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."

West Ward challenger sets up a Republican primary

Winston-Salem Councilman Robert C. Clark will have a Republican primary challenger in the West Ward.

Howard Hudson, a retired lawyer, filed for the seat today.

Hudson said the primary reason for his challenge is that Clark has voted to raise taxes for the past two years while approving spending on what the candidate considers "questionable and even frivolous capital projects." BB&T Ballpark, Union Station, a joint city-county shooting range for law enforcement personnel and the purchase of energy-efficient buses. He also opposes development of a streetcar system, which council has been considering over the past couple years.

"I actually have swapped a number of e-mails with Mr. Clark over the past four years," Hudson said. "I asked him not to vote for an 8-percent tax increase. He did. I wrote him an e-mail about that. He said there really is a tax decrease for 60 percent of property owners and some property owners will see a tax increase."

The 2013 Forsyth County tax revaluation resulted in some property owners' tax bills going up and others going down, depending on whether their properties gained or lost valuation.

"In the e-mail, on the bottom line Mr. Clark basically said property owners in the West Ward and in the other contiguous wards that will see a tax increase should be happy because the equity in our homes did not drop," Hudson continued. "I found that rather abrasive."

Two Democrats, incumbent Allen Joines and challenger Gardenia Henley, filed for mayor today, setting up a contested primary. Joines is completing his third term. Henley has run unsuccessfully for NC House and governor, and has investigated alleged improprieties in the Forsyth County Board of Elections and Winston-Salem Sanitation Division.

Dan Besse, a Democrat who current represents the Southwest Ward, filed for reelection today, and Democrat Jeff MacIntosh filed for the open Northwest Ward seat. Both are unopposed so far.

South Ward Councilwoman Molly Leight, a Democrat, plans to file tomorrow.

Previously.

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

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.

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."

Council debates 'symbolic' pay raise during final budget discussions

Dan Besse (foreground) and Robert Clark debated a pay raise for themselves.

The Winston-Salem City Council finalized the fiscal year 2013-2014 budget this afternoon with only a few minor tweaks, including a tiered merit raise for employees and carving out additional grant money for the non-profit Creative Corridors for public-engagement activities as the ordinance moves to a final vote on Monday.

Having achieved consensus on big items such as the tax rate, bond funds for street maintenance and personnel reductions, the drama moved into a piece of side-show theater between council members Dan Besse and Robert Clark — two members who are said to harbor designs on the mayor's seat when incumbent Allen Joines retires.

The jousting began when Besse announced that he objects to a 1.5-percent raise for council members, which all agree is largely symbolic. Council members currently receive a salary of $9,800, which equates to a raise of $140. 


Besse threatened to vote against the final budget if it includes the pay raise.

"I think the symbolism is terrible for us to take a salary increase in a year when we're increasing the tax rate," said Besse, a Democrat who represents the Southwest Ward.

"Even the one percent deserve a raise," quipped Clark, a Republican who represents the largely affluent West Ward.

"I'd love for Dan to vote against his Sunday bus service," Clark gleefully added, alluding to a budget provision to expand bus service to Sundays — a policy goal long sought by Besse, a staunch public transit advocate.

"In a year when we're cutting taxes — not the tax rate — you don't take percentages to the bank; you take dollars," Clark continued. "And the average person is giving us less dollars. That's what's known as a tax cut."

Clark's point alluded to the fact that while council is raising the actual tax rate, it will be below what is considered revenue neutral — the rate needed to make up for the loss of overall tax base in the recent revaluation. City Manager Lee Garrity has said that under the proposed budget about 70 percent of property owners will see their tax bills go down. 

But Besse said many of his constituents, even those with modest incomes, saw their property values rise, bucking the trends across the city. He said he wasn't going to set himself and other council members up for criticism.

"If it stays in the finance committee's recommended budget, I will make an amendment to take it out," Besse warned, "and we'll see who votes yea or nay."

Mayor Pro Tem Vivian Burke chided her two colleagues: "This is why America's in the condition it's in."

The most substantive change made by the finance committee was a tiered scheduled for performance raises, providing a 3-percent raise for "top performers," a 2-percent raise for "strong performers" and a 1.5-percent raise for "solid performers," based on the recommendation of supervisors. 

Funds for the raises will cost an estimated $460,000, to be financed through privilege license fees on internet sweepstakes parlors and a salary fund.

"I can tell you where the top performers are based on the phone calls I get," said Councilwoman Wanda Merschel, who chairs the finance committee. "That's in sanitation. Sanitation [services] can make or break a council member." 

Council members passed on several opportunities to cut spending, particularly in the areas of grant-making and travel for city employees.

Merschel noted that the city funds both Piedmont Triad Regional Council and Piedmont Triad Partnership, adding that she finds the allocations somewhat redundant and would favor granting the money solely to the partnership.

Councilwoman Molly Leight, the council liaison to the regional council, defended the agency.

"They do all sorts of workforce development, they do weatherization," she said. "They do a lot of aging services. They do extraordinary good work."

Clark interjected, "You mention training. Forsyth Tech trains, the schools train. The Urban League does workforce development training."

Merschel said she ultimately defers to Leight on the matter, and the council members moved on without making any changes.

Council also scrutinized travel funds for the water and information systems departments. The city has budgeted $66,890 for the water department and $56,130 for information systems.

