Three ring

by David Forbes August 4, 2015

An end to animal circuses, a push for supporting arts education, the contemplation of stinking parking decks and more as Council tackles a wide variety of topics at its mid-summer meeting

Above: Council member Jan Davis, file photo by Max Cooper

During Summer, Council meetings come a bit more sparsely than usual. On July 28, council marked its first meeting in more than a month, with another not due until Aug. 25 (“we’ve had a little break, and we’re going to have another little break,” Mayor Esther Manheimer quipped) and started things off with, after an introduction of new Asheville Police Department Chief Tammy Hooper and new Water Director Jade Dundas, two Elvis impersonators came up to the podium.

Local writer and historian Jon Elliston and Ashvegas editor Jason Sandford were both dressed up to receive a proclamation from Mayor Esther Manheimer marking July 30 as 40 years since Elvis performed sold-out shows at the Civic Center and “left the city of Asheville with many stories about his antics, both onstage and off.” A fundraiser for the Grateful Steps Foundation followed on two days after the Council meeting.

The introduction of two major officials followed by sideburns and sunglasses set the tone for a meeting that would run the gamut from the unusual or bleakly comical to the serious, with debates over the specifics of wolf-hybrids is to art grants for under-served communities to the effects of urinating downtown partygoers on the city’s cleaning budget. The meeting wasn’t particularly long, but it was unusual in the sheer range of topics covered.

Animals in the ring no more

The first major item up was a change to city rules banning circuses with performing exotic animals. The move, city legal staff said, followed a Civic Center policy that has, since January, denied booking to such shows at the municipally-owned venue. Now, the new rules would ban such shows of “wild or exotic animals” throughout the city.

“That change came out of concerns that were raised by animal advocate groups about the treatment of circus animals and also about the dangers that could be caused by wild animals in the public realm,” Assistant City Attorney Janice Ashley said. But upon reviewing the city’s animal ordinance, staff found that it still provided exceptions for circuses and animal exhibitions, but “that clearly wasn’t the direction” Council wanted to go in.

Asheville’s rules allow for exotic pets (like snakes, for example) with a permit and the new rules still allow wild or exotic animals in accredited zoos or aquariums, for educational purposes or in a wildlife sanctuary. The city also has definitions of which animals are considered wild (raccoons, bears, skunks, etc.) and which are exotic, and the new ordinance clarifies a number of those (adding elephants and camels to the list of prohibited animals, for example).

Council then added a few, with Council member Cecil Bothwell noting that it was probably good to specify that deer and elk also were considered wild animals, noting that a draft had removed deer from the wild animal category as staff didn’t believe anyone would try to keep them.

“I didn’t know people kept elk, but they do, because they’re selling ground elk at Harris Teeter now,” Bothwell said. “But I think they’re dangerous, wouldn’t they be?”

Ashley clarified that she’d make sure they were included in the definitions because “some people might not realize they are dangerous or wild.” Manheimer asked about wild turkeys as well, and Ashley noted that “she’d put turkeys back in” to the list of wild animals.

Several animal rights activists thanked Council for taking this step.

“The trend is accelerating of cities and countries and other organizations banning exotic performing animals,” Bobbi Coleman of Asheville Voice for Animals, said. “I think most people are compassionate and want animals to be treated decently, but the problem with the circuses is that most people just don’t know.”

“The government is responsible for making decisions, on behalf of the people it represents, in the interest of the community at large, and these concerns may be ethical considerations,” Coleman added of the rationale for banning such shows outside of city-owned establishments.

The group has protested outside of circus shows and, in recent years, pressed city leaders for this rules change.

But while no one defended animal circuses, there were some concerns raised about exactly how far the specific ordinance would reach, and what some of its unintended consequences might be.

“I’d like to ask that you not approve this until definitions are tightened up,” Nancy Brown of Full Moon Farms, a wolf dog sanctuary out in the county, told Council. “A wolf dog is considered a domestic animal under USDA regulations. The ‘wolf’ in a wolf dog is considered, 85 percent time five or six generations from its wild counterpart.”

The new rules, she warned, could make it harder for Full Moon farms to hold educational events within the city, and harder for owners of wolf-hybrids.

Bothwell later asked Ashley about the rules for sanctuaries and animal rescue non-profits. She replied that the ordinance would allow them to operate and that the national Humane Society considered wolf hybrids wild animals, “so it’s something that has been debated for a long time, it’s not a change tonight.”

The new rules passed 6-0 (Council member Gordon Smith was out of town).

