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Letters to and From City Council regarding Greenlife's neighborhood abuse:

-----Original Message-----
From: James & Ginny [mailto:juddg@juno.com]
Sent: Thursday, December 29, 2005 1:33 PM
To: jheard@ashevillenc.gov
Subject: [CAN] Citizen-Times Greenlife article 12/26/05

Mr. Heard,

Thank you for your time this morning to discuss your following quote in the Dec 29 Citizen Times article "Greenlife, neighbor spar over dock".
"Heard also said the city classified Maxwell Street as mixed use with 50 percent of the properties on the street zoned or used for commercial purposes."

I have attached the citizen's analysis of Maxwell St. Residential Status in relation to the UDO requirements.
Please review it for any errors.
If you refuse to review it please respond as such.
If you intend to respond later than this Friday with a review or a refusal to review, please respond as such.

Some questions you might want to answer are as follows:
- why did you use "used or zoned" when the UDO states "use" is the criteria?
- why did you not disclose that 80% of the properties are residentially used or zoned vs. your 50% commercial?
- why did you not disclose that 64% of the properties are residentially zoned vs. 36% commercial?
- why did you not disclose that 68% of the properties are residentially used vs. 32% commercial?
- If the citizen's numbers are correct and residential predominates over commercial when measured as "used", "zoned", or "used and zoned" how can staff not have made an error?
- why do you classify Maxwell St as "mixed use" when the UDO only includes "residential" or "commercial" classification of a street?
- If it is classified as a residential street why does the city condone access by commercial trucks onto Maxwell St. (e.g. parking lot to loading dock)?
- If city staff did not make an error in classifying Maxwell St. as residential why did Bob Oast's letter to Greenlife's Attorney tell Greenlife that trucks need to go thru Greenlife's parking lot and not up lower Maxwell St. based upon 7-11-1(h/i)2
- If you now want to revert to the grandfather excuse...I think you would need to use UDO 7-17-6, "Nonconforming use of structures" (e.g.
street) and not UDO section 7-17-7, "Parking and Loading Requirements"
to make your case. Bob Oast in his letter to Joe Minicozzi pointed to the latter section but failed to disclose why "black is white". I would recommend just answering one question at a time (i.e. is Maxwell a residential street).

I would also be interested based on our conversation why loading is allowed in a bufferyard. You stated it is because driveway openings are allowed (UDO 7-11-2(d)4). Bob Oast in trying to dodge another UDO violation (70' access point width when 36' is maximum, 7-11-1(f)1) has said it is technically a loading space and not a driveway opening?
Which is it? For loading in a bufferyard I believe staff would need to classify it as a minor or passive use which to my knowledge they have not done. As for Bob Oast's access point width dodge, I would be interested in why staff doesn't use the UDO language (i.e. access point) but instead makes up language not in the UDO (i.e. driveway openings, loading spaces) both of which I would point out require access points.

I would truly appreciate if staff would quit wasting everyone's time and simply give some clear answers on one point at a time. A good place to start would be reviewing the attached citizen spreadsheet. I look forward to your response.

Regards,
James Judd

Scott Shuford's reply:

James -

City staff has reviewed the Greenlife situation and we have previously issued a point-by-point response to all your questions. We will take a look
at your table and, if warranted, provide an additional response.

I will conclude by saying that, throughout this episode, we have not cast aspersions on anyone's motivations or responses (with the possible exception of an email I sent to Joe Minicozzi on his outrageous implications regarding former Mayor Worley) and we would appreciate similar respect from others.
Frankly, the tone you have taken in your correspondence with Mr. Heard is inappropriately accusatory, demanding, and disrespectful.

Scott Shuford, AICP
Director
City of Asheville Planning and Development Department P.O. Box 7148 Asheville, NC 28802-7148
(828) 259-5840
sshuford@ashevillenc.gov

To and From Reid Tompson and City Manager Gary Jackson, October 11, 2005

Hello all,

Gary Jackson our new city manager is very responsive and receptive to listening to all sides. I believe city Council made an excellent choice when they chose Mr. Jackson as our new city manager. I think it is going to take him quite some time to change the culture in city government.

I guess it will not be taking any more pictures today. I wanted to have some to present the council tomorrow that were taken today. Maybe it’s time to go shopping. Anybody get any ideas of good camera?

Thanks

Reid

--------------------------------------------------------------------------------

From: Gary Jackson [mailto:GJackson@ashevillenc.gov]
Sent: Tuesday, October 11, 2005 10:51 AM
To: 'Reid Thompson'
Cc: Bob Oast; Scott Shuford; Councilman Brownie Newman (bnewman@main.nc.us); Councilman Jan Davis (jandavis@main.nc.us); Councilman Joe Dunn (jdull17@aol.com); Councilwoman Bellamy (terryb@buncombe.main.nc.us); Councilwoman Holly Jones (hollyj@buncombe.main.nc.us); Mayor Worley (cworley@worleylaw.com); Vice Mayor Mumpower (drmumpower@aol.com)
Subject: RE: AICP code of ethics and professional conduct think of this as it relates to customer service and Maxwell Street

Reid:

As directed by Council, a staff response to the documented concerns (as submitted at the recent Council meeting) is being developed. The submittal is lengthy and detailed, so the response to it is being thoughtfully prepared. As soon as it is completed, it will be provided to you.

