Newly seated Winston-Salem City Council reshuffles committees

Vivian Burke was sworn in to her 13th term on Winston-Salem council

Mayor Allen Joines and eight members of Winston-Salem City Council — all but one of them veterans of the body — pledged new investment in infrastructure and a war on poverty as they took their seats for a new term after being sworn in.

And while the roster of the body reflected little turnover, a reshuffle of committee leadership as two council veterans stepped aside, signaled a fresh start for the council.

As chair of the finance committee, Councilwoman Wanda Merschel has been recognized by her colleagues for helping the city maintain the lowest tax and fee structure of any major city in the state through a succession of difficult budget years. Her retirement from council created a vacancy filled by Jeff MacIntosh, as the new representative of the Northwest Ward, but also created a leadership vacuum on the finance committee.

The council voted unanimously on the motion of Mayor Pro Tem Vivian Burke to appoint Robert Clark, a four-term Republican who represents the West Ward to chair the finance committee. The surprise was that the slate moved by Burke promoted Councilman James Taylor Jr. from vice-chair to chair of the public safety committee.

Robert Clark is the new chair of the finance committee.

"I have been the public safety chairman for 36 years," Burke said after the vote. The councilwoman, who has represented the Northeast Ward since 1977, added that she talked with her son, Judge Todd Burke, her campaign secretary, Naomi Jones, and her campaign manager, Wayne Patterson.

"I said, 'God has blessed me, and I'm not going to serve as chairman anymore,'" Burke recalled. "The mayor had made that recommendation that I would. And I called him and I said, 'I have something to say.' I said, 'I want to move away from being chairman of public safety.'... I feel that [Taylor] would do a good job. He is committed. I want you to know that it was a choice, and I think the city will be in good hands with James Taylor as our chairman."

Councilman Dan Besse will replace Clark as chair of the public works committee, and Councilwoman Molly Leight will replace Besse as chair of the general government committee. Besse said he requested the switch.

"I've had a particularly strong interest especially in our transportation infrastructure services ever since I've been on the council and wanted the opportunity to press forward in development on that end," said Besse, who is beginning his fourth term. "I thought I would have the strongest chance to do that as chairman of the public works committee."

James Taylor Jr. will chair the public safety committee.

Several council members are interested in putting a new bond issue before voters for a referendum next year. That includes Besse, who said he will push for funding for a streetcar system and intersection improvements, along with new sidewalks and bike lanes.

Clark said the city's roads and parks have been neglected because of budget constraints over recent years.

"I will be suggesting to this council that it is now time to seriously look at a general-obligation bond on a referendum," he said. "It has been 13-plus years since we've put a bond before voters and I think those resources are needed to get this city back to where it needs to be."

Joines said the new council needs to quickly put together a strategic plan and a capital improvement plan to prepare for a bond issue next year. The mayor, who has served three terms, has acknowledged the widening wealth gap in Winston-Salem over the course of his reelection campaign, and quickly pivoted to a gesture of economic reconciliation during his remarks.

"If Winston-Salem itself is to reach its full potential, we have to find a way to address the unacceptable levels of poverty in our city," the mayor said. "The poverty levels for families in our community were 21 percent last year, and 17 percent of our households qualify for food stamps. Certainly, educational attainment is a critical factor. For instance, the poverty rate for individuals with a bachelor's degree is only 5 percent, compared to 34 percent for individuals who do not finish high school. So dealing with this issue is certainly the right thing to do morally. But it's also the right thing to do because it affects us all and eventually becomes a burden on the taxpayer."

Dan Besse takes the helm of the public works committee.

Joines said that Councilman Derwin Montgomery, who represents the East Ward, and NC Sen. Earline Parmon have talked to him about the issue.

"So I propose that we create a poverty, work and opportunity task force to review the issues surrounding poverty, inventory the various programs in place now and to identify new programs that should be developed to address this issue," Joines said.

Leight, who has represented the South Ward since 2005, sketched similar contours in her remarks.

"I would like to see our city and council members not only continue our economic growth — the muscle of our city — but also put that growth to use for those amongst us who need the help the most: the hungry, the homeless, the have-nots," she said. "I pledge to direct my attention to the heart of our city, towards those poor and without homes and food, especially those children who go to school hungry. I also pledge to direct my attention towards quality-of-life issues — shall we call it the soul of our city. Those issues have had to take a back seat during the past few years. A quality city funds parks, libraries, museums, which in fact, in turn, become economic drivers for the city."

Councilman Denise D. Adams predicted "difficult decisions about taxes" to pay for raises for police officers and firefighters and to finance new infrastructure and quality-of-life initiatives. And consistent

Molly Leight is the new chair of general government.

with her reelection campaign, Adams pledged to widen the city's redevelopment focus from downtown to outlying residential areas.

"Everybody wants to come home to a nice community block where there might be a coffee shop, or there might be some small businesses, or there might be some areas where children and families can come to do recreational things — nice sidewalks, more bike trails and greenways, better paving," she said.

