Asheville Through the Wormhole

"You unlock this door with the key of imagination. Beyond it is another dimension— a dimension of sound, a dimension of sight, a dimension of mind. You're moving into a land of both shadow and substance, of things and ideas. You've just crossed over into the Twilight Zone."

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EPISODE ONE

Imagine a small idyllic city gently nestled in a mountain paradise but spinning progressively out of control, spreading its grasping tentacles to county's edges, consolidating power along narrow ideological lines, forming cabals of technocrats and webworks of crony connections, siphoning money from public enterprises for general purposes and taxing wealthy producers and passers-by to the max. A city with a sympathetic partisan press offering soft-focus optics, softball engagement, amnesia for scandal and cover for misdeeds. And a city with a voting base in love with its generous leaders, its entrenched legislators and itself. A city with golden days ahead and treasures aplenty outstretched in front of it, lying unawares just for the taking.

Now, imagine another city. A city quite similar to the first one but one meeting with an entirely different fate. A city grappling with a force that suffocates revenue streams and binds its room for maneuver. The arc of its progress is flat and circumscribed.

Instead of the creeping and unchecked expansion of its boundaries in all directions, the ambitious city is mightily curtailed through legal prohibitions, vast areas of prior encroachment de-annexed, and its corporate limits redrawn and reduced to a space no larger than its tiny Central Business District.

Instead of consolidating political power, its monopoly is broken up through a program of election reforms. Odd-year elections are now realigned to even years so that county referendums that need city votes to pass cannot be quietly held and go unnoticed by county voters. City elections are now conducted by districts instead of at-large so that candidates will have to run as honest representatives rather than back-slapping power-brokers.

Instead of holding public enterprises as a deep-pocketed debit card, their accounts are now cut off (snip snip) and de-politicized by removing direct operational and administrative control from the city and placing it in the hands of regional authorities whose governing bodies are appointed and which admit of no sitting elected officials.

These two cities, one with a puffed up chest and proud feathers, the other with its tail tucked and a seemly grimace, might seem quite different -- but they are not.

[cue eerie music]

They are the same city. One, the former one, living in its profligate present. The other being the very same city but projected through the power of imagination into its own near future. The future just around the corner. The one just up ahead, through the wormhole.

Livetweeting the Big Water Meeting

[NOTE: Present at the meeting: Gordon Smith, Cecil Bothwell, Esther Manheimer, Chris Pelly, Mountain Voices Alliance members, David Gantt, Jane Whilden..]


14h Tim Peck ‏@timothypeck
At the big #avlh2o meeting. #avlelect

14h Tim Peck ‏@timothypeck
All the usual suspects. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
People carrying around Democrat campaign signs. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
Elaine Lite starts things off. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
Applause for Barry Summers. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
Elaine Lite asks everyone to vote NO on the referendum. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
The event is being filmed for MVA website. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
Jane Whilden is here. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
And now, Barry. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
There are 4 Asheville city council members here. That's a quorum. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
Barry is pointing out everything he thinks is wrong with the LRC process. Some groans from the audience. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
Slide show displays @TimMoffitt's blogpost on "How Local Government Works." Still trying to sell it as a threat. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
Barry is now playing audio of McGrady talking about neighboring gov involvement in merger. Bobbleheads in the audience. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
Barry is once again imputing ill motives behind the merger initiative. It's all so nefarious. Booga. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
I didn't know Barry Summers was a conspiracy theorist kinda guy. Now predicting how these evil plans will develop in NC. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
Thus ends Barry's scintillating presentation. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
Now it's time for Esther. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
She's wearing glasses. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
Lots of "Vote NO" yards signs around. I need to pick up a few. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
Esther talking about MSD impact studies. In a lot of detail. Font size keeps getting smaller and smaller for each slide. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
Correct. /RT @michaelfmuller: Being a quorum of Asheville City Council...they are therefore doing business, no?

