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."

Young Democrats celebrate election wins across North Carolina

It's hard to say what the big takeaway might be from municipal elections across the state yesterday. The larger part of the outcome was surely determined by local issues.

In Greensboro's nonpartisan election, Nancy Vaughan easily ousted one-term mayor Robbie Perkins thanks to higher turnout on the west side of the city and voters' preference for a more deliberative approach to transformative undertakings such as the proposed downtown performing arts center.

In Winston-Salem's partisan election, voters ratified efforts to sustain fragile downtown development under the Democratic majority by reelecting incumbents by wide margins, including Mayor Allen Joines, whose Republican challenger was considered an embarrassment to his party. Durham voters also reelected a veteran Democrat, Bill Bell, as mayor.

In the state's largest city, Charlotte — whose mayoral stock has produced both Republican Gov. Pat McCrory and Democratic US Secretary of Transportation Anthony Foxx — voters chose Democrat Patrick Cannon for the top slot on council. In Fayetteville, Republican Nat Robertson eked out a narrow victory to become the city's next mayor.

If there's one storyline, it would be that it was a good night for Young Democrats of North Carolina, a party organization whose members are under the age of 36.

The organization is celebrating the election of Andy Ball as the next mayor of Boone, with second billing for Jamal Fox's upset win over Jim Kee for the District 2 city council seat in Greensboro. A Young Democrats press release states that "Jim Kee used deplorable tactics to try and push Jamal Fox" out of the race.

Perhaps more remarkable, Montravius King, a university student whose residency was challenged by a local Republican board of elections member, won election to the Elizabeth City City Council, along with fellow Young Democrat Darius Horton.

The press release also noted that Winston-Salem voters returned Derwin Montgomery and James Taylor to city council. Other Young Democrats who celebrated victories last night include Zeb Smathers in Canton, Chris Rey in Spring Lake, Calvin J. Harris Jr. in Oxford, Kady Ann Davy in Fayetteville, Ryan Stone in Black Mountain, and Jennifer Pena and Quint David in Boone.

Jamal Fox, Andy Ball and Zeb Smathers have all previously served as officers of Young Democrats.

"Republican efforts to disenfranchise young voters in Boone, Elizabeth City and across North Carolina backfired," Young Democrats President Sam Spencer said in a prepared statement. "Instead, Republicans have conceded millennial voters in this and future elections while inspiring a wave of Young Democrats to take office."

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.

Charlotte politician seeking 12th District seat visits Winston-Salem

NC Rep. Rodney Moore meets with Democratic leaders in Winston-Salem.

A state lawmaker from Charlotte with his eyes on the 12th Congressional District seat currently held by US Rep. Mel Watt made a foray into Winston-Salem to make his case to a small group of Democratic leaders yesterday.

NC Rep. Rodney Moore was introduced by NC Rep. Ed Hanes Jr., a Forsyth County lawmaker, during the informal question-and-answer session at Mayor Allen Joines' campaign office.

The district, which snakes along the Interstate 85 corridor from Charlotte to parts of Greensboro, High Point and Winston-Salem in the north, has been represented by Watt of Charlotte since 1993. Hanes told Moore that any Charlotte candidate who wants support from northern-tier voters will have to persuade them that he will provide equitable representation.

"I don't know how true it is, but I've heard there's been some perceived communication gap between different government entities," Moore said. "And so I just want to tell you that I'm going to be very open and accessible."

Watt's nomination by President Obama to head the Federal Housing Finance Administration has prompted a slew of Democratic politicians to put themselves in contention for the seat, which will be decided by a special election. In addition to Moore, NC Sen. Malcolm Graham (D-Mecklenburg) and Charlotte-Mecklenburg Schools attorney George Battle, along with two Guilford County state lawmakers, Alma Adams and Marcus Brandon.

Brandon made a converse move by campaigning in Charlotte over the July 4 holiday.

Graham topped a recent Public Policy Polling poll with support from 31 percent of likely voters, followed by Adams, with 22 percent. NC Rep. Beverly Earle of Charlotte carried 8 percent, while Brandon garnered 5 percent. Moore polled near the bottom, drawing 3 percent, along with former Mecklenburg County Commission chair Harold Cogdell.

