City Council regular meeting — June 9, 2020

Mayor Manheimer said that this public hearing was held on May 26, 2020, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. Hearing no more public comment, Mayor Manheimer closed the public hearing at 7:13 p.m. and said that members of Council have previously received a copy of the resolution and it would not be read.

Background:

• The City of Asheville joined the Community Rating System (CRS) program, a program through the Federal Emergency Management Agency (FEMA), and administered by the Insurance Services Office (ISO) in 2014. As required by the CRS program, a Repetitive Loss Area Analysis (RLAA) was prepared in 2014 by Brown and Caldwell to supplement the Buncombe-Madison Regional All Hazards Mitigation Plan.
• CRS provides lower insurance premiums under the National Flood Insurance Program. The premium reduction is in the form of a CRS Class. The classes are obtained by actions that are above and beyond the requirements of the National Flood Insurance Program administered by FEMA.
• Currently, property owners in Asheville receive a 10 percent reduction in their flood insurance premiums through participation in the CRS program.
• In order to maintain the current status in the CRS program, staff is required to provide to council the annual report of the Flood Mitigation Actions Items that were part of the RLAA report from Brown and Caldwell adopted by Council on December 10, 2013.
• Highlighted in the report, staff from multiple departments continue to work together, looking for ways to reduce flooding and damage from floods.
• We do this through community outreach from the City website, social media, flyers, and events, working with the Army Corps of Engineers and other partners on flood mitigation opportunities, and working with developers and property owners on ways to protect their properties from flooding.

Vendor Outreach Efforts:

• Not Applicable. Committee(s):
• None Pro(s):
• The property owners in Asheville will continue to receive a 10% reduction on their flood insurance.
• Provides a higher level of protection through the current flood ordinance, improving resilience.
• Promotes public education of the Special Flood Hazard Areas. Con(s):

None Fiscal Impact:

• There is no additional fiscal impact to continuing the efforts necessary for the CRS program, staff time is currently programmed into the annual operating budget.

ENVIRONMENTAL CONSULTATION & DESIGN iNC. FOR THE SWANNANOA RIVER GREENWAY

• PHASE II PROJECT orders to this contract not to exceed an additional 10% of the current contract amount or $45,481.12.

Background:

• The City of Asheville entered into a contract with Equinox in July 2018 for a feasibility analysis of potential greenway routes within the Swannanoa River area.
• The September 2019 feasibility analysis determined that coordination with the North Carolina Department of Transportation (NCDOT) on NCDOT’s work within the area would result in the best value for the City’s project.
• The scope of work for the contract amendment includes surveys, greenway design, geotechnical engineering, permitting, public engagement, and other tasks needed for greenway design.
• During March and April 2020, Equinox assembled a design team and estimated that the design and construction document creation would cost $454,811.20.
• The referenced segment of this greenway will connect new housing along Thompson St to recreation and shopping facilities.
• This segment is part of a much larger Wilma Dykeman Riverway Corridor system. In total the Wilma Dykeman Riverway will provide nearly 10 miles of greenway. Between this segment and the segment in the RiverArts District nearly 3.5 miles of this greenway will be built by 2021
• Additional phases are contingent upon future funding and coordination with the NCDOT.
• The design to construction contract process is estimated to have an 18-month duration. Assuming a July 1, 2020 design phase start date, the construction contract advertisement is projected to start in December 2021.

Vendor Outreach Efforts:

• Staff performed outreach through solicitation processes using the State’s Interactive Purchasing System and requesting prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. No MWBE service providers are being used in the delivery of this contract. Equinox was unable to find local MWBE businesses for the services needed on this project, but is committed to using MWBE participation as needed and available for other services going forward. Committee(s):
• None Pro(s):
• Greenway construction would enhance multi-modal transportation within the area and provide alternatives to commuters
• Contributes to increasing the City’s greenway inventory
• Works towards defining Asheville as a recreation destination Con(s)
• Eventual construction will be disruptive to the area.

Fiscal Impact:

• With this supplemental increase of $454,811.20, the total amount of the contract is increased to $612,449.30. Adding in a 10% contingency of $45,481.12 to the supplemental increase brings the total required budget to $657,930.42. This contract is funded through the General Obligation Bond Program as part of the Transportation and Infrastructure Program.

