Double Standards Reveal Cracks in Downtown Policy

Back in November, I wrote a post about Prince Charles Holdings’ request for more money for the parking deck that they are still building in downtown Fayetteville. I predicted the Fayetteville City Council and the Mayor would fund the company’s request. They did. I ended the post this way:

When they ask for more money in a few months, I’ll change some numbers around and re-post this article.

https://crosscreekdivide.com/2019/11/21/1-4-million-more-tax-dollars-downtown-parking-deck/

Well, Prince Charles Holdings has asked for more money. This is about the fifth time they’ve done so. It’s not as much a fulfilled prediction as it is clock-work at this point.

But the details of tonight’s City Council Agenda and exactly how they are going about the latest increase has me riled up. So you get about the 15th parking-deck-post on this site. My apologies in advance…

Investment Income

Apparently, the City of Fayetteville earns interest on the millions of dollars in bond money we borrowed to finance the baseball stadium and purchase the parking deck downtown.

All of the money we borrowed hasn’t been spent, yet, in part because Prince Charles Holdings can’t seem to finish the deck on schedule. It was supposed to be finished in October, and we don’t have to pay for it until it is finished, so the millions we borrowed to pay for it are presumably sitting in an account somewhere, earning interest. Apparently, we’re earning a lot of interest: $189,063 to this date, according to the city’s numbers.

“Great!,” you might think to yourself. “The city’s at least getting some money back. We can use that to offset the cost of the project and save the taxpayers some money!”

But…

…then the powerful forces of the Fayetteville bureaucracy go to work, and suddenly it’s not so great anymore.

Instead of giving this investment income back to the taxpayers or using it to lower the principal on the debt the taxpayers owe, our City Council and city managers want to give all of it to Prince Charles Holdings. They will vote to do so, tonight.

Are you even surprised anymore? Yeah, me neither.

Keep in mind that the initial cost for this deck was 7 Million Dollars. It’s now pushing 18 Million. 2.9 Million is being transferred out of the general fund to cover the overage. This means that other city services will have to be cut if we don’t raise taxes.

Segra Stadium Standards

Perhaps we could have used some of that $186,095 to offset the cost of our new baseball stadium which is also over-budget? But that’s too easy and too obvious.

Today, the Observer published an article stating that our new stadium already has cracks and water leaks. Fayetteville has hired an engineer to analyze and document the defects. This is a good thing. It’s smart government. Why? Fayetteville is battling with the contractor, Barton Malow, over the total cost of the project. Fayetteville can now use these structural defects as leverage to negotiate the final cost of the project and save the taxpayers money.

This is responsible city management. This is how it’s supposed to work.

So why the double-standard?

Despite the fact that our leaders sold the parking deck and the stadium as a package deal, they now refuse to treat these projects the same way even though it is in the city’s interest to do so. It’s baffling, really.

I don’t know who invested in Prince Charles Holdings. It’s not public record by the way, and the city won’t tell us. I do know that they are very powerful behind the curtain.

Image result for wizard of oz curtain gif

Do you know of any other entity that is treated this way by the City of Fayetteville? City management goes out of its way to enrich these people. Our elected leaders gladly vote “yes” to repeated cost increases and waive penalties for missing construction deadlines.

Several months ago, Mayor Colvin had an apt analogy when Prince Charles Holdings asked for more money for the deck:

I actually agree with him. Any bank would keep the interest that it makes on its own money for itself.

We’ll just give it away.

Mayor Colvin’s Olde-Fashioned Politics

The Fayetteville City Council has invested millions of your tax dollars in order to encourage and stimulate economic growth downtown. Mayor Mitch Colvin recently made the personal decision to capitalize on that growth and purchased a commercial building downtown. But, Colvin’s building lies in an area the Fayetteville City Council designated as a “Historic District,” and our good Mayor was recently introduced to the red-tape of Fayetteville’s “Historic” bureaucracy that has long been the hindrance of many a good Cross Creek businessman.

You see, a few decades ago, the City of Fayetteville made a policy decision to preserve the “historical integrity” of several areas, including downtown.

