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Wednesday, September 11, 2013

Council Minutes Say Dog Park Friends Will Pay for Maintenance‏

John10:38 PM
To: mayorbellamy@avlcouncil.com, emanheimer@vwlawfirm.com, cecil@braveulysses.com, jandavis@
avlcouncil.com, marchunt@avlcouncil.com, chrispelly@avlcouncil.com, gordonsmith@avlcouncil.com
Cc: cball@ashevillenc.gov, divester@ashevillenc.gov, rsimmons@ashevillenc.gov, jashley@ashevillenc.gov, kwhitlock@ashevillenc.gov, mbarrett@ashevill.gannett.com, jaugram@wlos.com, gjackson@ashevillenc.gov


Council voted to support a new dog park based upon private funding of maintenance, as recorded in official council minutes.  So why are some council members discussing city funding of long-term maintenance?   At Friends of the North Asheville Dog Park meetings, the July 18 public meeting, and at the Sept 10 Council & Staff Work Session, staff and Councilman Pelly said the city would provide basic maintenance.  Also on Sept 10, staff indicated the city would be responsible for a minimum level of maintenance, and in the (likely) event private funds were inadequate, city funds would need to be allocated.  Staff notes if the city owns the park, it bears ultimate responsibility to maintain it.  And assurances of ongoing private support are neither binding nor credible.  

Even absent council action approving maintenance funding, is the city now on the hook? Councilman Pelly has even suggested raising the dog license fee to fund the city's new maintenance responsibility.  But the minutes support Mayor Bellamy's contention that on May 14, council had merely approved encouragement plus $5,000 for planning, and nothing more.  Council did not approve bearing future maintenance costs, displacing funds already scheduled for other projects.  The city has not yet accepted land for a North Asheville Dog Park, so there is currently no commitment for long-term maintenance.  But should the city take title to the land, there would be no escaping responsibility for maintenance.  When council voted on May 14, they failed to address the problem of ownership implying responsibility for maintenance.

Council unanimously passed the resolution on May 14 to support efforts to establish a North Asheville Dog Park.  Immediately before the vote, council was assured that all capital and long-term maintenance costs would be funded by private sources.  The official council minutes from the May 14 council meeting reflect this understanding (from Page 23 of the minutes):

"In response to Vice-Mayor Manheimer, Councilman Pelly said that the group is willing to ensure that long-term maintenance will be funded by them through fund-raising efforts."  

A transcript of the actual statements, and a link to the youtube video of the council meeting is available at:

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