Ethics

On Monday night, Town Attorney Ralph Karpinos will present a proposed code of ethics for Town Council and others in town government to live by. The timing of it, nearly a year after the Bill Strom shenanigans, strikes me as locking the barn door after the cow has wandered off. But it seems the proposal is in response to state law 2009-403 that requires the governing boards of all North Carolina municipalities to adopt a code of ethics by Jan. 1, 2011.

Last month, the UNC School of Government put out a guidebook of model codes of ethics for officials in local government. Karpinos, one of the North Carolina lawyers who reviewed the guidebook and provided feedback during its development, will present the five key code requirements mandated by law and will summarize the model presented in the 69-page guidebook. I have yet to see the man crack a smile, and I don’t expect to see one Monday night.

The five requirements perhaps started out well-intentioned, but by the time they went through the Lawyer Detailing Shop, they have enough qualifiers on them to make even the most evasive teenager raise a pierced eyebrow in awe. Here are the requirements decked out in all their lawyered-up verbiage:

1. The need to obey all applicable laws regarding official actions taken as a board member.
2. The need to uphold the integrity and independence of the board member’s office.
3. The need to avoid impropriety in the exercise of the board member’s official duties.
4. The need to faithfully perform the duties of the office.
5. The need to conduct the affairs of the governing board in an open and public manner, including complying with all applicable laws governing open meetings and public records.

Here’s my life-lived-simple version of the code of ethics I’d like my elected officials to follow:

1. Obey all laws.
2. Conduct yourself with integrity and don’t sell out.
3. Behave as if what you do could be captured on a cell-phone video and posted on YouTube.
4. Do the job you were elected to do.
5. Recognize that if you don’t want people to see what you’re doing, you probably shouldn’t be doing it.

I was going to launch into a diatribe of the six men running for sheriff this year in North Carolina counties who have felony convictions. But I’ve run out of room. And the code of ethics won’t take effect until after the November elections anyhow.
— Nancy Oates

Playing hardball

County commissioner and sports writer Barry Jacobs could title his next book Getting to No, a negotiating how-to. He could lead with the discussions over how much Orange County will contribute toward operating expenses for the Cadillac library Chapel Hill hankers for, even though the expansion would max out the town’s debt limit. The town, dissatisfied with the $250,000 the county chips in annually as well as with the county’s latest offer of $500,000, took a hard line stance on what it considers the town’s “fair share.” County residents evidently make up 40 percent of the Chapel Hill Library’s use. To cover that percentage of the library’s current $2 million annual operating costs, the county would need to pony up $950,000 a year.

Rather than up the county’s contribution, Jacobs countered with a plan to reduce the usage. The county would open a branch library in the space that now houses the Skills Development Center on West Franklin Street, between the Chapel Hill News building and the Orange County Visitors Center. Jacobs showed he could play hardball by calling the town’s bluff.

The town can either proceed without a monetary contribution from the county and expand the library but reduce its hours of operation because it doesn’t have the money to run it full time. Council members are all of the generation that bought into “quality time.” So, they would understand the idea of a state-of-the-art library, open only three hours a day.

Or the town can meekly accept whatever the county decides to offer in exchange for not building its own library.

Well played, Jacobs, well played.
— Nancy Oates

Poll dancing

I handed out campaign literature at the polls yesterday, which gave me a glimpse of the rarefied people who vote in Chapel Hill. Voter turnout across the county averaged about 15 percent, nothing to be proud of to be sure, but it would have been a lot lower without the nearly 30 percent turnout of voters in the northern part of the county. Precincts in Chapel Hill and Carrboro logged in at less than 10 percent. For instance, of the 2,935 registered voters in the Country Club precinct, 47 voted, an abysmal 1.6 percent. Maybe voter turnout would have been higher had it not been such a beautiful day for golf.