Background:

• On July 19, 2019, the Federal Transit Administration (FTA) Final Rule for the Public Transportation Agency Safety Plan (PTASP) became effective, which requires public transportation operators to develop processes and procedures to implement the safety plans.
• The PTASP ensures that the City of Asheville develops performance targets as part of its Plan as required by the FTA in the National Public Transportation Safety Plan (NSP).
• The PTASP ensures the City of Asheville develops criteria as part of its plan to address applicable federal requirements and standards set forth by the FTA, and to include a timeline for conducting an annual review to update the City’s PTASP. Committee(s):
• None Pro(s):
• The PTASP will be managed by staff in the Transit Planning Division in the Transportation Department and coordinated with the City’s Transit Management Company, RATPDev Inc.
• The PTASP requires working with the French Broad River Metropolitan Planning Organization. Con(s):

None Fiscal Impact:

• N/A

Committee(s):

• None Pro(s):
• The State of North Carolina provides the hazardous materials response truck, all response equipment and provides for administrative costs of operating the team. In addition, the state funds extensive training for members of the Asheville Fire Department to enable us to competently handle hazardous materials emergencies.
• The City of Asheville has full use of the truck and all specialty equipment within the City of Asheville. Without the state hazardous materials contract, Asheville taxpayers would need to provide much of the resources necessary to properly respond to Hazardous Materials emergencies within Asheville.
• With the contract, we have the advantage of the equipment and resources being funded at the state level, rather than at the local level.
• During the twenty nine years that we have provided regional hazardous materials response services, we have not experienced difficulties or disadvantages with the program. This program is also consistent with the City’s Strategic Operating Plan.
• Firefighter and citizen safety will be enhanced. Con(s):
• None identified

Fiscal Impact:

• There are no fiscal impacts that have been identified

Background:

• The current Fiscal Year (FY) 2019 agreement with Advent Health allocates $89,125 and allows firefighters to receive required annual physical examinations in accordance with standards set forth by the National Fire Protection Association.
• The original term of the FY2019 contract was July 1, 2018 to June 30, 2019.
• The Asheville Fire Department (AFD) and Advent agreed to amend the original agreement to extend the term of the contract to December 31, 2019, but no funds were added to the contract.
• Due to the way in which Advent processes patients, bills those patients, and invoices those patients, there were some discrepancies with invoicing and billing for firefighter physicals.
• During the six month extension period, AFD and Advent were working out the correct number of employees and the services they received during this time to ensure the correct amount of funds were available and added to the agreement at the expiration of the extension.
• Furthermore, the original term of the agreement date ending alongside the end of the fiscal year caused logistical difficulties in contract renewal and service conducted--waiting for the new fiscal year’s funding to renew the agreement and/or enter a new agreement with Advent Health meant ceasing firefighter physicals for the duration it took to get the amendment executed.
• The Asheville Fire Department and Advent Health did not want to have this break in service because of the extremely difficult nature of conducting 275 physicals in a 52 week period (and alternatively 413 physicals in a 76 week period).
• All firefighter physicals conducted between July 1, 2018 and December 31, 2019 were assigned to the FY19 contract and Advent has correctly and appropriately invoiced the City for the remaining physicals conducted from July 1, 2019 to December 31, 2019.
• The agreement needs to include an additional six months of firefighter physicals at the cost of $40,175. This brings the total cost of the contract to $117,300, which pushes the contract above the $90,000 threshold.
• The Asheville Fire Department and Advent Health have entered into a new agreement for FY20 with a changed scope of service for firefighter physicals. The new agreement term is for January 1, 2020 to December 31, 2020 in the amount of $77,125.
• This new agreement term no longer aligns with the end of the fiscal year and remediates the logistical difficulties the Department was having with agreement execution versus physicals conducted.

Vendor Outreach Efforts:

• Prior to entering the original contract with Advent Health, similar organizations were solicited to provide estimates of their services. SiteMed, which held the contract previously, did not provide the organizational efficiency needed to examine 275 firefighters throughout the course of the year. The costs of Mission Hospital’s services were prohibitive. Thus, the services and costs of Advent Health best fit the mission of Asheville Fire Department’s desire to provide its firefighters with the best care to meet and exceed health standards while controlling costs. A review of the costs, operational efficiencies, and satisfaction of the firefighters with the services, factored into making the determination to renew the agreement with Advent Health.
• No MWBE firms were identified for this contract. Committee(s):
• None Pro(s):
• Meets best practices for the industry by complying with consensus standards of NFPA 1582 that will reduce risks and provide for the health, safety, and effectiveness of firefighters
• Allows for the continued medical monitoring and testing of firefighters to ensure they are fit for the challenges of emergency response Con(s):

None Fiscal Impact:

• Funding for the physicals is included in the adopted FY 2019 – 2020 budget, thus there are no additional impacts.

