Monday, April 27, 2015

South Avenue And Watergate

Last month, the Town of Oriental issued a "press release" ostensibly announcing a settlement agreement between me and the Town of Oriental ending my law suit against the Town concerning the closing of South Avenue. I have no direct knowledge of the anonymous author of the "press release," but that person inadvertently hit on the essence of my suit by tying it to Watergate.

The connection? Neither Richard Nixon in 1972 nor Mayor Sage and the Town Board in 2012 wanted their hands tied. Mayor Sage put his concerns in writing here. I called my post of July 3, 2012 "The Heart of The Matter." It remains the heart of the matter.

I was seventeen years old, learning to be a naval officer, when it was first impressed on me that government officials, even naval officers, were constrained by law. That's what Rule of Law is about - tying government's hands. That's what Senator Sam Ervin thought, and I am proud to join his company.

For what it's worth, I served in the Pentagon from 1972 through 1975, had a good friend on Vice President Ford's staff, three friends on the National Security Council staff, and was good friends with some Republicans in high places. I had no inside knowledge, but knew a bit more than the Washington Post printed. It was about Rule of Law.


"PRESS RELEASE
FOR IMMEDIATE RELEASE—March 17, 2015—Oriental, NC
To paraphrase Gerald Ford, “Our long David Cox nightmare is over.” A full release including a dismissal with prejudice of all lawsuits and appeals filed against the Town by Oriental resident David Cox has been executed by Cox and Oriental Mayor Bill Sage on behalf of the Town...."
I'm not sure the author of the Town's press release, who concealed his or her identity, really understood Watergate. For those whose memory is a bit hazy, here's a link to a musical account of the scandal.

Haldeman, Ehrlichman, Mitchell and Dean
Performed by The Creep
Recorded 1973
Written by Bob Warren

We're Haldeman, Ehrlichman, Mitchell and Dean
The way we've been treated is really obscene
To think that a bug worth hardly a shrug
Could end up by getting us tossed in the jug
We all got the gate for no reason or rhyme
You'd think we committed some horrible crime
Our minds may be dirty but our hands are clean

We're Haldeman, Ehrlichman, Mitchell and Dean
We're Haldeman, Ehrlichman, Mitchell and Dean
Our job was to see that the White House stayed green
We might have had flaws, like bending the laws
But God only knows it was for a good cause

There's no power shortage where we were concerned
And what little profit resulted we earned
For lovelier fellows you never have seen
Than Haldeman, Ehrlichman, Mitchell and Dean
We're Haldeman, Ehrlichman, Mitchell and Dean
Our pasts have been fat but the future looks lean
With back to the wall, we're taking a fall
But dammit we only robbed Pete to pay Paul

Just when we were getting to be well-to-do
The Watergate turned into our Waterloo
And now everybody is out to demean
Poor Haldeman, Ehrlichman, Mitchell and Dean
Yes we're Haldeman, Ehrlichman, Mitchell and Dean
We're perfectly willing to spill every bean
We've nothing to hide, with God on our side
He knows we were only along for the ride

And so it will come as a terrible blow
There's one little thing that we think you should know
Whatever we say isn't quite what we mean
We're Haldeman, Ehrlichman, Mitchell and Dean

Oh yes we're Haldeman, Ehrlichman, Mitchell and Dean
Things won't be the same when we're gone from the scene
But people will still recall with a thrill
A sell-out performance on Capitol Hill
It just isn't fair to take all of the blame
When all we were doing was playing the game
Now all of Washington's caught in-between
Haldeman, Ehrlichman, Mitchell and Dean

[lyrics transcribed by listening. Send corrections via the contact link on the main page]

Sunday, April 26, 2015

Ruminations On Growing Old

In honor of my birthday earlier this month, I thought it well to remember a poem on the subject of age:

YOU ARE OLD, FATHER WILLIAM

"You are old, Father William," the young man said,
"And your hair has become very white;
And yet you incessantly stand on your head—
Do you think, at your age, it is right?"

"In my youth," Father William replied to his son,
"I feared it might injure the brain;
But now that I'm perfectly sure I have none,
Why, I do it again and again."

"You are old," said the youth, "As I mentioned before,
And have grown most uncommonly fat;
Yet you turned a back-somersault in at the door—
Pray, what is the reason of that?"

"In my youth," said the sage, as he shook his grey locks,
"I kept all my limbs very supple
By the use of this ointment—one shilling the box—
Allow me to sell you a couple?"

"You are old," said the youth, "And your jaws are too weak
For anything tougher than suet;
Yet you finished the goose, with the bones and the beak—
Pray, how did you manage to do it?"

"In my youth," said his father, "I took to the law,
And argued each case with my wife;
And the muscular strength which it gave to my jaw,
Has lasted the rest of my life."

"You are old," said the youth, "one would hardly suppose
That your eye was as steady as ever;
Yet you balanced an eel on the end of your nose—
What made you so awfully clever?"

"I have answered three questions, and that is enough,"
Said his father; "don't give yourself airs!
Do you think I can listen all day to such stuff?
Be off, or I'll kick you down stairs!"

Friday, April 24, 2015

Oriental Town Board Official Minutes Of July 3, 2012 Meeting


For those nitpickers who pay attention to the Oriental Town Board, it may prove enlightening to compare the verbatim record of the Board's discussion (July 3, 2012) of closing of Avenue A and South Avenue with the approved minutes.  I find little or no similarity. Here are the official minutes (below). Here is the transcript of the actual recorded discussions.

