Just before last Tuesday's Town Board meeting, Randy Cahoon handed me an envelope containing the minutes of closed sessions of the Town Board about South Avenue. The Board had agreed to release them at their agenda meeting the previous Thursday.
Randy predicted it might be his last official act.
I plan to review and analyze the minutes in conjunction with my own notes I kept at the time. Afterwards, I will share facts and conclusions with my readers.
Thursday, June 3, 2010
Local Government Commission and Audit
Conspicuously absent from last Tuesday's Town Board Meeting was any discussion of the town's response to the letter from the Local Government Commission requiring correction of four control deficiencies and eight material weaknesses from the most recent audit.
A new audit is just around the bend. The LGC is unlikely to allow these dozen longstanding deficiencies to continue being swept under the rug.
A new audit is just around the bend. The LGC is unlikely to allow these dozen longstanding deficiencies to continue being swept under the rug.
Wednesday, June 2, 2010
Town Board Meeting 1 June 2010: Curious Utterance
There were more than a few curious utterances during last night's Town Board meeting.
One of the most curious was Mayor Sage's explanation to Oriental resident Ron Stevens concerning the delay in removing the fence in the town's right of way at the end of South Avenue. The mayor said that Mr. Henry wants the town to remove the paving on his property at the corner of South Avenue and Avenue A and that Mr. Henry wants to remove certain pieces of the former marine railway from the town's property.
Both claims of Mr. Henry lack merit.
The reason the town has pavement on the corner of Mr. Henry's lot is that the fence Mr. Henry placed in the town's right of way otherwise blocks access by commercial vehicles to Chris Fulcher's property. Has the town consulted either Mr. Fulcher or Mr. Fulcher's attorney about this request?
As for any pieces of equipment remaining on the town's property, Mr. Henry should have removed them in 1992, when his lease to that portion of the town's right of way expired.
This is spelled out in the lease, a copy of which was mailed to Mr. Marvin Jennings, Town Manager of Oriental* by Mr. Henry's attorney, Neil B. Whitford, on September 8, 1982. Mr. Whitford's letter and the accompanying lease are included as Exhibit J to PLAINTIFF TOWN OF ORIENTAL'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT filed by the Town Attorney, Michael Scott Davis*, December 28th, 2007.
After some whereas's, a therefore and a description of the bounds of the property, the lease goes on to say:
"The terms and conditions of the said lease are as follows:
1. Term of the lease shall commence on July 1, 1977 and shall terminate on June 30, 1992.
2. Lessee [Mr. Henry] will pay to lessor [Town of Oriental] a monthly rental in the sum of Thirty Dollars ($30.00) per month, payable on the first day of the month in advance.
3. All improvements and additions to the property made at the expense of the Lessee and any and all improvements and additions not removed by said Lessee upon expiration or termination of this lease will revert to Lessor."
In plain English, Mr. Henry should have removed his stuff on or about June 30, 1992 when the lease expired. It is now the property of the Town of Oriental.
* Some of my readers advise that I am entirely too subtle. They missed the point of the first highlighted text that the Town of Oriental had a Council-Manager form of government in place as early as 1982 and probably before that.
The second point on which I was apparently too subtle was the fact that the lease in question came from a document prepared by the Town Attorney, Scott Davis, who seems not to have remembered it in connection with his current discussions with Mr. Henry's attorney.
A third point I simply omitted from my post, but on reflection the public has a right to know. I recently raised the fence issue and Mr. Henry's deadline with Mr. Cahoon, who had (correctly in my view) taken the position that Mr. Henry must first remove the fence and then we might talk about the pavement on the corner of Mr. Henry's lot.
Judging from the mayor's explanation Tuesday night to Mr. Stevens, he (the mayor) must have overruled the Town Manager. The word "feckless" seems to apply. You can look it up.
As I understand it, Mr. Henry has been given a deadline and has missed it. The town should remove the fence forthwith and send Mr. Henry the bill.
One of the most curious was Mayor Sage's explanation to Oriental resident Ron Stevens concerning the delay in removing the fence in the town's right of way at the end of South Avenue. The mayor said that Mr. Henry wants the town to remove the paving on his property at the corner of South Avenue and Avenue A and that Mr. Henry wants to remove certain pieces of the former marine railway from the town's property.