14h Tim Peck ‏@timothypeck
I don't see anyone taking minutes. /RT @michaelfmuller: Being a quorum, .. Is this being recorded? For the record? #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
John North is reporting. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
Financial Impacts, Governance Models, Asset Evaluation. blah, blah, blah. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
Haven't about 7,000 people already voted in Buncombe County? #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
Now we're looking at a spreadsheet. With numbers and financial stuff. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
Now we're looking at a photograph of the conservation easement. "Isn't that pretty?" #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
We're looking at a map of the current water sytem coverage across the county. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
Esther always makes everything sound important. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
More data on the current system. Another pretty picture of water and mountains. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
I keep saying Esther because I can't spell Manheimer. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
Next steps: Public education, more studies, reports, you know, stuff like that. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
On to the referendum. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
The referendum that people are already voting on. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
"To be safe, we didn't veer from the language of the statute." #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
"A NO vote indicates that you are opposed to the merger." Huh What?!@ #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
Renee Moss? Who the hell is that? #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
She's uptalking. Kind of annoying. "Water belongs to everyONE" #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
She's telling us what an MSD is. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
She's now speculating on the potential consequences of the merger. Negative speculation, I mean. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
Board members are not elected officials. City would lose control for smart planning, etc. #avlh2o #avlelect

14h Tim Peck ‏@timothypeck
Shouldn't the City Clerk be here? Oh who cares about the law. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
"It costs more to get water to the county than the city. It becomes a social justice issue." Really?!@ #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Now the favorite bogey man: PRIVATIZATION. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
She is equating public-private partnership with PRIVATIZATION. [false] #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
She's afraid someone might make a profit. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Now she's just blathering a bunch of anti-capitalism bullshit. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
She claims that capitalist make money buy cutting corners and rendering poor service. [false] #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Only government can save us. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
She's listing some cases of fraud and implies that this is what will happen here. She says that's not what she's implying. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Urges everyone to vote NO on the referendum to protect our water. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
And now, Katie Hicks. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Oh, that was Renee Maas from Food and Water Watch, Durham NC. She's gone now. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Hicks is reading a legislative proposal to prohibit utility seizure. Everyone applauds. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Hicks: "We should inform people who are voting now." #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
And now, Q&A. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Speaker makes fun of @TimMoffitt and then asks, "What is the driving force behind all of this?"#avlh2o #avlelect

13h Tim Peck ‏@timothypeck
This is making me thirsty. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Esther quotes Moffitt. "just an extension of what was started before. " #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Barry maligns McGrady. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Barry says McGrady must be bearing a grudge. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Barry says McGrady just want's representation on MSD. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Some chick is on Skype to answer questions. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Speaker confirms that NC is a Dillon Rule state. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Speaker claims that this is all because of greed. They're just trying to steal our stuff. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
He doesn't have a question. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
"We need a firm council that will stand with us!" #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Applause. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Skype chick is gone. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
John North left early. Now no one reporting. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Skype chick is back. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
She sounds like a robot. I think she is. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Alan Rosenthahl asks what is the environmental impact? And what is the net financial impact to homeowners? #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Esther: "voters can fire and hire elected officials" Unlike, I guess, private businesses. Right? #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
She's using a private sector metaphor to sell us on government control. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Esther: "Rates will probably go up." Barry concurs. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Barry: "It would be more efficient for the city to take over the MSD." #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Speaker: "Why is @TimMoffitt doing this? He's connected to ALEC." #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Now asking Jane Whilden a question. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Jane is glad to answer. "Don't like Moffitt's tactics."

13h Tim Peck ‏@timothypeck
Question to Whilden: "How can we become not a not home rule state or not one." Whilden: "Let me study up on that." #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Barry talking about nuclear energy and fracking. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Hicks continues demonizing honest business people, lauding bureaucratic government. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Q: "Does Buncombe have to pay for lines in Henderson?" #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Whilden completely blew off that home rule question. She has no idea what he's talking about. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
My ass is getting sore. And Esther is talking numbers again. #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Speaker: "I don't like someone stealing my water system." #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Q: "Are people outside AVL being disenfranchised on the referendum?" #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
Barry: "BCGOP is urging people to vote NO on the referendum. Not what Moffitt would want." #avlh2o #avlelect

