Asheville City Council recorded 19 votes at its regular meeting on November 10, 2020; none drew a no vote. Most items concerned Housing, Zoning & Land Use and Budget & Finance.
Voting: Brian Haynes, Esther E. Manheimer, Julie Mayfield, S. Antanette Mosley, Sheneika Smith, Gwen Wisler, Keith Young.
19recorded votes
0split votes
0failed
0members absent
All votes
Item B · RES 20-196 · Zoning & Land Use · Resolution · consent agenda
Resolution authorizing the City Manager to enter into an agreement with Norfolk-Southern Railroad for The District sidewalk project
Passed7–0 · unanimous · Moved by Julie Mayfield, seconded by Gwen Wisler
All members present voted yes.
Staff report summary
Background:
On October 27, 2020, the City Council authorized the City Manager to enter into a contract with Moore & Son Site Contractors, Inc. of Mills River, North Carolina (Moore & Son) to construct The District Sidewalk Project.
The District sidewalk project includes construction of:
sidewalk,
ADA sidewalk ramps,
a raised pedestrian crosswalk,
high-visibility crosswalk lines, and associated components.
A portion of the project occurs within NSRR right-of-way, which necessitated NSRR review and approval of the construction plans for the work within NSRR right-of-way.
Approval of the work within the NSRR right-of-way includes the City signing an agreement to reimburse NSRR’s administrative, engineering review, hardware upgrades, construction of the crossing within the railroad right of way, and safety personnel costs.
NSRR estimates these costs as approximately $105,583.
City staff will attempt to structure the timeline of the sidewalk project so as to reduce the City’s costs to NSRR, thereby minimizing the time NSRR personnel is on-site.
Construction of the entire sidewalk project is scheduled to be 120 days with an expected construction start of December 1, 2020.
Vendor Outreach Efforts:
N/A Committee(s):
None Pro(s):
Improved connectivity and accessibility for the neighborhoods surrounding The District apartment complex. Con(s):
Construction will be disruptive to adjacent residences.
Efforts will be made to minimize disruptions.
Fiscal Impact:
Funding for project costs associated with this agreement were planned as a part of GO Bond pedestrian accessibility investments.
The total maximum cost of this contract is $105,583.
Item C · RES 20-197 · Transportation · Resolution · consent agenda
Resolution authorizing the City Manager
Passed7–0 · unanimous · Moved by Julie Mayfield, seconded by Gwen Wisler
All members present voted yes.
Staff report summary
Background:
During September 2020, Motorola Solutions, Inc. notified the City that the transit system’s existing on-board and handheld radios will no longer be serviced because they have exceeded their 10-year service life.
A sole source procurement through Motorola Solutions, Inc. is needed to ensure compatibility with existing transit operations equipment and other City of Asheville radio equipment.
Motorola Solutions, Inc. has provided a quote with an estimated total project cost of $158,098.20. Committee(s):
None Pro(s):
Replaces equipment that has exceeded its 10-year service life.
The new equipment is expected to have a 10-year service life.
Ensures continuous communication between ART’s drivers and dispatchers including emergency situations.
Federal Funds will provide 80% of the project cost. Con(s):
None Fiscal Impact:
The total purchase cost is $158,098.20.
An existing FTA grant will be used to fund 80% ($126,478.56) of the purchase and the Transit Capital Fund budget will be used to provide the 20% match ($31,619.64).
Both the grant and the City match are already budgeted in the Transit Capital Fund.
Item D · RES 20-198 · Transportation · Resolution · consent agenda
Resolution authorizing the City Manager
Passed7–0 · unanimous · Moved by Julie Mayfield, seconded by Gwen Wisler
All members present voted yes.
Staff report summary
Background:
On September 17, 2018, the City entered into a Service Contract with Swiftly, Inc. to provide Transitime Real-Time Passenger Information services for the Asheville Rides Transit system.
The original budget for the Transitime Real-Time Passenger Information services for FY 2018 (September 1, 2018 to September 1, 2019) was $38,180 for Year 1 of the Service contract, with the option to renew for three additional years.
The City exercised the option for year two of the contract and paid $30,999 for services rendered.
