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 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."

Diggs kicks off campaign for Northeast Ward seat on city council

Brenda Diggs addresses volunteers at the Mazie Woodruff Center.

Brenda Diggs kicked off her campaign for the Northeast Ward seat on Winston-Salem City Council with about 50 supporters at the Mazie Woodruff Center.

Everyone has been asking why she is running, Diggs said.

"Everything I've done it's not been done for me," said Diggs, a retired bank executive, who has serves on the city's police retirement commission and has chaired United Way campaigns. "It's been because I believe I was given power, I was given ability, I was given a mind to do something that enriches the life of someone else. And I will tell you that journey is not an easy journey. When you decide that you will be a servant, just the 'name' servant' can invoke pride in some, fear in some, envy in some and, yes, anger. But for me, that is my life.

"So it's a simple answer I give to the question of why are you running, why are you running now?" the candidate continued. "I want to serve all of the people of the Northeast Ward. I want to be the voice for those who don't necessarily feel today they have a voice to represent them."

Diggs is challenging longtime incumbent Vivian Burke in the Democratic primary, along with Jemmise Bowen. The primary winner will meet Republican Michael Owens in the general election for the heavily Democratic ward.

Diggs paid homage to Mazie Woodruff, a former county commissioner, whose life the candidate said paralleled and influenced her own. Woodruff is the namesake of the Forsyth Tech satellite campus in northeast Winston-Salem, where the campaign event was held.

"She was an absolute dynamic servant leader in this community," Diggs said of Woodruff. "She had a very gracious, warm smile. She always went around the city doing what she could do help someone else. And the beautiful thing about her is that she never, ever — I don't remember ever reading or hearing about her asking anything for herself. Neither do I remember her saying, 'Look at what I've done. Look at me. Pat me on the back.'"

Diggs poses with her campaign volunteers.

Diggs' event drew one sitting council member: Molly Leight, who represents the South Ward.

"I do have to acknowledge that there is someone who is currently sitting on the city council with me today, and I consider that an absolute privilege," Diggs said. "Any time someone thinks enough of you to come out and be a part of what you're doing, that is a great thing."

Winston-Salem council approves first entertainment district

Ziggy's, a Winston-Salem music venue, is in the heart of the new entertainment district.

The Winston-Salem City Council said, "Let it rock!" with a lopsided 7-1 vote on Monday night to approve an entertainment district encompassing Ziggy's and the District Roof Top Bar & Grille, drowning out the objections of neighbors to the south in the Downtown Arts District.

The applicants, represented by consultant Drew Gerstmyer, lined up support from a powerful set of influential players, including the Downtown Winston-Salem Partnership, the Wake Forest Innovation Quarter and Goler Community Development Corp., whose leaders spoke in support of the rezoning, which is designed to protect entertainment venues from complaints by residents.

But the president of the Downtown Arts District Association and a couple business owners on Trade Street urged council to turn down the request, citing concerns about public safety, sanitation and parking.

Councilwoman Molly Leight, who represents the South Ward, cast the lone no vote.

"Downtown is like Legos; it's building blocks," said Councilwoman Wanda Merschel, the Northwest Ward representative. "And this community has been bringing out our Lego set for years and years. We brought out the expanded sidewalks. We brought out two ways on 4th Street. We brought out the restaurant row. This community has just put Lego after Lego after Lego out there. And one of the next things, I hope, will be a business improvement district, because we don't want to be guilty of our own success.... I view this as just another key Lego piece going into the development of downtown."

Mayor Pro Tem Vivian Burke echoed Merschel's sentiment that the city has invested too much in downtown development to not take the next step.

The council's action creates an entertainment district with relaxed regulations for noise to encourage entertainment facilities catering to young people north of 7th Street on either side of Trade Street, reaching beyond 9th Street.

"I think the thing all of us are talking about is the concern for safety," said Kathy Gaultin, president of the Downtown Arts District Association. "We have a lot of businesses that are currently in the proposed area of the district. We have a lot more traffic than we used to have. We also have a lot more sanitation issues. We have a lot more safety issues. I don't know if more people misbehave or we just have a larger demographic."