The small group that gathered to hear from Moore included Winston-Salem Councilman Derwin Montgomery, Forsyth County Senior Democrats President Jim Shaw and the Rev. John Mendez.

Moore said depending on when Watt is confirmed the special election to determine his replacement could wind up being folded into the general election in November. The candidate said he would take a bipartisan approach to governing if elected to represent the 12th Congressional District, which leans heavily Democratic.

"I see that Washington, for the most part, right now it's just not functioning properly," Moore said. "It's a whole lot of soundbites, whether you're a Republican and you get on Fox News and you expound the party philosophy, the conservative philosophy; most of the time if you're a Democrat you're on MSNBC and you're expounding the Democratic philosophy, the liberal philosophy. I don't believe you can govern that way. You have to be able to talk to one another and get things done, even if you don't agree with each other."

Moore said, if elected, he would emphasize education, advocate for veteran services, use his relationship with US Secretary of Transportation of Anthony Foxx (who is the former mayor of Charlotte) to bring highway and bridge funding to the district and promote energy independence.

Montgomery, Diggs first to put names on the ballot for Winston-Salem City Council

Derwin Montgomery and Brenda B. Diggs

Derwin Montgomery, a one-term councilman seeking reelection in the East Ward, and Brenda B. Diggs, a political neophyte intent on winning the Northeast Ward seat, were jockeying for bragging rights as the first candidate to complete paperwork when filing opened at noon today at the Forsyth County Board of Elections.

Montgomery, who is defending his seat against former East Ward representative Joycelyn Johnson, arrived at 11:20 a.m. He drove straight to the election office from South Carolina, where he had been visiting family for the July 4 holiday, without stopping at home. Diggs arrived about 15 minutes later with an entourage of 18 people that included family, friends, community supporters and a designated photographer to commemorate the event.

The Northwest Ward seat sought by Diggs is currently represented by Mayor Pro Tem Vivian Burke, who could not be reached today for comment about whether she intends to file.

Diggs approached Montgomery about 10 minutes before noon.

"Derwin, you've done this before," she said, "but this is a history-making moment for me."

Montgomery files with help from election worker Judy Speas

Noting Diggs' entourage, Montgomery chuckled and said, "I should have taken a page out of your book."

He gave no indication of entertaining the possibility of deferring the honor.

Jacob Wright, an election worker, broke the polite standoff by offering to get Diggs started with her paperwork at another computer terminal down the counter.

Diggs celebrates her candidacy with supporters.

The deadline for filing is July 19 at noon. Winston-Salem operates under a partisan election system. Filing also opened today for nonpartisan municipal elections in Kernersville, Clemmons, Lewisville, Bethania, Tobaccoville, Rural Hall and Walkertown. In neighboring Guilford County, filing opened for nonpartisan elections in Greensboro, Jamestown, Summerfield, Stokesdale, Oak Ridge, Pleasant Garden, Sedalia, Whitsett and Gibsonville.

By noon, Montgomery was ready to put his signature on his paperwork. Diggs finished in quick succession and convened with her family, which included two grand-nieces, in the lobby for photographs.

UPDATE: Joycelyn Johnson has for the East Ward and Councilman Robert Clark has filed for re-election in the West Ward. Clark and Montgomery said Mayor Allen Joines plans to file on Monday.

Southeast Ward Councilman James Taylor Jr., South Ward Councilwoman Molly Leight, Southwest Ward Councilman Dan Besse and North Ward Councilwoman Denise D. Adams have also said they plan to file.

Research candidates for Winston-Salem City Council at YES! Weekly's online voter guide, Triad Elections '13.

Montgomery launches re-election campaign for East Ward

Derwin Montgomery

Winston-Salem City Councilman Derwin Montgomery opened his remarks with a recitation of his favorite poem, “It Couldn’t Be Done” by Edgar Guest, during a gathering on Monday evening at the Winston Mutual Building to kick off his re-election campaign in the East Ward.

“He started to sing as he tackled the thing/ That couldn’t be done, and he did it!” Montgomery recited, before recalling that he ran for city council four years ago as a 20-year-old Winston-Salem State University student.