Staff is requesting approval to increase the contract amount by $110,743 for year three and year four of the contract for a total contract amount of $179,922.10.
The cost for years three and four are expected to be $52,902.00 and $57,841.10, respectively.
The costs for each of these years has increased from year one and two due to increased fleet size, as well as the addition of several operational modules intended to improve on-time performance monitoring for drivers and staff, and improved scheduling software.
The total amount of the contract with these changes exceeds the execution authority of the City Manager.
Staff is requesting that the City Manager be authorized to execute the agreement including the original agreement of the total contract amount for the provision of Transitime Real-Time passenger services through December 16, 2022. Committee(s):
None Pro(s):
Ensures sufficient funding is available to pay for services as required by contractual agreement.
Assures the City is able to pay for services rendered for FY 2021 and for FY 2022.
The additional modules being purchased will greatly enhance the data collection and monitoring of key transit operational performance measures and will allow City and ART staff to make better data-based decisions to improve route performance. Con(s):
Increased cost of annual contract services.
Fiscal Impact:
Funding for year three of the contract is already included in the adopted FY 2021 Transit Services Fund budget. Funding for year four will be included in the recommended FY 2022 Transit budget.
Item F · RES 20-200 · Budget & Finance · Resolution · consent agenda
Resolution authorizing the City Manager
Passed7–0 · unanimous · Moved by Julie Mayfield, seconded by Gwen Wisler
All members present voted yes.
Staff report summary
Background:
The City Hall Operations (CHO) Division of the Capital Projects Department provides a variety of functions including overseeing security services at the Public Works and City Hall Buildings.
The firm GuardOne previously provided security guard services at a cost not to exceed $140,000 per year. The hourly rate charged by GuardOne was $17.70 per hour. Strategic Security Corp charges $22.66 per hour. In addition, a guard was added last winter at Public Works to provide full time consistent coverage during all hours of operation.
A Request for Proposals (RFP) was issued recently requesting proposals and costs for providing Security Guard services.
Scoring of the proposals was based upon a weighted combination considering qualifications and costs. The recommendations were not based exclusively on the lowest cost. The use of the following criteria ensured that the overall approach to work was best suited to meet the City’s needs and not just the lowest bid.
Evaluations were based upon the below weighted categories
Development of Team 25%
Portfolio Summary 15%
Approach to work weighted at 20%.
Proposed cost has a 40% weighting.
Six companies submitted proposals and costs. Using a weighted scoring system, Martin Edwards & Associates scored the best, but was unable to meet the needs of the City. Strategic Security Corp. scored second highest and is being recommended as the service provider.
Martin Edwards & Associates
Linden NC
8.69
Strategic Security Corp
Commack NY (Local Charlotte North Carolina Branch)
8.52
GuardOne Security
HQ Lawrenceville GA (Local branch Matthews NC)
8.51
Allied Universal Security Services
HQ Conshohocken, PA (Local branch Charlotte, NC)
8.39
SAKOM -- HQ Appleton WI (Local branch Greenville SC)
8.13
Global Guardian
McLean VA
4.56
The transition of these service providers occurred at the time of the reopening of city facilities during the COVID-19 pandemic and due to unexpected complications with another contractor which resulted in an interim contract.
There will be an expected annual increase to the cost of the contract of 3%.
Vendor Outreach Efforts:
Staff performed outreach through solicitation processes using the State’s Interactive Purchasing System.
Strategic Security Corp is a certified female-owned business out of New York with a local branch in Charlotte, North Carolina. Committee(s):
None Pro(s):
Provides security for both staff and visitors
Consistent security services at multiple buildings
Flexibility to add additional staff if security needs change Con(s):
Security personnel will be learning about the security of City facilities in a transition period while COVID still impacts facility activity.
Annual costs show an increase of $110,000 compared to the prior contract.
Fiscal Impact:
The current adopted General Fund budget included $140,000 to continue the prior security contract.
Funding needed to cover the higher costs in the current year will come from vacancy savings in the Capital Project Department.
The contract is contingent on budget appropriations to cover the costs in future fiscal years.