Antonina Whaples, a 25-year-old Wake Forest University graduate, recently took over Kindred Spirits, a new-age store on Trade Street, with her husband, an Iraq war veteran. She said the entertainment district would imperil the nearby arts district south of 7th street, especially fledgeling business owners.

"My main concern is that this entertainment district isn't going to assist in the younger generation's ability to make entrepreneurial success in Winston-Salem, especially downtown," she said. "I don't think I have to tell any of you that it's hard out there for college graduates. I worked for an entire year after graduation as a bagger. Through ingenuity, hard work and an excellent business loan I was able to make this happen.

"I'm very concerned that this entertainment district is going to bring in some energies to the downtown district that is not going to be supportive to the artists that are downtown," Whaples continued. "Artists are the kind of people we need without the worry of our rent going up, insurance increasing because of worries about theft and dangerous people downtown after hours. There's concerns about those things. When people are inebriated, the danger increases. I don't have to tell you being a young woman, it's dangerous to walk out of your store at night. You want to feel comfortable."

Will Knott, a member of the arts district association, noted that the district already has a number of bars and restaurants, some of which are members of the association. He said the galleries that operate during the daytime are challenged when patrons of the bars who are over-served leave their cars parked on the street overnight. Finnigan's Wake, the Silver Moon Saloon and Single Brothers are among the bars located on Trade Street south of 7th Street.

"We are a vibrant, but we are a fragile neighborhood — small businesses, many of them that are marginal in their profitability," Knott said.

"The E district would also encourage crime — just sort of natural, goes with it," Knott added. "I've talked to Drew and his people, and they understand and talk about additional security, but it is a factor. It can create a seediness that the art pioneers have worked hard to get rid of. The tourists — 60 percent or so of our business comes from out-of-town people. If tourists, people in the hotels, don't feel comfortable, they're not coming down. They're not buying art."

Councilman Robert Clark, who represents the West Ward, acknowledge the growing pains that attend balancing growth between art galleries and entertainment facilities.

"Knowing there's a lot of beer served," he said, "I have a feeling we may have a problem with public urination."

Larry Olds said a provision in the ordinance when council created the new zoning category last November that prohibits other entertainment districts within a mile radius was "a serious oversight and mistake."

"We should have several entertainment districts in downtown," he said.

Greg Carlyle, owner of the Millennium Center at 5th and Trade streets, did not attend the city council meeting. But minutes from the June 13 City-County Planning Board meeting reflect that he stated that the zoning change would put him at a competitive disadvantage because he will be ineligible to rezone his property as an entertainment district.

Three speakers lined up in support of the initiative.

"I think this represents progress," said Jason Thiel, president of the Downtown Winston-Salem Partnership. "I think in some cases you do want to allow for the higher volume of music and outdoor entertainment. I think you see that in most of the cities that we compete with as peers."

Eric Tomlinson, president of Wake Forest Innovation Quarter, said he had recently been at an establishment near 7th and Trade streets "winding down" with a group of colleagues.

"I had a lot of fun doing that," he said, "and I can see how that would attract a lot of youth and a lot of energy into our city."

Michael Suggs, executive director of Goler Community Development Corp. — a nonprofit involved in housing development and other revitalization efforts in the area directly to the east of the entertainment district — also urged approval.

"We think it's going to be a good thing that's going to spur some economic growth in the area," Suggs said. "If you look at the picture, it's literally the hole in the doughnut. It's not connected to any particular development. We think doing this type of project, it has the potential to connect particularly the area of Kimberly Park to some of the things that are happening."

Councilman Derwin Montgomery, who represents the East Ward, said the rezoning represents an opportunity to lay a foundation for a harmonious mix of uses in an area that to date has few residents "with the understanding that when you move in residential you'll have that understanding between those two."

"Other cities are watching us to see how this works," Montgomery concluded, "and I think we're going to be an opportunity for others around the state to be able to copy what we've done here in Winston-Salem."