“Design Guidelines” keep each structure looking the way it did when it was first built. You could say we want these areas to look “olde” and true to their original architectural style, including my personal favorite, “Richardsonian Romanesque.”

These guidelines are still in place, and if you want to upgrade a building in the historic district, you have to follow certain rules.

First and foremost, you have to submit an application for a “Certificate of Appropriateness” from the Historic Resources Commission before you do any work to your building. It’s a very simple form. I found it online in a few minutes:

Mayor Colvin submitted multiple COA applications, but his contractor made changes to the structure that were not included on the applications and were not pre-approved by the Historic Resources Commission, setting up a great deal of drama.

Battle with Commissioner

Bruce Arnold is a member of the commission. Arnold, along with his wife, own multiple downtown businesses. Arnold attempted to bring attention to the unapproved changes to Colvin’s building a few months ago. This caused a bit of a media stir, with Arnold even claiming that Colvin threatened to sue him over his allegations.

The exterior work on Colvin’s building is now completed. Of much concern to members of the Historic Resources Commission, Arnold in particular, were the paint on the building and the installation of glass and aluminum doors.

“Historic” Aluminum and Glass Doors

Colvin asked the Historic Resources Commission for permission to “amend” his prior applications to include all of the changes that were made the building. He argued that old photographs show the doors were once aluminum and the building was once painted, so Colvin gets to do the same in 2020.

Despite his photographic evidence, Colvin was apparently worried about the vote. He had his attorney, Jose Coker, of the Charleston Law Firm, try to keep Bruce Arnold and the commission’s chairwoman, Liz Varnedoe, from voting because of “prior statements” each had made about the changes. In short, Colvin claimed they were “biased” against him and couldn’t be impartial.

They voted anyways. Colvin won, 6-1. Arnold was the only dissenting vote.

Colvin Can’t Take a Win

Apparently, winning 6-1 wasn’t good enough for Colvin. So the very next day, he decided to trash Arnold on Facebook:

As of today’s date, Colvin’s post drew over 271 comments. Most of them are in support of Colvin, and many imply that Colvin is being singled out because he’s black. It’s not hard to see why. Colvin capitalized two words in his post: “RUDE” and “WHITE.” He also included the hash-tag “doublestandards.”

One Man’s Opinion

Colvin admittedly made changes to a historic building without prior approval. He then asked for special treatment from the commission. He got it. He won 6-1. But it wasn’t perfect enough for him, so he’s got to trash the dissenting voter, call out his businesses, and imply that race is involved.

And we wonder why Fayetteville is so divided?

Colvin’s complaints are old and tired and do nothing to bring us together as a town. I realize we are in the time of the “untouchable” executive, but a Mayor, like a President, should follow the same rules as everyone else and shouldn’t attack those who seek to hold him accountable to those rules.

If you don’t like the rules, you have more power than anyone to change them. Give that a try instead of attacking your constituents on social media.

Thanks for reading.

“Top 9” for 2019

At the end of 2018, I wrote a “Top 8 for 2018” post that included links to the 8 most-viewed blog posts on this site for the calendar year.

I’m a fan of tradition, so here’s your top 9 posts for the year 2019:

9. Cumberland County Commission Districts are Unconstitutional: This post examines the racially gerrymandered nature of Cumberland County’s Commission Districts and discusses recent court opinions that call into question their constitutionality.

In short: The districts are drawn on racial lines without a compelling government justification. They need to be redrawn.

8. Historic Pandering in NC-09 Congressional Race: This post discussed the political history of the Lumbee Tribe and recent Republican gains in Robeson County. It will be interesting to see whether Robeson County supports Trump in the 2020 election.

7. The Case for At-Large Seats – Fayetteville City Council: I wrote this one after abysmal turnout in last year’s municipal elections. Fayetteville’s City Council Districts chop the City into 9 in-congruent parts. At-large seats would give Fayetteville voters the ability to choose more than one member of their city council and would create council members accountable to the entire city, not “their” particular districts:

“Council members have an incentive to look after “theirs” without regard to the needs of those in other districts or the city as a whole. As it stands today, the Mayor is currently the only decision-maker on Hay Street that is accountable to all of us. “

6. The Giving Trees of Fayetteville: This post analyzed the controversy over the City Council lowering fines for cutting down large trees in town. I pointed out a mistake in the Fayetteville Observer’s coverage of the issue and took the position that the fines were excessive, angering some of my readership.