Such a motley range of reactions voters have to those of us who volunteer at the polls, reactions not unlike people responding to an exuberant, nearly full-grown Great Dane puppy. Some react in fear, scampering across the “No Electioneering Beyond This Point” sign that we can’t cross. Some take evasive action, scooting along the far edge of the parking lot or behind the building to avoid our eager cries. Others greet us with a smile and scratch us behind our ears. Well, maybe not, but at least they took our proffered brochures and bumper stickers.

One woman held us at bay by making a cross with her fingers, the way you’d ward off a vampire. Another woman snarled, “I hate voting in North Carolina because of you people.” A man snapped, “I don’t believe in what you do,” meaning that if voters are swayed by a brochure thrust at them on their way into the polls, they didn’t deserve to vote.

But many people gamely collected our literature and lapel stickers, though I would warrant they already knew who they were voting for. (Some carried lists in with them.) Some voters returned our literature for recycling as they left the polling station. They seemed to appreciate that we were there, not so much in hopes of changing the outcome of the election, but to show our solidarity for a candidate and for the free election process itself.

Those intrepid souls apparently did not feel threatened when, as they stepped out of their vehicles, we gravitated toward them en masse, like ants to spilled honey. They acted as though they were welcome guests at a party. When the polls open again in November, I hope they will each bring a dozen friends.
— Nancy Oates

Primary colors

Three of the Orange County commissioner races will be decided today as voters head to the polls for the primary. That’s because two of the races are uncontested – the winner of the primary faces no opposition in the fall. In fact there are a lot of candidates who are running unopposed.

Maybe we shouldn’t even refer to it as an “election” when there’s no opposition – maybe call it a “defaultion” as our representatives become “elected officials” by default. Sure ramps back the excitement quotient, and makes me a bit uneasy that this election, even though it’s a primary, hasn’t seen much debate, which contributes energy to a democracy.

Alice Gordon will return as the District 1 representative; she’s running unopposed. And whoever wins the Democratic primary between Joal Hall Broun, Barry Jacobs and Joe Phelps for the at-large seat will be seated because there is no Republican candidate.

Only the District 2 race will have a fall finish – either Earl McKee or Renee Price will face Greg Andrews.

I haven’t seen much debate over county issues, but maybe that will change as the election year heads into the fall. I hope someone will bring up some county issues, such as spending and planning. We hit our debt ceiling recently and cannot borrow any more money until that is paid down. It would be nice to hear what the commissioner candidates have to say about the county’s contribution to the Chapel Hill public library’s maintenance costs. Absent any true opposition for these seats, there is likely to be no debate about such core issues.

In other “elections,” the General Assembly seats held by Reps. Verla Insko, Joe Hackney and Bill Faison are uncontested, so those three will be elected today. State Sen. Ellie Kinnaird faces no Democratic opposition for the District 23 seat she holds, so she will face Ryan Hilliard in the fall.

There will be plenty of other races and candidates to vote for – Chapel Hill’s own Ken Lewis is seeking the Democratic nomination for the U.S. Senate seat held by Sen. Richard Burr. Longtime county Sheriff Lindy Pendergrass is running against Clarence Birkhead. The winner will face Buddy Parker in the fall.

Oh, well: Get out and vote, even if only a very few candidates are actually being, strictly speaking, elected. Voting starts at 6:30 a.m. and the polls close at 7:30 p.m.
–Don Evans

Development nestles in

Marketing is everything, especially when it comes to easing development through the town’s approval process. Witness The Cottages at Homestead. The name evokes images of cozy little clapboard-sided single-story abodes, flowers in the window boxes, snuggled together in a clearing.

But look at the specs: The 1,175 parking spaces is your first indication that “cozy” and “little” won’t show up anywhere in the project description. The Cottages, proposed by The Capstone Co. of Birmingham, Ala., bills itself as “a university student housing neighborhood.” The development is entirely residential with a mix of 57 two-story cottage homes, 60 two-story townhouse units (15 buildings with four units per building) and 213 apartments divided among 71 three-story buildings. The units range from one to five bedrooms, and the complex includes a 12,000-square-foot clubhouse and indoor and outdoor recreation areas.