Montgomery unseated incumbent Joycelyn Johnson in the Democratic primary four years ago by harnessing Winston-Salem State University student votes in a low-turnout contest. Johnson has announced plans to challenge Montgomery this year, setting up a rematch.

Mayor Allen Joines, East Winston community leader Marva Reid and businessman Algenon Cash were among those who appeared at the event to support Montgomery’s candidacy.

“He’s an energetic, bright young man that has brought a lot of talent to our council,” Joines said. “We’ve struggled in the vineyards, as you say, on some tough, thorny issues there, and it’s always been my pleasure to work with him. He’s been a big supporter of economic development to try to move this city forward.”

Reid, president of the East-Northeast Winston Neighborhood Association, said, “The East Ward needs a person that see their leadership as doing the people’s business. In the past, East Winston leaders were considered the swing voters or going along with the majority. But Councilman Derwin Montgomery has exemplified that he will stand up [against] injustices for us and for all people.”

Cash, a Republican, acknowledged that Montgomery “and I don’t share the same politics,” but said, “I stand here tonight in full support of this young man and his vision.”

Montgomery said it was no coincidence that he chose to launch his campaign at the Winston Mutual Building, a four-story landmark in the East Winston landscape that has sat vacant in recent years. Fifth Street Investments, a company registered by local developer Hank Perkins, bought the property last September.

“Six months [into my term] that’s when they made everybody move out,” Montgomery recalled. “The company went into receivership. Everybody was afraid that it was going to be demolished. It was important to preserve the building because it had so much symbolism in representing African-American entrepreneurship.”

Montgomery said the 2013-2014 annual budget recently approved by city council includes a provision to move the Winston-Salem Police Department’s crime-prevention unit into the second floor of the Winston Mutual building.

“It’s going to say to the entire community that this building is back in use, and we’re going to put tenants in it,” the councilman said.

The candidate built on the theme of his surprise win four years ago.

“We showed this community that things can be done that we think cannot happen," he said. "We continue to look at all the obstacles that we face in this community. We have done great work over the past four years. We have worked with the mayor and the rest of the council to try to bring more jobs to bring more jobs to Winston-Salem and to create an environment that is open to businesses to grow and develop. We try to nurture that same environment when it comes to small business and small-business development."

Montgomery said one of his priorities is matching people who are looking for work in the East Ward with employers who are trying to fill job positions.

“As a council member it’s not written in my job description that that’s something that I’m supposed to do," he said. "But the community needs individuals that will do that type of work. We need individuals to continue to move forward to connect the dots for neighborhoods that have felt separated from what is happening in downtown Winston-Salem and across the entire city."

Winston-Salem council approves merit increases in budget vote

Councilwoman Wanda Merschel (left) and Councilman James Taylor

It played out a little bit like the reality TV show "Survivor" in reverse.

After Winston-Salem Councilman Derwin Montgomery made a substitute motion to eliminate raises for council members, three hands went up immediately with the remaining five members hesitantly joining: No one wanted to be left alone on the island.

Not that some council members hadn't fought for the raises.

Only moments earlier, Councilman Dan Besse had cited the "symbolic value" of council members giving themselves a pay raise of about $150 per year when spending for many departments and community agencies was being reduced. Besse proposed that pay increases to council members be deleted and council members be allowed to redirect the funding to whatever line item they chose.

Councilman Robert Clark belittled the proposed funding streams as "a slush fund," and voted against the measure, along with Mayor Pro Tem Vivian Burke, Councilwoman Wanda Merschel and Councilwoman Molly Leight.

When the finance committee took the final pass through the budget last week, Merschel, Clark, Leight and Burke declined Besse's request to take the council member raises out of the ordinance despite Besse's threat to vote against the budget if they remained.

The $378.9 million budget sets the tax rate at 53 cents per $100 of valuation, expands bus service to Sundays and provides three-tiered merit increases to employees. City leaders said 70 percent of property owners will see their tax bills go down, based on the recent revaluation that resulted in lower values for most.

Under the compensation plan, employees recognized as top performers will receive 3-percent raises, while those deemed "strong" will be rewarded with 2.5-percent increases and solid workers will earn 1.5-percent raises.