Background:

• This amendment authorizes capital project funds required to close out the HVAC modernization phase of the project.
• This three phase project installed 1) flexible theater seating in the arena, a sound and lighting package; 2) converted a storage room into a press/meeting room with additional supporting projects including the expansion of storage for the displaced room; and 3) modernized much of the building’s 1970’s era HVAC system.
• The project was included in the City’s 2016-17 fiscal year capital improvements budget. The project is partially funded by a $1,500,000 grant from the 2016 Tourism Product Development Fund.
• On August 28, 2018, City Council authorized a contract amendment to begin the Phase 2 facility renovation (press/meeting room renovation and storage expansion). This phase was completed in November 2018 ahead of the HVAC Modernization to meet a HCCA scheduling commitment.
• On March 26, 2019, City Council authorized a contract amendment to begin the HVAC Modernization phase. This phase replaced critical parts of the building’s 40+ year old HVAC system. Where equipment could not be replaced due to budget constraints, it was upgraded with zone controls, monitoring, and other smart technology systems.
• All new and upgraded equipment included in this project were integrated with the recently installed building automation system.
• The City used the Construction Manager at Risk (CMAR) delivery method to contract with J. Brady Contracting, Inc. to complete the facility renovations and HVAC modernization. This delivery method was chosen because it allows a lead contractor to coordinate the efforts of many different trades over a large area and a broad scope.
• The CMAR delivery method groups the work into smaller “bid packages”. The HVAC modernization project was grouped into six (6) separate bid packages and a total of 14 bids were received from first tier subcontractors across all bid packages.
• The project is complete and this contract amendment reconciles all changes through the end of the project. Additionally this amendment will secure an extended service agreement for the new equipment.

Vendor Outreach Efforts:

• Staff performed outreach to minority and women-owned business through solicitation processes which included posting on the State’s Interactive Purchasing System and required vendors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. MWBE firms were involved in the completion of this work through the prime contractor. Committee(s):
• None Pro(s):
• Improved the venue’s ability to host a wider range of events.
• Reduced energy consumption with new efficient equipment or with upgrades to existing equipment with intelligent controls.
• Capital investment provided reliable building infrastructure, reducing repair costs, and downtime associated with broken HVAC equipment. Con(s):
• Redirecting budget from other HCCA capital maintenance projects means that less funding is available in the short term for other deferred maintenance needs.

Fiscal Impact:

• The amount of this contract amendment exceeds the available budget in the (HCCA) Facility Renovation & HVAC Modernization project. Funds from the HCCA General Maintenance project will be used to fund this contract amendment.

Background:

• The City of Asheville entered into a contract with Walter P. Moore & Associates in June 2016 for a condition assessment and project management of 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 May 2020, Walter P. Moore and Associates estimated that in order to provide project management services for the replacement of the center stairwell, an additional $5,400 would be required.
• The current contract is $85,800 and this amendment will increase the contract by $6,480 (including contingency funds in the amount of $1,080) for a new total contract of $92,280. Contingency funds are included to ensure satisfactory completion of the 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 required funds are included in the current Parking Services Fund capital projects budget.

Background:

• On May 12, 2020, the City Council adopted a Resolution authorizing the City Manager to execute a purchase order of approximately $160,000 to work with Gillig to engineer, design, retrofit, and install safety protection barriers from AROW Global Corporation, the manufacturer of the safety protection barriers, in eighteen (18) existing 30-foot diesel and diesel electric hybrid buses.
• A sole source procurement through Gillig Aftermarket Parts is necessary to ensure that the safety barriers are designed and installed correctly to fit the various Gillig bus models that the City of Asheville owns. AROW Global corporation is Gillig’s approved provider of the safety protection barriers.
• CARES Act funds will be used to purchase and install safety protection barriers in the existing eighteen (18) Gillig buses.
• The use of sole-source procurement is permitted in this instance pursuant to N.C.G.S. 143-129(e)(g)(iii) as equipment compatibility is an overriding concern. Committee(s):
• None Pro(s):
• Provides protection for transit bus drivers
• Use CARES Act funding to purchase and install the safety protection barriers in the Gillig buses
• No local match is required Con(s):

None Fiscal Impact:

• As noted above, the CARES Act provides 100% of the funding with no local match required. The budget for this purchase was adopted at City Council’s May 12, 2020 meeting.