Item G · RES 20-201 · Public Safety · Resolution · consent agenda
Resolution authorizing the City Manager
Passed7–0 · unanimous · Moved by Julie Mayfield, seconded by Gwen Wisler
All members present voted yes.
Staff report summary
Background:
The original contract amount for the project was $602,000.
Amendment 1 did not increase the contract amount.
With Amendment 1, the scope of Floodplain Impact Documentation was reduced, and additional Landscape Architect services and additional survey of the Charlotte Street area were added.
Amendment 2 increased the contract amount to $685,980, within the total project budget.
That Amendment extended the pipe system improvements to the existing Murdock Avenue outfall, with associated regulatory documentation for the extension, additional grading and drainage plans and additional meetings with property owners and agencies for buy-in, as well as permitting additional scope items.
This Amendment (Amendment 3) will increase the current contract amount to $783,813.58.
Amendment 3 divides the project into a third construction phase and includes additional documentation of decisions made regarding the basin and design analysis.
A third plan and construction phase allows the project to be constructed in a sequence that makes more sense for the neighborhood and builds upon the benefits from the other two phases.
There are significant drainage and flooding issues along the project corridor from Canterbury Drive, Sunset Parkway, Celia Place, Edwin Place and Murdock Avenue.
This project will create improvements in flood storage capacity and conveyance in this area.
The RFQ for this project was advertised on May 20, 2016, with Statements of Qualifications received on June 9, 2016.
Thirteen (13) consulting firms submitted Statement of Qualifications. Qualifications were reviewed and Hazen and Sawyer, PC. was selected as the best qualified firm.
The Contract was entered into between the City of Asheville and Hazen and Sawyer, P.C. on January 5, 2017.
The Stormwater Division has spent an extensive amount of time on Public Outreach and working with property owners in obtaining Stormwater Easements.
Negotiation and acquisition of the easements for Phase 1 and Phase 2 are complete, but the complexity of the project and participation from these property owners have caused project design delay.
Construction for Phase 1 has an anticipated start date next Summer in FY22, with a 12 month construction period. Phase 2 will start immediately after in FY23 with 12 months for construction, and Phase 3 will begin afterwards, in FY24 with 12 months for completion.
Vendor Outreach Efforts:
The City of Asheville RFQ informed all bidders of the policy to (1) provide minority and women-owned businesses (MWB) firms an equal opportunity to participate in all aspects of their contracting and procurement programs and (2) to prohibit any and all discrimination against persons or businesses in pursuit of these opportunities.
All bidders were required to provide a statement indicating how outreach was to be performed, and the selected firm would be required to provide documentation indicating their outreach efforts.
Staff performed outreach to MWB businesses through solicitation processes which included posting on the State’s Interactive Purchasing System and the City of Asheville website.
Past engineering firms who have shown interest in bidding on City of Asheville projects were informed about the project’s advertisement.
Hazen and Sawyer indicated good-faith efforts to identify and incorporate MWB companies for partnering on the project.
Hazen and Sawyer contracted with a minority-owned firm to perform geotechnical investigations for the project. Committee(s):
None Pro(s):
The contract amendment will allow Hazen and Sawyer to divide the project into an additional phase of construction, to include design and construction administration as well as additional downstream analysis to verify project impact and improvement to the drainage basin.
The capacity of the existing stormwater system will be increased to allow passage of larger storm events safely through the system. Detention and water quality elements will be added along the corridor to offset any increases in pipe flow due to improvements in the drainage system.
The project will provide a conveyance system that is sustainable and decreases flooding to surrounding homes and property.
The project also provides an improvement to public safety because roadways will be less likely to flood, allowing passage of traffic and emergency vehicles. Con(s):
Construction may be disruptive to nearby residences and through traffic.
Efforts will be made to notify the public and minimize disruptions.
Fiscal Impact:
Funding for this contract is already budgeted in the Stormwater Utility Fund Capital Improvement Program.
Item H · ORD 4839 · Budget & Finance · Ordinance · consent agenda
Ordinance amending the fiscal year (budget)
Passed7–0 · unanimous · Moved by Julie Mayfield, seconded by Gwen Wisler
All members present voted yes.
Staff report summary
Background:
More than a third of the calls that the NC Wildlife Resources (NCWRC) receives about bears statewide come from Buncombe County.