Councilman James Taylor Jr. noted the city employees who crowded into the gallery to witness the vote.

"As I look over the room, I see some of our first responders, some of the men and women who drive our buses and who do the work that needs to be done for our city," he said. "We want to make sure that we are retaining the brightest and the best, and I believe this budget, this merit increase is a road to doing just that."

David Pollard, president of International Association of Fire Fighters Local 682 representing city firefighters, hailed the raise.

"We've just seen the League of Municipalities study showing how far behind other cities we are," he said. "We're not anywhere near competitive. Hopefully, they'll continue to improve pay."

Pollard also said the firefighters union considered it a "big win" that the city retreated from a proposal to eliminate three fire inspector positions, instead opting to cut one slot that was already vacant.

Ramona Eller, a driver with Winston-Salem Transit Authority's Trans-AID program — which provides door-to-door service for the elderly and disabled — was one of several uniformed employees who attended the meeting. She applauded the vote, but said it was inadequate.

"I think it's not enough because of the hard work we do," she said. She added that she moved to Winston-Salem from Illinois, where she received significantly better pay for a similar job.

In fact, raises for transit workers are hardly a done deal. Budget Director Ben Rowe said after the meeting that the city council vote did not cover transit workers. The transit authority, which operates independently but depends on city funding, will negotiate raises in coming weeks with Transport Workers Union Local 248, which represents employees. Rowe added that the transit authority's budget is funded sufficiently to pay for the same level of raises as employees in conventional departments stand to receive.

Burke cautioned employees that they should expect to earn any raises, and warned against favoritism.

The mayor pro tem said there are "many employees who work and never look at the clock. They come early; they leave late. Now, if you're going to be realistic, the taxpayers are also looking at the employees who are out in the field. They know what they're doing and what they're not doing.

"Also, I said to the city manager: 'Some come and they bring too many of their personal problems to the job,'" Burke added. "So if they come, let them come and do their jobs, and they wouldn't have time for anything but the job that they have been assigned to do. And I think we've talked about the supervisors when they are grading the employees, there'll be no buddy system. If people are working, we are going to give them credit, and we want it to be done fair across the board."

Winston-Salem council votes 4-3 to cut fire inspector positions

IAFF Local 682 President David Pollard reacts to a decision by Winston-Salem City Council to cut fire inspector positions.

Winston-Salem City Council took a machete to the budget on Monday, chopping out three fire inspector positions in a split decision as part of review of a set of recommendations by a citizen committee to find cost savings through either spending cuts or fee increases.

Supporting the elimination of three fire inspector positions were Mayor Pro Tem Vivian Burke, who chairs the public safety committee, Councilwoman Wanda Merschel, Councilwoman Molly Leight and Councilman Robert Clark. Mayor Allen Joines does not vote unless there is a tie. Councilwoman Denise D. Adams was not present for the vote.

"I want to make clear to the public that we will not be jeopardizing safety," Burke said before making the motion to cut the positions. She added that she was relying on the expertise of the city manager's office to make that judgement. The cuts will save the city an estimated $135,000.

Councilman Dan Besse, Councilman James Taylor Jr. and Councilman Derwin Montgomery opposed the cuts.

Besse said there was legitimate difference of opinion between the city manager's office and fire department on whether the cuts would have a negative impact, adding, "I am going to err on the side of public safety."

Taylor said he trusts the people who fight fires to know their business the best. More than 20 Winston-Salem firefighters represented by the International Association of Fire Fighters Local 682 witnessed the vote.

The organizational efficiency document prepared by the city manager and the budget office states that the city's inspection schedule exceeds state requirements, and that by bringing the city's schedule in line with state standards five suppression personnel could take on the workload currently performed by the three full-time inspectors. Deputy City Manager Derwick Paige said the suppression personnel would have to each spend an additional hour and 30 minutes per day performing fire inspections to make up for the loss of manpower.

Local 682 President David Pollard took issue with Paige's reasoning after the vote.

