City Council regular meeting — September 8, 2020

Background:

• On February 14, 2020, the City of Asheville Water Resources Department (WRD) issued a Request for Qualifications (RFQ) from qualified firms with proven experience and expertise to provide professional and engineering services for an Arc Flash Study encompassing the City of Asheville Water Treatment Plants, Pumping Stations, and associated assets.
• An arc flash is a type of electrical explosion or discharge that results from a connection through air to ground or another voltage phase in an electrical system.
• The study identifies the level of risk to staff, proper labeling of equipment and personal protective equipment required, and any retrofitting of equipment to provide a safe working environment for operation and maintenance.
• Brown and Caldwell of Charlotte, NC, GHD of Charlotte, NC, and CDM Smith of Raleigh, NC were the companies who responded to the Arc Flash RFQ.
• CDM was chosen due to their experience performing Arc Flash studies for municipal systems.
• Because upgrades and modifications have occurred at both the treatment facilities and pump stations throughout their operational life cycle, there is a need to analyze these facilities for electrical safety and provide training to staff.
• The scope of services to be performed by CDM Smith include: project meetings, data collection, model development, Arc Flash Study, equipment labeling and safety training.

Vendor Outreach Efforts:

• Through a qualifications based selection process CDM was chosen due to their experience performing Arc Flash studies for municipal systems.
• No other vendor outreach was performed. Committee(s):
• None Pro(s):
• CDM Smith, Inc. has provided Engineering Services on water system improvement projects.
• Their experience and knowledge of water systems will minimize staff support and input.
• This project is aligned with the City’s and the Water Resources Department’s goal of continued investment and improvement of the City’s water system through Capital Improvement Projects to provide safe and reliable service. Con(s):
• A delay in the project could impact the safety of staff and facilities.

Fiscal Impact:

• The funding needed for this agreement is currently allocated within the Storage Tanks and Pumps Capital Improvement Projects (CIP).

Background:

• The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) is a $2 trillion economic stimulus bill passed by Congress and signed into law in March 2020 in response to the economic downturn caused by the COVID-19 pandemic. The State of North Carolina received $7.6 billion from the CARES Act.
• On May 4, 2020 North Carolina Governor Roy Cooper signed session law 2020-4 which appropriated $150 million from this funding to NC counties via the Coronavirus Relief Fund (CRF).
• Buncombe County received approximately $4.5 million from this first round of CRF funding and shared $943,771 with the City of Asheville. City Council approved a budget amendment for this first round of CRF funding on July 28, 2020.
• On July 1, 2020 Governor Cooper signed session law 2020-80 which appropriated an additional $150 million in CRF funding to NC counties, with Buncombe County receiving approximately $5.1 million from this second round of CRF funding.
• As with the first round of funding, Buncombe County shared a portion of the second round of funding with other governments in the county based on the local sales tax distribution formula. Under this formula, the City of Asheville received $1,063,224.
• City staff has identified COVID-19 related expenses that are anticipated prior to December 30, 2020 and are eligible for reimbursement under federal and state guidelines, and have submitted a plan for these expenses to Buncombe County.
• The NC Pandemic Recovery Office (NCPRO) has provided guidance regarding reporting requirements related to CRF funds which indicate that CRF funding should be budgeted and accounted for in a special revenue fund.
• To be in compliance with this guidance, staff is recommending City Council approve a budget amendment in the amount of $1,063,224 to establish a budget for the City’s second round of CRF funding. Pro(s):
• Ensures the City is in compliance with accounting and reporting requirements recommended by the State of North Carolina. Con(s):
• None.

Fiscal Impact:

• Funding from the second round of CRF will be utilized for COVID-19 related expenses that the City incurs prior to December 30, 2020. This amendment will allow staff to consolidate all expenses in a single project in the City’s Special Revenue Fund.

Background:

• Due to the COVID-19 pandemic and resulting closure of public and private buildings in March 2020, portable restrooms and handwashing stations were deployed for public use as an emergency response as recommended by the City-County Emergency Operations Center and City Manager's Office.
• Griffin Waste Services in Asheville was an existing provider of services to City facilities prior to the pandemic and the only contractor identified in the region with the capacity to fulfill the services required.
• Portable restrooms and handwashing stations were installed at the following locations:
• ART Station, Coxe Ave.
• Pritchard Park, College St.
• Pack Square Park, S. Market St.
• City Hall (no handwashing station
• hand sanitizer only)
• Wall Street
• Haywood Street Congregation, 298 Haywood St.
• A-Hope / Homeward Bound, 19 N. Ann St.
• ABCCM Medical Ministry, 155 Livingston St.
• ABCCM, Cumberland Ave.
• 12 Baskets, 610 Haywood Rd.
• As authorized by the City Manager, a contract was established with Griffin Waste Services in June 2020 for an amount not to exceed $89,000 for rental, routine cleaning, and daily maintenance of the units.
• The contract is projected to reach $89,000 by the end of September. However, the need for portable restrooms and handwashing stations is expected to continue until the COVID-19 emergency declaration is canceled.
• An amended contract with Griffin Waste Services to increase the total by $65,000, from $89,000 to $154,000, will allow the vendor to perform the work through December 2020.

Vendor Outreach Efforts:

• At the start of the pandemic, staff searched for all providers throughout Western North Carolina, Greensboro, NC, Charlotte, NC, and Greenville-Spartanburg, SC, and engaged in a search for national providers including options to lease or purchase equipment. Griffin Waste Services, recently merged with Able Rent-a-Jon, was the only local vendor with available capacity. Griffin Waste Services is not a minority or women-owned vendor and staff has not found any MWBE providers in the area through the North Carolina HUB directory or City database. Committee(s):
• None Pro(s):
• Supports basic public health needs during a Pandemic
• Costs are eligible for reimbursement from FEMA or COVID Relief Funding Con(s):
• Some business owners have been unhappy with the location of the facilities.