Background:

• The City was approached by a local architect concerning air rights over the sidewalk along Wall Street for a unit within a building located at 26 Battery Park.
• Initial concerns were raised by Streets and Downtown Planning regarding the well-being of street trees on Wall Street.
• The architect met with the City’s Arborist who requested that the balcony be shortened in length to reduce the impact on the trees. The owners agreed to a design revision and they agreed that their contractor would again meet with the Arborist to discuss protecting the trees during construction.
• It was determined that the balcony for the office space unit would be 21 feet long and 5 feet wide for a total request of 105 square feet of air rights that would be needed to accommodate the balcony.
• The construction of the balcony, along with the air rights easement, will not substantially impair or hinder the use of the right of way as a passage.
• The value of the air rights was determined by consulting two recent appraisals of land value in the surrounding area. The value was determined to be $753 and the owners have agreed to pay that amount.
• A public notice will be placed in the newspaper after the City Council has approved the air rights and a sale will not occur until 10 days after the notice has been published. Committee(s):
• None Pro(s):
• City is receiving compensation for the air rights being granted. Con(s):
• There will be temporary disruption during construction.

Fiscal Impact:

• City is receiving unbudgeted compensation for the air rights in the amount of $753.

Background:

• The City of Asheville owns real property located at 2 South Pack Square, the Asheville Art Museum (“AAM”), and at 18 Biltmore Avenue, The Wortham Performing Arts Center, (“Wortham”).
• AAM is required to construct, as part of its renovation project, a fire resistant Exit Passageway through the arcade from Biltmore Avenue leading to Wortham.
• The construction of the proposed Exit Passageway will promote the safe operation of the City’s facilities.
• AAM has requested that the City waive the construction permitting fees that it would normally be required to pay in order to construct the Exit Passageway.
• The basis for this fee waiver request is that the proposed project is intended to, in part, benefit a City-owned property.
• Completion of this Exit Passageway is required in order for AAM and Wortham to gain certificates of occupancy.

Council Goals:

• Transportation and Accessibility
• A Thriving Local Economy
• A

Financially Resilient City Committee:

• None.

Pros:

• Will facilitate the safe operation of a City-owned facility.

Con:

• Limited loss of revenue to the City.

Fiscal Impact:

• Waived fees are expected to total approximately $6,000.

Background:

• The agreement allows for up to 850 city employees to be tested for COVID-19 and its antibodies at $175 per employee and a total of $148,750.
• Ashewell Medical Group will provide FDA-approved antibody and PCR testing of COVID-19 for employees who have been working in the community since March 2020.

Vendor Outreach Efforts:

• Three local vendors provided quotes for testing
• Ashewell Medical Group is a woman-owned business. Committee(s):
• None Pro(s):
• Testing will provide information for employees, their families, and leadership about the impacts working in the pandemic has had so far.
• Testing will provide reassurance to employees and the community as workgroups are reassembled.
• Enhanced PPE and procedures developed based on outcomes
• Understanding what level of potential immunity we have in our employee community Con(s):

None Fiscal Impact:

• Funding for this agreement will come from the existing Fiscal Year 2019-20 Health Fund budget. There will be an opportunity for the City to be reimbursed for these expenses from FEMA.

