We have suffered through another lovely weekend here in Oriental, NC at the water's edge. It's a tough life, but someone has to do it.
That's why we have to be particularly vigilant to protect the streets which provide public access to public trust waters and remind town government that it has no power to sell or barter the streets it holds in trust for the benefit of the public.
Sunday, June 10, 2012
Saturday, June 9, 2012
Oriental Noise Ordinance
Tuesday night at the meeting of the Town Board, during the public hearing concerning the Steamer's special use permit request, noise complaints were discussed. When asked, our acting police chief reported that he had received three recent noise complaints concerning the Steamer. Someone asked whether he had measured the noise level with the dB meter. Mr. Moore responded that, at that time of night he didn't need to.
That may confuse some of our citizens who remember the struggle about four years ago to modify the noise ordinance in effect at the time.
Four years ago, the Town Board engaged in a protracted effort to craft an amended noise ordinance that balanced the uncertainty facing businesses and musicians (caused by the fact that the previous ordinance established the standard that if a neighbor complained, the sound was ipso facto too loud) with the reasonable interest of residents to be allowed to enjoy peaceful uses of their residences. We sought to accomplish this by establishing a measurable, objective standard for the operation of sound amplification equipment. For such equipment, acceptable sound levels were set at a maximum of 65 dBA +/- 2dBA between the hours of 9:00 a.m. and 9:00 p.m. Permissible levels were set at 60 dBA between the hours of 9:00p.m. and 9:00 a.m. In both cases, the measurement was to be at an exterior portion of the dwelling of the person making the complaint.
Exceptions may be granted up to four times a year at any place of business, allowing on these special occasions sound levels up to 75 dBA from 9:00 a.m. to 9:00 p.m. and 70 dBA from 9:00 p.m. to midnight, also measured at an exterior location of the complainant's residence. In no case can the sound level exceed 92 dBA +/- 2 dBA when measured at a distance of 20 feet from the source.
Mr. Moore may be relying on Article II Section 1, which declares it "unlawful for any person or group of persons "to willfully make, continue, or cause to be made or continued, any unreasonable loud or disturbing noise...." As written, the ordinance only requires dB measurements for use of sound amplification equipment.
It might be a good idea for the Town Board to revisit this ordinance with a view to removing any residual ambiguity.
That may confuse some of our citizens who remember the struggle about four years ago to modify the noise ordinance in effect at the time.
Four years ago, the Town Board engaged in a protracted effort to craft an amended noise ordinance that balanced the uncertainty facing businesses and musicians (caused by the fact that the previous ordinance established the standard that if a neighbor complained, the sound was ipso facto too loud) with the reasonable interest of residents to be allowed to enjoy peaceful uses of their residences. We sought to accomplish this by establishing a measurable, objective standard for the operation of sound amplification equipment. For such equipment, acceptable sound levels were set at a maximum of 65 dBA +/- 2dBA between the hours of 9:00 a.m. and 9:00 p.m. Permissible levels were set at 60 dBA between the hours of 9:00p.m. and 9:00 a.m. In both cases, the measurement was to be at an exterior portion of the dwelling of the person making the complaint.
Exceptions may be granted up to four times a year at any place of business, allowing on these special occasions sound levels up to 75 dBA from 9:00 a.m. to 9:00 p.m. and 70 dBA from 9:00 p.m. to midnight, also measured at an exterior location of the complainant's residence. In no case can the sound level exceed 92 dBA +/- 2 dBA when measured at a distance of 20 feet from the source.
Mr. Moore may be relying on Article II Section 1, which declares it "unlawful for any person or group of persons "to willfully make, continue, or cause to be made or continued, any unreasonable loud or disturbing noise...." As written, the ordinance only requires dB measurements for use of sound amplification equipment.
It might be a good idea for the Town Board to revisit this ordinance with a view to removing any residual ambiguity.
Friday, June 8, 2012
South Avenue Petition
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.
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.
Thursday, June 7, 2012
70 Years Ago: June 7, 1942 - Elsewhere In The War
It was just about first light when Yorktown rolled over and sank not far from Midway. Elsewhere, the war went on:
June 7, Sun.
General
Command of naval forces is reallocated: Atlantic and Pacific Fleets, Sea Frontiers, and Special Task Forces are placed directly under Commander in Chief U.S. Fleet and Chief of Naval Operations; Naval Local Defense Forces, Naval Transportation Service, Special Duty Ships, and Naval District Craft are made responsible to Vice Chief of Naval Operations.