Fiscal Impact:

• Funding for the portable toilets and handwashing stations contract is coming from grant dollars that the City has received from Buncombe County as part of the State’s Coronavirus Relief Fund (CRF).

Director of Planning & Urban Development Todd Okolichany said that this is a public hearing to consider extending the temporary moratorium on hotel development approvals within the City of Asheville for two months due to delays associated with the COVID-19 Pandemic. This public hearing was advertised on August 28 and September 4, 2020. Background:

• In response to concerns raised by community members and City Council regarding the significant influx of new hotel rooms into the City of Asheville over the past few years with 2,761 total rooms approved and 1,344 rooms opened since 2015 (39% within the central business district), the City of Asheville adopted Ordinance No. 4766 on September 24, 2019 establishing a temporary moratorium on new hotel development until September 24, 2020 in order to take actions to address this issue.
• While the City was able to accomplish many of the actions proposed in the moratorium ordinance to address the problems and conditions related to new hotel development, the City’s ability to complete those proposed actions within the original time period set for the moratorium has been significantly impaired by the COVID-19 pandemic, the Emergency Declarations made at the State and Local levels and related restrictions imposed to ensure public health and safety.
• Consequently, more time is needed to complete the originally proposed actions.
• N.C.G.S. 160A-381 authorizes cities to extend a temporary moratorium on development approvals if new facts or conditions warrant an extension.
• It is proposed that the moratorium be extended by two months to November 24, 2020, in order to allow the time necessary to complete the actions proposed to address the issues and concerns regarding new hotel development.
• During the duration of the moratorium, city staff have taken reasonable steps to study the issues and develop recommendations.
• The following actions were proposed as part of the original moratorium imposition and the majority of the work has been completed: Phase 1 (three months)
• Contract with the Urban Land Institute Charlotte District Council to conduct a planning process that includes two community engagement sessions, analysis of the hotel industry, assessment of impacts, research of best practices, and a report on best land use practices and policy recommendations for hotel development. Phase 2 (up to nine months)
• Supplemental research and analysis by city staff, creation of a community engagement plan, and draft regulatory changes, strategies and tools for Council consideration.
• The draft regulatory changes were presented to the Planning and Zoning Commission at their meeting on September 2, 2020, but additional time is needed for Council consideration.
• Staff recommends that the temporary moratorium on new hotel development be extended in order to address the issues and concerns regarding new hotel development.
• The COVID-19 pandemic delayed opportunities for community engagement early in the planning process
• During the pandemic, city staff and resources were redirected to address other priority community needs
• Additional time is needed to complete the hotel development study, conduct additional community engagement, draft the proposed zoning amendments and present the new zoning amendments to the Asheville City Council for consideration of adoption. Committee(s):
• City Council
• August 25, 2020
• motion setting a public hearing on September 8, 2020, to consider extending a temporary hotel moratorium on hotel development, approved 7-0. Pro(s):
• Gives the city time to better understand the impacts of new hotel development and mitigation requirements.
• Allows for research of best practices and to enhance the city’s land use policies, tools and strategies.
• Will provide clearer direction to applicants of new hotel developments, City Council and the community. Con(s):
• No new hotels will be approved during the moratorium extension period.

Fiscal Impact:

• None After hearing the discussion on the hotel development study earlier in this meeting, and because a City Council worksession will be scheduled with the possibility of having to go back to the Planning & Zoning Commission, staff now recommends that the temporary moratorium on new hotel development be extended for five months until February 23, 2020, in order to address the issues and concerns regarding new hotel development. Mr. Okolichany said that City staff will work hard to complete the study earlier if possible. Mayor Manheimer opened the public hearing at 7:51 p.m. From advanced live call-ins, two individuals spoke in support of extending the hotel moratorium. 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,

Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Planning & Zoning Commission. The terms Sandra Kilgore, Laura Berner Hudson and Joe Archibald, as members of the Planning & Zoning Commission expired on August 14, 2020. The following individuals applied for a vacancy: Sherrye Coggiola, Kimberly Levi and Roosevelt Harvin. Vice-Mayor Wisler said that the Boards & Commissions Committee did not meet to review these applications.

Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Buncombe County Tourism Development Authority (an individual actively involved in the tourist business who has participated in tourism promotion and does not own or operate hotels, motels, or other taxable tourist accommodations). The term of Andrew Celwyn (an individual actively involved in the tourist business who has participated in tourism promotion and does not own or operate hotels, motels, or other taxable tourist accommodations) as a member of the Buncombe County Tourism Development Authority expired on August 31, 2020. The following individuals meet the requirements and have applied for the vacancy: Clair Greear, Bethany Vance, and Ruth Summers. Vice-Mayor Wisler again noted that the Boards & Commissions Committee did not meet to review these applications.

Mayor Manheimer said that this public hearing was held on August 25, 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 receiving additional written public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the ordinance and it would not be read.

DEFINITIONS,7-11-3(d), 7-11-2(f)2, 7-12-2(e)2(d) AND ESTABLISHING A NEW SECTION 7-9-1 RESOURCE MANAGEMENT OVERLAY DISTRICT, AND A NEW ARTICLE XIX TREE CANOPY PRESERVATION

Mayor Manheimer said that these public hearings were held on August 25, 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 receiving additional public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the ordinance and it would not be read.