City Council regular meeting — May 12, 2020

Background:

• North Carolina General Statute §159-34 requires that local governments have its accounts audited each fiscal year and submit a copy of the audit report and financial statements to the Local Government Commission. Staff recommends retaining the services of RSM US LLP to conduct an audit of the City's accounts for the fiscal year ending June 30, 2020.
• The estimated fee for fiscal year 2019-2020 audit is $98,200.
• Execution of this contract complies with the Audit Policy portion of City Council’s Financial Policies which states that the City “shall enter into multi-year agreements of not more than five years in duration through a series of single-year contracts as consistent with applicable legal requirements.”
• This will be the third consecutive year of contracting RSM US LLP to perform the City’s audit.

Vendor Outreach Efforts:

• No competitive bid process was conducted this year.

Council Goal:

Financially Resilient City Committee:

• No prior Committee approval. Final audit results are presented annually to the Finance and Audit Committees.

Pro:

• Contracting with RSM US LLP aligns with City Council’s financial policy and will help ensure the timely and successful completion of the annual audit.

Con:

None Fiscal Impact:

• Fees of $98,200 for the annual audit are budgeted in the Internal Audit operating budget.

Background:

• Mills River Water Treatment Plant is over 20 years old. Assets and components required to produce high quality drinking water are reaching the end of their useful life.
• CDM Smith completed a Professional Engineer's Report in 2017 which is the basis of this second phase of the continued rehabilitation project.
• Phase 1 of the project is currently under construction. The water treatment plant rehabilitation is staged in 2 phases to allow for continued plant operation during rehabilitation.
• Phase 2 includes replacement of bulk chemical storage tanks, expansion of chemical storage and feed systems, additional raw and finished water storage, additional filter capacity, replacement of multiple motors and pumps, and filter control upgrades.

Vendor Outreach Efforts:

• Through a qualifications-based selection process beginning in August 2014, the City of Asheville selected nine consulting firms to provide on-call professional services for an array of different types of water system projects. CDM Smith was one of the selected firms due to their expertise in areas of water treatment plant construction and upgrades.
• The City of Asheville entered into a master agreement with CDM Smith on June 8, 2015 for on-call professional services valid for three years with the option to renew for two additional years. On April 19, 2018, the City of Asheville executed a renewal master agreement with CDM Smith for the additional two years of on-call professional services.
• If approved, the proposed engineering services described here within will be developed into a subcontract under the conditions of the master agreement.
• City of Asheville Water Resources Staff determined that utilizing the on-call professional services for General Projects was the best method to deliver this project and CDM Smith was the most qualified of the on-call firms. Based on the current master agreement, no additional vendor outreach was performed. Committee(s):
• None Pro(s):
• Continued functionality of assets necessary to produce high quality drinking water.
• Ability to continue compliance with Federal and State regulations. Con(s):
• Impacts could hamper the delivery of water into the water distribution system
• Impact the ability to meet future increased water demands
• Impact the ability to meet EPA and State regulations.

Fiscal Impact:

• The Water Resources Department currently has the funds needed for this construction agreement budgeted in the “Water Treatment Plant Project” in the Capital Improvement Program Fund.
• $1,349,500 with a contingency of $40,000 for a total project cost of $1,389,500

Background:

• At the December 9, 2019, meeting, City Council adopted the Fiscal Year 2020-2021 Budget Calendar, which included the following key dates:
• Formal presentation of the City Manager’s Proposed Budget on May 12, 2020;
• Budget Public Hearing on May 26, 2020; and
• Budget adoption on June 9, 2020.
• As a result of the COVID-19 crisis, staff is recommending the following changes to the remaining dates on the calendar:
• Budget Work Session on May 12, 2020
• Set Budget Public Hearing on May 12, 2020;
• Formal presentation of the City Manager’s Proposed Budget on May 26, 2020;
• Budget Public Hearing on June 9, 2020; and
• Budget adoption on June 23, 2020. Committee(s):
• None Pro(s):
• Provides additional time to make FY 2020-2021 budget decisions while remaining in compliance with The North Carolina Local Government Budget and Fiscal Control Act which requires submission of the City Manager’s Proposed Budget by July 1. Con(s):
• None.