Garrity said that the information systems department could make do with about 30 percent less money for travel, but that the money is needed so that water department employees can travel within the state to take classes required to maintain their certifications. He acknowledged that information systems employees travel nationally to what he termed "destination" cities for conferences.

Councilman Derwin Montgomery set up a save for the funds by alluding to Winston-Salem's recognition by the Center for Digital Government for 11 years running as being among the 10 most technology-advance cities of its size.

"Does anyone find the irony in travel for IS?" Merschel asked. "Okay, if we think that's key for keeping our digital city awards...."

By their silence, Merschel's colleagues indicated they had no stomach for cutting the funds.

The council also reviewed spending on grants to nonprofits engaged in arts, science, culture and community development activities. The city manager's proposed budget includes $2.2 million for dozens of agencies, with the exception of two organizations: Creative Corridors and the Institute for Dismantling Racism.

Creative Corridors, which has marshaled community involvement in an effort to raise the aesthetic quality of major roadways around downtown, requested $15,000 for community engagement and fundraising work. 

At the urging of members Montgomery and James Taylor, the council amended the budget to accommodate Creative Corridor's request. The request will be funded by reducing grants to the remaining agencies. Merschel elicited an acknowledgement from Creative Corridors Executive Director Russell DuBois that the funds will be a one-time grant.

Burke was the first to speak up for the Institute for Dismantling Racism, which is requesting $60,000.

"There's still racism in this city," she observed, while professing to "not even know who this group is."

Deputy City Manager Derwick Paige explained that staff decided not to include funding for the Institute for Dismantling Racism in the budget because of concerns by the Winston-Salem Human Relations Commission. He said the funding request was initially submitted to the human relations commission, adding that the commission voted against it because of concerns about a conflict of interest considering that a member of the commission is one of the founders of the Institute for Dismantling Racism. 

Council members agreed by consensus to not fund the Institute for Dismantling Racism through the annual budget up for adoption on Monday, but rather to direct Garrity as city manager to review the human relations department budget and see if there are adequate funds to execute a contract with the nonprofit. Besse, Leight and Taylor all vocalized support for the idea.

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.

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.

Sanitation director says he'll request new trucks with AC

Winston-Salem Sanitation Director Johnnie Taylor told a city panel on Tuesday evening that his department will be requesting four new automated rear-loader garbage trucks to replace vehicles in the fleet that lack air conditioning.

The remaining 21 vehicles have working air conditioning systems.

The wife of sanitation driver Donald Gore told city council that her husband collapsed on the floor on several occasions upon returning home on hot days after driving a route in a truck without air conditioning. Angelia Byrd, a driver who was fired last June, told YES! Weekly she passed out on the side of a road on the verge of a heatstroke and had to be treated by a doctor. And Curtis McLaurin, a driver, said laborers have experienced heatstroke in the past. The complaints are detailed in a YES! Weekly cover story that also explored allegations of managerial misconduct and sexual harassment, along with tensions between employees and residential customers related to backyard trash collection.

Assistant City Manager Greg Turner told YES! Weekly last month that the it costs from $200,000 to $250,000 to replace the trucks.

Councilman Dan Besse responded cautiously to Taylor's report after the meeting, saying that he didn't know whether the request would be included in the city's upcoming 2013-2014 budget. Besse also noted that Taylor did not mention health and safety concerns as reasons for replacing the trucks. The three council members who heard the presentation during the public works committee meeting -- including Robert Clark, who chairs the committee, along with Besse and James Taylor Jr. -- did not question the sanitation director on that count.

"He didn't go into any detail of the degree of health and safety concerns," Besse said. "Certainly it would be relevant to council considerations as to whether we have drivers experiencing difficulties in the non-air conditioned vehicles. The reason it's relevant to know whether it gets included in the city manager's budget is that level of inquiry may be superfluous. We may not need to know whether there's a serious concern if it's addressed in the budget.

"I don't mean to discount anything anybody says in open comment," Besse continued, alluding to statements Donald and Mary Gore addressed to city council in February, "but when you're dealing with significant expenditures you need to ask the question of whether you're dealing with an isolated anecdote that's not well founded or a pattern of problems.

Besse did ask the sanitation director about safety considerations related to backyard collection, a service that the city provides to residents that attest that no one in their household is physically able to roll their cart out to the curb.

Taylor responded by saying that employee injuries have decreased since the city began the transition from universal backyard service to mainly curbside pickup, adding, "Less exposure has definitely benefited the department."

Taylor said, "Most of those injuries that I've reviewed have been slips, trips or falls. Some of those things are the result of maybe holes in the yard. Other things we deal with are dew in the morning a slippery surface."

Taylor said employees have not experienced a significant number of punctures, cuts and other injuries resulting from directly handling garbage bags in the course of performing backyard service.

Clark requested that staff provide detailed information about workers compensation claims due to injuries by sanitation employees.

Besse asked Taylor about the department's policies regulating interactions between employees and members of the public. One of the former employees, Angelia Byrd, was fired after the city manager upheld a finding that she had cursed and threatened a residential customer, and some employees have said backyard service increases the likelihood of conflict with members of the public.

"There are both written and informal [policies]," Taylor said. "The written policy needs to be updated. The informal information is provided in the tailgate meetings, which provides them several options to deal with any problem situations. Number one being, they are authorized to leave the scene. Two being they have the opportunity to contact the supervisor through CityLink. And to answer your question, we are working on updating all written policies to be distributed to employees."

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." 

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.