Thanks for the congratulations.

Gary

--------------------------------------------------------------------------------

From: Reid Thompson [mailto:reidthom@bellsouth.net]
Sent: Tuesday, October 11, 2005 8:48 AM
To: Gary Jackson
Cc: Brownie Newman; 'Holly Jones'; Terry Bellamy
Subject: AICP code of ethics and professional conduct think of this as it relates to customer service and Maxwell Street

Mr. Jackson,

After reading the mountain expressed last week I was very impressed that hiring you seems to be many council member's proudest moment. Congratulations.

I realize you inherited a lot of problems when you took on your job as city manager. Attached below is a copy of the code of professional conduct for land planners. I intend to make this part of the public record at Wednesday's city Council meeting. I also intended to present Chief Hogan's letter to me and the CAN letter to you: Each details the fact that the UDO is not being enforced on Maxwell Street and should be part of the public record as well. Mayer Worley in the mountain express says "The UDO should always be enforced." Can we please enforce it on Maxwell Street? What CAN UDO? CAN Letter to City Manager.

Again Mr. Jackson I realized you inherited this problem. I do not want you to be blindsided on Wednesday. I would like to be able to give you the nickname Action Jackson. I know I seem impatient but this has been going on for over 16 months now; perhaps because Greenlife's Legal representative is none other than Mayor Charles Worley. http://www.secretary.state.nc.us/Corporations/Corp.aspx?PitemId=5710259

Reid Thompson

http://www.ourasheville.org/greenlife/index.html

Complete List of UDO Violations
PowerPoint Presentation (8Mb)
Neighborhood Flyer (09/20/05)

AICP Code of Ethics and Professional Conduct

http://www.planning.org/ethics/conduct.html

From Theda Rudd to City Council, September 20, 2005

Dear City Council,

As a resident of North Asheville I am concerned by the conflict between Greenlife Grocery and the residents of its neighboring streets. To date, I believe that City Council has not done enough to address the interests of the citizens of Asheville in this matter. Please give thoughtful consideration to the grievances presented by Mr. Thompson and other residents in today's meeting. Please protect the rights and the safety of citizens on residential streets. Please demand that Greenlife comply with our zoning laws swiftly and completely.

You have the opportunity today to restore some confidence in City Council. Please act decisively in the defense of your constituents.

Very respectfully,
Theda Rudd

From Mike Lewis to City Council, September 19, 2005

I received an e-mail from Mr. Reid Thompson stating that he would be making a presentation to your work session tomorrow afternoon. I doubt that I will be able to attend, but I want to express my concern over the Greenlife/Maxwell issue.

After one cuts through the polemics and the obfuscation, at the very least, one issue seems to be clear: That it is wrong for the City to allow heavy trucks to regularly use residential streets at all hours of the day. There are other issues in the Greenlife controversy, but the traffic issue seems to be fairly clear-cut. The trucks shouldn't be there.

Still further below the surface seems to lie yet another issue. Over the past months events have taken place that make the average citizen wonder whether City Council can govern at all; e.g. Campus Crest, the water issue, the on-going Civic Center issue, the long debate in the August 23 session over the Wal-Mart outparcels. In all those issues, City Council has either demonstrated an inability to take action, or not been aware of what action it intended, or showed that it could not depend that the decisions it made would be carried out.

We have a problem.

Tonight, my neighborhood and others will meet with Greg Edney and Gerald Green regarding the proposed conditional rezoning of the former Burger King property on Merrimon Av. As you well know, this is not the first time an issue like this has arisen in my neighborhood. A question that I keep hearing is this: "Why have a UDO if it can be changed or circumvented so easily?" The "experts" keep telling me, the use of conditions gives the City a valuable tool in dealing with development. That may be true. But every controversial development I can remember was proposed under the conditional use (or now conditional zoning) rules. So neighborhoods keep finding themselves fighting the same battles. Given that nobody seems satisfied with UDO, why don't we just do away with all ninety-nine pages of Section 7 of the City ordinances and replace it with a single page stating, "All development will be subject to the conditions imposed by the Board of Adjustment, Planning and Zoning Commission, and/or City Council." Footnote that statement with: "Conditions will vary as membership on the bodies named above changes. Consistency cannot be assured."