Fiscal Impact:

• None.

Background:

• The NCDOT has identified a need to make improvements at the intersection of NC 191 (Brevard Road) and NC 112 (Sardis Road).
• The improvements include a right-turn lane with appropriate taper along the eastbound approach of the intersection in order to enhance the efficiency and safety of the intersection.
• The NCDOT will fund, design, and construct the project at a total estimated cost of $740,000.
• The NCDOT plans to use High Impact / Low Cost Funds for the project.
• The High Impact / Low Cost program was established in 2017 to provide funds to complete low cost projects with high impacts to the transportation system including intersection improvements, minor widening, and operational improvements.
• The funds are allocated equally to the 14 Divisions throughout the state.
• The projects are expected to be under contract within 12 months of funding approval by the NCDOT Board of Transportation.
• Projects that have a total cost greater than $250,000 require a resolution of support from the appropriate city, town, or county. Committee(s):
• None Pro(s):
• Enables a low cost project with high impacts to the transportation system to be constructed.
• Enhances the efficiency and safety of the intersection.
• The NCDOT is funding, designing, and constructing the project. Con(s):

None Fiscal Impact:

• There is no fiscal impact to the City of Asheville.

Background:

• The City of Asheville is a Participating Jurisdiction (PJ) in the U.S. Department of Housing and Urban Development (HUD) ‘s HOME program and an entitlement community for the CDBG program. As a recipient of federal funding, the City is required to have a Citizen Participation Plan.
• In addition to existing citizen participation plan requirements, under 24 CFR 91.105(a)(2)(i) through (iii) for local governments, the Citizen Participation Plan must also encourage citizens to participate in the development of the Analysis of Impediments (AI) / Assessment of Fair Housing (AFH) and any revisions in the same manner one would encourage citizen participation in the consolidated plan, any substantial amendments to the plan and the performance report.
• The City of Asheville is required by HUD to include contingency planning for encouraging public participation for HUD funded programs in light of emergency situations such as COVID-19.

Proposal:

• This revised Citizen Participation Plan meets the requirements for citizen participation in the development of and access to the City’s AI/AFH, 5 Year Consolidated Plan, Annual Action Plans, and any substantial amendments thereto, and the City’s performance report also known as the CAPER, Consolidate Annual Performance & Evaluation Report.
• The revised proposal also includes new language around contingency planning for public participation around HUD funds in a public health emergency. Committee(s):
• None Pro(s):
• Accepting the updated Citizen Participation Plan is a HUD requirement and keeps the City of Asheville in compliance as the PJ & Entitlement Community.
• This Plan sets guidelines for encouraging participation in HUD funding & reporting, including plans for communication via the internet and social media and extended outreach to communities potentially affected by HUD funding and those often marginalized in the participation process.
• Community Development received input from various City of Asheville Departments, including the Communication & Public Engagement and Equity & Inclusion. Con(s):
• The consequence of not adopting the revised Citizen Participation Plan would be to prevent the City from meeting its requirement to HUD.

Fiscal Impact:

• None

Background:

• The City of Asheville entered into a contract with Restocon Corporation in October 2018 for various repairs to the Harrah’s Cherokee Center
• Asheville parking garage.
• The repairs included a significant rehabilitation of the center stairwell within the garage.
• The scope of work was developed from a comprehensive garage condition assessment that was completed during October 2016.
• During February 2020, a detailed structural analysis of the center stairwell indicated a significant deterioration in the overall condition of the center stairwell and it was recommended to totally replace it.
• During March 2020, Restocon Corporation estimated that in order to replace the center stairwell, an additional $99,422 would be required.
• Contingency funds in the amount of $20,763 are included to ensure satisfactory completion of work by late summer 2020.