"The point that was brought out as far as being able to cut those inspectors and put the load on the other inspectors is, those three inspectors, that's all they do," Pollard said. "They do nothing but fire inspections. The other employees in that office, they have a lot of other responsibilities that they do with fire investigations in the city, with a lot of their training, with a lot of the teaching opportunities that they do. So there's a lot more responsibilities there. They cannot focus on all these additional fire inspections as well as these three inspectors can."

The organizational efficiency document warns that the "recommendation could lead to an increase in the number of preventable fires resulting in property damage, injuries and death."

Fire Chief Antony Farmer said because of the department's current staffing levels, Winston-Salem has an enviable track record of protecting commercial buildings.

"When the firefighters go in to do an inspection it's an opportunity for them to see the business," Farmer said after the vote was taken. "It's like a pre-fire survey to see how things are positioned and to talk to the owner about a plan. I suspect that we will find that the other cities around the state have a few more fires in commercial areas. When we added them back in 2007, these inspectors had a 100 percent re-inspection rate, meaning that they re-inspected every single building where they found a violation."

After voting to cut positions for the three inspectors the council decided by consensus to send a related recommendation to adopt state inspection standards back to the public safety committee for further review. Clark signaled some confusion with the move, remarking that when he voted to eliminate the three positions it was with the understanding that the state's more relaxed schedule would make the workload manageable for the remaining inspectors.

The vote to eliminate fire inspectors was by far the most contentious item on the slate of recommendations considered by council, which amounted to a total savings of $1.5 million.

Council members unanimously voted to have the fire department respond only to life-threatening EMS calls, saving $145,000 and to increase parking fines from $10 to $15, raising $70,000 in additional revenue.

A proposal to tighten up the city's backyard garbage collection program by requiring a doctor's note from residents who wish to take advantage of the special service was sent back to the public works committee. The recommendation had previously advanced from public works to the committee of the whole on a split 1-1 vote, with Clark in favor and Besse opposed.

The change would save the city an estimated $114,000.

Besse repeated an argument that there is no evidence that the program is being abused, and said the other cities in the state, which require doctor's notes, are likely denying service to people with disabilities because they're unable to obtain the required documentation.

Montgomery and Leight said they have some concerns about how the program is currently being managed.

"I do believe there are individuals in some places, and even individuals that I have spoken with who said they simply submitted a form because they could," Montgomery said.

Leight added, "I have had citizens tell me that 'my neighbor has backyard pickup, so I just put my trash in their bin.' So, yes, there is definitely abuse. I see nothing undignified in asking your doctor for a — people do it with parking tags. So I agree that it could probably be looked at a little more closely."

Merschel expressed caution about pursuing changes.

"I do remember this is one of the concessions that the current council made, so I guess I'd like to see a little more notification perhaps," she said. "'We're looking at it. We're studying it.' Kind of an 'Oh by the way, this might come up in six months' or something. Because I do understand there is a lot of conversation on behalf of our seniors. And we're just kind of trying to ease into that."

Lawrence Joel Veterans Memorial Coliseum and Bowman Gray Stadium for sale

In a day full of momentous developments for Winston-Salem, City Manager Lee Garrity announced that the city has received a formal offer from Wake Forest University to buy Lawrence Joel Veterans Memorial Coliseum, while Winston-Salem State University has made a tentative offer to purchase Bowman Gray Stadium, pending approval from the NC General Assembly.  

The council asked Mayor Joines to schedule a committee of the whole meeting as soon as possible so that members can review the terms of the proposed sales. City leaders say the sale of the facilities could potentially save the city $30 million.

Council heard from members of the public who were both in favor and opposed to the sale of the two city facilities on Monday afternoon. Public comments sometimes took on a racial tone, particularly relating to the potential demotion of Lawrence Joel, a black Medal of Honor recipient who fought in the Korean and Vietnam wars, and worries that the survival of stock-car racing would be imperiled under the ownership of historically black university.

The coliseum has been appraised at $33.1 million. The city estimates a savings of $8 million in operating losses over the next 20 years while avoiding the need to invest $14.3 million in capital improvements. Subtracting an additional $1 million for event and lease commitments and $1.8 million for deed restrictions, the city is considering selling the facility to Wake Forest University for $8 million.

The city has negotiated with the university to retain the wording "Lawrence Joel veterans memorial" in the lobby and plaza in addition to the website. Wake Forest would receive all other naming rights.