Mayor Manheimer read the resolution as follows: “WHEREAS, Monuments to Confederate soldiers and military leaders, which were installed in Asheville and many other communities in the South in the late 19th and early 20th Centuries by white Southerners seeking to preserve the Confederacy, are widely perceived as offensive and painful public reminders of the legacy of slavery and present realities of systemic racism in our country; and WHEREAS, A memorial monument honoring the 60th Regiment of North Carolina Confederate soldiers currently stands in front of the Buncombe County Courthouse, sitting on county-owned land; and WHEREAS, A memorial monument known as the “Robert E. Lee Dixie Highway,Colonel John Connally Marker” is located in Pack Square Park, sitting on city-owned land; and WHEREAS, Both of these monuments were paid for and erected by a private organization known as the United Daughters of the Confederacy, and ownership of these monuments have never passed to either the City or the County; and WHEREAS, A memorial monument known as the “The Vance Monument” is also located in Pack Square Park, the former site of the county courthouse which is the likely location where slaves were sold and traded locally; and WHEREAS, African-American residents of the City of Asheville and Buncombe County have issued a clear call to remove and/or repurpose these monuments as expeditiously as possible due to the harm they pose, and to replace them with monuments that honor local African-American history and are created by African-American artists; and WHEREAS, The Confederacy was formed by its political leaders for the express purpose of perpetuating and expanding slavery of African Americans; and WHEREAS, the City of Asheville and Buncombe County recognize that the legacy of slavery, institutional segregation and ongoing systemic racism directly harm public safety and public health; and WHEREAS, pursuant to N.C. Gen. Stat. § 100-2.1(c), the City and County are authorized to remove the two Confederate monuments from public property; and WHEREAS, The City of Asheville and Buncombe County are committed to promoting racial equity and justice, and desire to express this commitment through a joint resolution of their respective governing boards; and WHEREAS, The City of Asheville and Buncombe County desire to remove Confederate monuments from the public spaces within the City of Asheville; and WHEREAS, the City of Asheville and Buncombe County desire specifically to remove the monument to Confederate soldiers from the grounds near the County Courthouse and the Robert E. Lee monument from Pack Square Park; and WHEREAS, The City of Asheville and Buncombe County desire to explore options for removing, relocating, or making alterations to the Vance Monument; and WHEREAS, It is the intent of the governing boards of the City of Asheville and Buncombe County that these monuments be replaced or altered in such as manner as to honor the local history of African Americans; and WHEREAS, The City of Asheville and Buncombe County want to seek citizen input

• and particularly to hear from those most impacted by the monuments
• regarding the future of the Vance Monument by the establishment of a jointly appointed task force which will explore options including removal, relocation, and alteration of the monument; and WHEREAS, the City of Asheville and Buncombe County approve this resolution jointly at separate meetings of their governing boards; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASHEVILLE AND THE BUNCOMBE COUNTY COMMISSION THAT: Request is hereby made to the United Daughters of the Confederacy to immediately remove the two Confederate monuments located at the Buncombe County Courthouse and Pack Square Park. The City further requests that it receive from the United Daughters of the Confederacy its intent to remove the monument within 30 days, and that said removal is completed within 90 days. If the intent to remove is not received or the removal is not completed within the specified timeframes from the date of full adoption of this resolution, then the City of Asheville and Buncombe County shall take action to remove the monuments; and a jointly appointed task force shall be established by the Asheville City Council and the Buncombe County Commission, consisting of not more than 12 members whose appointments will be made in equal numbers by the two governing boards. This task force shall, within three months of all appointments being made, provide a report to the City Council and the County Commission with a recommendation regarding the removal and/or repurposing of the Vance Monument. Once the report is presented, the task force shall perform such other duties as requested by the governing bodies. When no further action is requested, the task force shall dissolve. Upon passage of this resolution and until such time as the monument is removed or repurposed, it shall be shrouded in order to reduce its impact on the community and to reduce the risk of harm it presents in its current state.” Eighteen callers supported taking the Vance Monument and other Confederate monuments down. Two callers were opposed to taking down the Vance Monument and other Confederate monuments. One caller favored repurposing of the Vance Monument and supported removing the other Confederate monuments. Councilman Young said that a few people mentioned context. From a personal standpoint, his family has a long history in the City of Asheville. He spoke with his grandfather (who was born approximately 50 years at the end of the Civil War) about his experiences in life and his experiences of his great grandfather who was born in 1888, in the middle of Jim Crow. Some people feel that removing a flag or monument, etc. is erasing history. In fact, for example, across this country, but mostly in the south, say confederate flag supporters had more than 350 rallies in the 6 months after the Charleston attack. In Charlottesville, Virginia, Council voted to remove statues of Robert E. Lee and Stonewall Jackson and that sparked several demonstrations, including deadly protests in August of 2017. The argument that the Confederate flags or monuments or other displays represent heritage not hate, ignores the near universal heritage of African Americans enslaved by millions in the south. It trivializes their pain, their history and their concern about racism, whether it’s the racism of the past or the racism of today. And it conceals the true history of the Confederate states of America and seven decades of Jim Crow segregation and oppression that followed the reconstruction era. And there is no doubt that if you ask any historian that Confederacy was established upon the premise of white supremacy and that the south fought the Civil War to preserve it’s slave labor. It’s founding documents and its leaders were very clear in what their intentions were
• our new government is founded upon the great truth that the Negro is not equal to the whtie man. Those statues and monuments were not erected during reconstruction or Jim Crow
• they were erected sometime far after that to remind Black people that we still have power and we still have control and this is your place in our society. I don’t want to be a part of that and if anyone else wants to be a part of that, you show your true colors. Councilwoman Smith said that this is not an insignificant action. We must start healing from racial trauma passed through our blood line. This is equally powerful as well as ceremonial. The white supremacy legacy has been there and it’s time for us to confront it. She was glad to be a part of this history, but hated the opportunity came at the death of George Floyd.