Both claims of Mr. Henry lack merit.
The reason the town has pavement on the corner of Mr. Henry's lot is that the fence Mr. Henry placed in the town's right of way otherwise blocks access by commercial vehicles to Chris Fulcher's property. Has the town consulted either Mr. Fulcher or Mr. Fulcher's attorney about this request?
As for any pieces of equipment remaining on the town's property, Mr. Henry should have removed them in 1992, when his lease to that portion of the town's right of way expired.
This is spelled out in the lease, a copy of which was mailed to Mr. Marvin Jennings, Town Manager of Oriental* by Mr. Henry's attorney, Neil B. Whitford, on September 8, 1982. Mr. Whitford's letter and the accompanying lease are included as Exhibit J to PLAINTIFF TOWN OF ORIENTAL'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT filed by the Town Attorney, Michael Scott Davis*, December 28th, 2007.
After some whereas's, a therefore and a description of the bounds of the property, the lease goes on to say:
"The terms and conditions of the said lease are as follows:
1. Term of the lease shall commence on July 1, 1977 and shall terminate on June 30, 1992.
2. Lessee [Mr. Henry] will pay to lessor [Town of Oriental] a monthly rental in the sum of Thirty Dollars ($30.00) per month, payable on the first day of the month in advance.
3. All improvements and additions to the property made at the expense of the Lessee and any and all improvements and additions not removed by said Lessee upon expiration or termination of this lease will revert to Lessor."
In plain English, Mr. Henry should have removed his stuff on or about June 30, 1992 when the lease expired. It is now the property of the Town of Oriental.
* Some of my readers advise that I am entirely too subtle. They missed the point of the first highlighted text that the Town of Oriental had a Council-Manager form of government in place as early as 1982 and probably before that.
The second point on which I was apparently too subtle was the fact that the lease in question came from a document prepared by the Town Attorney, Scott Davis, who seems not to have remembered it in connection with his current discussions with Mr. Henry's attorney.
A third point I simply omitted from my post, but on reflection the public has a right to know. I recently raised the fence issue and Mr. Henry's deadline with Mr. Cahoon, who had (correctly in my view) taken the position that Mr. Henry must first remove the fence and then we might talk about the pavement on the corner of Mr. Henry's lot.
Judging from the mayor's explanation Tuesday night to Mr. Stevens, he (the mayor) must have overruled the Town Manager. The word "feckless" seems to apply. You can look it up.
As I understand it, Mr. Henry has been given a deadline and has missed it. The town should remove the fence forthwith and send Mr. Henry the bill.
Town Board Meeting June 1, 2010
The word that comes immediately to mind about Tuesday night's interminable meeting of Oriental's town board is: "deplorable." Then, too, "bizarre" works.
To get a sense of the proceedings, it might help to re-read the court room scene of Alice in Wonderland.
Except unlike Alice, no one woke up at the end.
By all means, read the more detailed account on Town Dock.
To get a sense of the proceedings, it might help to re-read the court room scene of Alice in Wonderland.
Except unlike Alice, no one woke up at the end.
By all means, read the more detailed account on Town Dock.
Sunday, May 30, 2010
Decoration Day
Tomorrow, May 31, 2010, the last Monday in May, is Decoration Day.
You may know it as Memorial Day.
Wikipedia explains: "Memorial Day is a United States federal holiday observed on the last Monday of May (May 31 in 2010). Formerly known as Decoration Day, it commemorates U.S. men and women who died while in the military service.[1] First enacted to honor Union soldiers of the American Civil War (it is celebrated near the day of reunification after the Civil War), it was expanded after World War I."
Many Americans will spend tomorrow shopping. And that's fine.
But please take a little time out to attend one of the Memorial Day observances, such as the one at the Bayboro Court House at 11:00.
And don't forget to vote. Next Thursday One Stop voting starts at the Board of Elections office at Bayboro for the second primary. The May 4th primary won't be completely over until after the second primary on June 22.
Never forget: courageous American patriots died so you would have the right to vote. Honor them by going to the polls.
You may know it as Memorial Day.
Wikipedia explains: "Memorial Day is a United States federal holiday observed on the last Monday of May (May 31 in 2010). Formerly known as Decoration Day, it commemorates U.S. men and women who died while in the military service.[1] First enacted to honor Union soldiers of the American Civil War (it is celebrated near the day of reunification after the Civil War), it was expanded after World War I."
