Here are some lessons learned from sandlot baseball:
1. When team captains choose up sides, you don't have to play;
2. If you do play, give it your best effort;
3. Always keep your eye on the ball;
4. When you step up to the plate, don't just rest the bat on your shoulder;
5. If you get on base, don't just stand there;
6. The object of the game is to score - not just avoid being thrown out;
7. You leave the safety of one base to reach the next;
8. You don't win - the team does.
Tuesday, August 31, 2010
Monday, August 30, 2010
South Avenue: The Fence is Coming Down
After eight years of litigation, loss at summary judgment, victory on appeal sustained by the NC Supreme Court, and six months after Judge Crow signed the final order granting ownership to the Town of Oriental, the fence across the South Avenue right-of-way blocking public access to the water is coming down.
This morning, a contractor hired by the Town began cleaning out the debris left behind when Neuse Ways Company ceased operation of its marine railway. By tomorrow, it may be possible for the public to walk right down to the water, as they were able to do in past decades.
This is a time to celebrate.
This morning, a contractor hired by the Town began cleaning out the debris left behind when Neuse Ways Company ceased operation of its marine railway. By tomorrow, it may be possible for the public to walk right down to the water, as they were able to do in past decades.
This is a time to celebrate.
Saturday, August 28, 2010
The Filibuster
The U.S. Senate always called itself "the world's greatest deliberative body," even in the 19th century, when seats were fairly blatantly purchased. (Until 1913, senators were elected by state legislatures.)
Even after 1913, the Senate has been arguably the least representative legislative body in the Western world. Because each state has two senators, a senator from California, for example, represents thirty times as many people as a senator from Wyoming.
This problem isn't going to be fixed. It is built into our Constitution.
But rules of procedure in the senate aren't determined by the Constitution. They have evolved in recent years to a situation where any senator can prevent the senate from considering any particular bill simply by filing a piece of paper.
Norman Ornstein, a resident scholar at the conservative American Enterprise Institute, has made a reasonable proposal in the New York Times that might unclog the senate. A central feature of his proposal would be to bring back the "Mr. Smith Goes to Washington" style of filibuster. When filibusters were done that way, they were remarkably rare.
I think it is a good idea and would greatly improve the public image of the senate. It might also help get things done.
Even after 1913, the Senate has been arguably the least representative legislative body in the Western world. Because each state has two senators, a senator from California, for example, represents thirty times as many people as a senator from Wyoming.
This problem isn't going to be fixed. It is built into our Constitution.
But rules of procedure in the senate aren't determined by the Constitution. They have evolved in recent years to a situation where any senator can prevent the senate from considering any particular bill simply by filing a piece of paper.
Norman Ornstein, a resident scholar at the conservative American Enterprise Institute, has made a reasonable proposal in the New York Times that might unclog the senate. A central feature of his proposal would be to bring back the "Mr. Smith Goes to Washington" style of filibuster. When filibusters were done that way, they were remarkably rare.
I think it is a good idea and would greatly improve the public image of the senate. It might also help get things done.
End "Complaint-Based System"
If I were asked what qualities or views I would seek in a new Town manager, at the top of my list would be the abandonment of the "complaint-based system" concept.
Our Town manager, the Chief of Police, the Mayor, and other elected and appointed officials keep reciting the mantra that we have a complaint based system of enforcing the Town's ordinances. If this is true, we should abandon the system.
Otherwise, we set neighbor against neighbor.
We saw the consequences of "complaint-based system" last Thursday. The Board of Commissioners seemed unable to resolve a neighborhood dispute, even after spending $1500 that was not budgeted.
If there arise in the course of Town affairs disputes between neighbors, the proper place to resolve such disputes is the courthouse in Bayboro. The Board of Commissioners is not a court and cannot rule in favor of one or the other disputant. What the Town Board is supposed to do, is make the rules (ordinances) that apply to everyone and rely on the Town manager and subordinate departments for enforcement.
Requiring a complaint to initiate enforcement results in inherently inconsistent, arbitrary and unfair enforcement.
If the Town is not going to enforce an ordinance, the Board shouldn't pass it. If an unenforceable or unenforced ordinance remains on the books, it should be repealed. (I tried to do that last year with the chicken ordinance, without success).