"In order to mitigate the operating loss, they are proposing they would sell the main name of the coliseum but retain the name in the lobby and plaza," Garrity said.

Some council members acknowledged that money trumps the city's commitment to honor its veterans.

"It is about the money in a lot of ways," Joines said. "If we were to turn our backs on $30 million, we would not be upholding our fiduciary responsibilities to the citizens."

Merschel suggested the city can find other ways to honor veterans.

"Brick and mortar is not a living monument to anyone," she said. "The way we treat each other with respect is a living, breathing monument."

Merschel went on to say that she was "astonished" that a citizen had said that only people of color could feel reverence for Joel's name. The council woman added that she believes Winston-Salem has made significant progress in race relations over the years.

"The people I consider colleagues and friends here," Merschel said, "I believe we're past bricks and mortar."

Former mayor Martha Wood noted that the city has recently realized $800,000 by switching over to rolling carts for its recycling program, and suggested that surely it could close a $400,000 annual operating deficit through similar management improvements.

"Surely our city can find a way to plug such a hole without selling the soul of our city," she said.

Garrity responded that, unfortunately, the cost savings from the recycling program can only be achieved once. He challenged the notion that the coliseum's operating deficit could be closed through better management.

"We can bring in more events," he said, "but I assure you we'll lose more money."

The former mayor's husband, Frank Wood, said that whatever council members' intentions, if the name Lawrence Joel (a black man) is removed and the name Bowman Gray (a white man) is retained, the city will have reached "a racist result."

Councilman Clark protested, "To play the race card at this point I thought was most offensive."

A handful of white citizens spoke warmly of attending races over the years at Bowman Gray Stadium, citing it as a facility built with working-class taxpayers' money where friendships were forged and affordable entertainment could be enjoyed.

Winston-Salem State University has agreed to honor an existing leasing agreement with Winston-Salem Speedway Inc. so that racing can continue. The name Bowman Gray will also remain. But Charles Phillips, a High Point resident, expressed skepticism that the university would capably manage the stadium as a racing facility.

"Money's not everything," said Tim Bowman, a former Winston-Salem resident who now lives in Clemmons. "The dignity of the people in this town is a little more important than money. We pay your paychecks and we put you in office. Next time we vote, we'll remember this."

Clark said he might consider the two potential sales separately, adding, "As far as Bowman Gray, if the racing folks are not happy, I'm not happy."

Some citizens asked whether council members who have formal relationships with either university should be excused from voting on the potential sales of the facilities. Mayor Pro Tem Burke acknowledged that she holds a seat on Winston-Salem State University's board of trustees. City Attorney Angela Carmon said there was no conflict of interest for any council member, including Burke, to vote on either transaction.

"I have not even participated with the trustee board when the matter comes up," Burke said.





 

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."

Winston-Salem council members take official and dissenting stances on Kalvin Michael Smith

After city of officials disclosed that the city council would not file an amicus brief requesting a new trial for Kalvin Michael Smith on Monday, the city of Winston-Salem has released an official statement today outlining legal justifications for its inaction.

City Attorney Angela Carmon said in the statement that "the city council's opinion of the merits of Kalvin Michael Smith's petition for writ of habeas corpus would not be legally relevant to the federal court's review of the petition."

Explaining the basis of her judgment that the council's opinion was not "legally relevant," Carmon said in an interview: "The federal court's review is limited to the evidence that was presented in state court."

Hollander countered that the city's opinion of the integrity of the investigation is relevant because Smith's habeas corpus petition alleges that information was improperly concealed by the prosecution in the state court case, and that the federal courts have oversight of such omissions.

The statement also said that the "council recognizes that it is not within its jurisdiction to: (1) determine the guilt or innocence of Kalvin Michael Smith; (2) instruct the court system (state and federal) on how to conduct a review of any proceeding before it; or (3) instruct the attorney general of the state of North Carolina regarding the handling of any criminal matter."

Previously.

Jet Hollander, a co-chair of the Silk Plant Forest Truth Committee, said of the city's statement: "It's an absolute legal distraction and complete baloney, and they know it. Anyone can go to court and say I or someone who is working for me gave me bad information and I need to get you the complete and accurate information."