Vendor Outreach Efforts:

• N/A
• This is a current contract. Committee(s):
• None. Pro(s):
• Enables the City to continue to provide safe and functional access within the parking garage.
• Part of an overall plan to extend the service life of the parking garage. Con(s):
• The center stairwell is closed until the replacement work is completed.

Fiscal Impact:

• The appropriate funds are included in the current Parking Services Fund capital projects budget.

2 Restaurant Court development until May 26, 2020. This motion was seconded by Councilwoman Mayfield and carried unanimously by roll call vote. B. PUBLIC HEARING TO CONSIDER A LAND USE INCENTIVE GRANT FOR TRIBUTE DEVELOPMENT COLLIER AVENUE APARTMENTS

at 137 Broad Street from Community Business I to Community Business I/Conditional Zone to include an adjacent parcel for the construction of a new mixed-use building until May 26, 2020. This motion was seconded by Councilwoman Mayfield and carried unanimously by roll call vote.

Background:

• The approved Phase 1 budget for this project was $88,561.50 including contingency. Phase 1 realized a savings of $23,868.44 under the budgeted amount. The Phase 1 budget with savings, along with the Phase 2 budget amount of $81,880 results in a total budget of $146,573.06 for this project.
• The City of Asheville has maintenance responsibility on an existing Stormwater Easement through the Pebble Creek Community. There are existing gabion basket retaining walls that are failing along the stream banks located inside the easement. This project includes the design of a new conveyance system and retaining walls along the stream banks in the easement that will safely convey the stormwater through the tight corridor between the buildings.
• The RFQ for this project was advertised on January 10, 2019, with Statements of Qualifications received on January 24, 2019.
• Four (4) consulting firms submitted Statement of Qualifications. Qualifications were reviewed and on May 15, 2019, the John R. McAdams Company Inc. was selected as the best qualified firm.
• The Contract between the City of Asheville and The John R. McAdams Company Inc. was entered into on June 10, 2019.
• Without knowing the extent of failure, capacity of the existing channel, or influence on the surrounding utilities, Phase 1 was to conduct due diligence, preliminary engineering design, and community input so that a determination could be made on how best to move forward with Phase 2 to complete the design and take the project through construction. The first phase was under the threshold for the City Manager’s signature authority.
• Professional Services, including Final Design, Permitting and Construction Administration for the contract would proceed immediately after approval of the Contract Amendment. The schedule for Construction Administration would be through April 2021, dependent on any issues that might arise during Permitting.

Vendor Outreach Efforts:

• Staff performed outreach to minority and women-owned businesses through solicitation processes which included posting on the State’s Interactive Purchasing System, City of Asheville website, City of Asheville Twitter Account, and requiring engineering firms to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services.
• Past engineering firms who have shown interest in bidding on City of Asheville projects were informed about the project’s advertisement. During preparation for advertising this RFQ, the contract was shared with the Business Inclusion staff in the Community & Economic Development Department.
• Out of the four (4) qualifications received, no consultant firm was Minority Business or Women Owned Business certified. Two of the firms submitting qualifications proposed utilizing WBE subcontractors for portions of the project. The John R. McAdams Company was chosen for the design because of their qualifications specific to the needs of this project. Committee(s):
• None Pro(s):
• The contract amendment will allow The John R. McAdams Company to continue with the design and construction phase of this stream stabilization project.
• The stream stabilization project will protect the existing residential structures that are in very close proximity to the existing Stormwater Easement and stream.
• The capacity of the existing corridor will be increased to allow passage of larger storm events safely through the system. Con(s):
• Construction may be somewhat disruptive to nearby residences. Efforts will be made to notify the public and minimize disruptions.

Fiscal Impact:

• Funding for this contract is budgeted in the Stormwater Utility Fund Capital Improvement Program.

