South Avenue Fence - Not Down Yet

For some reason, the town's hired contractor left fifty feet of Mr. Henry's fence standing. It intrudes about twenty feet into the 30-foot wide right of way for Avenue A. The fence encompasses approximately a thousand square feet that does not belong to Mr. Henry and constitutes a major obstruction to Avenue A.

Last year's decision by the NC Court of Appeals makes it crystal clear that Mr. Henry has no plausible claim to any portion of any street shown on the Oriental Bulkhead Improvement Company plat, including both Avenue A and South Avenue.

Joe Himbry - A Life Well Lived: 1941-2010

We celebrated a life well lived today. Joseph Otto Himbry, Jr. was an example to us all. He devoted his life to serving the people of this county in ways large and small. He was a talented, persistent and effective visionary.

Friends and classmates came from as far away as Ohio and Pennsylvania to say farewell and lay him to rest.

He will be sorely missed.

Fear and Intolerance

Nicholas Kristoff in today's New York Times reminds us of our history of intolerance based on fear and demagoguery.

For those concerned about the current wave of intolerance, he points out that we have been there before. In fact, I would add a few examples of fear and intolerance to Mr. Kristoff's list. Still, most of us eventually return to our central tradition of tolerance.

Lessons from Sandlot Baseball

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.

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.

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.

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.

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.