13h Tim Peck ‏@timothypeck
I can't take this clusterfuck any more. Good night. #avlh2o #avlelect

12h Tim Peck ‏@timothypeck
RT @gordondsmith: #avlh2o Summers telling assembled about Rep. Moffitt's threat to end Asheville after City Council voted to hold referendum

12h Tim Peck ‏@timothypeck
Barry forgot to tell "the assembled" what time Moffitt's post was published & what time council meeting was. #avlh2o #avlelect @gordondsmith

LTE: Bothwell, Water

Shrinking Asheville? It’s run by Dim and Dimmer
by Tim Peck
Asheville Daily Planet | October 2012

City council member Cecil Bothwell offers us a helpful window into the thinking of local government in his recent commentary ("The Incredible Shrinking City", Sep 2012) where he bemoans the fact that Asheville is legally prohibited from charging county residents more for water service than citizens of Asheville. His complaint centers on the consequence of this law which he says is "removing a huge incentive for voluntary annexation."

The only way I see that water rates could be an incentive to county customers is if those rates could be somehow manipulated to the disadvantage of those customers. In other words, the city could have an interest in rates artificially raised to the point where county customers have a disincentive to remain outside the loving arms of Asheville.

I say "artificially" because the desired rate hikes would presumably then be lowered immediately upon submitting to voluntary municipal annexation and the subsequent city taxes, ordinances and land-use regulations that annexation imposes on the newly abosrbed citizens. This, of course, counters any notion that higher rates simply reflect the higher cost of serving county customers that are farther away. Besides, the county is where the water comes from in the first place.

This arrangement would be about as voluntary as when the mobster warns the shopkeeper to pay protection money and when the shopkeeper asks, "Protection from who?" the mobster answers, "From us."

Yes, Asheville is a shrinking city. With the Sullivan Acts, new democratic barriers to forced annexation, a newly-independent airport authority, a pending regional water system merger, the repeal of some recent questionable annexations, and with businesses, students and residents moving out and half of city workers now living out of town, Asheville, and specifically its tax base, is shrinking and will continue to shrink. Couple that with the city thumbing its nose at Raleigh with an irrelevant water referendum and Asheville's future looks like it's being run by Dim and Dimmer.

The only question remaining is, if Asheville insists on dreaming beyond its means, what mechanism with she now resort to for skimming revenues from the unwilling?

TIM PECK
Asheville

Photos: Romney in Asheville

Photo Album

John Boyle's Twitter Problem

Another Day, Another Twidiot
John Boyle | Asheville Citizen-Times | October 6, 2012

And here we go again.

Thank you, Twittersphere, for yet another example of stupidity in action. Let’s call it Twidiocy.

In the most recent case, a Buncombe County GOP volunteer was tweeting out some blow-by-blow from the presidential debate Tuesday night.

Should be innocuous enough, right?

Nope. This guy apparently was TWI-M — Tweeting while impaired, mentally.

“Obama sounds nervous, scattered, white,” the volunteer tweeted.

Say what?!? As one of my colleagues put it, “That sounds like a racist’s order at Waffle House.”

Other Tweeted gems included, “somebody gettin’ his (expletive) whooped!;” “enough about ya damn grandmother, already;” “Did Barry just crap his pants?;” and “You’ve had four years, ya big dummy.”

Classy way to address the president. Do these guys think this stuff will not make its way around the media world?

Buncombe County GOP spokesman Nathan West seemed to have a good handle on this Friday when I talked to him.

“In his exuberance of being excited about the way Romney was wearing it out, he got a little excited and sent out some messages like he was talking to his buddies instead of making public comments,” West said. “The language is what aggravated me the most. It was a very poorly worded point.”

The volunteer has since given up his access to the account, and, I’m thinking, learned a valuable lesson.

“If he didn’t, it’s going to take a baseball bat to the head,” West joked.