Asheville residents are experiencing an increase in human-bear interactions and there are safety risks associated with these increasing issues.
City residents file numerous complaints with the City regarding bears getting into their trash. One Buncombe County resident was injured in 2018 in a bear interaction involving a trash cart.
Residents have frequently requested that the City provide bear-resistant trash carts.
Securing garbage is identified as one of the top ways to reduce human-bear interactions and resulting problems.
Fully-automated bear resistant carts that stay locked until the collection truck empties them are very expensive to order individually, so a bulk purchase is more economical.
It is also important that bear resistant carts are compatible with City of Asheville (COA) collection vehicles.
Sanitation staff recommends that the City provide uniform, tested carts to residents to limit problems. If the City owns the carts, Sanitation can handle any cart damage through its warranty with the vendor.
The City cannot be liable for damage to bear carts that individuals have purchased.
BearWise research shows more success in bear cart programs when residents financially invest in some way.
BearWise is a program developed by bear experts in the southeastern United States that shares ways to prevent conflicts, provides resources to resolve problems, and encourages community initiatives to keep bears wild.
A one-year rental commitment prevents residents from requesting cart swaps during down times for bears.
Staff recommends offering bear carts at the recommended rental fee for the pilot program.
If the program is successful, staff recommends that Council consider using future revenues from the rental program to support provision of bear carts for lower-income residents through a rebate program.
Vendor Outreach Efforts:
Bear-resistant carts are a new technology and are specialized products with limited options.
NCWRC and Sanitation staff tested numerous varieties and have chosen to purchase the cart that is most consistently effective with Sanitation collection trucks, most effective at keeping bears out, and most user friendly.
The cart is available for purchase on the Omnia cooperative contract. Committee(s):
None Pro(s):
Provides a solution to residents who are experiencing negative bear interactions and incidents with their trash.
Protects human life and wildlife, and prevents waste management and litter issues for residents and the community.
Residents will have access to bear resistant carts at a reasonable cost and that function with COA waste collection equipment.
Residents will not experience their trash being scattered over the neighborhood by bears regularly, and potentially dangerous human-bear interactions may be prevented. Con(s):
Residents will have to pay the $10 monthly upcharge for a bear-resistant trash cart.
Availability of carts will be on a first-come, first-served basis for the duration of the pilot program.
The pilot order of bear-resistant trash carts is limited to the number of carts that can be purchased from available funding in the Sanitation Division's FY 2020-21 operating budget.
Fiscal Impact:
The pilot order of bear-resistant trash carts will be funded from the Sanitation Division's FY 2020-21 operating budget.
This funding allows for a purchase of 340 bear-resistant carts for $220 each plus shipping and tax for a total of $81,052.50.
The proposed monthly fee is $10/month upcharge (one year minimum) for a bear-resistant cart.
With full participation, the program could generate revenue of $3,400/month, resulting in a return on investment within approximately two years.
Item J · ORD 4841 · Public Safety · Ordinance · consent agenda
Budget amendment to budget police (funds)
Passed7–0 · unanimous · Moved by Julie Mayfield, seconded by Gwen Wisler
All members present voted yes.
Staff report summary
Background:
The funds are the result of Federal seizures secured as the result of a joint task force with the Buncombe County Sheriff’s office.
In July 2018 the rules changed and Federal seizures could no longer be distributed to task forces (ie. BCAT), but only to the member agencies.
From that time on, APD began receiving its share of BCAT forfeitures at the Department level.
There was an agreement forged between the County and APD as to how to disperse the funds in the existing BCAT account of which the County served as the fiduciary.
There was a percentage agreement reached between the County and APD, and funds were transferred to APD in the amount of $141,208.44.
APD intends to use a portion of these funds as part of a fire-arm trade in initiative and they are currently working with the Purchasing Division.
Additionally they plan to have the ability to access these funds for other future initiatives as needed.
In order to spend the funds that have been received, a budget amendment is required in the City’s Special Revenue Fund. Pro(s):
Provides expenditure authorization for funding that has already been received by the Asheville Police Department (APD). Con(s):
None.