While many council members reflected on two or three terms, Burke's comments summed up a record 12 terms in office.

Burke said that with the help of Assistant City Manager Greg Turner she calculated that she has spent 3,320 hours in official meetings to handle council business, not even counting community meetings.

"Tell me that I'm not committed and dedicated," Burke said. "There's no debate."

The Northeast Ward councilwoman talked about how during her tenure on council she has watched an area of Hanes Mill Road transition from a tree canopy to retail development.

"And some of you might not like to hear about Wal-Mart," Burke said. "But I tell you — I told the constituents I represented: 'I cannot say no; this time I'm going to say yes.' And we put Wal-Mart there. It created so many job opportunities. It made for people to have better homes. So we are interested in economic development."

MacIntosh, as the sole new member of the council, credited his colleagues with helping the city retain its AAA bond rating and steering Winston-Salem through the recession.

Jeff MacIntosh is the newest member of council.

"I think we're on the verge of being able to do some really great things," he said.

Merschel did not attend her final council meeting because of an unexplained medical issue, but City Manager Lee Garrity read from a written statement received by e-mail. Merschel thanked staff, fellow council members, her husband, family and friends and her successor, but singled out fellow council member Burke for praise.

"A special thanks and congratulations to my longtime friend, Mayor Pro Tem Vivian Burke, on her historic election," Merschel said. "Her dedication to our community is legendary."

Winston-Salem council members threaten to hold up road project over contracting

In a split vote of 4 to 3 the Winston-Salem City Council scuttled an agreement with Charlotte-based Morris-Berg Architects to design the new City Yard on Lowery Street at a cost of $1 million to house sanitation, engineering, employee medical services and employee training facilities.

But then, at the urging of Southwest Ward Councilman Dan Besse, North Ward Councilwoman Denise D. Adams switched her vote, flipping the result and allowing the contract to go through.

The three holdouts were Mayor Pro Tem Vivian Burke, who represents the Northeast Ward; East Ward Councilman Derwin Montgomery and Southeast Ward Councilman James Taylor. Taylor said the council members objected to the agreement primarily because of the process, which does not allow the city to select the company that is able to perform the work at the lowest cost to taxpayers. Secondarily, he said, council members would have preferred a local firm.

City Manager Lee Garrity said after the meeting that state law requires local governments to use a competitive request for proposals to advertise contracts for engineering and architectural services, ranking the responsive bids by competence and qualification. Under the state law, local governments must negotiate price with the first-ranked company, but if they are unable to reach an agreement they may move on to the second-ranked company.

In this case, staff selected the first-ranked Morris-Berg Architects.

"What we can do is provide more information [to council members] about those criteria," Garrity said. "As far as price goes, our hand are tied."

He added, "Local is not one of the criteria."

The resolution approving the contract cites a state law dating back to 1987, which reads in part: "It is the public policy of this state and all public subdivisions and local governmental units thereof, except in cases of special emergency involving the health and safety of the people or their property, to announce all requirements for architectural, engineering, surveying and construction management at risk services, to select firms qualified to provide such services on the basis of demonstrated competence and qualification for the type of professional services required without regard to fee other than unit price information at this stage, and thereafter to negotiate a contract for those services at a fair and reasonable fee with the best qualified firm."

Relocation of City Yard from its current location on Rams Drive to the old Flakt-Bahnson plant on Lowery Street is necessary to allow the construction of Salem Creek Connector. The NC Department of Transportation selected Charlotte-based Blythe Construction to build the new road in January. Pat Ivey, District 9 engineer for NC DOT told YES! Weekly last week that the company is ready to begin work on the project. Completion of the new road is considered crucial before Business 40 is temporarily closed for renovation and bridge repair — currently scheduled for early 2017.

Adams thanked City Attorney Angela Carmon for offering to hold a workshop to explain the law to council members, after switching her vote.

"We just need to understand it," she said. "I know there's some council members that's been here and they may — but we need to understand that one."

Mayor Pro Tem Burke took shots at staff and her fellow council member, but ultimately acknowledged in her typical elliptical fashion that any fix would have to come from Raleigh.

"I don't think they understand it," she said. "They've just been going along, going along. And I think at least they know there's three of us are concerned that we wouldn't change. Maybe that will help them to understand it. And I'm going to go back to these laws. Those people can lobby effectively. And that's a shame. You have to challenge them."

On another item, the council voted to send a resolution allowing deed restrictions to be lifted from two properties owned by Judge Logan T. Burke, the mayor pro tem's son, in an urban renewal area back to the finance committee. Mayor Pro Tem Burke was excused from the vote. Councilman Derwin Montgomery said he had trouble with the resolution had not been previously reviewed considering that the last finance committee meeting was canceled, and was concerned with the precedent that would be set by approving it.