Then the Police Chief, the Town Manager, etc. could simply enforce the ordinance anywhere in town against any resident, owner or business, without requiring a citizen complaint.
All too often, when a citizen complaint initiates action, another citizen makes a counter complaint and the Town Board members choose up sides, perhaps based on personal animosities or likes and dislikes, rather than enforcement of existing ordinances or judging what new ordinances or amendments are best for the Town.
That's no way to run a government.
Our Town manager, the Chief of Police, the Mayor, and other elected and appointed officials keep reciting the mantra that we have a complaint based system of enforcing the Town's ordinances. If this is true, we should abandon the system.
Otherwise, we set neighbor against neighbor.
We saw the consequences of "complaint-based system" last Thursday. The Board of Commissioners seemed unable to resolve a neighborhood dispute, even after spending $1500 that was not budgeted.
If there arise in the course of Town affairs disputes between neighbors, the proper place to resolve such disputes is the courthouse in Bayboro. The Board of Commissioners is not a court and cannot rule in favor of one or the other disputant. What the Town Board is supposed to do, is make the rules (ordinances) that apply to everyone and rely on the Town manager and subordinate departments for enforcement.
Requiring a complaint to initiate enforcement results in inherently inconsistent, arbitrary and unfair enforcement.
If the Town is not going to enforce an ordinance, the Board shouldn't pass it. If an unenforceable or unenforced ordinance remains on the books, it should be repealed. (I tried to do that last year with the chicken ordinance, without success).
Then the Police Chief, the Town Manager, etc. could simply enforce the ordinance anywhere in town against any resident, owner or business, without requiring a citizen complaint.
All too often, when a citizen complaint initiates action, another citizen makes a counter complaint and the Town Board members choose up sides, perhaps based on personal animosities or likes and dislikes, rather than enforcement of existing ordinances or judging what new ordinances or amendments are best for the Town.
That's no way to run a government.
Friday, August 27, 2010
Citizens Voter Registration Awareness Month
Governor Perdue has proclaimed September 2010 as Citizens Voter Registration Awareness Month. The goal is to provide North Carolina citizens with every opportunity to register to vote.
This is a statewide effort, conducted by County Boards of Elections. We will be working on the details at our next meeting of the County Board.
This is a statewide effort, conducted by County Boards of Elections. We will be working on the details at our next meeting of the County Board.
Thursday, August 26, 2010
Special Meeting of Oriental Town Board Aug 26
Oriental's Town Board met at 4:00 p.m. today, August 26, 2010 in special session. Commissioner Styron was unable to attend.
The main reason for calling the meeting - to appoint an interim Town Manager - was delayed until the end of the meeting. Items were discussed as follows:
1. Bay River Metropolitan Sewer District and the Town of Oriental continue to negotiate in an attempt to conclude an interlocal agreement. The main issue is the price the Town charges Bay River to provide billing services, including collecting payments and remitting them to the utility. About two years ago, at the recommendation of the Town's representative on Bay River's Board (Nancy Inger) the Town increased the monthly fee to $1.50 per household. Bay River proposed an agreement that would freeze this rate for five years. The previous board found that unacceptable and wanted to set a level that would not lose money. They also wanted to establish an automatic escalator clause in case Bay River were to increase their rates. Negotiations have been going on for more than a year. The absence of a contract was identified in last year's audit as a control deficiency.
2. South Water Street. The Board played "kick the can" with this issue as well. The Town retained a surveyor who had never surveyed in Oriental or perhaps even in Pamlico County, to determine where South Water Street's right of way lies in hopes of resolving a neighborhood dispute. The report, which arrived today, described how the R/W line was surveyed and marked. Now the contentious issue is "how wide is it?" The surveyor reports some maps show it 36' wide, some 40', some 45' and at least one shows the R/W as 60.' He marked the R/W with stakes at a width of 40'. The Board decided to table the issue until next week's agenda meeting, though it was unclear exactly what was tabled. Commissioners Bohmert and Roe advocated just setting the R/W width at 36' since this width was encompassed within all of the possible widths. This was rejected by Commissioners Johnson and Venturi. Mayor Sage broke the tie, voting with Johnson and Venturi.