Fiscal Impact:
This budget amendment does not include a local match so there is no impact to the City’s General Fund budget.
Item K · RES 20-203 · Environment & Sustainability · Resolution · consent agenda
Resolution authorizing the City Manager
Passed7–0 · unanimous · Moved by Julie Mayfield, seconded by Gwen Wisler
All members present voted yes.
Staff report summary
Background:
Every two years Duke Energy submits an Integrated Resource Plan (IRP) to communicate strategies for delivering reliable electricity at the lowest cost (typically a 10 to 20 year horizon).
This is the first IRP that has been published since the City adopted a 100% renewable energy goal.
The IRP models potential pathways to accelerate renewable energy deployment but reform of state policy is required. This is an opportunity to advocate for such reform.
The North Carolina Utilities Commission (NCUC) hosts statutory IRP reviews for approval.
To participate, the City must petition to become a formal intervenor by demonstrating standing.
Intervention in the review allows the City to help shape the process and the final IRP content, potentially accelerating the transition to renewable energy in our utility territory.
NCUC tends to give greater weight to public comments provided through this more formal intervention process, so the City’s participation is critical to advance efficiency and renewable generation strategies aligned with our policies.
The City of Asheville’s Moving to 100%
Renewable Energy Transition Pathways Analysis identifies the need to participate in State and Utility actions to achieve the City’s renewable energy goals.
Sustainability staff have conferred with the City’s Legal Department regarding filing an intervention petition and have determined that Legal has the ability to assist.
City staff will continue to review the IRP with Duke Energy to determine if it is appropriate to file the petition.
Vendor Outreach Efforts:
Not applicable Committee(s):
None Pro(s):
Supports Resolution 17-104 Encouraging a State Goal of 100% Renewable Energy by 2050.
Supports Resolution 18-279 Establishing a 100% Renewable Energy Goal for the City of Asheville.
Supports Resolution 16-64 Establishing the Energy Innovation Task Force which is an on-going partnership between Buncombe County, City of Asheville and Duke Energy Progress for the purpose of researching, prioritizing, recommending and implementing recommendations to create renewable energy opportunities.
Supports Resolution 20-18 Establishing the Creation of the Blue Horizons Community Council.
Intervention will give the City an opportunity to promote the success of the existing partnership efforts with Duke Energy and Buncombe County through the Blue Horizons Project and Climate Collaborative.
Action prioritized in Moving to 100% Renewable Energy Roadmap.
The City is benefiting from free technical assistance from the Rocky Mountain Institute that will ensure the City’s comments advocate for policies and practices that align with our renewable energy goal.
The Rocky Mountain Institute is a nonprofit that engages businesses, communities, institutions, and entrepreneurs to accelerate the adoption of market-based solutions that cost-effectively shift from fossil fuels to efficiency and renewables. Con(s):
This will consume staff time to file the petition to intervene, draft comments, and monitor the docket.
Item L · RES 20-204 · Administrative · Resolution · consent agenda
Resolution authorizing the City Manager
Passed7–0 · unanimous · Moved by Julie Mayfield, seconded by Gwen Wisler
All members present voted yes.
Staff report summary
Background:
In 2017 the North Carolina General Assembly passed Session Law 2017-159, which gave cellular network providers a broad right to place cellular network infrastructure within municipal rights of way within the State.
Under NCGS 160D-936, the City is limited to reviewing a cellular provider’s application to install new small cell facilities for compliance with aesthetic standards.
The City has worked with Verizon Wireless to develop a Master Encroachment Agreement, which sets forth the terms under which Verizon may submit new facility applications to the City for review.
This agreement will provide for a more streamlined review process between the City and Verizon. Committee(s):
None Pro(s):
Will streamline the City’s review of proposed cellular facilities in its rights of way pursuant to NCGS 160D-936. Con(s):
None Fiscal Impact:
Under the Master Encroachment Agreement, Verizon will pay an application of one hundred dollars ($100.00) per facility for the first five small wireless facilities addressed in an application, plus fifty dollars ($50.00) for each additional small wireless facility addressed in the application.
Verizon will further be required to pay the City a technical consulting fee in the amount of five hundred dollars ($500.00) per application.