Pacific
Submarine tender Fulton (AS-11), sent out from Pearl Harbor for the purpose, takes on board 2,015 Yorktown (CV-5) survivors at sea; light minelayer Breese (DM-18) embarks 84; destroyer Allen (DD-66) 94.
Submarine Grouper (SS-214) is bombed (but not damaged) by USAAF B-17s.
Japanese Kiska Occupation Force (Captain Ono Takeji) occupies Kiska, Aleutians, without opposition.
U.S. freighter Coast Trader is torpedoed and sunk by Japanese submarine I-26 about 35 miles southwest of Cape Flattery, Washington, 48°19'N, 125°40'W. Coast Guard plane (V-206) guides Canadian corvette HMCS Edmundston to the scene; Edmundston and fishing boat Virginia I rescue survivors, who include the 37-man crew and 19-man Armed Guard. One crewman dies of exposure before the survivors can be picked up.
Damaged U.S. freighter George Cylmer, torpedoed the day before, is reboarded by her crew.
Atlantic
Small seaplane tender Gannet (AVP-8) is torpedoed and sunk by German submarine U-652 off Bermuda, 35°50'N, 65°38'W.
U.S. tanker Esso Montpelier rescues the six survivors from freighter Illinois, torpedoed and sunk by German submarine U-172 on 1 June.
Caribbean
Unarmed U.S. freighter Edith is torpedoed and sunk by German submarine U-159, 14°33'N, 74°35'W. Two crewmen perish in the attack, the remainder (29 men) gather on board one lifeboat and two rafts. U-159 conducts a brief interrogation of the survivors, provide them with directions to the nearest land, and gather floating supplies before departing. Within a week's time, Edith's survivors reach Black River, Jamaica.
Unarmed U.S. freighter Suwied is torpedoed and sunk by German submarine U-107 southeast of the Yucatan Channel, 20°00'N, 84°48'W; 26 of the 32-man crew, and the ship's one passenger, survive the sinking.
June 7, Sun.
General
Command of naval forces is reallocated: Atlantic and Pacific Fleets, Sea Frontiers, and Special Task Forces are placed directly under Commander in Chief U.S. Fleet and Chief of Naval Operations; Naval Local Defense Forces, Naval Transportation Service, Special Duty Ships, and Naval District Craft are made responsible to Vice Chief of Naval Operations.
Pacific
Submarine tender Fulton (AS-11), sent out from Pearl Harbor for the purpose, takes on board 2,015 Yorktown (CV-5) survivors at sea; light minelayer Breese (DM-18) embarks 84; destroyer Allen (DD-66) 94.
Submarine Grouper (SS-214) is bombed (but not damaged) by USAAF B-17s.
Japanese Kiska Occupation Force (Captain Ono Takeji) occupies Kiska, Aleutians, without opposition.
U.S. freighter Coast Trader is torpedoed and sunk by Japanese submarine I-26 about 35 miles southwest of Cape Flattery, Washington, 48°19'N, 125°40'W. Coast Guard plane (V-206) guides Canadian corvette HMCS Edmundston to the scene; Edmundston and fishing boat Virginia I rescue survivors, who include the 37-man crew and 19-man Armed Guard. One crewman dies of exposure before the survivors can be picked up.
Damaged U.S. freighter George Cylmer, torpedoed the day before, is reboarded by her crew.
Atlantic
Small seaplane tender Gannet (AVP-8) is torpedoed and sunk by German submarine U-652 off Bermuda, 35°50'N, 65°38'W.
U.S. tanker Esso Montpelier rescues the six survivors from freighter Illinois, torpedoed and sunk by German submarine U-172 on 1 June.
Caribbean
Unarmed U.S. freighter Edith is torpedoed and sunk by German submarine U-159, 14°33'N, 74°35'W. Two crewmen perish in the attack, the remainder (29 men) gather on board one lifeboat and two rafts. U-159 conducts a brief interrogation of the survivors, provide them with directions to the nearest land, and gather floating supplies before departing. Within a week's time, Edith's survivors reach Black River, Jamaica.
Unarmed U.S. freighter Suwied is torpedoed and sunk by German submarine U-107 southeast of the Yucatan Channel, 20°00'N, 84°48'W; 26 of the 32-man crew, and the ship's one passenger, survive the sinking.