In the great scheme of things, this is a minor dust-up, but it is intriguing to me because, if the Republicans aren’t aware of it, they have a little trouble attracting African-Americans to their cause because many perceive them as insensitive and uncaring about African-Americans.

I’m not saying that’s a fair assessment; it’s just the way it is.

The tweets play right into that. Once again, the guy may have had a point — the president seemed pretty stiff at times — but it got lost in the stupidity of the moment and language.

“What this shows is with the rise of Twitter, everybody has a microphone, and this is the kind of nonsense you see,” said Chris Cooper, head of the political science and public affairs department at Western Carolina University. “Also, I think the Republican party has realized it cannot be successful as the party that has lost all non-white voters to the Democrats. It’s opinions like this that, when they become news, it makes it a lot more difficult to do that (attract non-white voters).”

John Hayes, president of the Asheville branch of the NAACP, said the tweet shows a distinct lack of historical perspective. Hayes said the commentary may point to a more disturbing mindset still prevalent in some corners of America, even after more than three years of Obama’s presidency.

“You still have people who don’t believe a descendant of Africa has any right to be president,” he said.

MY RESPONSE

First of all, to say that someone "sounds white" is not racist. Not even close. It's an observation. Some black comedians base their observational stage act on impersonating whites and the way they sound, talk, walk and express themselves. This used to be very popular, especially among self-hating liberal whites in the 70's and 80's. Black comedians also make fun of fellow blacks in the same way by exaggerating some expression or idiom to bring out the humor. Also, we have seen this President, his Vice-President and his Secretary of State straining to sound black, dropping their g's with Southern accents, claiming to be the "Preezy of the United Steezy" and saying, "Ah don't feel no ways tired" and "they gunna put y'all back in chains." So, this breathless faux outrage over a simple and honest observation of a fact falls flatter than an Aunt Jemima pancake.

Secondly, it makes no sense whatsoever to condemn a tweet as racist in one breath and then later say you understand the point being made, as Boyle has done: "Say what?!?" ... "Once again, the [tweeter] may have had a point — the president seemed pretty stiff at times." Is the esteemed columnist implying that white people seem stiff as compared to black people? Is that a racist comment? You can't say the tweet is offensive and wrong and yet it really makes a perfectly legitimate point.

Third, Boyle questions whether or not this collection of tweets on debate night was a "classy way to address the president." Is that what we're supposed to do now, only address this dufus amateur in classy ways? Is that how Boyle and others in the partisan press addressed President Bush. I wouldn't have the time to document the perpetual insults cast his way during his tenure. Right here in Asheville you would have to search long and hard for a respectful appellation applied to our own Rep. Tim Moffitt. So, Mr. Boyle, don't begin to lecture me on how to address your favorite president. We've never had a king in the White House and you can't chide me into conjuring up one.

The reason progressives and their mouthpieces in the media are attracted to this story is because they think that making hay out of it will somehow injure the reputation of their political enemies. In their rush to validate their own peculiar politically-correct take on the story, some journalists have taken tweet to the street only to find, to their bemusement, that most normal people get it: the president turns on and off dialects, idioms and manners of speech to pander to different audiences, whether black, white, latino or muslim. Frank Fraboni reports, "Some people agreed with the remarks, others said they were confusing but were within their rights."

So, keep a workin' own it, y'all. Ya ain't found nothing no ways yet. Looks to me likes y'alls is just sniffin' each others butts.

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Business Improvement District

Below is a summary of the provenance and development of the Asheville Business Improvement District proposal, or BID.

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LEGAL AUTHORITY

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NC Constitution
Article V, Section 2
(4) Special tax areas
http://www.ncleg.net/Legislation/constitution/article5.html

"...the General Assembly may enact general laws authorizing the governing body of any county, city, or town to define territorial areas and to levy taxes within those areas, in addition to those levied throughout the county, city, or town, in order to finance, provide, or maintain services, facilities, and functions in addition to or to a greater extent than those financed, provided, or maintained for the entire county, city, or town."

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North Carolina General Statute
Chapter 160A, Article 23
Municipal Service Districts
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_160A/Article_23.pdf

§ 160A-536. Purposes for which districts may be established.