TO ADDRESS HARMS CAUSED BY THE COVID-19 PANDEMIC AND TO RATIFY ANY ADMINISTRATIVE DECISION ALREADY ENACTED TO DEFER LOAN PAYMENTS OR TO SUSPEND COLLECTION OF RENTS Background:

• On May 12, 2020, the City Council adopted an ordinance authorizing the City Manager to temporarily suspend fees and charges listed in the FY 2019-20 Fees and Charges Manual. At the time of adoption, the temporary suspension or deferral of rental or loan payments to the City on a case-by-case basis was also contemplated as discussed in the May Staff Report. However, that action was inadvertently left out of the adopted ordinance. Adoption of this resolution will correct that omission.
• The City has rental (including capital contributions to leased property) 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 loan payments, rent payments, and capital contributions in an effort to help reduce their expenses.
• Categories and Criteria for suspending or deferring rent payments or loan payments.
• This action is intended to aid businesses during the formal declaration of emergency. When that declaration expires, any further deferral or waiver would be considered case-by-case by the City Manager.

Council Goals:

• A Thriving Local Economy
• A

Financially Resilient City Committee:

• None

Pros:

• Facilitates business operations that are able to continue normally during the COVID-19 pandemic.
• Reduces operating costs for businesses during the COVID-19 pandemic.
• City Manager authority to temporarily suspend or defer rent or loan payments and capital contributions provides heightened responsiveness to community needs during the COVID-19 pandemic.

Con:

• Loss or deferment of revenue to the City.

Fiscal Impact:

• Loan payments deferred (discussed below) 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.
• Rent or capital contribution payments to the City temporarily waived or suspended could result in a loss of revenue to the City of approximately $4,000 to $8,500 for rental payments and up to $18,900 in capital contributions (assuming three to six months of waiver), depending on how many Lessee’s request relief and for how long. To date, the City has only received one request to waive rent and one request for waiver of capital contribution.

Mayor Manheimer said that this public hearing was held on May 26, 2020, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. After reviewing the written public comments made 24 hours after the public hearing, Mayor Manheimer closed the public hearing at 7:10 p.m. and said that members of Council have previously received a copy of the resolution and it would not be read. Councilwoman Mayfield said that neighbors had complained about trash issues. She said that the developer, Kirk Booth, has installed a trash dumpster so there will no longer be overflowing trash bins at the 444 Beaucatcher Road development.

ON JULY 14, 2020 Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.

Urban Planner Sasha Vrtunski said that this is the consideration of an amendment to a previously approved conditional zoning at 1500 Tunnel Road known as "Tru Hotel" to include a free-standing identification sign. This public hearing was advertised on May 29 and June 5, 2020. Project Location and Contacts:

• The project site consists of a 2.67 acres parcel located at 1500 Tunnel Road (PIN 9678.15-1933) that is owned by Commodore Holdings LLC.
• Petitioner and Contact: HP Patel. Summary of

Petition:

• The project was approved by City Council on July 25, 2017 (Ordinance No. 4604).
• The approved project was for a 86 room hotel in a 43,000 square foot building.
• The site was previously zoned Highway Business District.
• While the 2017 approved project included an image reference to a wall-mounted sign, it failed to provide specific size allowances and did not include any free-standing signage. The applicant is requesting an amendment to the B1 conditions for the project to clarify sign allowances.
• The conditions allow for some flexibility and provide for a free-standing sign not to exceed 60 square feet and 12 feet tall and attached building signage not to exceed 80 square feet. This will ensure flexibility for any changes to signage in the future and would be compatible with the surrounding area.
• New condition is “Signage for project shall be limited to one free-standing monument sign not to exceed twelve feet in height and 60 square feet in size, and one wall-mounted sign not to exceed 80 square feet in size. Temporary and directional signage may be permitted as allowed by the Unified Development Ordinance.

Comprehensive Plan Consistency:

• This proposal is consistent with the Living Asheville Comprehensive Plan in that “appropriate and contextual signage and articulation” is encouraged as a part of urban design.

Compatibility Analysis:

• The proposed signage would be less than what is allowed in the surrounding Highway Business District where free-standing identification signs are commonly used and relied upon.
• The proposed sign’s smaller and slimmer profile helps to avoid conflict with adjacent signage along the corridor. Committee(s):
• None.

Staff Recommendation:

• Staff finds that the request for signage is appropriate and supports the amendment of the ordinance and conditions. Mr. Patel, owner of the hotel, gave a brief background of the hotel site. He was unaware that signage was required by City Council at the time of original approval. He is proposing a much smaller sign than the other hotel in the area. He asked for Council’s support. Mayor Manheimer opened the public hearing at 8:40 p.m. One voicemail individual spoke in favor of this conditional zoning amendment. In accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,

This public hearing was advertised on May 29, 2020. Mayor Manheimer said that earlier in this meeting,

to hold the budget public hearing on August 25, 2020, and adoption of the budget on September 8, 2020. This motion was seconded by Councilwoman Smith and carried unanimously by roll call vote.

ring until August 25, 2020. City Manager Campbell noted that the budget before Council is not what we would like to be considered, so we are asking to continue the public hearing until we do have a budget that we think is appropriate. City Manager Campbell said we are hearing (1) Defund the Police Department to fund other services; (2) Ensure police accountability, both individually and organizationally; and (3) Repair past and continuing harm to Asheville’s black community. She said the response is: (1) We have heard the community; (2) We want to respond and move forward together; (3) Racism is a systemic problem, not just a police problem, and the City cannot solve it alone; (4) The solution lies in collaborative work with the County, schools, and other organizations to address social disparities and equity; and (5) The solution needs to be strategic and reflect community values. Her recommendation is that we adopt an interim budget. We will spend the next 60 days engaging the community to develop the final budget, with the final budget will be adopted early September. She reviewed the revised budget schedule

• Budget public hearing on August 25 and Council adoption on 9-8-20. Why did the budget show an increase to the Police Department of $410,000? (1) $200,000: state-mandated increase in the City’s contribution to the Local Government Employee Retirement System (LGERS); (2) $108,000: fuel and fleet maintenance costs associated with the implementation of a take-home vehicle program approved during the current fiscal year; (3) $81,000: lease costs associated with the relocated South District Substation; (4) $21,000: The department will no longer receive state grant funding for the DWI Task Force. Salary costs that used to be partially covered by the grant will be fully funded in the General Fund in FY 2020-21; and (5) No new personnel or equipment. Why did the budget show an increase to the Fire Department of $1,000,000? (1) $200,000: state-mandated increase in the City’s contribution to the Local Government Employee Retirement System (LGERS); (2) $316,000: the City’s share of the cost for 15 firefighter positions that were added in November 2018 and November 2019 as part of the Staffing for Adequate Fire & Emergency Response (SAFER) grant program; (3) $200,000: increases to the AFD overtime budget and fleet and fuel budget based on spending trends from recent fiscal years; and (4) $284,000: other cost increases associated with the firefighters added in 2018 and 2019. In summary, we are listening, hearing, and trying to be responsive to all community needs in a constrained fiscal situation. We must use these challenges as an opportunity to rethink and reinvest in collaboration with the community. An interim budget allows time to engage the community. Councilman Haynes asked that the line item budget for all departments be made available. City Clerk Burleson said that department summaries (which show expenses by category, as well as highlights of any major budget to budget changes for each department) is available on the City’s website.