The Cottages is proposed to be built directly across Homestead Road from the proposed Bridgepoint development, bounded on the south and east by Carolina North, just west of the Southern Human Services Center. Harkening back to Town Council members’ discussion a couple weeks ago in which some council members objected to a commercial area at Bridgepoint because of the extra traffic it would engender, I wondered whether council members had any inkling of what was in the works across the street. One council member thought the 80 spaces planned for Bridgepoint’s commercial space was a bit much. I posit that those 80 spaces and then some will be needed for spillover parking from The Cottages.

Capstone has planned a parking space for each of the 1,120 bedrooms in its rental complex, plus 55 spaces for guests, sufficient parking, its proposal says, to serve as a park-and-ride lot. Granted, plans are in the works for a bike path to link Carolina North and the main campus, and buses already connect Homestead Road to the main campus and elsewhere in town. Still, the 80 spaces at Bridgepoint pale in comparison to the 1,175 across the street.

This illustrates the Sustainability Committee’s complaint about the futility of looking at development in a vacuum. What happens in one neighborhood has an impact elsewhere. If The Cottages is approved, the commercial section of Bridgepoint is a necessity. Think how well Ken’s Quickie Mart has done from Granville Towers business alone. How well will the proposed traffic circle on Homestead and Weaver Dairy Extension function with an additional 1,175 cars driving to Harris Teeter for orange juice and eggs Saturday morning?

The occupants of those 1,120 bedrooms, and their 55 guests, need a store within walking distance. Don and I are ready to put in a bid to open a small grocery store at Bridgepoint. Maybe we’ll call it Ye Olde Country Shoppe. It will fit right in.
— Nancy Oates

Readers deserve better

I always hate to see a journalist embarrass himself, but Jesse DeConto has done it again. That’s how I figure it after reading his piece on the Orange County sheriff race in The Chapel Hill News.

He seems to be having a bad journalism year, which began with the Chapel Hill election campaign last fall. DeConto doesn’t do well when he’s called upon to report politics in a fair and unbiased manner. He showed a distinct bias in his reporting of the Chapel Hill mayoral contest last fall. He repeatedly mischaracterized candidate Matt Czajkowski as “pro-business,” while going out of his way to describe Mark Kleinschmidt as the candidate who worked for death row inmates. I often heard candidates complain about DeConto misquoting them in his reporting.

Now comes the piece on Sheriff Lindy Pendergrass and his challenger, Clarence Birkhead. DeConto just can’t seem to assume a fair stance when he writes about community politics. The piece that profiled the candidates in the April 28 edition is a case in point. Birkhead answered questions presented to him by DeConto. Then those answers were shared with Pendergrass, who was allowed to rebut them in his profile. There was no chance for Birkhead to rebut.

That’s an embarrassment to any professional journalist. And it’s just plain unfair to readers who are seeking the facts so they can make an informed decision about the candidates. During my time with The News, reporters were taught to give both sides of a story. Reporters were to go out of their way to be fair and evenhanded and allow both viewpoints to be aired. The facts were important, not the writer’s opinion.

Looks like times and practices have changed at The News. DeConto deserves blame for his writing. If he wants to foist his opinions on readers, let him get his own blog. His editor is to blame for not pulling him aside and pointing out these deficiencies. Has the paper deteriorated to the point where it will print any old thing with no regard for accuracy or fairness? Sure seems that way.

Birkhead deserves an apology from DeConto and whoever is responsible for content at The News. And while they’re at it, they should clean up their act and start acting like a responsible newspaper. Chapel Hill readers deserve that.
–Don Evans

A more costly census

Next week I will begin training to be a U.S. Census enumerator. Yes, I will be one of those folks who go from dwelling to dwelling to gather information to complete the decannual count.