A summary provided with the item states that Logan Todd Burke, who is the councilwoman's late husband, purchased two parcels of land from the city in September 1988 in the East Winston Urban Renewal Project 3. The deed restrictions stipulated that "a building was to be constructed on each parcel."

Both parcels are vacant lots on corners of North Martin Luther King Jr. Drive, including a 1.2-acre lot at East 5th Street valued at $5,300 and a 0.2-acre lot at Lawrence Street valued at $39,000, according to Forsyth County tax records.

The resolution also affects a property sold by the city to William R. and Martha D. Carpenter in 1994 in the Kimberly-North Urban Renewal Project area.

The resolution reads, "Whereas these three properties were sold subject to deed restrictions stating that a building was to be constructed on the properties; and whereas, it became known that these deed restrictions were not fulfilled, but that now, the redevelopment plans under which the properties were sold have now expired; and whereas, since the redevelopment plans under which these three properties were sold have now expired, it is requested that authorization be granted to pursue the release of deed restrictions on these three properties.

"Now, therefore, be it resolved that the mayor and city council of the city of Winston-Salem, upon the recommendation of the finance committee and the community development/housing/general government committee, hereby authorize the release of all deed restrictions on [the three parcels] previously imposed upon them by the city relating to the East Winston Urban Renewal Project 3 and the Kimberly-North Winston Urban Renewal Project which have now expired."

The city council also voted to continue a rezoning request allowing Wal-Mart to build a neighborhood market on Country Club Road. Councilman Robert Clark, who represents the West Ward, said the delay would give developers and residents an opportunity to resolve differences.

Winston-Salem council urges citizens to express outrage to state lawmakers on guns in parks

People stand to express opposition to a state law denying municipalities authority to regulate concealed guns in parks.

Winston-Salem City Council voted to update its local ordinances to reflect legislative changes by the NC General Assembly to expand the areas in city parks that citizens can carry concealed firearms to playgrounds, greenways, and biking and walking trails, but under protest.

The vote gave people on both sides of the gun-control debate an opportunity to vent their feelings.

City Attorney Angela Carmon said that under the state law passed by the Republican-controlled General Assembly this year, the only areas that cities may prohibit concealed firearms are playing fields, and then only under certain circumstances such as when games are scheduled. She said that if the city failed to make the update, the entire ordinance could become unenforceable.

"This issue is not about the Second Amendment, which all of us up here support," said Councilman Dan Besse, a Democrat who represents the Southwest Ward. "It's not about the right to own guns to protect yourself in your home and your family. It's not even about the right to have a concealed-carry permit. This is about forcing concealed guns on the rest of the community in our parks and greenways and public spaces."

Besse called the state legislation "wrong-headed and dangerous." Councilwoman Molly Leight, a Democrat who represents the South Ward, piled on by saying it was "ignoble" and "goes against any logic."

Council approved the amendment to the ordinance by a vote of 7 to 1, with Councilwoman Derwin Montgomery, a Democrat representing the East Ward in dissent. Councilman James Taylor Jr., a Democrat representing the Southeast Ward, said he wished he could abstain, but his vote counted as a yes.

A dozen or so supporters of gun-owner rights, including Pat Kleinmaier, a Republican candidate for the North Ward seat on council, gathered outside City Hall before the meeting. Some wore stickers stating "Guns save lives." A security officer Lankford Protective Services told them they could not carry signs into council chamber, and some citizens voluntarily surrendered their poster-board props to him. The meeting drew both gun rights supporters and gun-control advocates, who filled council chamber and a committee room set up with a live video feed to accommodate overflow. Police said about 85 people showed up for the meeting.

Brian Reese of Kernersville, who said he spends time in Winston-Salem doing business, was one of the few gun-rights supporters who spoke during the public comment period.

"I see it as an individual's right to life," he said. "I as an individual want to make sure I stand a fighting chance to survive any encounter that I come across. So it's not the Second Amendment trumping property rights. To me, it's an individual's right to life.... It's that .38 revolver that gives a four-foot, 90-pound woman a fighting chance against a guy my size. It's a great equalizer."

The city council also passed a resolution expressing opposition to the state law. Council members note that the city's greenway system is composed of easements granted by private property owners, and City Manager Lee Garrity said the law is silent on whether the property owners retroactively ceded their right to prohibit concealed firearms on their property when they granted easements to the city.

The resolution reads, in part: "It is extremely imperative that citizens and members of the North Carolina General Assembly understand that Session Law 2013-369 not only arrogates control of municipalities over their own parks but it creates potential conflict between private property owners and greenway users wishing to carry concealed weapons."

Garrity added that the city parks are supported by city funds paid by city taxpayers, and that the city is liable if anyone is injured in a fall.

Councilwoman Wanda Merschel, a Democrat who represents the Northwest Ward, apologized to constituents who conveyed easements without knowing that they were potentially allowing greenway users to bring firearms on their property.

The resolution goes on to urge citizens who have expressed outrage over the city's inability to prohibit concealed handguns in its parks to share their concerns with state lawmakers.