My opinion, for what it's worth, is that a surveyor familiar with Oriental and its history would have given far greater weight to the original survey of 1900, which shows the width as 36'. Another factor to consider is that if the Town tries to claim a wider R/W than 36', they may have difficulty defending it in court. The survey has already cost the Town $1200.
3. South Avenue Right of Way. Mayor Sage reported that he has met with Mr. Lacy Henry. Mr. Henry has "given the Town permission" to remove the fence. Why the Town needs Mr. Henry's permission to remove a fence in the Town's R/W was not explained. Heidi Artley reported she has received one bid from a contractor to remove the fence at a cost of $1200. Two more bids are expected. Some of the commissioners seemed unaware that a decision had been made to hire a contractor for this job. No mention was made of whether the Town would send the bill to Mr. Henry. Some mention was made of the contractor cleaning up debris and identifying items of historical interest. As I reported here three months ago, the items of greatest historical interest disappeared not long after the judge signed his order. Removed by a person or persons unknown.
Incidentally, one of the commissioners reported some time ago an interest in a grant application, which opened June 15. Well, that deadline (Boating Infrastructure Grant program) has passed and nothing was submitted. What will it take to get some action?
4. Amendment to Town Charter. It was Alice DeBaun who provided information that the Town had adopted an ordinance in 1997 amending the Town Charter to Council-Manager form of government. Apparently for some reason it wasn't filed with the Secretary of State and the Legislative Library. I informed the Board that a similar circumstance appears to exist concerning the amendment to have five commissioners instead of three.
It was the council-manager amendment to the charter that required the Board to appoint an interim manager. They went into closed session to discuss personnel, even though Commissioner Roe tried to make a nomination in open session.
Following the closed session, Commissioner Venturi moved to appoint Heidi Artley as interim manager, seconded by Commissioner Johnson. Commissioners Bohmert and Roe voted against the motion. Mayor Sage broke the tie by voting in favor.
In his closing remarks, Mayor Sage said this is a major step to "making right" what we did during a nearly three month interim, in the mistaken impression that the Town had a mayor-council form of government.
The meeting adjourned at 6:00 p.m.
The main reason for calling the meeting - to appoint an interim Town Manager - was delayed until the end of the meeting. Items were discussed as follows:
1. Bay River Metropolitan Sewer District and the Town of Oriental continue to negotiate in an attempt to conclude an interlocal agreement. The main issue is the price the Town charges Bay River to provide billing services, including collecting payments and remitting them to the utility. About two years ago, at the recommendation of the Town's representative on Bay River's Board (Nancy Inger) the Town increased the monthly fee to $1.50 per household. Bay River proposed an agreement that would freeze this rate for five years. The previous board found that unacceptable and wanted to set a level that would not lose money. They also wanted to establish an automatic escalator clause in case Bay River were to increase their rates. Negotiations have been going on for more than a year. The absence of a contract was identified in last year's audit as a control deficiency.
2. South Water Street. The Board played "kick the can" with this issue as well. The Town retained a surveyor who had never surveyed in Oriental or perhaps even in Pamlico County, to determine where South Water Street's right of way lies in hopes of resolving a neighborhood dispute. The report, which arrived today, described how the R/W line was surveyed and marked. Now the contentious issue is "how wide is it?" The surveyor reports some maps show it 36' wide, some 40', some 45' and at least one shows the R/W as 60.' He marked the R/W with stakes at a width of 40'. The Board decided to table the issue until next week's agenda meeting, though it was unclear exactly what was tabled. Commissioners Bohmert and Roe advocated just setting the R/W width at 36' since this width was encompassed within all of the possible widths. This was rejected by Commissioners Johnson and Venturi. Mayor Sage broke the tie, voting with Johnson and Venturi.
My opinion, for what it's worth, is that a surveyor familiar with Oriental and its history would have given far greater weight to the original survey of 1900, which shows the width as 36'. Another factor to consider is that if the Town tries to claim a wider R/W than 36', they may have difficulty defending it in court. The survey has already cost the Town $1200.