He added that the majority of council was throwing up a smokescreen by pleading that it did not have the jurisdiction or authority to take a number of actions — that the citizens group had not asked them to take.

"No one's asking them to do anything but tell the court they now know the trial record is flawed because they contributed to it through a flawed investigation," he said.

Silk Plant Forest Truth Committee, which requested that the city file an amicus brief, had anticipated that argument.

Hollander told the city council's public safety committee last month: “There was a comment by the city manager as to whether the city council should weigh in on this matter. “I would respectfully suggest that the city of Winston-Salem has weighed in with the trial record that so many people say was faulty. In the words of former [FBI] Assistant Director [Chris] Swecker, it was ‘seriously flawed and woefully incomplete’ — that’s a quote. The trial record was produced by an agency of the city of Winston-Salem…. The question is whether you will tell — as Mr. Swecker stated, ‘The full record tells a more complete story of the Silk Plant Forest investigation.’ That’s the question — whether you are going to go to court and say, ‘What was told to you was not the complete truth.’” 

Carmon characterized Hollander's plea as "a non-legal argument," and said she couldn't consider it in her evaluation.
 
Councilman Dan Besse, who represents the Southwest Ward, defended the council's decision in an interview with YES! Weekly this morning, arguing that the council members don't hold sufficient expertise in criminal law to play a credible role in the court process.

"The city council is not a body that is legally charged with overseeing the conduct of court cases, and it doesn't have any authority of any kind over the criminal justice system," Besse said. "The concerned citizens in this case are in effect asking the city council to weigh in on the conduct of a criminal trial over which the council has no jurisdiction and no professional training to exercise judgment. What that means when it comes to the value of the city's attempt to file an amicus brief is just what the last sentence of the city attorney's statement says: The city council's opinion of Mr. Smith's petition for writ of habeas corpus is legally irrelevant to the federal court. I would expect if the city had attempted to file an amicus brief that the court would have said, 'No, you can't do it. We won't accept it. You have nothing that is legally relevant to our review to tell us.'"

Besse dismissed the notion that the council could have relied upon the considered opinion of Christopher Swecker, a former FBI Assistant Director with extensive law enforcement experience, who reviewed the case and expressed the opinion that Smith deserves a new trial.

"But the fact would remain that what the citizen group is asking us do is give our amateur opinion of the analysis offered by one professional law enforcement person," Besse said. "That goes against the analysis of other law enforcement persons. It still comes back to the city council doesn't have the training or the role to pass that judgment on his judgment, and the federal court which has Mr. Smith's writ for habeas corpus under its jurisdiction knows that."

Besse also said the conclusion of the Silk Plant Forest Citizens Review Committee, which was empaneled by the city council, that they had "no confidence in the Winston-Salem Police Department's investigation... or the result of the investigation and voted 7-2 finding no credible evidence that Kalvin Michael Smith was at the scene of the crime," did not give the city authority or expertise to weigh in with the federal courts.

"That's not what we asked them to do," he said. "We did not ask them for their judgment on the merits of the trial outcome.... We asked them to review the police investigation that were part of it and make recommendations to us on improvements that we ought to make in the procedures of our police department. They also went beyond their charge to offer their opinion on the outcome of the Silk Plant Forest case. That's not what we asked for. That wasn't their job. If you look at the makeup of the Silk Plant Forest Committee, I don't think you'll find experts on criminal process and law on that committee."

Following a press conference on the steps of City Hall at noon today, East Ward Councilman Derwin Montgomery issued a statement on the case. He noted that he was breaking tradition by publicly dissenting against the city's official position.

"Because this case is in the courts," Montgomery said in the statement, "some have stated that intervening is not the role of the city. I must beg to differ. This city, though the incompetent investigation lead by DR Williams and his questionable tactics, failed Jill Marker and Kalvin Smith in its investigation. I believe if this city has impeded justice, it must do everything it can to right such a wrong, no matter at what stage it intervenes, and it should not consider potential monetary liability."

Montgomery charged that the council "has failed its citizens by doing nothing because it sends a message that a person can be treated without regard by its police department, and the council, as the highest level of oversight, will not speak up."