Disclosure: YES! Weekly's publisher is a part owner of Ziggy's, one of the subject properties in the new entertainment district.

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 moves toward sale of coliseum and stadium in racially divided vote

City Manager Lee Garrity and former Alderman Virginia K. Newell

Voting along racial lines, a narrow majority of Winston-Salem City Council directed staff to move forward with the sales of Lawrence Joel Veterans Memorial Coliseum and Bowman Gray Stadium today.

The proposed sale of the two city facilities to separate universities yokes together two transactions that tap into an undercurrent of racial division, while satisfying and antagonizing a complicated mix of constituencies — on one hand offloading the coliseum to Wake Forest University in a deal that could downgrade the name of an honored black native son, and on the other handing off the stadium to Winston-Salem State University and discomforting predominantly white car-racing fans who patronize the facility.

Councilwoman Wanda Merschel, who represents the Northwest Ward, made the motion during a committee of the whole meeting today to bring the proposed sale to council for consideration at its next meeting on May 20. Councilwoman Molly Leight, who represents the South Ward, seconded the motion. Council members Robert Clark and Dan Besse, who respectively represent the West and Southwest Wards, also supported the measure.

Mayor Pro Tem Vivian Burke and Councilman Derwin Montgomery, respectively representing the Northeast and East Wards, abstained, while Southeast Ward Councilman James Taylor Jr. voted in opposition. North Ward Councilwoman Denise D. Adams was not present for the vote.

"Most of the pain of selling the coliseum has to do with potentially losing the name Lawrence Joel," Leight acknowledged. 

Joel was an African-American Army medic and Winston-Salem native who won the Congressional Medal Honor during the Vietnam war for saving the lives of at least 13 American soldiers during a firefight with Viet Cong forces in Bien Hoa province in 1965. Joel was recognized for crawling across the battlefield with a plasma bag under enemy firefight, self-medicating himself after getting shot twice during a 24-hour firefight.  

The meeting was attended by former Alderman Virginia K. Newell, who made the motion in 1986 to name the coliseum after Joel, and Martha Wood, a former mayor who also played a role in honoring the Army medic.

"The black community looks at it as something good that we have given the city," Newell told City Manager Lee Garrity in the hallway outside a committee room in City Hall after the vote. "Make them keep the name."

Garrity responded, "They want the naming rights."

Wood urged council members to reconsider their decision in an e-mail today.

"If the city council is willing to forfeit this community war memorial and sell the right to change the name of Lawrence Joel Veterans Memorial Coliseum, then you have an obligation to the citizens to present simultaneously a plan that will preserve with dignity, honor and in perpetuity a significant memorial to our veterans and Lawrence Joel, who earned the country's highest military honor.

"As we embark on our centennial celebration," Wood added, "it's appropriate to reconsider with care and diligence where and how the current proposals lead us."

As part of any potential sale of the coliseum, Wake Forest University has agreed to retain the name "Lawrence Joel veterans memorial" in the main lobby and two outside plazas that flank the entrance, and to maintain information about Joel on the facility's website. Otherwise, the university would receive all other naming rights for the facility.

As part of the vote today, council has directed staff to look into whether the university would agree to retain Joel's name on the electronic marquee sign on University Parkway.

Wake Forest University Athletics Director Ron Wellman told YES! Weekly last week that the only way the university can make the deal work is through the sale of naming rights to a corporate sponsor considering that the facility loses money and needs significant capital improvements such as a new HVAC system.

The city has appraised the coliseum at $33.1 million. After deducting $8 million for operating savings, $14.3 million for capital needs avoidance, $1 million for events and lease commitments, and $1.8 million for deed restrictions, the city is offering the facility for a purchase price of $8 million. That's roughly the amount that the city needs to pay off the debt on the building.

"We are not going to be profitable with this coliseum," Wellman told council members tonight. "We view this as an investment in our growth. It is an investment in our basketball program."

In contrast, Winston-Salem State University has agreed to a restrictive covenant requiring the name Bowman Gray to be retained at the stadium. Gray, who was white, was the former president and chairman of RJ Reynolds Tobacco Co. 