Item M · RES 20-208 · Housing · Resolution · consent agenda
Resolution authorizing the City Manager
Passed7–0 · unanimous · Moved by Julie Mayfield, seconded by Gwen Wisler
All members present voted yes.
Staff report summary
Said resolution reads: “WHEREAS, pursuant to N. C. Gen. Stat. 160A-461, the City of Asheville can enter into interlocal agreements to execute any undertaking; and WHEREAS, in direct response to the COVID-19 pandemic, residents of North Carolina must rely substantially on internet services to access certain essential services, including, but not limited to, health care; and WHEREAS, in good faith based upon all available data and scientific information, it is believed that the COVID-19 pandemic will continue for an indefinite period of time to negatively impact the ability of (a) the public schools in the County of Buncombe and the Asheville City Schools District to provide fully in-person instruction; (b) public school students to access on-line instruction; and (c) residents of the County and City to access vital health and safety services made available through the internet, including, but not limited to, telehealth and emergency services information; and WHEREAS, the City of Asheville, Buncombe County, the Housing Authority of the City of Asheville, and Asheville City Schools Board of Education desire to enter into an interlocal agreement to provide necessary, basic and essential services to their respective constituents to mitigate and combat the negative impacts of the COVID-19 pandemic through the provision of no-charge wireless internet services for residents of the following communities: (a) Southside Communities along Livingston Street; (b) Hillcrest Apartments; (c) Pisgah View Apartments; (d) Klondyke Homes; and (e) Deaverview Apartments; and WHEREAS, the Housing Authority of the City of Asheville submitted a Request for Proposals for said services, including installation and annual Internet Service Provider fees for a 4 year term; and WHEREAS, Skyrunner Inc., a/k/a Skyrunner Internet, submitted a proposal that the Housing Authority of the City of Asheville intends to accept, contingent upon funding; and WHEREAS, The City of Asheville wishes to provide a portion of the funding for this endeavor; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASHEVILLE THAT: The City Manager be, and she is hereby, authorized to enter into an Interlocal Agreement with the County of Buncombe, the Housing Authority of the City of Asheville, and the Asheville City Schools Board of Education regarding the provision of necessary and essential internet services to certain communities located in Buncombe County. Pursuant to this agreement, the City of Asheville shall provide the amount of $50,000 toward funding this initiative.”
Item NB-A · RES 20-207 · Zoning & Land Use · Resolution
Resolution amending the City of Asheville Land Use Incentive Grant Policy
Passed7–0 · unanimous · Moved by Gwen Wisler, seconded by S. Antanette Mosley
All members present voted yes.
Staff report summary
Community Development Program Director Paul D’Angelo said that this is the consideration of an amendment to the LUIG Policy last updated in October 2019. Background:
In November of 2010, City Council first adopted a Land Use Incentive Policy that provided incentives to encourage development projects that fulfill important public purposes directly addressing annual strategic goals set by Council such as affordable housing.
Council directed that the Policy be reviewed yearly after its adoption. Since that time, the Policy has been revised six times in March of 2011, January of 2013, August of 2014, September of 2015, September of 2018 and October of 2019.
A continued goal of Community Development is to make policies easy to comprehend, usable & equated to an investment dollar amount to be used as a source in a pro forma / balance sheet.
Changes of note, as guided by discussions with City Council & Legal include the following:
An $80,000 per unit cap on subsidy over the affordability period;
At least 20% of the units (vs. 10%) must meet the affordability standards set by the City of Asheville for households earning 80% or less of the Area Median Income (AMI), to qualify for LUIG, along with an adjustment in points;
Clarity on
- Rental Assistance Scoring
Procedure for assessing Tax Value
Annual Rent Increases
LUIGI amount
The end of affordability period (Recommend Option 1) Committee(s):
AHAC
March 5, 2020, approved for HCD; HCD
September 29, 2020; October 20, 2020, approved unanimously to move to City Council Pro(s):
The proposed amendments come from staff, legal, and City Council based on recent usage of the updated LUIG Policy dated October, 2019.
The policy follows Community Development efforts of creating policies that are easy to comprehend, usable & equated to an investment dollar amount to be used as a source in a pro forma / balance sheet.
