreme Court to grant a discretionary review of the Court of Appeals decision. That is where the matter stands.
In May, 2008, PamlicoInk published an interview with Mr. Lacy Henry. In response, I wrote the following letter to the editor of The Pamlico News:
May 21, 2008
Dear Editor:
In a recent interview, Mr. Lacy Henry seems puzzled that the Town of
There is no mystery here. The Board of Commissioners has a duty to protect the town’s assets.
Mr. Henry has a lot to say about this. Not all of it is accurate. At a hearing last New Year’s Eve in Bayboro, he told Judge Crow that he and his father before him paid taxes on the terminus of South Avenue since the early 1950’s. Public records show that is not the case. They have never paid taxes on the disputed parcel.
In the interview, Mr. Henry recalls with nostalgia his family’s operation of a marine railway at the site. Speaking of the railway’s remaining track and winch, he says “if you move it, you will never get it back.” He also emphasizes that he holds a CAMA permit for an eight slip marina at the site, combining the town’s
From the town’s viewpoint, we know that if we lose control over the end of
If the street end remains in the town’s hands, we can build another town dock, serving as a powerful draw to the 14,000 boats per year passing up and down the ICW only two miles away. This would bring customers for all of the town’s businesses and a lot of goodwill for future business. Cruisers attracted by free docking spend money and come back. If Mr. Henry wants to preserve a piece of the town’s past and attract visitors, he can certainly find a way to pool resources and work together with the town.
The struggle between the town and Mr. Henry isn’t about the past – it’s about the future.
David Cox
Sunday, September 20, 2009
Animal Control
One of the first issues the present town board addressed in 2008 was the question of animal control. Many residents want a leash law. Many others were attracted to Oriental precisely because we don't have one. The board was in complete agreement that we don't want vicious or threatening dogs at large. There was great disagreement on issues of exact rules and enforcement. Those who wanted a leash law were not happy with the modification we made in 2008. Earlier this year, Commissioner Kellam proposed a draft ordinance that I thought was a big improvement over the existing one, but still raised questions. I voted against referring the issue to a committee of citizens, but agreed to go over the proposed language with Commissioner Kellam. The following is a letter I sent to a resident on the subject.
September 20, 2009
One of the first issues the present town board addressed in 2008 was the question of animal control. Many residents want a leash law. Many others were attracted to Oriental precisely because we don't have one. The board was in complete agreement that we don't want vicious or threatening dogs at large. There was great disagreement on issues of exact rules and enforcement. Those who wanted a leash law were not happy with the modification we made in 2008. Earlier this year, Commissioner Kellam proposed a draft ordinance that I thought was a big improvement over the existing one, but still raised questions. I voted against referring the issue to a committee of citizens, but agreed to go over the proposed language with Commissioner Kellam. The following is a letter I sent to a resident on the subject.
September 20, 2009
Dear Resident:
I want to let you know where I stand on the animal control ordinance.
Local newspapers, including the Pamlico News, were in error when they reported I voted against the draft animal control ordinance.
The only vote taken was whether to refer the draft to a committee of citizens, equally divided between proponents and opponents of a leash law. I oppose that procedure just as I opposed the stakeholder's committee three years ago and as I opposed a noise ordinance committee. That would be a cop-out. The town commissioners were elected to take on such tough issues.
I also think that creating an ad-hoc committee on the fly (that is, in the course of a meeting without advance thought) is prone to all manner of misunderstandings as to terms of reference, the task, the expected time frame, etc.
As for Kathy Kellam's draft, I think it is a considerable improvement in many respects over our present ordinance. Still, there are significant issues raised by the draft, many of which she pointed out during the meeting. I have questions about some of the policy issues that I would like to resolve. In the end, whether I support the draft or some modification of it, will depend on answers to several practical questions.
I think there is support for more effective animal control measures. Whether this requires clarification of our existing ordinance, better enforcement of its provisions, more public involvement in timely reporting and complaints, or a combination of the above, I don't know. whether the provisions in Kathy's draft are enforceable concerning keeping cats under restraint, whether "voice command" is a viable concept even with dogs, are reasonable questions in my mind.
I don't agree with the County Compass headline that the draft is "dead on arrival." I certainly didn't vote against any specific changes, just against referring it to a committee. Especially after the fuss over a noise ordinance committee, I want to make it clear I don't support such an approach.
What I do support is for the Town Board to conduct public hearings or even formal investigations into proposed ordinances. While looking through NC General Statutes recently on another issue, I came across the provision empowering town boards to conduct investigations,even to the point of issuing subpoenas to witnesses. I think this is an excellent way to receive input from the public and from experts.
Another suggestion I have heard is to hold an "advisory referendum" during the forthcoming election. That suggestion came from a lifetime northerner. I don't like referenda, because the ones I have seen invariably oversimplify the issue. A question, for example: "Do you favor a leash law for Oriental" or even "do you favor enhanced animal control measures for Oriental" wouldn't tell us much. Details matter.
I have had a number of discussions with the town manager concerning our existing ordinance. When we passed it, none of the commissioners wanted to allow dangerous, vicious or threatening dogs to remain at large. Such animals are clearly covered by state law, and the county animal control officer has jurisdiction to respond to complaints. Our ordinance also addresses nuisance animals. I think we need to clarify the nuisance category. More importantly, we have few town resources for animal control. If we wish to rely on the county for support in that area, we need to conclude an interlocal agreement or memorandum of understanding spelling out the details of procedure. I have had a preliminary discussion with the County Manager about this, and he seems receptive to the idea, though a bit concerned about whether the county has sufficient resources.
I have agreed to sit down with Kathy Kellam to address specific issues and concerns and how best to address them.
David Cox
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