Michael N. Lewis
48 Gracelyn Rd.
Asheville, NC 28804
(828) 252-3684 Ofc.
(828) 252-3684 Fax
Mlewis6956 @ charter.net

From Brownie Newman, September 9th, 2005

Peter,

Sorry for not having responded to you earlier. Just backed up on work. I
still don't have much time to write now, but the short version is this.

I like Greenlife. I think it's good store and I think it's beneficial to
have a grocery store back in this part of town.

With that said, I am not comfortable with what I have seen happening there.
They have made some positive changes to the operation of the facility to
make it less odious to the immediate neighbors. But problems still remain.
These oversized trucks still block traffic and drive up and down Maxwell.

I support Council taking the issue at a worksession. I would like for the
Maxwell Street neighbors to have a chane to air their concerns and
suggestions with Council, as well as to have a chance for the Greenlife
owners and staff to explain their side of things. I think there may be yet
an opportunity to reduce the impact of the store on the neighbors and to
improve our overall policies to reduce the chance that the same thing
happens again in the future.

At this point, Holly has said she supports scheduling the issue for
discussion. I need to fing a third member of Council who will also agree to
put it on our agenda.

Brownie

From Peter Brezny, August 31, 2005

Councilman Davis,

Thanks very much for your complete and informational reply.

I apologize for my late response, I had hoped more of your colleagues would reply as well but to date, you are the only council member to respond.

It is unfortunate that conditions on Maxwell street, in spite of Greenlife's apparent efforts, have not dramatically improved.

At least once a week, I walk to and from town past Greenlife. I had hoped that the modifications made by Greenlife would ameliorate residential concerns, however, construction of the privacy fence actually detracts a great deal more from the neighborhood, and provides no significant noise barrier compared an appropriate buffer. Not to mention the removal of parking along the fence, which I believe in Greenlife's proposal, this had been guaranteed to remain.

I understand that a modification was made to the "neighborhood corridor" zone designation to allow a fence instead of an adequate tree/shrub barrier immediately before Greenlife installed the fence. This modification was made at a meeting where I believe I recall Councilman Newman asked if anyone had contacted the Coalition of Asheville Neighborhoods for guidance in this matter, and I believe Mayor Worley's reply was something to the effect of, 'council meeting notices are publicly posted.' A true statement, however this tone does not bode well for neighborhoods, how great it would be if Mr. Newman's voice could have a greater impact at council meetings.

Clearly there are noise ordinance and other UDO violations as have been carefully documented by both Mr. Thompson and the Coalition of Asheville Neighborhoods which have not been addressed.

I sincerely hope that you are correct and that there has been no coercion, direct or implied, of the staff in this matter, however, I don't believe this to be true from reports to me by others who have been in meetings with staff who have all but said they were receiving pressure from the mayor not to act on this issue. I have my own experiences with staff that lead me to believe they are not acting on what they believe to be the best course of action as well.

Regardless, what can we do now?

It is now obvious that the loading doc at Greenlife can not harmoniously co-exist with the residents of Maxwell street if it is a mere 20 feet from their property with 18 wheeled tractor trailer delivery trucks arriving at all hours.

It was a design failure to place it there from the beginning, a failure not adequately addressed initially by city staff, and one that must be addressed now. There are a small handful of individuals profiting while an entire neighborhood is degraded.

I understand that Council feels their hands are tied if legal action is pending. Perhaps this is not the case and the city has an opportunity to take action now. I'm sure a conversation with Mr. Thompson could clear this issue up. It would be a great thing if we could resolve this problem without the financial and personal cost of a lawsuit.

Greenlife appears to be remarkably successful. Has council gotten together and as a unified voice asked that the owners consider moving the loading doc to the other side? Clearly it's the right thing to do, for the residents, and for Asheville.

It might be a good first step.

As you note, Greenlife could be a fabulous asset to this portion of town, there's nothing more efficient than walking to buy your groceries. I for one however, will not shop at a store that takes advantage of a neighborhood for their own profit.

Thanks again for your time and concern for the citizens you represent.

Sincerely Yours,

Peter Brezny

From Councilman Davis, August 26, 2005

Peter
Thank you for your interest and concern with the Greenlife/Maxwell Street
situation. Please find the attached emails that will give you a sense of
time line and efforts that have been made from a Council/staff perspective.
I will also give you a bit of personal observation.

The issue first came to our attention when Albert Sneed, representing Reid
Thompson, invited Councilwoman Jones and myself to meet with he and Mr.
Thompson on Maxwell St. Sept. 2, 2004. Our impression was that Reid had
invested in renovating and renting several houses and occupying one himself.
The houses were notably well done and an improvement to the street. It was
obvious that there was a problem with the loading dock, dumpster location,
parking and noise created by Greenlife Grocery.