Background:

• Fees and charges assessed by the City are reviewed annually and adopted by City Council as outlined in the FY 2019-20 Fees and Charges Manual.
• The City also has rental and loan payment schedules with other parties.
• Many Asheville businesses are either closed or operating in a limited capacity due to the COVID-19 pandemic, creating substantial economic challenges for owners, employees, and customers.
• Some businesses have requested temporary relief from City fees and charges and loan payments in an effort to help reduce their expenses.
• In support of these requests, several fees and charges and other payments have already been temporarily suspended or deferred or are under review for such action.

Council Goals:

• Transportation and Accessibility
• A Thriving Local Economy
• A

Financially Resilient City Committee:

• None.

Pros:

• Facilitates business operations that are able to continue during the COVID-19 pandemic.
• Reduces operating costs for businesses during the COVID-19 pandemic.
• Reduces transportation costs for the community during the COVID-19 pandemic, helping to maintain access to essential services, businesses, and employment.
• City Manager authority to temporarily suspend fees and charges and other payments provides heightened responsiveness to community needs during the COVID-19 pandemic.

Con:

• Loss or deferment of revenue to the City.

Fiscal Impact:

• Currently suspended fees result in monthly lost revenue of approximately $677,000.
• Loan payments deferred have no impact on operations and no long-term financial impact as the amounts will be repaid as part of the final payment on notes outstanding.
• Federal grant funds are expected to offset the loss of Transit Farebox revenue.

Assistant City Attorney Aarin Miles said that this is the consideration of adoption of an ordinance to amend Sec. 11-7 of the Code of Ordinances of the City of Asheville. Background:

• On January 28, 2020, Christopher Arbor, a teacher at Asheville School, spoke at the Public Safety Committee, during public comment requesting that the City amend its firearm ordinance to allow bowhunting of deer in order to control the deer population, with concerns of lyme disease and deer interfering with the school’s forestry efforts.
• Mr. Arbor was accompanied by Joe Lasher of Backyard Bow Pro, who would be the third party that Asheville School would contract with to hunt the deer on the School’s property, if permitted. Mr. Lasher indicated that meat from the harvested deer would be donated to food banks.
• Another person, who was the President of the Hillside Terrace Neighborhood Association, spoke to the Committee in support of the amendment indicating that this initiative would help with neighborhood beautification.
• On February 25, 2020, Legal presented research to the Public Safety Committee.
• Christopher Arbor, Steven Beltrem, Joe Lasher, and the President of the HIllside Terrace Neighborhood Association were present and provided public comment in response to staff presentation.
• Legal staff was directed by the Public Safety Committee to draft a proposed amendment to Sec. 11-7: Discharge of Firearms and Weapons, of the Code of Ordinances of the City of Asheville.
• This amendment would allow archery hunting of deer within the City limits under very limited circumstances to include: property size restrictions, height from which hunting must occur, occurring only during the Western Deer season or with a depredation permitted issued by the North Carolina Wildlife Resource Commission, the hunter possess a valid NC hunting license, and hunter receives a permit to proceed from APD prior to commencing archery hunting on the property.

Vendor Outreach Efforts:

• None Committee(s):
• Public Safety Committee
• February 25, 2020
• Voted unanimous for Legal to draft ordinance amendment. Pro(s):
• If this is an effective means of controlling deer, it would assist in agricultural production within the City which aligns with the Food Policy, as well as creating a better balance of deer population and their food supply. Con(s):
• Discharge of any type of weapon within the City may be viewed as a risk and a public safety concern. Additionally, if exceptions are made, enforcement of the ordinance as it relates to discharge of other types of weapons or for control of other nuisance animals, may become more difficult

Fiscal Impact:

• None Ms. Miles responded to various questions from Councilwoman Mayfield, noting that donating the harvested deer to a food back is not a requirement of the ordinance. The ordinance does require a depredation permit issued by the North Carolina Wildlife Resource Commission. The hunter must possess a valid North Carolina hunting license, must have written permission from the property owner, and must receive a permit to proceed from the Asheville Police Department prior to commencing archery hunting on the property. Mayor Manheimer announced that no public comment was received on this item. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.