Republican state lawmakers from Forsyth County, including Reps. Debra Conrad and Donny Lambeth, pledged to clarify the legislation as it affected greenways during a joint meeting with council members earlier this year, but stopped short of saying they would restore the city's authority to regulate guns in its park system.

Mayor Pro Tem Vivian Burke, a Democrat who represents the Northeast Ward, expressed scorn for the Republican-controlled legislature, stating, "It's an embarrassment to say you're from the state of North Carolina because of the behavior of some of these people in Raleigh," but then went on to vote against the resolution. She joined Councilwoman Denise D. Adams, a Democrat who represents the North Ward, and Councilman Robert Clark, a Republican who represents the West Ward.

Clark, like many of his colleagues, said he objected to the state legislature seizing authority from local government, but explained his objection to the resolution as tactical.

"Charlotte picked a fight with Raleigh, and they no longer control their airport," he said. "Asheville picked a fight with Raleigh, and they no longer control their water system. If we pick a fight against Raleigh, we could end up losing control of our parks. I just think the old adage applies that you don't bring a knife to a gunfight."

City council also approved $4 million in incentives to Wake Forest University Health Sciences for expansion of the Wake Forest Innovation Quarter on the eastern flank of downtown. Specifically, the funds will be used by Wexford Equities LLC to develop a 230,000 sf lab and office facility and parking deck at the northeast corner of East 5th and Vine streets in the space formerly occupied by Reynolds Tobacco's Building 90 South.

Under the deal, the city would provide payments equal to 65 percent of the net taxes paid by the owner over an 18-year period. Deputy City Manager Derwick Paige said the incentives would be paid annually and only after the tax payments were received. The non-profit owner also agrees to keep the property on the tax rolls for an additional 20 years after the initial 18-year period. Mayor Allen Joines said that combining $2.3 million in tax revenue in the first 18 years and $7 million in the next 20-year period, the city would gain an almost $10 million in the deal.

Taylor said the deal would not have happened without incentives from the city.

In other action, city council approved a plan to move forward with the creation of three district police stations, although Merschel noted that the resolution does not commit any city funds to the initiative. The resolution also identified the Lucia building as the facility to house the district station in the southeast part of the city.

The council also voted to rename Civic Plaza — bounded by 3rd, Street, 4th Street, Town Run Lane and the Strollway — in honor of Merschel, who is retiring from council at the end of this year.

The resolution cited Merschel for being the first woman appointed to chair the city council's finance committee, helping the city garner recognition for maintaining the lowest combined tax and fee structure of any major city in North Carolina, along with supporting downtown initiatives such as "Restaurant Row," BB&T Ballpark and the downtown business improvement district.

Merschel wiped away tears as the resolutions was read.

"I've gone through 16 of the most difficult budgets in this city's history and never cried," Merschel said. "But I am honored and I am humbled. I can think of no greater honor than to have a green space in our community's living room that will bear my family's name."

Progressive councilman goes on offensive against Raleigh

Democrat Dan Besse speaks with supporter Caroline Warren.

Democrat Dan Besse, who has represented the Southwest Ward on Winston-Salem City Council since 2001, launched his reelection campaign at a picnic shelter at Miller Park with a spirited attack on the Republican-controlled General Assembly.

"We have been dealing for the past couple years with a newly extreme state legislature in Raleigh that has not seen the value in the local flexibility that we need to ensure that we have a green, clean, healthy community," Besse said. "And we're pushing back against that. And we need to continue to push back against that.

"If I'm reelected, I will because what we're getting is bad marching orders in the wrong direction from Raleigh giving us things like requiring us to allow concealed weapons in parks and greenways," the candidate continued. "They are saying we can't have the flexibility to do what we need to do on the local level to protect our water supply like Salem Lake. They're saying that we are going to be financially penalized if we use transportation money for multimodal transportation improvements, including those needed sidewalks and needed transit safety improvements instead of spending ever last dollar on more roads and more lanes."

Supporters applauded Besse for pushing the city to install more sidewalks in the Southwest Ward and leading the successful effort to expand bus service to Sundays. About 55 people attended the campaign event. The incumbent Democrat set the stage for his reelection contest against the Republican nominee. The Sept. 10 primary will determine whether Besse faces Donald T. Shaw or Robert Bultman in the general election.

"I don't know who my opposition will be in November," Besse said. "The other guys have a primary coming up. But there's every indication that it will be somebody from the tea-party wing of that party. And that's unfortunate. We have some good, responsible Republicans in town that we're able to work with, as well as a lot of good independent and Democratic voters in the city that we work with. But not everybody has that kind of mainstream, basic-responsibility mindset. And when you don't you tend to get the folks that have blinders on; they see only one issue — the property tax rate or the income tax rate. And all they say is, cut. They like to say, 'Running government like a business,' but they don't. Instead, they get in and they slash necessary public services, starve out and neglect our public infrastructure like our public transportation system and let it decay by neglect."