A cap of $80,000 per unit follows the recommendations from the City Affordable Housing Workshop that occured on September 6, 2019.
A build with 20% units affordable requiring some level of subsidy follows the recommendations from the City Affordable Housing Workshop that occured on September 6, 2019. Con(s):
The proposed cap could deter developers from accessing LUIG and in turn lead to fewer affordable units.
Fiscal Impact:
In terms of the financial impact to the City, future LUIG grant subsidies should remain the same or potentially go down. Mr. D’Angelo did a brief overview of the update to the LUIG policy (1) minimum qualification for length of affordability; (2) recommended cap on per unit subsidy; and (3) post grant guidance (a) reporting requirements; (b) guidelines when tenants exceed income thresholds; and (c) maximum rent increases. In 2010, City Council first adopted the LUIG policy that provides incentives to encourage development projects that fulfil important public purposes like affordable housing. Commitment to developing policies that are simple, usable and equated to an investment dollar amount to be used in a pro forma/balance sheet. Goals achieved are quality affordable housing; and equitable and diverse community. He provided an example of a LUIG. He said to qualify, at least 20% of the units must meet the affordability standards set by the City of Asheville for households earning 80% or less of the Area Median Income (AMI) which would include at least 5% of the units accepting Rental Assistance like Housing Choice Vouchers (HCV). He said the City will only support a LUIG for up to $80,000 per unit of subsidy during the term of the grant although this figure may be adjusted upwards by City Council, if requested by the developer, based on the type of build, level of affordability targeted, length of affordability, shared parking agreement, etc., as well as when a City property tax increase/revaluation occurs. He said that regarding post award, (1) Appendix 1
rents plus additional guidance, assistance and clarity; (2) verification of income at initial lease-up is required and at yearly lease renewal; (3) if at renewal the tenant is over the 80% AMI income for that year but under 120% AMI, the City requires that you keep the tenant at the affordable rent; (4) if the tenant is over that 120% AMI income at renewal, they can either stay in their until with an adjustment to market rent or not renew their lease; (5) the City requires that income verification on affordable units for renewal occur 120 days before lease end to allow the tenant additional time if over income; (6) annual rent increases for an affordable unit should not exceed 2.5% and the rent cannot be more than that current year’s rent as published in Appendix 1; and (7) one year before the end of the LUIG affordability period, all tenants in affordable units must be notified of this ending date
at the end of the LUIG affordability period, units that are occupied by income qualified tenants must be able to remain in tenancy at the affordable rent until lease renewal. Ms. Ashley Cooper felt that the 80% AMI threshold is high; and hoped City Council will work for livable and workable housing for all. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.
Technical budget amendment to revise the FY 2020-21 CDBG and HOME Fund budgets
Passed7–0 · unanimous · Moved by Julie Mayfield, seconded by Gwen Wisler
All members present voted yes.
Staff report summary
Mayor Manheimer said that this public hearing was held on October 27, 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 and said that members of Council have previously received a copy of the ordinance and it would not be read.
Budget amendment to budget the Round 3 COVID-19 grant funds
Passed7–0 · unanimous · Moved by Brian Haynes, seconded by Sheneika Smith
All members present voted yes.
Staff report summary
Mayor Manheimer said that this public hearing was held on October 27, 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 and said that members of Council have previously received a copy of the ordinance and it would not be read.
Public hearing to authorize the City Manager to submit the 5-year Consolidated Plan / Annual Action Plan (continued)
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Julie Mayfield
All members present voted yes.
Staff report summary
Action Plan for Fiscal Years 20-21
24-25 which includes the 20-21 Action Plan for Community Development Block Grants and the HOME Investment Partnership Programs to the U.S. Dept. of Housing & Urban Development. This public hearing was advertised on June 12, 2020. On June 23, 2020, City Council continued this public hearing until August 25, 2020. On August 25, 2020, City Council continued this public hearing until October 13, 2020. On October 13, 2020, City Council continued this public hearing until November 10, 2020.
Background:
The Consolidated Plan (Con Plan) is designed to help states and local jurisdictions to assess their affordable housing and community development needs and market conditions, and to make data-driven, place-based investment decisions.