Councilwoman Jones and I requested meeting with staff to bring the problems
to their attention and seek solution. We met with Manager Westbrook,
Planning Director Shuford and Traffic Engineer Butzek and felt that a
sincere effort would be made to alleviate the problems. Regrettably,
following that period, Mr. Thompson's behavior and Greenlife's
encroachment escalated to a volatile, emotion filled time of confrontation.
Mr. Sneed's relationship with Mr. Thompson ended.

Allegations have been made about city staff permitting non-compliance of
Greenlife and doing so because of Mayor Worley's representation of the
company. That is simply not true. I feel that approval of the site plan
was done above board with the same consideration as with any other
applicant. Greenlife's success has certainly created more traffic than was
ever expected and the original plan did not anticipate the frequency of
delivery or size of truck.

Several months into working toward solution it became apparent that Mr.
Thompson was not going to be satisfied with efforts to improve the site with
what city staff required and what the store had done; I offered to bring the
problem to a Council Work Session. Shortly, thereafter, Reid informed me
that he was filing a complaint with the court. I explained to him that at
that point Council would not be able to participate with the threat of
litigation and his unwillingness to agree to any sort of compromise.

I saw Mr. Thompson and his representative, Joe Minicozzi on several
occasions and had numerous conversations during this time. Reid's most
recent attorney, Mr. Steve Barden passed away unexpectedly without the
complaint being filed. At that point, Councilman Newman and myself met with
Mr. John Swann, manager of Greenlife. We visited the store and found many
items of contention had been addressed. The loading dock had been fenced,
the dumpsters fenced and time of pick up changed. We asked Mr. Swann if he
would seek mediation with Mr. Thompson, which he agreed to do. We also
noted that delivery trucks were not obeying the signage on Maxwell and that
problems still existed.

After that meeting with Mr. Swann, I called Mr. Thompson explained what we
had talked about and offered him an opportunity to seek mediation. He
refused. Again he said he would seek litigation.

Again, I appreciate your good effort and sincerely would like to see Mr.
Thompson and Greenlife reach a good middle ground. Greenlife fills a great
need for a grocery store in that neighborhood and Reid has provided good
housing and has had a difficult time with this development. I, regrettably,
feel that we may be past a good negotiated settlement but will be willing to
work to that end.
Regards
Jan Davis

From Peter Brezny, August 25, 2005

Dear City Council members and Mayor Worley,

I know many of you have taken a great deal of time listening to citizens input and attempting to mediate a positive outcome to a difficult problem--a problem that could easily have been avoided had the original placement of the loading doc been scrutinized by staff more focused on the needs of the residents, than that of the developer.

I would like each of you to help bring me up to speed on this issue and let me know what you have done to attempt to resolve the violations of the UDO, the repeated reconstruction of a commercial building without a permit, or variance which should have been obtained before widening of the driveways occurred.

There are also serious fire code issues that have apparently been avoided by removing roof panels on the porch of the building. I am not clear on the exact specifications of the fire codes but apparently roof surface area comes into play, and removing roof area, now replaced with canvas along the front of the building, allows the structure which should actually fit in a more restrictive fire code classification, to get away in a lower classification.

We come to you council members to aid us in resolving this issue, because the normal channels through city staff and city enforcement have failed, and now after more than a year of reduced quality of life, it's time that Greenlife at least complied with local laws and statutes.

Greenlife has not been a good neighbor to the residents on and near Maxwell street, indeed to any of the public that enters a potentially dangerous store if it is borderline fire code compliant.

It's clear also that Greenlife is not interested in becoming a good neighbor without the encouragement of our civic leaders.

Thank you for taking the time out of your busy schedules to respond and do what you can to bring Greenlife into compliance of city ordinances.

Greenlife's existence can be an enormous benefit to the community with minor safety, traffic, and noise modifications. I hope that we can work together to bring this to fruition.

Sincerely Yours,

Peter Brezny

From Peter Brezny, August 25, 2005

Mr. Worley,

Your campaign manger, Blake Butler, expressed the same but more urgent desire to meet with me face to face in a phone conversation earlier today. Unfortunately I'll be unavailable through the first week of September, at which time Blake assured me he would call to set up a meeting.

The majority of your fellow council members managed to receive and reply a good portion of the time to former inquiries made to the entire council, but none from you. Never-the-less, I am glad we are in communication now, although as I stated earlier, I am much more interested in action than talk.

What are your plans to resolve Greenlife's abuse of the neighborhood exactly?

Sincerely Yours,

Peter Brezny

From Mayor Worley, August 25, 2005

Mr. Brezny,

I am not aware of any inquiries you have made to me. If I missed any, I apologize.

I do not wish to engage in a debate by email. I believe email is a great way to correspond to pass information but it is a very hostile and impersonal way to engage in discourse over differences of opinion. While I do not expect to change your mind, I again extend the invitation to sit down and discuss those differences of opinion in a face to face, civil conversation.