Mayor Allen Joines appeared at the campaign event to express support for Besse. The mayor cited the importance of teamwork in achieving policy results, and credited Besse for supporting economic development and helping to reduce chronic homelessness.

"We've planted a lot of good seeds over the past four years," Joines said. "But it's like a garden. If you don't nurture those seeds, they're gonna wither up and dry. So I'm asking to be reelected. I'm asking you to reelect Dan so he can come along with us and continue to help us put good water and fertilizer on those seeds and let 'em grow and let our city continue to be healthy and strong."

Besse returned the favor by saying, "It's no secret that I'm a big supporter of Allen for mayor, and I hope that you'll join me in voting for him."

Besse promoted incumbent Democrats as a slate, singling out North Ward Councilwoman Denise D. Adams in particular.

"As Allen emphasized, we can't get things done on a local level without working as a team," Besse said. "I think we do have a good working team on city council and with the mayor now. We have been making strong progress over most of the past decade across a broad front of issues. Let's keep the city moving forward together."

Besse and Clark clash over backyard garbage service

Last night, we reported on Winston-Salem Sanitation Director Johnnie Taylor's presentation to the public works committee of city council on operational concerns raised by employees.

To briefly recap, Taylor said he would request four new fully automated trucks to replace vehicles that are not equipped with air conditioning. Councilman Dan Besse offered a noncommittal response to the request in an interview, and said he was has not seen evidence that operating trucks without air conditioning poses a health and safety risk to workers, notwithstanding anecdotal accounts by employees to council.

Taylor also acknowledged a correlation between backyard trash collection, which requires employees to pull carts over ground, and injuries. He said that as the city has transitioned from universal backyard pickup to curbside pickup with some exemptions, the number of injuries has decreased. 

The committee, which is comprised of Besse, Robert Clark and Derwin Montgomery (Denise D. Adams was out for an illness, and Montgomery left midway through the meeting), separately considered a recommendation by the Citizens Organizational Efficiency Review Committee to require a doctor's note as a condition for residents to receive backyard garbage pickup. About 3.5 percent of Winston-Salem households are exempt from curbside pickup, compared to roughly 1 percent in other cities across the state, including Greensboro. The city estimates that the more stringent approach would reduce utilization of the special service and save the city $114,000.

Clark, who chairs the public works committee and who represents the affluent West Ward as the sole Republican on city council, took the position that the city needs to tighten up the program.

"Everybody else requires a physician's statement," he said. "I don't know why we don't. I think when you abuse a privilege you lose it. And we are abusing this privilege."

Besse, a Democrat who represents the Southwest Ward, has already staked out the opposing position.

"I think that's an assertion without evidence to back it up," he said last night. "The citizens committee's numbers are based on the estimate that our rate is three and a half times the other cities. They are making the assumption that we'd go down to about 758 people. So they're making the assumption that about 2,000 citizens are lying to us. I don't see any evidence to back that up. I think it's more likely to be a matter of difficulties in getting a doctor's note. People do legitimately have problems getting the cart to the curb. 

"If we anticipate we're going to get anything like $114,000 in savings," Besse continued, "we are assuming that approximately 2,000 households are either lying to us when they say they don't have anybody living there who's able to get the garbage to and from the curb without problems or there's a significant drop-off because there's too much difficulty getting the doctor's note."

Besse added that the other cities make it too difficult for disabled residents to get exemptions from curbside service.

Councilman James Taylor Jr., a Democrat who represents the Southeast Ward, said he agrees with Besse.

"I think this is a situation where we have to assume that everybody's innocent until proven guilty," he said. "I think the people who signed up are truthful. And you have to take into consideration those who disproportionately may not have access to healthcare. That could put an undue burden on certain seniors and families."

Taylor is not a member of the public works committee, but he pledged to vote against it if it advances to full council for consideration.

Clark advocated shaming people who are abusing the system by publishing their names.

"My mother is 85 years old and she rolls her cart to the curb," he said. "Why are we three and a half times higher than the other cities? Give me the names. Print 'em."

Budget and Evaluation Director Ben Rowe told committee members that the cost savings from reforming the backyard collection program would allow the department to eliminate one crew, comprised of a driver and two laborers.

Besse and Clark agreed that a recommended minimum parking fine hike from $10 to $25 was too draconian, but that $15 was reasonable. Among North Carolina cities, Charlotte is alone in charging $25 for parking violations, while Durham charges $10, Greensboro charges $15 and Raleigh charges $20.

"I think 25 across the board is big city," Besse said. "We're medium-large.... That size of a jump cuts across our push to make our center city more shopper friendly."

The committee approved recommendations to increase fees for cemetery plots by 10 percent — translating into a rise from $700 to $770 — advancing them for consideration by the full council. Proposals to increase fees on trash collection from Dumpsters and standard curbside service, and eliminate brush collection failed to gain traction.