Wednesday, June 6, 2012
Oriental Town Board Meeting June 5
A few things learned at last night's meeting of Oriental's Town Board.
1. The town manager has advertised for two full time police positions for the town;
2. The town manager is interviewing applicants for a position as assistant clerk;
3. The town board approved the issuance of a special use permit to the Steamer restaurant to add gaming as a category of use, subject to keeping the front door closed and removing the sidewalk tables, in order to reduce noise in the neighborhood. Some board members and members of the public attempted to expand the discussion to the question of whether the Steamer should be allowed to remain open to serve liquor as late as 2:00 a.m. At least two commissioners thought that was too late and one has promised to introduce a measure that would close all bars in town at an earlier hour. The mayor rightly ruled that such a discussion was outside the scope of last night's public hearing, which was a quasi-judicial proceeding limited to the special use permit request.
In side discussions after the meeting, some observed that the town's requirement for two police officers is somewhat driven by the fact that Oriental is the only municipality in Pamlico County allowing sale of liquor by the drink.
1. The town manager has advertised for two full time police positions for the town;
2. The town manager is interviewing applicants for a position as assistant clerk;
3. The town board approved the issuance of a special use permit to the Steamer restaurant to add gaming as a category of use, subject to keeping the front door closed and removing the sidewalk tables, in order to reduce noise in the neighborhood. Some board members and members of the public attempted to expand the discussion to the question of whether the Steamer should be allowed to remain open to serve liquor as late as 2:00 a.m. At least two commissioners thought that was too late and one has promised to introduce a measure that would close all bars in town at an earlier hour. The mayor rightly ruled that such a discussion was outside the scope of last night's public hearing, which was a quasi-judicial proceeding limited to the special use permit request.
In side discussions after the meeting, some observed that the town's requirement for two police officers is somewhat driven by the fact that Oriental is the only municipality in Pamlico County allowing sale of liquor by the drink.
Was The United States Prepared For War With Japan?
The standard narrative of WWII, repeated by most historians and widely accepted as gospel, is that the US was not prepared for war. Hogwash.
I realized it was hogwash when I first learned, about half a century ago, that the ships moored at Pearl Harbor that Sunday morning managed to fire their anti-aircraft weapons at attacking aircraft within four minutes of the attack. That actually demonstrates a very high level of combat readiness.
Admiral Nagumo, officer in tactical command of the Japanese carrier attack, didn't think the US Navy was unprepared. He was surprised at how little advantage accrued to him from the element of surprise. Nor did the Japanese midget submarines find the US unprepared. Only one of the five managed to fire its torpedoes. All were destroyed.
Ten percent of the attacking Japanese aircraft were destroyed by Pearl Harbor's defenders. Three months later, when Doolittle's sixteen B-25's attacked Tokyo and other cities, none was destroyed by defenders.
Another part of the standard narrative is that the US Navy in the Pacific cowered in defensive mode until Midway. If you've been paying attention to my posts, you know that wasn't so, either.
You might want to read some early after action reports. Then reflect on what these reports reveal about the level of readiness and the professionalism of our navy and marine corps in 1941. For myself, I find it awesome:
Enterprise Carrier Air Group Commander Report Dec 7 1941.
Preliminary Report USS Lexington Loss In Action.
USS Yorktown (CV-5) Loss In Action.
Admiral King Report.
I realized it was hogwash when I first learned, about half a century ago, that the ships moored at Pearl Harbor that Sunday morning managed to fire their anti-aircraft weapons at attacking aircraft within four minutes of the attack. That actually demonstrates a very high level of combat readiness.
Admiral Nagumo, officer in tactical command of the Japanese carrier attack, didn't think the US Navy was unprepared. He was surprised at how little advantage accrued to him from the element of surprise. Nor did the Japanese midget submarines find the US unprepared. Only one of the five managed to fire its torpedoes. All were destroyed.
Ten percent of the attacking Japanese aircraft were destroyed by Pearl Harbor's defenders. Three months later, when Doolittle's sixteen B-25's attacked Tokyo and other cities, none was destroyed by defenders.
Another part of the standard narrative is that the US Navy in the Pacific cowered in defensive mode until Midway. If you've been paying attention to my posts, you know that wasn't so, either.