Montgomery added that the "statement lacks council ownership, substance and only informs the public of what they already know... we have decided to do nothing. This statement also lacks any affirmation of the citizens review committee's 'vote of no confidence in the investigation.' Lastly, it further fans the flames of a lingering 'force of complacency' in this matter."

Zoning dispute could bring about entertainment district

A conflict between entertainment and residential uses on the northern fringe of downtown Winston-Salem could put the city on the path of developing an entertainment district as a new zoning classification.

After hearing concerns from a lawyer representing the opposition, the city council decided to take no action on a rezoning request by property investor Jonathan Waterbury, who is seeking to rezone his building at the corner of North Main Street and Martin Luther King Jr. Drive from light industrial to pedestrian business, which allows residential uses.

Councilman Derwin Montgomery, whose ward encompasses Waterbury’s property as well as Ziggy’s, made a motion of no consideration, meaning that the request could come up again at the full council’s next meeting on March 26. Montgomery expressed concern about the potential for the rezoning to negative impact existing property owners, including Ziggy’s and District Roof Top Bar & Grille on Trade Street. He added that he had hoped that by delaying the decision the opposing parties would find common ground, but that did not come to pass.

(Disclosure: YES! Weekly publisher Charles Womack is a part owner of Ziggy’s and this reporter maintains a satellite newspaper office in the building.)

“High-intensity, crowded, noisy uses are popular with the young people Winston-Salem wants to attract,” said Donald M. Nielsen, who represents Ziggy’s and the District. “These uses, of course, don’t have to be downtown, but a successful downtown needs to have a place where they are accepted and ideally would be celebrated as a key ingredient in a vital downtown.”

Lawyer Everett Powell told council his client, Jonathan Waterbury, moved to the neighborhood about 15 years ago.

“He’s an artist in an artist’s area, and he was one of the first to become a resident and a working member there in this area in this building,” Powell said. “And he spent a lot of money rehabilitating it and making it into a very nice work area and residential area.”

Nielsen told council that the owners Ziggy’s, which opened last August, worked closely with the city to ensure that the venue would be compatible with its neighbors, including factoring topography and nearby buildings into noise mitigation. He added that the owners did not know that Waterbury “made his permanent home” nearby.

“The natural result of a large entertainment venue right next to a home or nearby a home is tension,” Nielsen said. “Mr. Waterbury complained about noise from Ziggy’s between the time it opened and the time of his rezoning application.”

Nielsen said the city’s noise ordinance was written to protect residents — who, he might have added, like to sleep in peace at night — but Ziggy’s and similar music venues provide entertainment primarily between the hours of 10 p.m. and 2 a.m.

“My clients have met with elected officials and city staff to discuss an alternative, which would protect live entertainment facilities and allow residential,” he said. “The city could embrace the recommendations of downtown plans that formally designate this area as an entertainment district. Within the district, there could be measures that would protect entertainment facilities and encourage residential development. It would be explicit that loud noise and late hours are expected, and even celebrated.”

Although discomforted by the prospect of threatening the viability of entertainment businesses, council members signaled that they also want to encourage residential development in downtown.

Earlier, the council had approved a rezoning from light industrial to pedestrian business for a quarter-acre site at North Main Street and East 7th Street. Planning Director Paul Norby noted to council that since 2002 a succession of such transitions allowing a mix of business and residential to replace industrial uses has occurred along the eastern side of downtown running towards the northwest.

“To us, that’s a sign of progress,” said Mayor Pro Tem Vivian Burke, who represents the Northeast Ward, “if we looked at where we’ve come from and where we’re going.”

Montgomery said the council’s public safety committee will look into the possibility of creating an entertainment district at its next meeting on March 19. He added that staff in the planning and legal departments will likely draw up a proposal for council’s consideration.

“You have to ask the question: Is this the area that you designate for entertainment,” Montgomery said. “If it is entertainment, how does the residential threaten entertainment? This is an individual who has made a substantial investment. We want people to bring business to Winston-Salem. This individual was there first because he has been there 15 years, but without it being zoned in a residential use, it’s as if you were there illegally.”