"The city council of any city may define any number of service districts in order to finance, provide, or maintain for...Any service, facility, or function which the municipality may by law provide."

§ 160A-540. Required provision or maintenance of services.

"(a) New District. – When a city defines a new service district, IT shall provide, maintain, or let contracts for the services for which the residents of the district are being taxed." [emphasis added]

§ 160A-542. Taxes authorized; rate limitation.

"A city may levy property taxes within defined service districts in addition to those levied throughout the city, in order to finance, provide or maintain for the district services provided therein in addition to or to a greater extent than those financed, provided or maintained for the entire city. In addition, a city may allocate to a service district any other revenues whose use is not otherwise restricted by law."

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ORGANIZATIONAL DEVELOPMENT

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Asheville City Council > Asheville Downtown Master Plan Advisory Committee

Goody and Clancy Consultants
To: Asheville Downtown Master Plan Advisory Committee
Subject: DRAFT detailed recommendations on establishing a downtown management entity for Asheville
January 12, 2009

The Asheville Downtown Management Entity

A New Entity is Needed
"Asheville needs to join the ranks of healthy downtowns in North Carolina and around the country that have strong, professionally staffed downtown management entities. The leadership seeds for it may well be within the Advisory Committee that has guided the plan." -From the Downtown Master Plan Appendices

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Asheville City Council > Asheville Downtown Commission

Downtown Master Plan
May 12, 2009

"In 2007, the Asheville City Council authorized and funded the development of a Master Plan for Downtown Asheville. During the fall and winter of 2007-8, city staff and the Downtown Commission went through an RFQ selection process and selected Goody Clancy of Boston to create the master plan. Goody Clancy began work in Asheville in April 2008 and a series of public input meetings were held in 2008 with the final public input meeting being held in January 2009. The final plan was brought to City Council in May 2009, and was adopted."

Page 102
ACTION STEPS: NEAR-TERM

"A. Establish a Downtown management entity — termed here a 'CID' or Community Improvement District — to actively oversee and maintain Downtown’s many moving parts. The CID should be collectively conceived and led by Downtown merchants, property owners, employers, and residents to serve their unique mutual interests as efficiently as possible...It should ideally be self-funded to maximize the Downtown community’s discretion in directing their resources. The CID should coordinate closely with the City, supplementing municipal services and championing Downtown."

Page 103
"2. Draft legislation for City Council approval authorizing establishment of the CID as designed by the pursuit group."

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Asheville City Council > Asheville Downtown Commission > Downtown Management Subcommittee
Regular Meeting
May 13, 2011

Downtown Master Plan Implementation

"They have discovered that not only would the BID include a tax in that district on property, but is it also on personal and business property."

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Asheville City Council > Asheville Downtown Commission > Downtown Management Subcommittee
Regular Meeting
June 10, 2011

Downtown Master Plan Implementation

"Chairman Butner said they have gone public with the plans for Strategy 7, which he explained was the self-imposed taxing district which allows for services above and beyond base-line City services for downtown. They are discussing this with downtown property owners."

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Asheville City Council > Asheville Downtown Commission > Downtown Management Subcommittee
Regular Meeting
July 8, 2011

Downtown Master Plan Implementation

"Mr. Butner said they are putting together a group that will start looking at specifically outlining the district, e.g., sample budget, scope and nature of the services offered, etc."

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Asheville City Council > Asheville Downtown Commission > Downtown Management Subcommittee
Regular Meeting
September 9, 2011

Downtown Master Plan Implementation

"Ms. Vrtunski said that the study by Western Carolina is being finalized. They have met with property owners and will be making presentations to the Downtown Area Residents Neighborhood (DARN), etc."

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Asheville City Council > Asheville Downtown Commission > Downtown Management Subcommittee
Regular Meeting
November 11, 2011

Downtown Master Plan Implementation

"Ms. Sasha Vrtunski, Downtown Master Plan Project Manager, said they have holding education/feedback meetings with residents regarding the Business Improvement District (BID)."