You might want to read some early after action reports. Then reflect on what these reports reveal about the level of readiness and the professionalism of our navy and marine corps in 1941. For myself, I find it awesome:
Enterprise Carrier Air Group Commander Report Dec 7 1941.
Preliminary Report USS Lexington Loss In Action.
USS Yorktown (CV-5) Loss In Action.
Admiral King Report.
June 6, 1944: D-Day
About fifteen years ago, my wife and I visited the landing beaches at Normandy on the anniversary of the allied landing in 1944. It remains an awesome sight, especially at Omaha Beach.
Photographs of the landing site, especially the remains of the "Mulberries" - the concrete caissons forming an enormous artificial breakwater - don't convey the scale of the operation. You need to see it with your own eyes.
Photographs of the landing site, especially the remains of the "Mulberries" - the concrete caissons forming an enormous artificial breakwater - don't convey the scale of the operation. You need to see it with your own eyes.
70 Years Ago: June 6, 1942: USS Yorktown
First light: USS Yorktown still afloat, 36 hours after ship was abandoned. Destroyers Hughes and Hammann standing by to assist. Ship still has no electrical power and no ability to pump water, but list appears no worse and no sign of further sinking.
Meanwhile, Captain Buckmaster had selected a salvage party of 29 officers and 141 men to return to the ship in an attempt to save her. Five destroyers formed an antisubmarine screen while the salvage party boarded the listing carrier about noon. They found a fire still smouldering in one compartment. USS Hammann came alongside and started supplying electrical power and pumps.
Yorktown's repair party followed a carefully predetermined plan of action to be carried out by men from each department - damage control, gunnery air engineering, navigation, communication, supply and medical.
By mid-afternoon, efforts were paying off. The process of reducing topside weight was proceeding well - one 5-inch (127 mm) gun had been dropped over the side, and a second was ready to be cast loose; planes had been pushed over the side; the submersible pumps (powered by electricity provided by Hammann) had pumped a lot of water out of the engineering spaces. The efforts of the salvage crew had reduced the list about two degrees. Removing weight high in the ship had a greater proportional benefit for stability - hence the effort to remove the guns, mounted alongside the flight deck.
In the meantime, Yamamoto had dispatched submarine I-168 to locate and sink the damaged carrier. The submarine eluded the destroyer screen, found her target and about 3:35 that afternoon, fired four torpedoes. One missed, two hit Yorktown and one struck Hammann, immediately sinking the destroyer.
USS Hammann (DD-412) sinking with stern high, after being torpedoed by Japanese submarine I-168
Once again, the crew abandoned Yorktown, planning to return the following day to continue salvage efforts. About 5:00 the following morning, Yorktown rolled over on her port side and sank in 3,000 fathoms of water.
Task Force 16 was well to the west, searching for Yamamoto's fleet, and sinking a few Japanese surface ships.
Meanwhile, Captain Buckmaster had selected a salvage party of 29 officers and 141 men to return to the ship in an attempt to save her. Five destroyers formed an antisubmarine screen while the salvage party boarded the listing carrier about noon. They found a fire still smouldering in one compartment. USS Hammann came alongside and started supplying electrical power and pumps.
Yorktown's repair party followed a carefully predetermined plan of action to be carried out by men from each department - damage control, gunnery air engineering, navigation, communication, supply and medical.
By mid-afternoon, efforts were paying off. The process of reducing topside weight was proceeding well - one 5-inch (127 mm) gun had been dropped over the side, and a second was ready to be cast loose; planes had been pushed over the side; the submersible pumps (powered by electricity provided by Hammann) had pumped a lot of water out of the engineering spaces. The efforts of the salvage crew had reduced the list about two degrees. Removing weight high in the ship had a greater proportional benefit for stability - hence the effort to remove the guns, mounted alongside the flight deck.
In the meantime, Yamamoto had dispatched submarine I-168 to locate and sink the damaged carrier. The submarine eluded the destroyer screen, found her target and about 3:35 that afternoon, fired four torpedoes. One missed, two hit Yorktown and one struck Hammann, immediately sinking the destroyer.
Once again, the crew abandoned Yorktown, planning to return the following day to continue salvage efforts. About 5:00 the following morning, Yorktown rolled over on her port side and sank in 3,000 fathoms of water.
Task Force 16 was well to the west, searching for Yamamoto's fleet, and sinking a few Japanese surface ships.
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