Pissed off about parking decks

While the next item was labelled simply “Review of enhancement plan for parking garage operations and maintenances,” it proved to be about a particular variety of problem.

Transportation Director Ken Putnam took the podium (following Manheimer jabbing him that “I’m so disappointed in your subdued jacket. It’s summer time, I was expecting coral”) noted that the department’s considering adding full-time personnel. Right now the city has two full- and two-part time employees to deal with cleaning the city’s four decks and Putnam asserted that more is needed, including a new contract for power washing once a month, extended restroom hours and more painting and sealing in the stairwells. Eventually, the garages, including the nearly four-decade old Civic Center garage, would need more extensive renovations and the city needed to look at what areas it should turn into paid or metered parking.

But Vice Mayor Marc Hunt said there were more severe problems than Putnam had mentioned, ones that left him skeptical the plans proposed would address the issue.

“Over the last two or three weeks, the topic of cleanliness in our public parking decks have come up,” Hunt said. “For me personally, at this stage I’m embarrassed at the state of affairs,” particularly when it came to stairwells and bathrooms.

At the heart of the matter, as the discussion emerged is that despite its Beer City USA reputation public restrooms — along with those in restaurants and bars — shut down fairly early here. That leaves drinkers and partygoers who aren’t exactly exercising their most rational decision-making pissing in the stairwells, to put it bluntly. This causes, obviously, problems.

Given the severity of the issue in his view, Hunt said that “there are a lot of moving parts” that left him reluctant to approve the three-year cleaning contract until “we figured out a cleaning strategy.”

Putnam pointed out that this was simply renewing an old contract and helped the city’s regular staff handle the “heavy duty” cleaning, asserting that the city needed that even if it would need other assistance on top of it.

“I’m not clear what you’re looking for,” Bothwell replied to Hunt, who answered that “we increased our budget for this 49 percent 14 months ago and since then the cleanliness has actually dropped off, so I think we need a more comprehensive strategy.”

Council member Jan Davis said that expanded hours for the public restrooms on Sundays, a busier day as the city’s tourism trade increases, were a particular concern for some downtown merchants.

“I would like to know if we track it closely enough to know if the problems in the stairwells occur principally when the restrooms are closed,” he said. “Urinating in the stairwells is the core problem.”

“Some well-placed cameras might inhibit such use of our stairwells,” Manheimer said.

“Or encourage it,” Davis noted.

“As the evening progresses, there are fewer and fewer restrooms available in private establishments just at the time when people are drinking more alcohol,” Hunt said. “I remember earlier in my time on Council that part of the discussion about limiting restroom hours was that they get so overwhelmed with clean-up, especially at night. But I’m concerned that people have to find a place.”

“I think this is a very graphic point,” Davis said, about the state of some public facilities even as more people than ever are coming to visit the city.

“I appreciate the comments from Council and we take this very seriously,” City manager Gary Jackson, who praised Putnam and the parking officials for being willing to “advance some strategies” to try and clean up the decks.

Manheimer mentioned that “we’re hearing a lot about parking, and it’s not a surprise: the city’s getting 10 million visitors a year” but that meant that it might be time for local government to go further, “to think about additional innovations in parking.” Specifically, she added, that might mean adding more meters to more spaces to increase the amount of money the city takes in. “I think we’re ready.”

Arts for the people

The next item was one added to the agenda last minute — City Clerk Maggie Burleson was handing documents out to attendees just before it began — specifically $15,000 for the non-profit LEAF to continue partnering with the city on arts education. The city currently provides office space and LEAF runs the Easel Rider program.

While known for its annual festival, LEAF also takes a role in providing arts education and programs. In this case, the $15,000 would help keep the Burton Street Open Mic program going, expand Easel Rider and expand the Southside Drummers program held at the Grant Center.

Executive Director Jennifer Pickering asserted the money would help LEAF to continue its partnership and provide assistance in neighborhoods that need it.

“We’ve been a partner now the city now for 11 years, specifically in arts education field and providing these services,” Pickering said. “Our focus is providing these services for youth in local public housing and also marginalized neighborhoods.”

LEAF’s Community Services Director Schree Chavdarov told Council that Easel Rider holds on average 48 events throughout the city, and last year held more than 70. At the Grant Center, a parent coordinator “gathers kids, every week, who don’t have transportation to the program” to keep the drumming program working so “we can continue to create art as a public and positive outlet for kids in the community.”

Jocelyn Reese, the organization’s schools and streets director, said that in partnership with the Burton Street Community Center for seven years LEAF has offered dance classes and two years ago began offering a “one mic studio.”