Sincerely,

Charles Worley

From Peter Brezny, August 24, 2005

Mr. Worley,

I regret that it has taken this long for you to reply to my inquiries, yet I am thankful that you have taken the time to do so now.

Your record and actions against overwhelming citizen input on multiple occasions speaks much louder than portions of your reply below.

If indeed you are not sheltering Greenlife, I charge you to take immediate action and do everything in your power to see that the UDO is enforced to the full extent of the law in favor of the citizens whose quality of life has been dramatically compromised by your neglect of this situation.

Your staff, notably Scott Schuford, Anthony Butzek, Bob Oats, and even the city manager are complicit in the perpetuation of this injustice to your citizens by means of disinformation, double talk, 'the run around' and avoidance.

This disgrace is shared by many on council and staff who have willfully or not dropped the ball or passed the buck on this issue, but as mayor, we look to you to seek out injustice and enforce the rule of law by which we all abide.

I am also very glad to hear that you pride yourself in not allowing your position to influence others. However, multiple individuals on staff and within the police force, who shall remain nameless, have made it clear that their hands have been tied on this issue and others by the "man at the top," and will not act for fear of losing their job.

Whether the man at the top is you remains to be seen, but that is the implication. Regardless, this city council, and parts of the administration are corrupt and being manipulated. As mayor it is your responsibility to ferret out this corruption and return civic government to a respectable position. During your tenure, it is clear to me that the situation has gotten worse not better.

Thank you for the invitation to meet with you and discuss your dealings with Greenlife. I may have the opportunity to accept your offer at a later date, for now however, I will continue to allow your actions, as opposed to rhetoric, to be the basis of what forms my opinions and guides my hand in the voting box.

If you can be an effective citizen's advocate, please do so now and show the citizens of Asheville that you are willing to carry out the oath of your office. A good place to start is moving the loading doc at Greenlife to the south side of the building.

Action on this issue may temper the growing movement against you and your compatriots in the upcoming election.


Respectfully Yours,


Peter Brezny

From Mayor Worley, August 24, 2005

Dear Mr. Brezny,

I assure you that I have done nothing whatsoever on behalf of Greenlife, either directly or indirectly, in its dealings with the city. I would like the opportunity to meet with you and share the totality of my involvement with Greenlife and my total removal from anything Greenlife had to do with the city.

You may disagree with decisions I have made in the public arena and I respect that. However, I also value my integrity and I pride myself on NOT using my position as Mayor to influence any decision because of client relationships, friendships, contributions or similar connections.

I invite you to call me and meet with me on this matter.

Sincerely,

Charles Worley

From Dr. Mumpower, August 24, 2005

Mr. Brezney,

I have many faults, but passing the buck and avoiding responsibilities is not on the list. This gentleman reached out to two Council members and ignored my early request to help. It is my persistent position to avoid stepping into matters whereby other Council members are attempting to help, and I believe it is a prudent policy that helps us avoid duplication of effort (there is very little of us to go around) and attempts to play one Council member against another by those who are comfortable with manipulating the system.

Mr. Brezney, you are quick with judgments and assertions with a matter that, for me, is very complicated and confusing. It has been my understanding that this issue has taken a legal course -- that precludes my involvement unless the matter comes before Council. Should that be the case, I can assure you that I will learn and respond in fair fashion.

Carl M.

From Peter Brezny, August 23, 2005

Reid Thompson, Esteemed Council Members, City Staff, and Citizens,

Thank you for sharing the continuing difficulties with greenlife's abuse of the neighborhood, and council's lack of will to enforce to the rule of law as outlined in the UDO.

Personally, I hold you Mayor Worley primarily responsible for this debacle, since you have maintained a position of blatant conflict of interest as both Mayor and legal representative for Greenlife. A conflict of interest on par with your roll back of annual required code inspections for rental property (which was one of the best ordinances I've seen enacted in Asheville, resulting in the elimination of multiple slumlords). As a real estate lawyer, I'm sure this change in the law has proven quite meaningful to you and your colleagues. The pressure you have placed on city staff, city lawyers, and as has been rumored even city law enforcement, appears to have served you exceptionally well, leaving the citizens out in the cold.

Council's closed door approach and legal maneuvering in favor of thoughtless development in the face of overwhelming community opposition, make it clear that the current "leaders" of city council now up for re-election have little consideration for the greatest asset Asheville possesses, the people who live here and the neighborhoods they live in.

Mayor Worley, you have an amazing record of environmental and neighborhood degradation and neglect. A record fraught with decisions that went clearly against the will of the citizens these changes most affected.

Wal-Mart, Campus Crest, Greenlife's non-compliance to the UDO, the rezoning of Broadway North of Chestnut, the I-26 Connector...these are just the highlights where the citizens said no, and you said yes. And now it appears you have approved the construction of a 10 story building adjacent to the courthouse, without requiring the developer to create parking adequate for the new structure. Another yes for poorly planned development and a resounding no for the citizens who simply want to enjoy the city they live in. Tell me, does the high-rise get free water as well?