3. South Avenue Right of Way. Mayor Sage reported that he has met with Mr. Lacy Henry. Mr. Henry has "given the Town permission" to remove the fence. Why the Town needs Mr. Henry's permission to remove a fence in the Town's R/W was not explained. Heidi Artley reported she has received one bid from a contractor to remove the fence at a cost of $1200. Two more bids are expected. Some of the commissioners seemed unaware that a decision had been made to hire a contractor for this job. No mention was made of whether the Town would send the bill to Mr. Henry. Some mention was made of the contractor cleaning up debris and identifying items of historical interest. As I reported here three months ago, the items of greatest historical interest disappeared not long after the judge signed his order. Removed by a person or persons unknown.
Incidentally, one of the commissioners reported some time ago an interest in a grant application, which opened June 15. Well, that deadline (Boating Infrastructure Grant program) has passed and nothing was submitted. What will it take to get some action?
4. Amendment to Town Charter. It was Alice DeBaun who provided information that the Town had adopted an ordinance in 1997 amending the Town Charter to Council-Manager form of government. Apparently for some reason it wasn't filed with the Secretary of State and the Legislative Library. I informed the Board that a similar circumstance appears to exist concerning the amendment to have five commissioners instead of three.
It was the council-manager amendment to the charter that required the Board to appoint an interim manager. They went into closed session to discuss personnel, even though Commissioner Roe tried to make a nomination in open session.
Following the closed session, Commissioner Venturi moved to appoint Heidi Artley as interim manager, seconded by Commissioner Johnson. Commissioners Bohmert and Roe voted against the motion. Mayor Sage broke the tie by voting in favor.
In his closing remarks, Mayor Sage said this is a major step to "making right" what we did during a nearly three month interim, in the mistaken impression that the Town had a mayor-council form of government.
The meeting adjourned at 6:00 p.m.
Oriental Audit News
In case you missed it - the annual audit of the Town of Oriental started Tuesday, August 24. It should be completed by Thursday.
Wednesday, August 25, 2010
Instant Runoff Voting
Just got back from State Board of Elections training in Asheville.
The weather was lovely, though walking up those hills certainly challenged this flatlander's legs.
Yesterday while I was being trained, the State Board of Elections held a well-publicized meeting, packed with press and TV. The media wanted to learn what action the State Board would take concerning failure of the governor's campaign to report a number of private plane flights. As soon as they learned the outcome, most left.
They missed a very important story - the election of a replacement for Judge Jim Wynn of the NC Court of Appeals, recently appointed to the federal bench. Judge Wynn's appointment created a vacancy "less than 64 days before the date of the second primary." Under state law adopted in 2006, this mandates an election to fill the vacancy, on the same day as the election for members of the General Assembly, using "instant runoff voting."
This requires voters to rank their choices. If one candidate doesn't win a majority of votes on the first round of counting, then the second or possibly third choice votes will be counted. A very clever system to avoid calling a special election.
The filing period opened yesterday and will close August 31. We won't know how many candidates there are until then.
If there are more than two candidates, North Carolina will become the first state in the nation to hold an instant runoff for a statewide election.
Details to follow.
The weather was lovely, though walking up those hills certainly challenged this flatlander's legs.
Yesterday while I was being trained, the State Board of Elections held a well-publicized meeting, packed with press and TV. The media wanted to learn what action the State Board would take concerning failure of the governor's campaign to report a number of private plane flights. As soon as they learned the outcome, most left.
They missed a very important story - the election of a replacement for Judge Jim Wynn of the NC Court of Appeals, recently appointed to the federal bench. Judge Wynn's appointment created a vacancy "less than 64 days before the date of the second primary." Under state law adopted in 2006, this mandates an election to fill the vacancy, on the same day as the election for members of the General Assembly, using "instant runoff voting."
This requires voters to rank their choices. If one candidate doesn't win a majority of votes on the first round of counting, then the second or possibly third choice votes will be counted. A very clever system to avoid calling a special election.
The filing period opened yesterday and will close August 31. We won't know how many candidates there are until then.
If there are more than two candidates, North Carolina will become the first state in the nation to hold an instant runoff for a statewide election.
Details to follow.
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