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Asheville City Council > Asheville Downtown Commission
Regular Meeting
December 9, 2011

Presentation: Economic Benefit Study of a Business Improvement District in Downtown Asheville

"Ms. Sasha Vrtunski, Downtown Master Plan Project Manager, said that with the support of the Asheville Downtown Association, City of Asheville and Buncombe County, the Downtown Management Committee commissioned a study to examine the potential economic benefits of implementing a Business Improvement District."

Dr. Steve Ha: "Business improvement districts are usually governed by the city but managed by a private, non-profit organization that is subject to an advisory board or board of directors made up of stakeholders."

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Asheville City Council > Asheville Downtown Commission
(Noted in City Council minutes June 26, 2012, page 10)

"In December 2011, an Interim Board was formed as the Management Committee recognized that it did not have enough property owners to finalize a plan."

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Asheville City Council > Asheville Downtown Commission > Downtown Management Subcommittee
Regular Meeting
December 14, 2011

"Ms. Vrtunski updated the Commission on their meetings on the Business Improvement District, noting some concerns by residents who have high value condos. Some residents feel they are paying in, but the benefits are all for the businesses."

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Asheville City Council > Asheville Downtown Commission

An Economic Benefit Study to Establish an Asheville Downtown Business Improvement District
Submitted by Inhyuck “Steve” Ha, Ph.D.
Associate Professor of Economics
MBA Program Director
Western Carolina University
December 14, 2011

"Business improvement districts are usually governed by the city but managed by a private, non-profit organization that is subject to an advisory board or board of directors made up of stakeholders. The municipal government typically collects the revenue and remits to the BID. Advisory and administrative boards are primarily made up of businesspeople and landowners, with some seats reserved for public officials, residents, community board members, and non-profit representatives."

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Asheville City Council > Asheville Downtown Commission > Downtown Management Subcommittee
Regular Meeting
February 10, 2012

Downtown Master Plan Implementation

"Downtown Master Plan Project Manager Sasha Vrtunski updated the Commission on their work on the Business Improvement District, which is progressing through the process. At the February 14 Council meeting, Council will consider a resolution directing staff to prepare a report regarding a Municipal Service District for downtown, which is required by State Statute. Mr. Butner noted that by the next Commission meeting there will be a firm plan to present to the community."

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Asheville City Council > Asheville Downtown Commission
Regular Meeting
March 9, 2012

Downtown Master Plan Implementation

"The Interim Board determined that the entire Central Business District should be included in the MSD. Suggestions of the MSD services, above and beyond what the City is doing, is power-washing sidewalks on a regular basis, litter and trash pick-up with a broom and pan, a graffiti removal program, snow removal on the sidewalks, and an ambassador program (paid staff for eyes on the street looking to help people and alert police to potential problem situations). The second component of the services would be an advocacy component."

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Asheville City Council
Worksession
March 27, 2012

General Fund Operating Budget

"Several comments/questions were raised by Council, some being, but are not limited to:...question of whether the Business Improvement District contribution will be needed in the first year."

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Asheville City Council > Asheville Downtown Commission >
Business Improvement District Subcommittee

Downtown Asheville Business Improvement District Formation Report
May 10, 2012

"Chapter 7 of the Downtown Master Plan recommended creating a Downtown Management Entity to manage and coordinate downtown services, and augment city services to keep 'downtown clean, green and safe, 24 hours a day, 7 days a week.' The Downtown Management Committee and an Interim Board have worked over the past 2 years to bring a proposal to City Council."

"This report outlines the services, budget, and governance for a proposed business improvement district (BID) in downtown Asheville. It is the result of research by the Downtown Management committee and Interim Board, interviews with property owners, and a survey distributed to businesses and property owners in the district."

