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Sunday, November 3, 2013

Democracy vs. "I Want It My Way"


What is Democracy?   American democracy features rule of law, equality before the law, a judiciary to protect rights especially of minorities, a Constitution that makes fundamental laws very hard to change, and participation by all either in making laws or in choosing representatives to make laws.

What about "I Want It My Way"?  Some people say, and may even think, they support Democracy, but exert all their effort trying to subvert it.  Gerrymandering and voting restrictions are anti-democratic methods to "get your way."  Small campaign contributions are akin to votes;  large contributions give disproportionate political power to those who already wield disproportionate economic power.  Cloaking efforts for private gain as "reform" and other misdirections are also anti-democratic. And there are other ways.

Is there a gray area?  An elected representative might think "The neighborhood doesn't want this, but I know they'll approve of it once it's done."  This is actually not a gray area, it's how aristocracies govern.

How does Democracy set up a new park?  The elected City Council has established a Parks & Recreation Department, and working together, established Policies and Procedures and a Master Plan, all with public input.  Parks & Rec personnel look for land, engage in dialogue with the neighborhood on whether to have a park, and, if yes, what amenities should be included, subject to budget constraints.

What if someone gives land?  As a gift bypasses most budget problems, a park might be set up more quickly than envisioned in the Master Plan.  Wishes of the donor should be considered.  Even so, Policies and Procedures would remain regarding neighborhood wishes about whether to have a park, and if so, what kind of park.

How does this apply to the dog park?  This gets complicated!

  • There is a potential donor, Ark Development, whose Director of Development publicly stated he had other plans for the property, but would consider donating it for a dog park.  It's not his wish to have a dog park, but he will consider deferring to the wishes of citizens, which at this juncture seemed to be for a dog park.  I understand he had offered it to the city as a completed greenway with paths, but the city declined the offer, citing lack of funds for ongoing maintenance.
  • Friends of the North Asheville Dog Park (FNADP) apparently learned of Ark's wish to donate the property, and decided if they could offer to pay for maintenance of a dog park, then the budget constraint would be overcome, and the city would accept the property.
  • FNADP also understood that while there is a procedure for establishing new parks, the city does not have a Constitution or similar document enshrining the procedure.  The established procedure can be circumvented by a vote of Council.
  • On May 14, FNADP presented to Council the offer of a free park with free construction and free maintenance.  Such an offer is a rare event, and Council had its guard down. This sounded so attractive it could hardly be turned down.  Council voted unanimously to endorse the dog park, and to give $5,000 for planning.
  • At the Sept 10 Council Worksession, it became clear the city would be responsible to maintain any park it owns.  And there can be no assurance that FNADP maintenance funding would be forthcoming.  None of the FNADP "commitment" of $100,000 has yet been raised.  There is no way to enforce FNADP's funding.  It's not incorporated, has no capital, and no co-signers.
So a small upstart group decided a dog park should be installed in the midst of a residential neighborhood against the wishes of the residents (they didn't bother to ask), bypassed established city park procurement policies and the city's Master Plan, falsely claimed to represent the wishes of a donor, and misled Council with an unenforceable promise of a yet-to-be-raised hoped-for $100,000.  If the land is donated, all they need to do is build a small parking lot, put up some fences, and leave the taxpayers with a perpetual bill for upkeep.

This is how democracy is subverted on a small scale.  We call for City Parks & Recreation Procedures to be followed.  The neighborhood should be consulted, and any park should be established according to community wishes, subject to budget constraints.  Ark Development is already obliged to build paths.  That may be all the community wants.


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