The Census expects to hire 870,000 temporary workers such as myself to go around and knock on doors – as many as six visits just to get the information that very easily could have been mailed back to the bureau.

Some states will need more door-knockers than others. The latest figures indicate that 72 percent of U.S. households that were sent the Census questionnaire actually mailed it back. Nancy, who’s from the Midwest, was gratified to learn that Wisconsin led the nation in percentage of households that returned census forms by mail – 81 percent. And Wisconsin is clustered among several states that exceeded 78 percent in their return rates. North Carolina’s rate was 74 percent. New Mexico had the worst rate, 63 percent.

Another way to think of those return rates is how much money we taxpayers could have saved if all of us just filled out and mailed in the questionnaire sent to us. That 28 percent who didn’t mail back a form is costing us as much as $1.5 billion in extra effort by hiring more workers. (Some perspective on that $1.5 billion: That’s enough money to take care of Orange County’s budget for 20 years.)

To put it another way, households that mailed back questionnaires cost the government less than a half-dollar in census-taking fees. To hire and coordinate enumerators to trudge door-to-door to get that information will cost $57 per household. If people had just done what they supposed to do, that extra expense could have been saved.

The census is not something that can be ignored. Local communities depend on the periodic count to help the governments apportion federal funds each year for such things as hospitals, job training centers, schools, senior centers, bridges, tunnels and other-public works projects and emergency services. An accurate count can benefit every community. It’s a shame that filling out and mailing the form was too onerous a task for so many Americans.

Turns out it also was very costly.
–Don Evans

Keeping tabs on the neighbors

Two neighborhoods in Chapel Hill are proceeding with Neighborhood Conservation District applications. The town has six NCDs already and has spent tens of thousands of dollars on consultants to help with the process.

So who’s in charge of making sure that land owners in and residents of NCDs comply with the ordinance? Nobody.

That was clear Monday night at the council meeting as Town Manager Roger Stancil and council member Donna Bell discussed their recent experience of taking a walking tour of the Northside neighborhood to check out neighborhood needs and just how far some land owners have bent the rules. The fact that two town officials were on the tour had nothing to do with town vigilance.

It took a concerted effort by Orange County Justice United and Empowerment Inc. to audit the state of the Northside and Pine Knolls neighborhoods and report back to the town before it got the council’s attention.

Two properties appeared to be in violation of restrictions on front-yard parking, and one property was in disrepair. Sidewalks are nonexistent in many places, especially along North Graham Street, where construction on Greenbridge has forced regular foot traffic into the streets. Street signs were either damaged or missing. Streets are cracked and need repair.

The NCD designation means that a neighborhood is a “unique and distinctive” older in-town residential neighborhood or commercial district that contributes “significantly to the overall character and identity of the town and [is] worthy of preservation and protection,” according to the town website. The Glen Lennox and Highland Woods neighborhoods are knocking at the club door. Northside was the first to join.

Even with the NCD rules, Northside continues to slip away. The council doesn’t monitor what goes on in the NCDs. There’s no early-warning system when questionable practices develop, except for a resident to point it out. There’s no follow-up on how a neighborhood is doing once the NCD designation is approved.

If the Northside tour proved anything it is that the town needs a system for checking on and enforcing NCD rules before these distinctive parts of town edge beyond distinctive and into questionable.

Stancil suggested that strengthening a neighborhood’s Community Watch will spur input. That can work to some extent when the community has an active and committed contingent such as Justice United and Empowerment. But what about the town making good on its commitment to these neighborhoods? The town cannot just proudly proclaim its pride in these neighborhoods and then ignore them.

In the end Mayor Kleinschmidt suggested the town revisit the NCD process in its entirety, from instigation to follow-up. That’s a great idea – it could mean taxpayer money that was spent on establishing NCDs will not have been wasted.
–Don Evans

Moving meetings along

Council members Laurin Easthom and Penny Rich were chatting at the snack table in council chambers Monday night when, at 7 p.m. sharp, Mayor Mark Kleinschmidt shooed them to their seats. “We want to end on time tonight,” he said, making a veiled reference to a petition Easthom put on the agenda.