The consolidated planning process serves as the framework for a community-wide dialogue to identify housing and community development priorities that align and focus funding from the CPD formula block grant programs:
Community Development Block Grant (CDBG) Program
HOME Investment Partnerships (HOME) Program
Every five years, the Community Development Division must prepare and submit to HUD a Consolidated Plan that details our priorities, strategies and performance targets for the region, including Buncombe, Henderson, Transylvania & Madison Counties.
The Consolidated Plan is carried out through Annual Action Plans, which provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plan.
Grantees report on accomplishments and progress toward Consolidated Plan and Annual Action Plan goals in the Consolidated Annual Performance and Evaluation Report (CAPER).
For the market conditions and Housing Needs Assessment (HNA), the City of Asheville partnered with Bowen National Research to produce the Asheville, North Carolina Region Housing Needs Assessment.
For the 5 Year Consolidated Plan, the City of Asheville partnered with the Land of Sky Regional Council of Governments (LOSRC).
The City of Asheville is the Entitlement Community for the CDBG Funding and the Participating Jurisdiction for the HOME Funding.
Outreach:
Staff conducted outreach at 9 community events and meetings and held 7 focus group meetings bringing together housing advocates, developers and administrators from the public, private and non-profit sectors in each of the four Consortium counties.
In addition, two evening public meetings were held at the Stephens Lee Community Center, and the Housing Needs Assessment was presented in a public meeting.
In total, 258 people participated in the focus groups and public meetings.
Additional public input was solicited through an online survey.
The survey was available on the City of Asheville’s Open City Hall platform, which automatically translates the survey into over 100 languages.
A participation link was emailed to focus group invitees, past grant recipients, community stakeholders, and local governments and area agencies were asked to distribute the link to their contacts.
A link to the survey was also published in the News section on the City of Asheville’s website, and on the Community & Economic Development webpage.
Availability of the survey was also publicized through the regional newspaper and through social media.
Paper copies of the survey, in English and in Spanish, were available at each public meeting, and were distributed to under-represented community organizations.
Over 300 responses were received and tabulated.
The Draft Con Plan was widely distributed in October and November of 2020.
It was posted on the City and LOSRC’s website, and its availability was noticed through email to all who attended the focus group and public forum events, those who were invited but could not attend, and to the general public through newspaper and social media notices.
The major objective of the citizen participation process has been to ensure that the diverse needs of the region have been heard, and that the broadest range of strategic responses to those needs have been explored. Housing & Community Development Priorities from Community & Stakeholder Outreach 1. New Rental for Households at or below 60% Area Median Income (AMI) 2. Special Needs Housing 3. Promote Homeownership for Low-Income Households 4. Target Low-Wealth Neighborhoods for Improvement 5. Preserve Existing Housing 6. Coordinate Housing Development with Transportation 7. Create Sustainable Jobs for Low-Income Persons 8. Job Training & Placement 9. Start-up and Growth of Small and Micro-Businesses 10. Support Services necessary for Employment 11. Improve Food Security, Healthy Food Availability 12. Develop Multi-Modal Transportation 13. Develop and Improve Community Centers 14. Services that Support Affordable Housing & Jobs 15. End Homelessness 16. Housing Services for Persons with Special Needs 17. Youth Services Committee(s):
Asheville Regional Housing Consortium Board
November 2, 2020
Approval Pro(s):
Approval of the 5 Year Consolidated Plan paves the way for HUD funding to be utilized by partners in the City of Asheville and the region, with funds to be used to create affordable housing, jobs and impact in our moderate and lower income communities. Con(s):
None Fiscal Impact:
The 5 Year Consolidated Plan includes the 20/21 Annual Action Plan which is fully funded from federal CDBG & HOME entitlement grants, unused funds from previously completed projects, and estimated program income.
Staff costs to administer the program are also fully paid from federal sources.
The funded programs will provide new construction and other economic activity in the City and the region, creating and sustaining employment and impacting moderate and low income communities. Mayor Manheimer opened the public hearing at 5:42 p.m. Ms. Ashley Cooper urged Council to step up our resources so we can follow through on what our plans lay out. 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,