Who do you represent Mr. Worley?

I gladly await your reply, but since I have never received a response from you in spite of numerous direct communications I will not hold my breath.

And Dr. Mumpower, this is at least the second time I've seen you pass the buck as opposed to getting involved and taking direct action to work for the citizens. What does your position of vice mayor require exactly? Although it is rare that you fail to reply to my queries, from a representative standpoint this is of little consequence as you have told me directly, you do in your "heart of hearts" what is best for the city, instead of what your constituents advise.

For those of you on city council and staff who care about the citizens and want to make the life of those you serve better, I implore you to take action on this serious issue that has eroded the quality of life for everyone on Maxwell Street and many in the surrounding area. The undisputed solution to the problem is to move the loading dock to the other side of the building where it belongs, and build a masonry sound barrier to shield the neighbors from the refrigeration compressors on the roof of greenlife. The building's original loading doc existed on the south side why it was allowed to be installed against a neighborhood with no buffer is beyond both me, and the UDO. The only complaint I have heard to this clear resolution via loading dock relocation is that it is too much of a financial burden for the owners of greenlife. Comparison of the prices at greenlife to other stores leads me to believe that greenlife can easily afford this cost, or perhaps Mr. Worley can donate a portion of the legal fees he has gained as greenlife's representative.

If you don't feel the living conditions on Maxwell street have been seriously degraded, I encourage you to find a tractor trailer training school and ask that they send students by your house every other morning at 4 am for the next month. Don't forget to ask that they stop beside your house and allow the engine to idle for 30 to 90 minutes before departing, and you'll see what Mr. Thompson and others have been subjected to by council's inaction/negligence/counter action on this issue since the opening of greenlife more than a year ago.

Citizens of Asheville, I encourage you to actively participate in the upcoming elections.

October 11, Primary election (which is very important if only a primary)
November 8, General election

If you don't believe you know enough about the individual council members to have an informed opinion, please subscribe to the list at:
http://www.matchourmountains.org/

"Match Our Mountains is a broad-based citizen coalition to elect leaders who will strengthen our local economy and protect our environment."

They do a great job of interviewing candidates and endorsing those who represent the balance of Asheville's citizens, while promoting intelligent development in an environmentally and community sensitive manner.

Each of the citizens of Asheville hold in their hands the gem that is our community, much of the city council leadership would give this gem away for short sighted measures of "progress" and monetary gain.

Indeed we, if apathetic about the political process are giving away our part of this gem as well.

Need a reminder of what a gem we have, just take a peek here: Is the last town you lived in listed on the National Historic Register?
http://www.cr.nps.gov/nr/travel/asheville/sitelist.htm

Democracy is not a spectator sport, I hope you all chose to get involved, learn the history, background, and motivation of every candidate for city council, and make intelligent choices for our future leadership both on October 11, and November 8.

Sincerely Yours,

Peter Brezny

From Reid Thompson, August 23, 2005 and associated thread

Dear Councilman Davis:

In our last conversation at your store you let me know that you had removed the option of a Council Work session off the table. Additionally, I have not heard anything from any of the Council contacts in a month. That is why I emailed out to the entire Council.

I understand that you feel that I may be difficult, but please try to keep this in perspective. Remember how long I have had to deal with this and bear in mind the public process that I have been afforded. I have had no public hearing on this issue and it has been how long?

Over a Year.

In addition to the complaints of my tenants, I have been woken up by trucks on Maxwell Street at all hours of the night, their refrigeration as well as the compressors from the grocery store. I have attempted to follow my due process allowed by this city and I have taken these issues to the Noise Board. In each case, the City attorney's staff has vigorously fought to dismiss my case. Three times, I have taken the issue of the fact that the approved plans don't match what is required by the City's Code. In that case, the City attorney's office vigorously fought to get it dismissed. What are my options to get an objective review of the conditions? What is the City Attorney protecting? It certainly isn't the law. Get a tape measure and measure the driveways. The law says that they can only be 36'-0" wide as a maximum. How did they get wider than 36'-0" without a variance procedure? That's the proper public process for compromise - a variance. Do they have one? Pull the "approved" plan and you will see a tractor trailer in the visibility triangles (see below). That is illegal and a life safety issue. How was that approved? How could Staff not see that one? What is there to compromise here? A citizens life because of a dangerous design? This is just the beginning of the list of non compliant features.

I have hired several attorneys and a planner and we have offered a redesign to help the situation. I thought that was a pretty fair and reasonable offer to give someone whose plans are illegal. Should a citizen have to hire his own staff to get a developer to follow the City Code? And to clear the record, I didn't say that I'd file suit against the City, I said that the City is forcing me to do so by their inaction. We all know that the loading dock belongs on the other side of the building.

