There is a petition circulating around town opposing the contract negotiated between the Town Board and Mr. Chris Fulcher concerning the disposition of South Avenue.
I have neither opposed nor supported the process of negotiations. Whenever someone makes a proposal such as this, I think it should be considered carefully, in full appreciation of the facts and in a businesslike manner.
I have been reluctant to intrude on the process, but I have raised concerns from time to time. Nothing in the contract now on the table has alleviated those concerns.
I will, over the next few days, reiterate my concerns and illustrate them with historical documents, surveys and legal references.
My main problems are:
1. The proposed exchange of two dedicated and accepted rights of way for title in fee simple to a parcel of real estate violates the legal prohibition against sale or barter of a public right of way;
2. The public obligation of the Town Board in this case should be clear: to protect and preserve the public interest in access to public trust waters at the Raccoon Creek harbor which has hitherto been provided by the dedication to the public and acceptance by the town of the South Avenue right of way - any replacement must provide equivalent public access;
3. Ownership by the town as proprietor of a parcel of real estate provides a lower level of protection of the citizenry against future imprudent actions by the governing body than that provided by a dedicated and accepted right of way (there may be other ways of depriving future governing bodies of the temptation to sell a property - the example of Lou Mac Park comes to mind);
4. The proposed parcel isn't wide enough to provide the public with equivalent access to public waters as provided currently by South Avenue;
5. It isn't clear from the information available that the Town has a complete and accurate idea of what can be built on the proposed parcel in light of the Neuse River Buffer and the CAMA area of environmental concern, nor is it clear that possible public uses of the existing South Avenue right of way to facilitate access to the water have been completely explored.
I think almost all of our citizens recognize the great economic potential for the benefit of all businesses in Oriental of expanded and improved harbor facilities.
But we need to make the effort and take the time to do it right, or at least as well as possible.
I'll have more later.
Subscribe to:
Post Comments (Atom)
Posts
1 comment:
I, too, am concerned. At least two of the town’s elected officials have repeatedly said that the land at the end of South Avenue that we fought and litigated to keep has “no value.” Then they say that what the town gains in the land swap is a “good deal” for the town. Seems to me that if you think what we are trading away has no value, anything we get in return would make it a “good deal.” I would prefer more information, perhaps something including an independent appraisal of the value of the transaction to Mr. Fulcher.
Post a Comment