South Avenue: Heart Of The Matter

Last night I received an e-mail from Mayor Bill Sage responding to earlier e-mails from me. What I learned from his e-mail is that he and the commissioners seem bound and determined to be able to sell the parcel the Municipal Corporation will receive from Chris Fulcher in exchange for the public rights of way the town holds in trust for the public.

The mayor's mantra: "Don't tie our hands."

My mantra: "Don't violate your trust."

Here is the heart of my letter in response to the mayor:

"Bill:

"Thank you for your reply. I am pleased the Town is in contact with David Lawrence, and I look forward to reading the written exchange with him. I am interested in his response to your questions and any citations he provided. I would also appreciate copies of any correspondence with other professors contacted at the School of Government, and with the Legal Services Department of the North Carolina Department of Justice....

"Please bear in mind I am neither opposing nor defending the Wisdom of the transaction. I am questioning the Rightness of the contract.

"Each Town Board must make decisions concerning the Public streets based solely on the long-term traffic use interests of the Public.  In this case, the long-term interest that matters most to me is public access to public trust waters. You and the Board clearly intend to close the South Avenue Right of Way which you hold in trust for the public and to replace it with a private asset not held in trust, but free to be sold by the municipal corporation at any time. I conclude from your e-mail that this is not just an unintentional result, but has been central to your deliberations. That violates the responsibility of the trustee. That is wrong.

David Cox"

Here is the heart of Mayor Sage's e-mail to me:

"David,

 

"Thank you for your letter and materials concerning the South Avenue transaction.  I am sorry that you feel compelled to oppose a transaction that I believe will benefit the town and its citizens and visitors immensely.  You are correct that process is important and the town attorney has consulted at great length with several of the professors (and retired Professor David Lawrence) at the UNC School of Government.  All agree that the end result under the contract is legally achievable, but they disagree on the best procedure to follow to get there.....

"You now seem to be taking the position that this board has a duty to “tie the hands” of all future boards, no matter the circumstances.  Will a town board 50 years hence be thanking us for “tying their hands”  if the circumstances then facing them (which we cannot possibly foresee) make it imperative that the property be closed as public access to Raccoon Creek.  Should it then revert to the Fulcher heirs because we didn’t trust future boards to be as sensitive to the public good as we are?....

"We cannot judge from this vantage point the circumstances they may face in making those decisions in the future.  I know there is often a strong urge to “carve things in stone,” but I truly believe that most of the time the urge should be resisted for the good of all.

 

"I have long been impressed by your thoroughness and seriousness of thought.  I simply and respectfully disagree on this matter.  Thanks again for your input.

 

"Bill Sage

  

  My original e-mail:

"From: David Cox
To: bob maxbauer ; Bill Sage ; Warren Johnson ; cechele@yahoo.com; barbara venturi ; larsum@aol.com
Cc: letters@towndock.net; Maureen Donald < editor@pamliconews.com >; Charlie Hall < chall@freedomenc.com >
Sent: Sat, June 30, 2012 11:27:55 AM
Subject: contract between town of oriental and chris fulcher

Some of you know I have been uneasy with certain aspects of the contract between the town of oriental and Chris Fulcher. I have been especially uneasy over what appears to be a sale of town rights of way, contrary to the law of streets. I am also concerned that acquisition of waterfront property under the contract provides no protection to the public interest comparable to the status of a right of way.

"I intend to speak on the subject at Tuesday's public hearing.

"In the meantime I wish to share my thoughts and some relevant information with you in advance of the meeting. I will deliver a hard copy to Town Hall Monday morning.

"Many years ago when Ben Hollowell was town attorney and the issue of South Avenue arose, he consulted with David Lawrence of the school of government and received Professor Lawrence's views in writing. Those views remain a matter of record at Town Hall. Likewise, Mr. Hollowell contacted the attorney general concerning some legal aspects of a right of way leading to the water. The attorney general responded with an advisory opinion, which is also on record at Town Hall.

"I strongly recommend the town board table consideration of the contract and intended street closures pending written consultation both with the School of Government and with the North Carolina Attorney General.

David Cox"