There were trucks on Maxwell Street the day you and Councilman Newman were at the site. There was a truck blocking a public sidewalk as well. Did you all take any action? Was there any resolution? I never heard anything. There were trucks driving on Maxwell Street today and yesterday and too many days to count since the site was "improved". Does it really matter that Staff got a few signs hung on the site? Greenlife appears to give those signs as much credence as they do the UDO. Have they ever received a citation from the police department? City Council made Maxwell Street a no truck Street. Where are the signs, how long does this take?

With all due respect Councilman Davis, how long ago did we meet? It was March 22nd. Imagine having that meeting and being offered a public hearing and then you withdraw the offer a few months later. That is what's frustrating. Additionally, I get served with a letter from the Police Chief on July 7th where he creates new law. How would you feel if the Police Chief was writing you letters where he was making up his own law? I and Mr. Minicozzi asked for the Council to look into Chief Hogan's actions, and neither of us has heard anything from anyone. Does it take a month to get an answer? Can you blame me for getting frustrated? How patient should I be when I get woken up and when my property value is damaged? When a citizen gets no action from the City, what is the citizen to do?

These are your staff members and you have the authority to question their actions. As for the mediated session, how long does that take to set up? Seriously? Additionally, I think the whole thing could be benefited by an independent audit. Let an objective body perform some due diligence and bring it to the Council. While they're at it, they should audit what was submitted to the building department and look at the plans that were submitted. The loading dock has been enclosed without a permit ever being pulled. I'm all in favor of a public work session on this, but I am not going to wait around for another year for that to happen. If you're still willing to do the session, let's have it. Let's make a date ASAP and let’s do it. All I ask is for a fair public hearing of the issue and my side of it with an objective body to review it.

Respectfully,

Reid Thompson

See the truck parked in the visibility triangle? How did this get approved? It's a public safety issue and it's not legal. There is no variance on file. It's simple.

Here is the buffer B diagram straight from the Unified Development Ordinance. I saw no pictures where a loading dock was used as screening between dissimilar land uses. If this standard means nothing then let's do away with it for all of us. What is the intent of this chapter? I believe it's to protect abutting properties from the negative impact of development.

Here's what it looked like when Councilman Newman and yourself witnessed trucks driving down Maxwell Street. And I might add parked on the sidewalk. I'm certain this is in the visibility triangle.

--------------------------------------------------------------------------------

From: Jan Davis [mailto:jandts@bellsouth.net]
Sent: Tuesday, August 09, 2005 12:59 PM
To: DrMumpower@aol.com; reidthom@bellsouth.net
Cc: JDULL17@aol.com; Terry Bellamy; hollyj@buncombe.main.nc.us; cworley@worleylaw.com; Carl Mumpower; Newmanasheville@aol.com; councilmail@ashevillenc.gov; JeffRi@ashevillenc.gov; lbradley@ashevillenc.gov; mburleson@ashevillenc.gov; boast@ashevillenc.gov; gjackson@ashevillenc.gov; sshuford@ashevillenc.gov; Joe Minicozzi
Subject: Re: more than a year later. THERE IS A PUBLIC SAFETY PROBLEM ON MAXWELL STREET

Carl

As you are probably aware, Holly and I have been involved with Mr. Thompson's situation with Greenlife Grocery since late summer last year. There has been much correspondence, meetings with staff and most recently with Greenlife Manager, John Swann, Councilman Newman and myself.

Greenlife has made significant improvement to the loading dock area and dumpster logistics. Staff has improved signage on Maxwell Street, regulated truck traffic to enter from Merrimon and exit to Merrimon going up Maxwell. With these efforts Mr. Thompson still has legitimate complaints about use of Maxwell. In fact, the day Brownie and I visited, we watched a large truck exit downhill on Maxwell toward Broadway.

Mr. Thompson has made many efforts to improve his and the residents quality of life on Maxwell; he has solicited our help, retained a professional planner Joe Minicozzi and involved several attorneys. Regrettably, he has also been difficult to reach compromise or even be willing to work toward taking this issue to a better level. At times, he has been almost resistant and belligerent to those of us trying to help. Most recently, Reid told me that he is suing the City.

I am willing to continue looking toward mediation if there is a real willingness to do so but with threat of a law suit, that may not be possible. Carl, I am more than happy to have your involvement as well as the rest of Council. I think Holly and Brownie welcome it, as well.