At the heart of the program, Reese said, was a belief that “if you give a child a microphone and an opportunity to express his voice, record his thoughts, sing his song, make music, that you would change that child’s life forever.” Last year, LEAF had three classes at the studio running weekly.

The amount of funds the city uses to help lower-income and marginalized communities has been a major topic of discussion this budget season. During the hearing on the city’s $154 million annual budget in June, representatives of multiple non-profits came forward to call for more support, asserting that what was originally budgeted would leave some important programs underfunded. Council later ended up supporting $50,000 in additional funds.

But Council member Gwen Wisler said that, while the amount of money was relatively small, she was concerned about giving the group the money because of the relatively short notice and because it wasn’t part of the usual budget process.

“I know LEAF does amazing things and helps our youth; it’s a fabulous program,” she said, and the partnerships with the city are important. She wondered, if the group received the funds, what else would be cut.

“I’m a little concerned about the fact that this didn’t get to the agenda until tonight,” denying the public the opportunity to talk further about it. She wanted to defer the matter.

Jackson added that “this early in the budget process, we would not be comfortable making a $15,000 amendment to the budget. It’s just not appropriate, doesn’t rise to that level of expense.” Instead he said, the city would try to absorb the cost of the arts programs out of its existing parks and rec budget. “So we expect to absorb minor, unexpected events like this.” But he noted that “we don’t have a lot of flexibility” in the parks and rec budget.

He also said that LEAF’s request had come forward too recently for a full review by the city’s recreation board, something else Wisler wondered about.

Hunt called it “unfortunate” that the request hadn’t come forward earlier, but said the request was worthy and he was interested in moving forward. Bothwell seconded Hunt’s motion to move the matter forward.

Davis asked Pickering what happened if the $15,000 wasn’t approved and noted that the request was out of the city’s usual process and “here really without much explanation.”

But Pickering, while earlier praising staff for “extraordinary” help, replied that that wasn’t for lack of trying; it was because city government lacked a clear process for the group to go through.

“I have been inquiring about what the process is since Nov. 1 and I have been sent on many different pathways so it has not been out of a slackness or a lack of trying,” “I’m trying really hard to learn what the process and the timings are and I have requested that from many departments since Nov. 1. I apologize for not understanding; I’m really trying to.”

Without the funds, Chavdarov said, Easel Rider would cut back and its Schools and Streets program would have to scale back as well. “With the cut in funds we will not be able to serve as many youth as we typically would.”

“I’ve been watching closely with how money is spent,” Pickering added, and the $15,000 will make sure the group can help about 5,000 youth, especially in public housing and marginalized communities. “This is really inexpensive, powerful work and if we’re not paying attention to those youth and building those communities, we’re going to have some other conversations in the next two years in our city.”

Davis, citing the city bumping up its amount for programs in the previous month, claimed that Council had an awareness of the issues facing low-income communities, but “it’s a little bit of a surprise” to vote on funding with short notice. “I feel like we’ve worked pretty hard to streamline our process.”

But Manheimer said that the service deals with LEAF “didn’t fit the mold” of the usual request from a non-profit because “we’re essentially contracting with them to provide services” in city facilities. “It was challenging to figure out how it fit into our structure.”

No member of the public spoke on the matter and the $15,000 for LEAF passed 5-1, with Wisler against.

A room in the Civic Center

During the open public comment period, Manheimer noted that “we have a special surprise.” Specifically, Davis’ son and several of his friends and Civic Center officials came forward to propose that the three-term Council member have a room at the center named after him.

A longtime figure in the downtown business world and in the development of the Civic Center, Davis isn’t running for another term this year, and the speakers said it was time to remember his service and role in securing funding to repair the aging center over the past decade.

“When my wife and I moved to Asheville, we weren’t sure what the Civic Center was all about,” Joel Storrow, chair of the city’s Civic Center Commission said. “He’s worked tirelessly for the center. When we started thinking about the renovations project, he was a staunch advocate to pursue the funding for the facility and now we’ve got a venue down there that we’re all proud of.”

After the presentation of the petition, Davis thanked the presenters and Manheimer noted that the vote on naming a room after Davis will be on the next agenda.

But the next speaker was less laudatory. Kay Libsy told Council that there was a continued lack of maintenance on their road, Granview Circle, in the westernmost part of city, was distinctly lacking, with blocked storm drains and large pot holes. “We’re paying taxes with no provision of services.” They wanted the problem addressed, and Manheimer promised that Jackson would get back with them.

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