Attachment B - Article 23, Municipal Service Districts
Attachment C - Survey Results
Attachment D - Economic Benefit Study

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Asheville City Council > Asheville Downtown Commission
Regular Meeting
May 11, 2012

Resolution of Support for Business Improvement District in Downtown Asheville

"Ms. Sasha Vrtunski, Downtown Master Plan Project Manager, updated the Commissioners on the Business Improvement District (BID) in downtown Asheville. She said the BID came from the Downtown Master Plan and the Downtown Master Plan came from the Downtown Commission. She felt it was appropriate to bring this back to the Commission for their support."

"The Interim Board recommends...ask the City contribute $50,000 to the BID, along with some in-kind contributions, such as office space."

"Ms. Vrtunski explained when there is a special tax district in Buncombe County, that tax district gets a piece of the sales tax money (beginning in the 2nd year). Because it’s based on ad valorem value, the BID would receive approximately $130,000 from the County from the sales tax"

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Asheville City Council
Community Meeting (Central Asheville)
May 29, 2012

"Director of Planning & Development Judy Daniel provided a brief update on the following:...consideration of a Business Improvement District"

"Mayor Bellamy then opened up the meeting for questions. Questions/comments responded to consisted of...opposition to Business Improvement District; support of Business Improvement District."

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Asheville City Council
Public Hearing
June 12, 2012 (continued: Sep 25)
http://www.ashevillenc.gov/Portals/0/city-documents/cityclerk/mayor_and_citycouncil/minutes/mmtwelve/m120612.pdf

PUBLIC HEARING TO CONSIDER A MUNICIPAL SERVICE DISTRICT FOR DOWNTOWN ASHEVILLE

"Project Manager for the Asheville Downtown Master Plan Sasha Vrtunski said that this is the consideration of a resolution creating a downtown Municipal Service District, also known as a Business Improvement District (BID), in downtown Asheville. This public hearing was advertised on June 1, 2012. She said that the Downtown Master Plan, adopted by City Council in June 2009, strongly recommended a downtown management entity for Downtown Asheville. A subcommittee was formed by the Downtown Commission to explore this idea, and began meeting in December 2009. The Management committee worked for two years exploring a district for downtown Asheville. This included a needs survey, an Economic Benefits Study (which also included a business survey), a public forum at the Civic Center, and a series of seven meetings with business and property owners."

Continued to September 25, 2012

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Asheville City Council
Public Hearing
September 25, 2012

PUBLIC HEARING TO CONSIDER A MUNICIPAL SERVICE DISTRICT FOR DOWNTOWN ASHEVILLE

Continued to October 2, 2012

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Revised BID Proposal
Downtown Asheville BID Interim Board
September 28, 2012
http://www.ashevilledowntown.org/images/boardreportandappendix1.pdf

The new BID proposal shortens the district's boundary, excluding the part of the Central Business District east of Charlotte Street. A proposed "ambassador" program, with uniformed volunteers assisting visitors and deterring "undesirable behavior," will be delayed until the second year of the BID, with its approval contingent upon review by a special committee open to community members. Instead, the BID will initially focus on street cleaning, snow removal, landscaping, graffiti removal and other clean-up services. -David Forbes, "Revised BID proposal," Mountain Xpress, 10/3/2012

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Asheville City Council
Public Hearing
October 2, 2012

PUBLIC HEARING TO CONSIDER A MUNICIPAL SERVICE DISTRICT FOR DOWNTOWN ASHEVILLE

Continued to October 9, 2012

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Asheville City Council
Public Hearing
October 9, 2012

C. CONTINUANCE OF PUBLIC HEARING TO CONSIDER A MUNICIPAL SERVICE DISTRICT FOR DOWNTOWN ASHEVILLE

RESOLUTION NO. 12-231 - RESOLUTION CREATING A DOWNTOWN MUNICIPAL SERVICE DISTRICT, ALSO KNOWN AS A BUSINESS IMPROVEMENT DISTRICT, IN DOWNTOWN ASHEVILLE

Motion: Manheimer, Pelly second.
Passed 5-2. Bothwell, Bellay dissenting.

[NOTE: N.C.G.S. 160A-537(c) "In addition, [the proposal] shall be mailed at least four weeks before the date of the hearing by any class of U.S. mail which is fully prepaid to the owners as shown by the county tax records as of the preceding January 1 (and at the address shown thereon) of all property located within the proposed district."]

