Absurdity, n.: A statement or belief manifestly inconsistent with one's own opinion.
Ambrose Bierce (The Devil's Dictionary)
Friday, February 26, 2010
County Commissioners Meeting
Not very many people attend County Commissioners meetings in Bayboro. That's too bad, because it's possible to learn a great deal about county issues and how county government deals with them.
In an earlier post, I noted Mr. Himbry's economic development proposal for a center for internet-based businesses.
There were two other items on the Feb 15 agenda that caught my interest.
County Sheriff Bill Sawyer presented a proposal to lower the speed limit on Hwy 306N near the Head Start School. During the ensuing discussion, he disclosed that the Sheriff's Department does not have either a certified radar system or certified operators. The implications for Oriental are that if we want enforcement for our speed limits, we will have to use our own certified equipment and operators.
In another matter, the county's auditor, Mr. Greg Adams, revealed that there had been several budget violations during the budget year. The audit also recalculated the County's unrestricted fund balance. During the previous budget year, the County's fund balance was reported as 38 per cent. This was apparently erroneous. For the most recent audit, the fund balance was recalculated as 22 per cent. The auditor also restated some fixed asset accounts.
Next Monday (Mar 1), County Commissioners will address whether to authorize solicitation of proposals for auditing services for the coming year.
In an earlier post, I noted Mr. Himbry's economic development proposal for a center for internet-based businesses.
There were two other items on the Feb 15 agenda that caught my interest.
County Sheriff Bill Sawyer presented a proposal to lower the speed limit on Hwy 306N near the Head Start School. During the ensuing discussion, he disclosed that the Sheriff's Department does not have either a certified radar system or certified operators. The implications for Oriental are that if we want enforcement for our speed limits, we will have to use our own certified equipment and operators.
In another matter, the county's auditor, Mr. Greg Adams, revealed that there had been several budget violations during the budget year. The audit also recalculated the County's unrestricted fund balance. During the previous budget year, the County's fund balance was reported as 38 per cent. This was apparently erroneous. For the most recent audit, the fund balance was recalculated as 22 per cent. The auditor also restated some fixed asset accounts.
Next Monday (Mar 1), County Commissioners will address whether to authorize solicitation of proposals for auditing services for the coming year.
Thursday, February 25, 2010
Conditional Zoning Redux
Last Tuesday's meeting of Oriental's Planning Board included on its agenda discussion of Conditional Zoning.
As it turned out, the board did not discuss Conditional Zoning, but it seems worth reviewing the issue.
Conditional Zoning provides a legal way to negotiate with developers for exceptions to the rules of a particular zoning district. The changes would affect only a particular parcel and only for a particular business use. If the use went away, the rules would revert to those previously existing. It is a procedure that has proven useful in large cities with many specialized commercial and business districts. Some of us on the planning board at the time thought it might be useful to learn more. Maybe it could work in Oriental.
In 2007, Oriental contracted with ECC, our regional COG, for part time services of a planner, Mr. Rob Will. When Mr. Will briefed the Planning Board and the Town Board, providing examples of how CZ has been used in other places, I concluded that it would be of little use in Oriental. Because CZ can only be applied at the request of the property owner, and only for the purpose of attaining zoning rules already existing elsewhere in the Town, it seems unlikely it would be of any use in either of our two multiple use districts. That leaves its only possible use as a way of rezoning existing residential districts for business.
Of the existing residential districts, a large part of R-1 is covered by restrictive covenants, which would not be subject to Conditional Zoning. That leaves R-2 and R-3 as the most likely targets.
After extensive preparation of a proposed amendment to the Growth Management Ordinance, the Town Board scheduled a public hearing July 1, 2008, continued to August 5, 2008. A substantial majority of the public attending the hearing strongly opposed the measure.
On August 5, 2008 the Town Board voted to table the Conditional Zoning proposal until after a Comprehensive Plan was created.
No Comprehensive Plan was created during the tenure of that board.
If Conditional Zoning is to be considered again, the process should begin anew.
As it turned out, the board did not discuss Conditional Zoning, but it seems worth reviewing the issue.
Conditional Zoning provides a legal way to negotiate with developers for exceptions to the rules of a particular zoning district. The changes would affect only a particular parcel and only for a particular business use. If the use went away, the rules would revert to those previously existing. It is a procedure that has proven useful in large cities with many specialized commercial and business districts. Some of us on the planning board at the time thought it might be useful to learn more. Maybe it could work in Oriental.
In 2007, Oriental contracted with ECC, our regional COG, for part time services of a planner, Mr. Rob Will. When Mr. Will briefed the Planning Board and the Town Board, providing examples of how CZ has been used in other places, I concluded that it would be of little use in Oriental. Because CZ can only be applied at the request of the property owner, and only for the purpose of attaining zoning rules already existing elsewhere in the Town, it seems unlikely it would be of any use in either of our two multiple use districts. That leaves its only possible use as a way of rezoning existing residential districts for business.
Of the existing residential districts, a large part of R-1 is covered by restrictive covenants, which would not be subject to Conditional Zoning. That leaves R-2 and R-3 as the most likely targets.
After extensive preparation of a proposed amendment to the Growth Management Ordinance, the Town Board scheduled a public hearing July 1, 2008, continued to August 5, 2008. A substantial majority of the public attending the hearing strongly opposed the measure.