Public works committee to hear recommendations about operational changes in sanitation department

Sanitation laborer Todd Samuels

Staff from the Winston-Salem Sanitation Department will present recommendations for addressing operational concerns raised by employees at a meeting of the public works committee of city council at 5 p.m. today.

The committee is chaired by West Ward Councilman Robert Clark. Other members include East Ward Councilman Derwin Montgomery, North Ward Councilwoman Denise D. Adams and Southwest Ward Councilman Dan Besse.

The committee also plans to review measures recommended by the Citizens' Organizational Efficiency Review Committee to save the city money. Relevant to concerns raised by sanitation drivers and laborers about friction with residential customers, the committee recommends introducing more stringent requirements for qualifying for backyard garbage collection, saving the city an estimated $114,000.

The committee is also considering a recommendation to raise fees for parking violations from $10 to $25. The proposal has caught the attention of the Downtown Winston-Salem Partnership. Downtown business owners have voiced concerns that the fee increase would negatively affect downtown activity, at the urging of Jason Thiel, the partnership president.

Raising the fine amount would bring in an additional $210,000 in revenue, the city estimates. Should council approve the increase, Winston-Salem's minimum fines would be equal to Charlotte's and higher than Greensboro, Raleigh and Durham, which are respectively set at $15, $20 and $10.

The city is looking at ways to reduce costs in its brush collection program. City staff estimated that eliminating the program altogether could save the city $2 million, according to a memo by Budget & Evaluation Director Ben Rowe. The city estimates that converting brush collection to an on-call, fee-based service could save up to $991,000. Brush collection is currently offered to residents free of charge. The organizational efficiency review committee found that reducing frequency of pickup from once every two weeks to once a month would save the city $1.3 million and result in a reduction of 23 full-time equivalent positions. 

Other recommendations include

• Increasing fees for Dumpster garbage collection to break even on the program, at a savings of $122,000;

• Increasing annual fees to residential customers for yard cart service from $60 to $65 to generate $73,000 in additional revenue and cover the full cost of the program;

• Increasing fees for opening plots at New Evergreen Cemetery by 10 percent, from $700 to $770 for adults and from $600 to $660 for children, creating an additional $42,000 in revenue. 

Winston-Salem City Council passes resolution against Citizens United

Councilman James Taylor greets resolution supporters.

Winston-Salem City Council voted 5-2 on Monday night to approve a resolution opposing the Supreme Court's 2010 Citizens United v. Federal Election Commission decision.

A compromise between Councilman James Taylor Jr., the resolution's sponsor, and Councilman Dan Besse, passed with little discussion following about three months of shuttling to and from committee and wrangling over language and intent. The changes were made to address reservations expressed by Besse and garner his vote for the majority.

"When you start to see federally, on the state level and even locally in other cities that money was being placed over the people, I think this resolution sent a clear signal to everyone in our city that we won't put money over people, that people matter," Taylor said.

In addition to Taylor and Besse, the resolution garnered support from council members Vivian Burke, Denise D. Adams and Derwin Montgomery. Robert Clark and Wanda Merschel voted against the measure. Councilwoman Molly Leight, who had earlier expressed support for the resolution, was absent from the meeting.

With approval of the resolution, Winston-Salem joins Greensboro, Durham, Raleigh, Asheville and Chapel Hill in opposing the controversial Supreme Court ruling, which allowed so-called "super PACs" to spend unlimited cash in media advertising buys to influence elections as long as the expenditures are not coordinated with any candidate. 

The Winston-Salem council's resolution expresses opposition to "the Supreme Court's interpretation of the Constitution in Citizens United v. Federal Election Commission regarding constitutional rights for corporations."

The compromise resolution struck language calling on Congress to amend the Constitution to overturn Citizens United, calling instead "for the reversal" of the decision without naming any specific mechanism. But the title of the resolution still includes a reference to a Constitutional amendment.

To appease Besse the resolution also removed language stating, erroneously, that the Citizens United decision "declared corporations to be persons."

The final obtained by Besse removed the language articulating the stance that "only human beings, not corporations, are endowed with constitutional rights protected by the First Amendment," and avers instead that "the rights of corporations and other artificial beings under the First Amendment may be restricted to a greater degree and in a different manner than those of natural persons."

Supporters celebrated approval of the resolution at Foothills Brewing after the council meeting. Kim Porter with Occupy Winston-Salem said the resolution would not have passed without help from several organizations, most notably Democracy North Carolina, whose personnel helped gather more than 1,300 signatures on a petition.

"James Taylor has worked very diligently with residents of the city and different groups involved in this process," Porter said. "Many people told us that a corporate town like Winston-Salem would never pass a resolution against Citizens United. I'm glad we proved them wrong." 

Citizens United resolution moves closer to vote by Winston-Salem council

Tony Ndege of Occupy Winston-Salem urges members of the general government committee to approve a resolution calling on Congress to overturn the 2010 Supreme Court decision in Citizens United v. Federal Election Commission. 