5. When the Law Says it All: This post examines the legality of Fayetteville’s Downtown Development Project (a parking deck) under the North Carolina Statutes governing these projects.

Facility for a public purpose??? You be the judge…if the deck ever opens.

4. Dirty Bucks and Studies (Downtown Fayetteville): In this post I compared the parking infrastructure problems in downtown Fayetteville to the shoes I used to wear to church as a young man.

Image result for dirty bucks

You also have the double entendre of “dirty” money in politics. I had fun writing it.

3. Prince Charles Holdings Under Scrutiny: This one discussed the News and Observer’s investigation into Fayetteville’s downtown development partners:

Readers of this site know I’ve been critical of the parking deck deal with Prince Charles Holdings for well over a year. I don’t believe it is a good allocation of tax payer resources, and it arguably violates the public purpose requirement of the North Carolina Constitution. In short, it’s an economic windfall for Prince Charles Holdings. But should we be surprised??? These guys literally wrote the book on how to do these deals. Of course they’re going to come out on top.

Today, the massive crane kept lifting steel in the air as construction continued downtown. The stadium should be done in a few months with the parking deck to follow. We seem to be stuck in this deal, despite the cost overruns. It’s going to happen.

In the last analysis, it’s a sad day for the City of Fayetteville when our downtown “business partners” are being exposed in “sunshine week” at the News and Observer.

Play Ball!!!

2. “Write-In” Campaign Gains Traction in City Council Race: This one was a case-study in Fayetteville politics: we often chirp an awful lot about things that don’t really matter. In this case, Mayor Colvin and Val Applewhite helped start the commotion around Dominique Ashley’s write-in campaign for city council. I fell into the trap, as did many others. On election day, Ashley was trounced by the incumbent, Tisha Waddell.

1. Full Court Press Downtown: This post is the culmination of all the problems I’ve had discovering the details of Fayetteville’s downtown development project. The plans for the deal have evolved into some kind of ephemeral legal smoke, and you can’t get a straight answer from anyone that should know what is going on. It’s frustrating, to say the least.

I can honestly tell you (and I hope I’ve gained your trust after these few years) that our City leaders have no idea what’s going on with this deal. Someone else is driving the ship.

In the end, it’s an irresponsible way to play with the full faith and credit of the City of Fayetteville.


I’ll try to keep shining a light in 2020. Maybe we’ll get somewhere.

Thanks for reading.

Cumberland Left Flank May Flip 8th District in 2020

Cumberland County has long since been carved into congressional districts that run a three-mile drive west. When your geographic voting block is on the flank of a district and cut in half, you lose political power, and hence, importance.

Congressional candidates (all seemingly from the western half of the District) will stop by from time to time if a new road or factory opens or they need money a few weeks before an election, but that’s about it.

This hasn’t been good for those of us that live here. We can’t elect one of our own and we get little attention.

But all that may change next year…

Washington Insider

Republican Incumbent, Richard Hudson, was groomed by the G.O.P. to be the 8th District’s Congressman. Robin Hayes held the seat from 1999 to 2009, and Hudson was Hayes’ District Manager for over half of that time. Hudson learned the ins and outs of the District along the way, and he’s never faced a serious challenge since first winning the seat in 2012.

Hudson’s “mentor” has since been indicted for corruption and bribery charges.

Image result for robin hayes indicted mugshot"

As far as I can tell, Hudson’s never had a job outside of Republican politics. He is, however, very effective at touring all of the places where real people work.

Image result for richard hudson factory"

Hudson even married inside the beltway. Hudson’s wife is the Chief of Staff for Kellyanne Conway.

Image result for kellyanne conway donald trump snl"

Which leads me to Donald J. Trump….which leads to me to 2020, where we find that the 8th District is not quite as safe as it once was for Mr. Hudson.

The District went from “red” to “pink,” as one might say on a farm somewhere in Montgomery County.