On August 5, 2008 the Town Board voted to table the Conditional Zoning proposal until after a Comprehensive Plan was created.
No Comprehensive Plan was created during the tenure of that board.
If Conditional Zoning is to be considered again, the process should begin anew.
Wednesday, February 24, 2010
...Liberty....for All
Can schools compel students to recite the pledge of allegiance? As the United States Supreme Court made plain in a 1943 case involving a family of Jehovah's Witnesses, the answer is "no." Notwithstanding this long standing principle, ensconced in state law and regulation, a Montgomery County MD teacher had school security police escort a student from class for refusing to recite the pledge.
Is there something about "...liberty...for all" that is unclear? Actually, as an article in The Washington Post makes clear, the teacher violated Maryland state law and regulation by his actions. Are we teaching Civics anymore? Maybe we should start by teaching the teachers.
A letter from the student's attorney to the school principal provides an excellent summary of case law and regulation concerning the issue.
Is there something about "...liberty...for all" that is unclear? Actually, as an article in The Washington Post makes clear, the teacher violated Maryland state law and regulation by his actions. Are we teaching Civics anymore? Maybe we should start by teaching the teachers.
A letter from the student's attorney to the school principal provides an excellent summary of case law and regulation concerning the issue.
Expletives
I grew up in an era when ejaculation was a part of speech. Some such ejaculations (e.g. "balderdash!;" "darn!;") were acceptable in polite society. Other words and phrases were always unacceptable in the presence of women or children. They were known as expletives and were often deleted before printing (as in the Nixon tapes).
I served among sailors for three decades, attaining familiarity with expletives, most commonly beginning with "f." I never found it necessary to use them, believing they convey a poverty of vocabulary and lack of imagination.
Nor, I found, was such usage necessary to demonstrate manliness or authority. I commanded a warship without ever using an expletive beginning with "f." We got things done just fine.
For a literary caution against the use of expletives, I recommend "Never Bet the Devil Your Head" by Edgar Allen Poe.
I served among sailors for three decades, attaining familiarity with expletives, most commonly beginning with "f." I never found it necessary to use them, believing they convey a poverty of vocabulary and lack of imagination.
Nor, I found, was such usage necessary to demonstrate manliness or authority. I commanded a warship without ever using an expletive beginning with "f." We got things done just fine.
For a literary caution against the use of expletives, I recommend "Never Bet the Devil Your Head" by Edgar Allen Poe.
Sunday, February 21, 2010
Friday, February 19, 2010
Sail Training: Building for the Future
One of the most heartening community efforts in recent years has been the building by local craftsmen of a sail training fleet of Optimist Prams. They built them the old fashioned way - out of wood.
Since then, each summer, residents of Oriental have been blessed with the sight of young sailors being introduced to the sport at the foot of Midyette Street.
We have Jim Edwards to thank for the concept and for establishing the training program.
It is good for Oriental because it livens our waterfront, brings families to Oriental, and trains the future generation of sailors. If we want to continue to be the sailing capitol of North Carolina, we need new sailors.
Jim wants to build a permanent sail training center and associated marina near the foot of Midyette Street. I have seen the proposal. It is a great plan and will be great for Oriental. It merits our support.
The proposed plan has been withdrawn, at least for now.
Thursday, February 18, 2010
Recall Elections
Recall is a procedure allowing electors to remove and replace a public official before the end of a term of office.
Eighteen states permit recall of state officials (a nineteenth, Virginia, allows recall petitions but removal is by trial rather than by election). In addition, at least 29 states (some sources say 36) allow recall of local officials.
North Carolina has no recall provision for either state or local elected officials.
The U.S. Constitution has no recall provision for federal elected officials.
Most recall provisions were adopted early in the twentieth century, spurred by efforts of the Progressive Movement to introduce more direct democracy. Progressive Movement proposals consisted of a package, usually including the initiative (which allowed the public to initiate legislation), the referendum (which allowed the public to vote on adoption of legislation), and the recall.
As an indication of how widespread support for these measures was, in 1910 the State of Mississippi adopted a constitutional amendment providing for initiative, referendum and recall. In that case, it didn't take the Mississippi Supreme Court long to rule that the constitutional amendment itself was unconstitutional.
The Progressive Movement's package included some federal measures as well. The only proposed electoral measure actually implemented was direct election of senators, adopted by constitutional amendment in 1913.
Eighteen states permit recall of state officials (a nineteenth, Virginia, allows recall petitions but removal is by trial rather than by election). In addition, at least 29 states (some sources say 36) allow recall of local officials.
North Carolina has no recall provision for either state or local elected officials.
The U.S. Constitution has no recall provision for federal elected officials.
Most recall provisions were adopted early in the twentieth century, spurred by efforts of the Progressive Movement to introduce more direct democracy. Progressive Movement proposals consisted of a package, usually including the initiative (which allowed the public to initiate legislation), the referendum (which allowed the public to vote on adoption of legislation), and the recall.
As an indication of how widespread support for these measures was, in 1910 the State of Mississippi adopted a constitutional amendment providing for initiative, referendum and recall. In that case, it didn't take the Mississippi Supreme Court long to rule that the constitutional amendment itself was unconstitutional.
The Progressive Movement's package included some federal measures as well. The only proposed electoral measure actually implemented was direct election of senators, adopted by constitutional amendment in 1913.
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