The Winston-Salem City Council will consider a resolution next Monday calling on Congress to amend the US Constitution to establish that "only human beings, not corporations, are endowed with constitutional rights protected by the First Amendment" and that "money is not speech under the First Amendment and therefore regulating political contributions and spending is not equivalent to limiting political speech."


The resolution was approved by a 3-1 vote tonight by the general government committee following an amendment moved by Councilwoman Denise D. Adams to strike a reference to the US Supreme Court declaring "corporations to be persons" in the 2010 Citizens United v. Federal Election Commission decision, based on an objection by Councilman Dan Besse that the statement was not factually accurate.

Councilman James Taylor Jr., who brought the original resolution to council at the urging of Occupy Winston-Salem, reluctantly agreed to the amendment. The amended resolution passed with support from Taylor, Adams and Councilwoman Molly Leight, while Besse voted against it. 

City Attorney Angela Carmon concurred with Besse's reading of the Citizens United decision.

"I don't believe the decision declared corporations to be persons," she said. "I believe it declared corporations to be entitled to the same First Amendment protections as natural persons."

After the meeting, Besse circulated an alternative resolution stating that the Supreme Court's rulings "that unlimited spending by non-candidates in efforts to influence the outcome of an election cannot be regulated" and that corporations cannot be regulated as a class distinct from natural persons should be overturned.

City Attorney Angela Carmon told council members that amendments from the floor at next Monday's meeting are permissible. But Montgomery warned that his colleagues should be cautious about entertaining amendments lest the consensus around the resolution unravel and the matter wind up getting sent back to committee. 

"I believe we should send a clear message to the federal judicial branch to let them know that elections should not and will not be bought in this country, in this state and even in this city," Taylor said. "There are hundreds upon hundreds of cities all across the country that stand with us. It isn't just me presenting this. I represent some people who are here today, who I believe are going to speak. This is a grassroots movement. It isn't just us. There are hundreds of cities across the country, and even cities in this state that have approved the resolution calling for an amendment to the Citizens United decision. Those major cities in North Carolina are Greensboro, Durham, Raleigh, Chapel Hill, Asheville and Greenville."

Kim Porter of Occupy Winston-Salem said about a thousand Winston-Salem residents have signed a petition supporting the resolution, including NC Sen. Earline Parmon, NC Rep. Ed Hanes Jr., Winston-Salem NAACP President Wayne Patterson and former Councilman Larry Little, and 300 other North Carolinians from outside of the city also signed on.  

"When you give money free speech, you give corporations a much larger megaphone than, say, I could," said Adam Price, a resolution supporter who said he is currently homeless. "I don't have as much money. What does my voice count in a democratic system where my voice should count if I don't have as much free speech as the next guy. If we turn money into a form of free speech, then we now have a higher system of the amount of free speech than each person will be able to attain in their lifetime. I'm not going to be a millionaire -- I'm not going to say that -- but I'm probably not going to be a millionaire. But if money is free speech, then that millionaire has a million more free speeches than I do. One man, one vote, and if you support that -- support that democratic view of one man, one vote, you'll push this. Let's do this. Let's take it from the ground up. City Hall to Supreme Court. Let's do it. Come on, guys."

Besse has long opposed the resolution, arguing to colleagues that it is not an appropriate area for city council to get involved and that denying corporations the rights of personhood could have the unintended consequence of preventing groups of people from coming together to advance their interests.

"I voted against the resolution because I don't like the way it handled the corporate personhood issue and because it fails to address some of the problems in the Citizens United decision," he said after the meeting. "I think that Move to Amend and other groups like them take the wrong tack on the Citizens United case. It addresses a related issue and fails to address the fundamental issues of the Citizens United decision. I expect to discuss the alternative resolution that I drafted for the city council on Monday evening and simply lay out the option. I think for those who want this it's best to tell them: 'If you want to see Citizens United overturned, this is a better call. I told my fellow council members we would bring it to a resolution next Monday night one way or another. Whether I'm on the winning side or not doesn't really matter to me."

Tony Ndege of Occupy Winston-Salem indicated that he was satisfied overall with the committee's handling of the resolution.


"I'm happy that this is moving along," he said. "I am very unhappy that the wording on 'corporate personhood' has been struck, but I'm happy that the language about moving to amend was left in. Whether or not they agree or disagree, the idea that the original intent of the First Amendment, with the Fourteenth Amendment and with the Bill of Rights were for natural persons -- that is the essential argument. And it also boils down to whether or not we choose to stand on the side of corporate power or on the side of people."

Little: Burke and Adams 'went south on us' on justice for Kalvin Michael Smith

Larry Little, Earline Parmon, Augustus Dark and Darryl Hunt (l-r)

You have to wonder whether North Ward Councilwoman Denise D. Adams will face a challenge from the left during her reelection bid for Winston-Salem City Council next year.