Hudson still had a reason to smile after the changes. Pink is better than blue or purple for a guy like him. But after a particular announcement last week, Hudson knows he’s got some serious work to do to hold onto to his seat.

Cumberland Challenger

Former N.C. Supreme Court Justice Patricia Timmons-Goodson thinks she can win a pink district and has decided to challenge Hudson in 2020.

Image result for patricia timmons-goodson"

I think she may be right, and it will all start with her hometown.

2020 will be a referendum on Donald Trump. Democrats are sick and tired and will vote like it.

You’ll also have a highly contentious race for Governor up for grabs.

Image result for dan forrest roy cooper"

Roy Cooper will be fighting for his political life. Dan Forrest is a smart, eloquent politician and is going to come after Cooper with a boat-load of money behind him. As a result of these high-profile races, there will be massive turnout.

Cumberland County will show up to the polls in 2020. Just trust me on that.

If Timmons-Goodson does what she should do in her home county and steals enough women voters from Hudson throughout the District, she can flip this seat.

More to come on this one in 2020.

1.4 Million More Tax Dollars (Downtown Parking Deck)(UPDATED 11/25/19)

While the Mayor and the Fayetteville City Council are “up in arms” about contributing 7.5 Million in city money to the planned Civil War Museum, these same politicians are poised to give another 1.4 Million tax dollars to Prince Charles Holdings for a parking deck that the citizens of Fayetteville won’t get to use.

If you have missed this blog for the past few years, here’s a refresher:

P.C.H. is building a parking deck right now. They are behind schedule. We (the city) are buying the deck from P.C.H. “at cost” once it’s finally finished. After we buy the deck from P.C.H., we are obligated to lease most of the spaces in the deck to P.C.H. for 15 year terms for a really cheap price. It seems strange, right? Why would we buy the deck from P.C.H. just to lease it back to P.C.H.??? Well, it’s called an “economic development incentive.” Instead of giving P.C.H. cash (which is unconstitutional), we are being creative and “economically encouraging” P.C.H. to invest downtown by allowing them to make money off of a parking deck exchange. Presumably, this passes constitutional and legal muster, although many, including yours truly, disagree.

Now, the cost of the deck has risen, again. P.C.H. is falling on hard times, again. Taxpayers need to bail them out, again.

The City Council will vote to give P.C.H. the money at the upcoming meeting on November 25. Perfect timing, now that the election is over.

The cost of the Prince Charles parking deck has now more than doubled the entire cost of the City’s expected contribution to the Civil War Museum. At least the public will get to go use the museum, and with the rate of construction on Hay Street, the museum will probably be completed long before we ever see a Hyatt Hotel in downtown Fayetteville.

By the way, we’re not even borrowing this money in the form of bonds. (That was the original plan). This “extra” money that we have gladly used to line P.C.H.’s pockets is being taken from the general fund, away from important “city” obligations (loose leaf pickup, police, fire, parks, speed bumps, etc.).


Breakdown

This thing is beyond ridiculous.

It’s honestly starting to feel like we’re being scammed, and the frustrating part is that our City government is complicit. Simply wait until after the municipal elections, then throw another 1.4 Million Dollars at our new “business partners,” even though we have a completely enforceable contract price of $14,845,000 $16,345,000 already.

Here’s exactly what will happen at the upcoming meeting: all of the council members and the Mayor will express “grave concerns” about giving P.C.H. the additional funds. They will post-pone the vote a few weeks seeking “assurances” that Fayetteville will “recoup its investment” over time.

A few weeks later, they will vote to give them the money.

It’s happened before.


When they ask for more money in a few months, I’ll change some numbers around and re-post this article.


UPDATE – NOVEMBER 25

Tonight, the City Council and the Mayor unanimously voted to give our development partners the money. They claim it is for “SOFT COSTS” that the City is obligated to pay under its contract with the developers.

The developers have already breached the contract in two ways:

  1. The original price went up 1.5 million several months ago; and
  2. The deck was supposed to be completed October 1. It isn’t finished.

City Leadership hasn’t seemed to mind either breach.

But I hope you will sleep at night knowing that you, as a taxpayer, honored your end of this deal.

Maybe you’ll get to park in the deck one day.