Jan

----- Original Message -----

From: DrMumpower@aol.com

To: reidthom@bellsouth.net

Cc: jandts@bellsouth.net ; JDULL17@aol.com ; Terry Bellamy ; hollyj@buncombe.main.nc.us ; cworley@worleylaw.com ; Carl Mumpower ; Newmanasheville@aol.com ; councilmail@ashevillenc.gov ; JeffRi@ashevillenc.gov ; lbradley@ashevillenc.gov ; mburleson@ashevillenc.gov ; boast@ashevillenc.gov ; gjackson@ashevillenc.gov ; sshuford@ashevillenc.gov

Sent: Monday, August 08, 2005 1:59 PM

Subject: Re: more than a year later. THERE IS A PUBLIC SAFETY PROBLEM ON MAXWELL STREET

Mr. Thompson,

If Councilman Davis and Councilwoman Jones share that they are no longer involved in this matter, I will sit down with you sometime soon to develop a clearer understanding of things. I am frankly confused by the who and what of this situation and the appropriate accountabilities. If I do not hear from my colleagues, I will assume that they are still involved and that it would not be appropriate for me to introduce myself into this situation at this late date for the reasons mentioned in our earlier email exchange.

Carl Mumpower

In a message dated 8/8/2005 3:34:16 PM Eastern Standard Time, reidthom@bellsouth.net writes:

-----Original Message-----
>Dr. Mumpower,
>
>
>
>Congratulations on your candidacy for city Council. I will have a hard
time voting
>for any incumbent in the upcoming election. I live on Maxwell Street and
>own multiple properties on Maxwell street. Maxwell street has been turned
>into a loading dock for a private grocery store. I am asking for your help
>now since nothing has happened in the past year. The only acceptable
>solution is to move the loading dock away from the residential street as
the
>UDO required in the first-place. I feel, I have been denied due process by
>the city. City staff is pretending that the situation doesn't exist and
>that Greenlife didn't commit FRAUD on their application is becoming
>laughable. Not to mention that it is criminal, a misdemeanor; also a
>dereliction of duty. Being an ostrich and sticking our head in the sand
>would be unacceptable in your eyes I'm sure. Is this how you would run city
>government? Below is your February 16th, 2005 and your September 20, 2004
>response to my troubles. It is followed by my recent letter to our new
city
>manager, still unanswered. I am asking you for your help. Can you get me
>on city Council's work session after September 1st? Before, the election.
>By the manner in which I have been dismissed by the city, one would think I
>speak Swahili or something.
>
>I look forward to your assistance,
>
>
>
>Reid Thompson
>
>
>
>
>
> Mr. Thompson,
>
>
>
>If I am not mistaken, there are currently several Council members involved
>in this matter. In that we try to avoid stepping on one another in our
>efforts to address specific citizen concerns, may I assume that these
>Council members are still in contact with you and making an effort to
>address your concerns?
>
>
>
>Carl M.
>
>
>
>From: DrMumpower@aol.com [mailto:DrMumpower@aol.com]
>Sent: Wednesday, February 16, 2005 8:06 AM
>To: peter@purplecat.net; reidthom@bellsouth.net; bnewman@main.nc.us;
>AnthonyB@mail.ci.asheville.nc.us; hollyj@buncombe.main.nc.us;
>jandavis@main.nc.us; JDULL17@aol.com; jheard@ashevillenc.gov;
>khamel@ashevillenc.gov; sshuford@ashevillenc.gov;
terryb@buncombe.main.nc.us
>Cc: barhes@bellsouth.net; cbothwell@mountainx.com;
>CAN-board@yahoogroups.com; judd@asheville.kearfott.com; jthomp@citcom.net;
>brokecity@citcom.net; laidbackcats@bellsouth.net;
>cpelly@buncombe.main.nc.us; asneed@vwlawfirm.com
>Subject: Re: Before 6 a.m. Wakeup Call and Past 24 hours
>
>
>
>Mr. Brezny,
>
>
>
>It is always my personal wish to address problems without consideration for
>political consequence or personal preferences. If there is a problem, I
>would like to be of what help I can, but I would encourage this gentleman
to
>be sure that the Council members currently involved have had full
>opportunity to respond before others get into the mix. If that point has
>been reached, I'll be happy to sit down with Mr. Reid and/or yourself and
>see what might be done. (7 beagles digging in the same hole leads to
>complexities favoring the rabbit.)
>
>
>
>Carl M.
>
>
>
>From: DrMumpower@aol.com [mailto:DrMumpower@aol.com]
>Sent: Monday, September 20, 2004 7:07 AM
>To: reidthom@bellsouth.net
>Cc: bwilliams@ashevillenc.gov; jheard@ashevillenc.gov;
>JReese@ashevillenc.gov; chall@ashevillenc.gov; asneed@vwlawfirm.com;
>AnthonyB@mail.ci.asheville.nc.us; khamel@ashevillenc.gov
>Subject: 70 Merrimon Ave & Maxwell St. Greenlife
>
>
>
>Thanks for the detailed information on your concerns -- I have forwarded it
>to Mr. Shuford for comment. Have you been in direct contact with other
>members of Council who might be pursuing this?
>
>
>
>Thanks,
>
>
>
>Carl Mumpower
>
>Vice Mayor
>
>City of Asheville
>
>