The matter of the Winston-Salem City Council’s closed-session decision to August to not file a “friend of the court” brief requesting that a federal judge grant Kalvin Michael Smith a new trial was raised during a community forum at the Carter G. Woodson School on Saturday that was part of the National Alumni Association of the Black Panther Party.

Smith was convicted in the 1990s of brutally beating Jill Marker, an employee of the Silk Plant Forest store. Many people consider Smith’s case to be a wrongful conviction because the primary witness was unreliable and inconsistent, the brain-damaged victim was inappropriately interviewed and significant leads were not pursued. Former FBI Assistant Director Christopher Swecker said the original investigation “was seriously flawed and woefully incomplete” and a citizens review committee empaneled by the city council found “no credible evidence that Kalvin Michael Smith was at the scene” of the crime on the night of the attack.

The community forum was moderated by Larry Little, a former city councilman and former leader of the Winston-Salem Black Panther Party, and Darryl Hunt, who was wrongfully convicted of the murder of newspaper copy editor Deborah Sykes and later exonerated after spending more than 19 years in prison.

NC Rep. Earline Parmon asked the panelists to explain why “the city decided not to recognize the legal injustice that we’re trying to clean up?”

Little noted that the council initially appeared to be headed in the direction of officially declaring for the judge’s benefit that the investigation was flawed and the verdict questionable, but then “all of a sudden they backed off.”

During a meeting of the public safety committee of the council, five members – a majority – indicated they supported some type of official action to right the injustice, including East Ward Councilman Derwin Montgomery, Southeast Ward Councilman James Taylor, Mayor Pro Tem Vivian Burke, North Ward Councilwoman Denise D. Adams and South Ward Councilwoman Molly Leight.

Montgomery and Taylor stood firm, but when council went into close session to make a decision the majority eroded, with Adams, Burke and Leight peeling off.

Little singled out the two black members of council who switched sides in his comments, while sparing Leight.

“I have to tell you that Vivian Burke and DD Adams went south on us and refused to support the motion for appropriate relief,” Little said. “DD is walking away from these social justice issues, and has for a while. She won’t say it, but I’m telling you, DD – you don’t know what Vivian’s doing – but DD is running from her – she thinks her white constituents don’t want her on these type of issues.”

Little quickly added that “there are a number of white people you can see here who stand for justice,” likely referring to Kim Porter, Will Cox and their two daughters, who are active with Occupy Winston-Salem.

"She said in the meeting: 'Yes, we got to to do something. We got to do something. We got to do something,'" Little recalled. "And then it came to the vote, and she and Vivian backed off and did a 180-degree turn. And so you have to just look at it for what it is."

Adams won the North Ward seat in 2009 after Nelson Malloy, also an alum of the Winston-Salem Black Panther Party, announced his retirement.

Adams said after the council’s decision that the city has demonstrated its commitment by establishing the Silk Plant Forest Citizens Committee, a move that was taken before she was elected to council.

Council member Adams explains why she didn't support amicus brief in Kalvin Michael Smith case

When the public safety committee of the Winston-Salem City Council met in July, it appeared that a majority of members were on board with a request by the Silk Plant Forest Truth Committee to file an amicus brief requesting a new trial for Kalvin Michael Smith.

Derwin Montgomery and James Taylor Jr., who respectively represent the city’s East and Southeast wards, said they supported they supported the idea of the city filing an amicus, or “friend of the court” brief.

Denise D. Adams, their colleague from the North Ward made a statement that, at least on its face, appeared to align with Montgomery and Taylor’s position.

“There comes a time when we must do what is just and right,” she said. “We have to use our political will to always right injustice.”  

Others who made statements suggesting an inclination to intervene on Smith’s behalf included Mayor Pro Tem Vivian Burke and South Ward Councilwoman Molly Leight. Montgomery and Taylor stood firm, but the majority eroded. The council ultimately decided in closed session against filing an amicus brief and issued a statement from City Attorney Angela Carmon articulating that “the city council’s opinion on the merits of Kalvin Michael Smith’s petition for a writ of habeas corpus would not be legally relevant to the federal court’s review of the petition.” 

Adams said in an interview today that she decided to follow the city attorney’s advice. 

“As a city we have done several things such as in the process of this whole ordeal one of them was adopting the resolution in ’07 in establishing the Silk Plant Forest Citizens Review Committee,” said Adams, who was elected to the council in 2009. “That was a milestone. We hired two detectives to open up the case. We used our investigative authority to compel Detective DR Williams to present testimony to the council.” 

Adams indicated that she believes her support for the decision by the majority of council in closed session is consistent with her previous statement advocating using “our political will to always right injustice” during an open meeting of the public safety committee. 

“I can quantify reports, and there were several things that we’ve done to assist the justice process,” she said. “It’s not like we locked down the door and said, ‘We are not going to do anything.’… We’re providing all these pertinent pieces of documentation. What does that say about us that we’re doing nothing and we don’t care? Mr. Christopher Swecker [a retired FBI consultant] said that we implemented investigative techniques that exceed the FBI.”