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Business Improvement District Organization
Board of Directors
Organized under IRC Chapter 501(c)(6)
Three year renewable term

Voting Members:
3 Major Property Owners ($3M+)
2 Large Property Owners ($1.5-3M)
2 Small Property Owners (under $1.5M)
2 Retail/Restaurant Owners
2 Residents
1 Office
1 At-Large

Non-Voting Members:
1 City Manager
1 County Manager
1 Asheville Downtown Association
1 Asheville Downtown Commission

[NOTE: The revised proposal now calls for 19 board members with a voting member from Asheville City Council.]

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Outside Service Provider Agencies
Request for Proposals

The BID board would enter into contracts with private entities to fulfill service requirements outlined in the BID charter; to include: "regular sweeping/washing of sidewalks, litter/trash pick-up, graffiti removal, snow removal, landscaping & amenities maintenance, and ambassador program."

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REVENUE SOURCES

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City of Asheville
Annual district-wide property tax assessment

Downtown Asheville Business Improvement District Formation Report, Attachment D - Economic Benefit Study, Page viii

"If the BID tax rate is $.10 per $100, then estimated tax revenue for the BID is $637,411.69. If personal properties are included, the estimated tax revenue for the BID is $795,438.05...we can expect at least two percentage points positive in property values annually for the next several years with the implementation of the BID."

[NOTE: In the revised proposal, the initial budget would be scaled back from $750,000-$800,000 a year to $537,825, but would increase to $705,894 in the second year if the ambassador program is added.]

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Asheville Finance Committee
Finance Committee Meeting
March 20, 2012
http://www.ci.asheville.nc.us/Portals/0/city-documents/finance/Minutes%203202012.pdf

4. Downtown Business Improvement District Committee Presentation

"The cost to property owners is seven cents per one hundred dollars worth of property. This tax assessment would bring in about five hundred thousand dollars a year. The total program budget is eight hundred thousand dollars and taxes would bring in five hundred thousand dollars which leaves a three hundred thousand dollar shortfall. The District Committee is looking to the City and County to make up the difference."

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City of Asheville
Outside Agency Funding
$200,000 annually

[NOTE: Outside Agency Grants are funded from the City’s general fund.]

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Buncombe County
Outside Agency Funding
$200,000 annually

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[NOTE: "The Interim Board decided to ask both City Council and the County Commission for $200,000 each, and Susan Griffin wrote requests to Council and to Wanda Greene. These requests were not made at meetings. Susan Griffin also presented at a Planning and Economic Development and a Finance Committee meeting back in the spring about the BID. In May, the Board found out that neither Council nor the Commission put the BID into their annual budgets. They decided to reduce their request to Council to $50,000 which is representative of what the city would pay if it's property was assessed at 7 cents. There has been no official action on this request (not in the current budget). This issue is coming back to Council on September 25 when a more detailed budget will be presented. If the BID is approved, it would take effect July 1, 2013. Any appropriations from the city to the BID wouldn't take place until the city's budget process next spring. I would think the BID would put their request through the outside agency funding process this winter."]

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RELATED

Towns, fire chiefs oppose Asheville BID due to loss of sales tax revenue
By David Forbes | Mountain Xpress | 07/18/2012
Buncombe County distributes a portion of its sales-tax revenue to every taxing entity in the county, including municipalities and fire districts. Another entity could mean a smaller piece of the pie for all the others. "The issue here is that we feel none of [us] should have to support a special district in the city of Asheville (or any of the other municipalities for that matter)," Woodfin Mayor Jerry VeHaun wrote

StopAVLBID
StopAVLBID is an ad hoc community network formed in May of 2012 to oppose the creation of a business improvement district (BID) in downtown Asheville, NC. In addition to rejecting the proposed privatization of our public space, we advocate for a community development process that is collaborative, transparent and creative!

A primer on the Business Improvement District controversy
Mountain Xpress