With two council meetings of late not winding up until close to 1 a.m., Easthom wanted to nip the problem in the bud. She petitioned for council to follow its own rule that “the council not begin discussion of an agenda item after 10:30 p.m. without the affirmative vote of two-thirds of those members present.”

Kleinschmidt reminded his colleagues that at both late meetings he suggested removing some items from the agenda but was out-voted by council members who thought that citizens and presenters who had already sat through three and a half hours of discussion on other topics shouldn’t be told to come back another time. But Gene Pease pointed out that it was equally unfair to citizens to have the weary council consider issues at such a late hour. “We don’t do good work after about 10 or 10:30,” he said.

Though Easthom moved that her petition be referred to staff to fix the problem, Kleinschmidt added that the petition should also be referred to council itself. For his part, he will let the staff know of topics that are likely to spark a large turnout of citizens wanting to speak, so that the agenda won’t be overloaded. (Town staff sets the agenda, but the mayor can remove items from it.) He urged council members to let him know when comments they receive from citizens indicate a large turnout for a topic. “We can predict better than staff how full the moon is going to be that night,” Kleinschmidt said.

He also suggested that consent agenda items pulled be discussed at the end of the night, if time allows; however, Jim Ward cautioned that that might put a hardship on staff members who would have to stay until the end of the meeting to answer questions.

Donna Bell recommended that council members shave minutes off the meeting by not reiterating what their colleagues have said on a topic. Along those lines, we might suggest that members quell any tendency toward self-aggrandizement (you know who you are, and if you don’t, rest assured your colleagues and constituents do).

Items pulled from the agenda would be put on the agenda for the following meeting, or council could recess and resume the following night. Some on the dais seemed momentarily disappointed to learn that items pulled from the agenda wouldn’t just disappear. That won’t be the solution to the urban archery issue.

The meeting adjourned at 9:25 p.m.
— Nancy Oates

What we can do without

In a comment to my post “Keep the taxman busy” from Thursday, Terri Buckner asked what I would give up in county services. That got me to thinking, which often gets me into trouble. But I came up with a number of items from the fiscal 2010 budget that I believe could be trimmed or at least scaled back.

The county budgeted $25,000 on recruitment in FY2010, as well as $10,000 in relocation expenses. I’d bet there’s not a lot of county recruitment or relocating going on these days. The county also spent $63,000 on employee development/computer training. Seems like the commissioners could easily trim 10 percent of that cost, even if it means one or two less diversity training sessions. The school health nurse program got $617,732 for FY2010; seems like a lot of money to have someone hand out Tylenol and take temperatures, and it could be much more cost-effective to have a few nurses with cell phones await a call and head on over to the affected school.

El Centro Latino got $17,850, but since that organization has departed, the county should save that money. Also, the county could cut its $8,500 for The ArtsCenter. And maybe the county’s drug-testing program, which cost $8,600 this year, could be scaled back.

Big-ticket items include the planned county telephone system replacement, which weighed in at a cool $1 million. Renovations to the Link Center as well as the Planning and Agriculture Building cost $625,000. And plans to build an addition to the Southern Human Services Center cost $300,000 this fiscal year, and the bill will come to $6 million over the next three years. That’s a lot of money to add a dental clinic.

SportsPlex membership discounts cost the county $35,000. Maintenance costs for the SportsPlex facility run $150,000. I’m sure there are plenty of possible cuts there.

All this could have added up to more than $2 million in savings. Now, I know that county folks who are much more knowledgeable about what these funds go toward can probably weigh in and justify some of those expenditures. But when it comes down to it, it’s a simple question of what we must have now and what we can do without.
–Don Evans