Unlike the coliseum, the stadium breaks even. The city appraised the stadium at $9.9 million. After deducting $2.5 million for capital needs avoidance, $1.7 million for environmental factors, $750,000 for event and lease commitments and $750,000 for deed restrictions, the city is offering the facility to the university for $4.3 million.

Council members leaning towards the sales offered different rationales for unloading the properties.

"The original question is, why are we considering selling the coliseum?" Besse said. "The truth is that we're looking at it because it's eating up $400,000 of taxpayers' money every year."

Clark said, in contrast, that if he ultimately votes for the sale of the coliseum and the stadium, it will not be because of money.

"Should we be in the coliseum business?" he asked. "Should we be in the stadium business? My gut feeling is that it's not our core business. The university is not going to earn a profit off of this, but it benefits them because it helps create the total college experience for their students. They can make the improvements without us having to go to the taxpayers. Wake Forest University has to go tap their alumni for the new HVAC."

Merschel said she is eager to see both Wake Forest University and Winston-Salem enhance their respective brands through televised sporting events at the coliseum.

Taylor drew the strongest line, stating that the coliseum should retain Joel's name if the city sells it. But Wellman gave no indication that the university was willing to budge on that point.

When asked after the vote what level of commitment he would need from Wake Forest University to the Lawrence Joel name, including marquee sign placement and reference during televised sporting events, Taylor didn't hesitate.

"All of it," he said.

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.





 

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 expresses opposition to marriage amendment

Opponents of the marriage amendment raise their hands to indicate their plans to vote against the marriage amendment during a rally this evening near Salem College in Winston-Salem.

On the eve of a statewide referendum on a proposed amendment to the state constitution that would make marriage between a man and woman the only domestic legal union recognized under the law, the Winston-Salem City Council has passed a resolution in opposition to the ballot initiative.

The motion by South Ward Councilwoman Molly Leight passed comfortably by a vote of 7 to 1.

“Aside from the inherent wrongness of writing discrimination into the constitution of North Carolina, we as the Winston-Salem City Council have to consider the consequences to our city, if this amendment should pass,” Leight said from the dais. “We must be cognizant of our responsibilities to the economic prospects of Winston-Salem and our attractiveness to companies seeking to locate here.”

Southwest Ward Councilman Dan Besse argued that the marriage amendment “is directly relevant to city business,” and an appropriate topic for the council to address.

“Of specific concern to Winston-Salem, the passage of Amendment One could jeopardize the ability of courts and police to issue and enforce civil restraining orders against domestic abusers who are not married to their victims,” Besse said. “The passage of Amendment One would cut off local government healthcare coverage for children and families who receive them from a parent’s unmarried partner employed by that local government. Even those domestic-partner benefits provided by private companies could be called into legal question. The passage of Amendment One would certainly make it more difficult for Winston-Salem to recruit jobs and investment from national companies who want to provide those benefits to their employees, or who just want to be competitive to talented employees who may feel reluctant to work in a city whose state says they’re not welcome."

West Ward Councilman Robert Clark cast the lone dissenting vote, but he said that as a citizen he voted against the amendment at the polls.

Clark said he could not support the resolution to put the city on record as opposing the amendment because of a tradition that the council deal only with “things pertinent to this committee.” Clark categorized the marriage amendment as a matter that indirectly affects the city, along with national healthcare reform, licensing of nuclear power plants and natural gas fracking.

Clark added that he was sharing his vote on the actual amendment as a “personal opinion.”

“I have a basic concern with amending the constitution for a what-if situation,” he said. “I think amendments to the constitution should be well thought out. You’re taking something that is written in ink and chiseling it in stone. And I think before you chisel it in stone you better be darned sure you know what you’re doing.”

When word of the vote reached an anti-amendment contingent across the street from City Hall, they let out a cheer and yelled, “No to hate.”

A couple dozen pro-amendment demonstrators picketed city hall with signs during the council vote.

“There’s a vote tomorrow, I believe,” one of them retorted to their opponents across the street.