Town Board Meeting-July 3, 2012 1 of 3 

Town of Oriental Town Board Meeting July 3, 2012 

A regular scheduled meeting of the Town of Oriental Town Board was held at Oriental First Baptist Church, July 3, 2012, beginning at 7:00pm.

Present: Mayor Sage; Commissioners Bessette, Johnson, Summers, Styron, and Venturi; Town Manager Maxbauer; and Bylon Whitsett.


Absent: None Mayor Sage determined that a quorum was present. He opened the meeting and led the Pledge of Allegiance.


MOTION: Commissioner Summers made a motion to approve the agenda as presented. Commissioner Styron seconded. Motion passed. 5-0


MOTION: Commissioner Summers, with regards to the consent agenda, made a motion to approve the minutes from June 4, 2012. Commissioner Venturi seconded. Motion passed. 5-0 The minutes from June 5, 2012 were pulled from the consent agenda for review.


MOTION: Commissioner Venturi made a motion to approve the June 5, 2012 Budget Workshop minutes and the June 5, 2012 Town Board Meeting minutes. Commissioner Summers seconded. Motion passed. 5-0 The minutes from June 11, 2012 were corrected to read in paragraph 5 that Commissioner Venturi made the motion and not Commissioner Bessette.


MOTION: Commissioner Summers made a motion to approve the June 11, 2012 minutes as corrected. Commissioner Bessette seconded. Motion passed. 5-0 The Council discussed the modifications to the Contract Agreement regarding South Avenue/Avenue A. It was noted that all modifications applied only to the attachments.


MOTION: Commissioner Summers made a motion to accept the amendment to the agreement and to authorize and direct the Mayor and Town Clerk to sign it.. Commissioner Venturi seconded. Motion passed. 5-0


MOTION: Commissioner Summers made a motion to open the public hearing. Commissioner Styron seconded. Motion passed. 5-0 The following people spoke at the public hearing for the proposed street closures: Town Board Meeting-July 3, 2012 2 of 3 1. David Cox 2. Barbara Stockton 3. Jim Privette 4. John Zeren 5. Bob Miller 6. Bill Marlowe 7. Bob Pittman 8. Clare Pittman 9. Fay Midgette Bond. 10. David White 11. Marshall Tyler 12. Ken Brandon 13. Ken Midyette 14. Dawn Hines 15. Dee Sage 16. Pat Herlands 17. Irma Bond-Maxbauer 18. Grace Evans 19. Ben Cox 20. Art Tierney 21. Jennifer Roe


MOTION: Commissioner Johnson made a motion to close the public hearing. Commissioner Bessette seconded. Motion passed. 5-0 Mayor Sage reviewed various options for the street right of way closure and acceptance of property. There was some question as to whether or not the transaction would be considered an exchange.


MOTION: Commissioner Summers made a motion to find that none would be deprived of reasonable access to their property and that it is not contrary to the public interest to close Avenue A. Commissioner Styron seconded. Motion passed. 4-ayes (Summers, Venturi, Bessette, Styron) 1-nay (Johnson) Town Manager Maxbauer stated that the town needs to make sure that we retain a public utility easement on Avenue A.


MOTION: Commissioner Summers made a motion to reserve all public utility easements on Avenue A. Commissioner Venturi seconded. Motion passed. 5-0 The town attorney pointed out that the state statute requires ten days notice of an exchange being contemplated by the town board and that a statement of value be included in the notice. Regarding South Avenue, there was some discussion regarding the values in connection with an exchange and whether an independent professional appraisal be made.


MOTION: Commissioner Venturi made a motion to pursue hiring an independent professional appraiser to report back at the next council meeting. Commissioner Johnson seconded. Motion passed. 3-ayes (Venturi, Johnson, Bessette) 2-nays (Summers, Styron) There was some discussion regarding the annexation of property owned by Jerome Buckman. The Town of Oriental Planning Board presented a recommendation to pursue the annexation and zone it as R1. Town Board Meeting-July 3, 2012 3 of 3


MOTION: Commissioner Johnson made a motion to set the public hearing date to hear concerns regarding the annexation for August 7, 2012. Commissioner Styron seconded. Motion passed. 5-0


MOTION: Commissioner Summers made a motion to direct Town Manager Bob Maxbauer to sign the RESOLUTION OF INTENT TO ANNEX PROPERTY OWNED BY JEROME L. AND ELIZABETH M. BUCKMAN, WHICH IS NON-CONTIGUOUS TO THE EXISTING MUNICIPAL BOUNDARIES OF THE TOWN OF ORIENTAL and the RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S.160A- 58.1. Commissioner Venturi seconded. Motion passed. 5-0 During the public comment period, Ben Craven spoke about a fence being removed by the Town. The Town Manager reiterated to Mr. Craven the fence was on Town right of way and removal was an action decision of the Board. The porch encroachment issue on the Baskerville property on Midgette Street was commented on by Al Herlands. The matter of reappointments to the Parks & Recreation Committee were discussed.


MOTION: Commissioner Venturi made a motion to reappoint Sue Magnuson and Jim Edwards. Commissioner Summers seconded. Motion passed. 5-0 There being no further business, Commissioner Bessette made a motion to adjourn. Commissioner Johnson seconded. Motion passed. 5-0. Meeting was adjourned. 

 ______________________________ William R. Sage, Mayor 

 ________________________________ Robert J. Maxbauer, Town Manager