Many Americans will spend tomorrow shopping. And that's fine.
But please take a little time out to attend one of the Memorial Day observances, such as the one at the Bayboro Court House at 11:00.
And don't forget to vote. Next Thursday One Stop voting starts at the Board of Elections office at Bayboro for the second primary. The May 4th primary won't be completely over until after the second primary on June 22.
Never forget: courageous American patriots died so you would have the right to vote. Honor them by going to the polls.
Friday, May 28, 2010
Closed Meeting Minutes
Yesterday evening at Oriental Town Board's monthly agenda workshop, the Board finally addressed closed meeting minutes. Commissioner Johnson moved to open a long list of closed session minutes, including the minutes I had requested. The vote was unanimous.
That's a good move. I hope it becomes more routine.
That's a good move. I hope it becomes more routine.
Wednesday, May 26, 2010
Bay River Again
Yesterday's report in Pamlico Today was good news about Bay River. The state has held off the moratorium on new hookups until June 7, hoping proposed repairs prove successful.
The news doesn't, however, resolve a longstanding issue that needs to be addressed. There is no agreement between the Town of Oriental and Bay River Metropolitan Sewer District obliging BRMSD to provide sewer treatment for new residences or businesses in Oriental, even though the town's Growth Management Ordinance seems to require sewer hookups for new construction and clearly requires it for subdivisions.
At the time Oriental sold its sewage treatment plant to BMRSD, no one thought to protect the Town's interests with a formal agreement. The problem with handshake agreements, though, is that they are only good while the handshakers are still around. Even then, they may not have thought to cover every likely contingency.
We are all mortal. We owe it to our progeny to protect their interests with formal agreements. An interlocal agreement between the Town and Bay River seems in order.
The news doesn't, however, resolve a longstanding issue that needs to be addressed. There is no agreement between the Town of Oriental and Bay River Metropolitan Sewer District obliging BRMSD to provide sewer treatment for new residences or businesses in Oriental, even though the town's Growth Management Ordinance seems to require sewer hookups for new construction and clearly requires it for subdivisions.
At the time Oriental sold its sewage treatment plant to BMRSD, no one thought to protect the Town's interests with a formal agreement. The problem with handshake agreements, though, is that they are only good while the handshakers are still around. Even then, they may not have thought to cover every likely contingency.
We are all mortal. We owe it to our progeny to protect their interests with formal agreements. An interlocal agreement between the Town and Bay River seems in order.
Tuesday, May 25, 2010
Legal Fees
According to today's Pamlico News, the Town of Oriental has so far paid $21,000 in legal fees for a study by an employment attorney of "personnel problems" at Town Hall. It sounds like there is no end in sight.
From Maureen Donald's article, one could deduce that the Town Board has spent $21,000 in order to avoid paying a $25,000 severance package. Few attorneys would recommend that course of action. Is there something else they are trying to protect?
If the object of the attorney's effort was to uncover the truth or obtain evidence, the Board could have done that at little or no expense by exercising their power of investigation:
"§ 160A‑80. Power of investigation; subpoena power.
From Maureen Donald's article, one could deduce that the Town Board has spent $21,000 in order to avoid paying a $25,000 severance package. Few attorneys would recommend that course of action. Is there something else they are trying to protect?
If the object of the attorney's effort was to uncover the truth or obtain evidence, the Board could have done that at little or no expense by exercising their power of investigation:
"§ 160A‑80. Power of investigation; subpoena power.
(a) The council shall have power to investigate the affairs of the city, and for that purpose may subpoena witnesses, administer oaths, and compel the production of evidence.
(b) If a person fails or refuses to obey a subpoena issued pursuant to this section, the council may apply to the General Court of Justice for an order requiring that its order be obeyed, and the court shall have jurisdiction to issue these orders after notice to all proper parties. No testimony of any witness before the council pursuant to a subpoena issued in exercise of the power conferred by this section may be used against him on the trial of any civil or criminal action other than a prosecution for false swearing committed on the examination. If any person, while under oath at an investigation by the council, willfully swears falsely, he is guilty of a Class 1 misdemeanor."
The only downside is that allegations would have to be made and responded to in the light of day rather than in the shadows.
Secrecy can be expensive.
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