City Council regular meeting — January 12, 2021

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Alcoholic Beverage Control (ABC) Board. The terms of Robin Cape and John Menkes expired on November 13, 2020. In addition, Januarie West has resigned, thus leaving an unexpired term until November 13, 2021. The following individuals applied for the vacancy: Sharon West, Robin Cape, Meaghan Austin, James J. Spencer, Keaton Edwards, David Angelus, Gregory Hill, Bill Kopp, Harry Michael Lanning, George Tsiros, Jeff Irvin, Nian W. Ivery and Johnnie N. Grant. On December 8, 2020, it was the recommendation of the Boards & Commissions Committee and consensus of City Council to re-advertise for these seats. The ABC Board recommends reappointment of Robin Cape, and recommended Sharon West, George Tsiros, Jeff Irvin or David Angelus. Boards & Commissions Committee recommended reappointing Robin Cape; and appointing Sharon West and Nian W. Avery.

Background:

• As part of the Fiscal Year 2021-2022 Operating and Capital Budget development process staff is proposing a budget schedule.
• In addition to meeting the statutory requirement that the City Council adopt a balanced budget before July 1, 2021, the FY22 budget process is intended to more clearly identify the links between service, program and project investments and community interests.
• Staff have already begun work to develop estimates for ongoing cost to deliver existing programs and services, needed capital infrastructure and facility investments, and major revenue sources.
• Unlike previous years, the process will include a higher level of community engagement as well as consultations with City Council beginning at a retreat and continuing through work sessions with a focus on
• Integrating with ongoing public engagement efforts building on the 30/60/90 day plan now called Advancing Racial Equity in Asheville.
• Reviewing key services to identify customer impact.
• Establishing clear goals to measure desired community outcomes.
• The process culminates with the following actions as required by state law:
• Formal presentation of the City Manager’s Proposed Budget on May 11, 2021.
• A Public Hearing on the Proposed Budget on May 25, 2021.
• Budget adoption June 8, 2021. Committee(s):
• None Pro(s):
• Provides City Council, staff, and the community with a calendar of upcoming dates related to development of the FY22 budget. Con(s):
• None.

Fiscal Impact:

• None.

Background:

• As part of the Fiscal Year 2021-2022 Operating and Capital Budget development process staff is proposing a budget schedule.
• In addition to meeting the statutory requirement that the City Council adopt a balanced budget before July 1, 2021, the FY22 budget process is intended to more clearly identify the links between service, program and project investments and community interests.
• Staff have already begun work to develop estimates for ongoing cost to deliver existing programs and services, needed capital infrastructure and facility investments, and major revenue sources.
• Unlike previous years, the process will include a higher level of community engagement as well as consultations with City Council beginning at a retreat and continuing through work sessions with a focus on
• Integrating with ongoing public engagement efforts building on the 30/60/90 day plan now called Advancing Racial Equity in Asheville.
• Reviewing key services to identify customer impact.
• Establishing clear goals to measure desired community outcomes.
• The process culminates with the following actions as required by state law:
• Formal presentation of the City Manager’s Proposed Budget on May 11, 2021.
• A Public Hearing on the Proposed Budget on May 25, 2021.
• Budget adoption June 8, 2021. Committee(s):
• None Pro(s):
• Provides City Council, staff, and the community with a calendar of upcoming dates related to development of the FY22 budget. Con(s):
• None.

Fiscal Impact:

• None.

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 per direction from the City-County Emergency Operations Center.
• 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.
• 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.
• On September 8, 2020, City Council adopted resolution 20-157 authorizing the City Manager to execute an amended services contract with Griffin Waste Services increasing the total by $65,000, from $89,000 to $154,000, allowing the vendor to perform the work through December 2020.
• 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 $45,000, from $154,000 to $199,000, will allow the vendor to perform the work through March 2021.

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. Committee(s):
• None Pro(s):
• Supports basic public health needs during a Pandemic Con(s):

None Fiscal Impact:

• Funding for this contract amendment of $45,000 is coming from Coronavirus Relief Funds (CRF). If operations are continued beyond March 2021, another funding source will need to be identified.

Background:

• City Council approved Resolution No. 20-198 on November 10, 2020, authorizing the City Manager to amend the Swiftly, Inc. agreement in order to increase the contract amount through Year 3 to $110,743 resulting in an increase to the total contract amount to $179,922.10.
• Swiftly, Inc. provides real-time passenger information services.
• The overall contract for the cumulative amount of four years has only changed by $1.00 The annual contract amounts are as follows:
• Year 1
• FY 2019 = $38,180.00
• Year 2
• FY 2020 = $30,999.00
• Year 3
• FY 2021 = $52,902.00
• Year 4
• FY 2022 = $57,842.10
• The total amount of the contract changed from $179,922.10 to $179,923.10. Committee(s):
• None. Pro(s):
• Provides the corrected amount needed through Year 3 of the agreement.
• Provides the corrected total contract amount through Year 4 of the agreement. Con(s):
• None.

Fiscal Impact:

• Funding for Year 3 of the agreement is included in the adopted Fiscal Year 2020-21 Transit Services operating budget and Funding for Year 4 will be included in the recommended Fiscal Year 2021-22 Transit Services operating budget.

Background:

• Extensive unsuitable soils, unexpected buried building debris, and pervasive groundwater were encountered during the installation of the stormwater system at Jake Rusher Park.
• Geotechnical analysis was performed on the site prior to construction.
• Summer rainfall events elevated the groundwater table and had a significant impact on the soil conditions encountered while burying the storm pipe.
• Changed site conditions resulted in excavations that filled with water which was not expected based upon the geotech analysis.
• Dealing with these unexpected site conditions required changes in the pipe installation methodology. A stone base and drains were required to provide a suitable substrate on which to install the pipe.
• Old boilers were also found buried on the site. This equipment was a remnant of a previous site use.
• This was an unexpected discovery but the debris had to be removed in order to complete the work on this site.
• There was no expectation that this type of debris would have been left buried from a previous use.
• These changes resulted in prices that exceeded the originally approved contract and contingency of $1,072,801 by $110,000.
• The original contracted completion date was October 2020. Due to the challenges described in this staff report and other weather related delays, the project will now be completed in the spring of 2021.

Vendor Outreach Efforts:

• This is a change to an existing contract. Committee(s):
• None. Pro(s):
• Provide needed infrastructure improvements for this South Asheville park which are scheduled for completion in the spring of 2021. Con(s):
• Unexpected increase in the project cost.
• Unexpected extension of the project schedule.

Fiscal Impact:

• Funding for this contract amendment will come from the Capital Improvement Program (CIP) contingency budget that was previously approved as part of the Fiscal Year 2020-21 Adopted Budget.

When Mayor Manheimer said that no Traffic Impact Analysis (TIA) has been reviewed by the City, Councilwoman Turner and Councilwoman Wisler said they would be okay in moving into the public hearing phase; however, they want to make sure that as soon as the TIA and recommendation from the N.C. Dept. of Transportation (NCDOT) is available, that it is provided to City Council. Councilwoman Turner felt that when the application is reviewed by City Council, it should have the TIA included. Principal Planner Shannon Tuch said that the TIA has been completed and sent to the NCDOT; however, staff has not heard the results. She did note that in the B.1 conditions, there is a condition that the applicant will be required to complete any recommendations identified through the TIA review process. She did note that most likely, those recommendations will be off-site and affect the roads around the project. Ms. Tuch said that this is the consideration of an ordinance to conditionally zone 32.2 acres of property located at 99999 Sand Hill Road from Commercial Industrial District to Commercial Expansion/Conditional Zone for an approximately 130,000 square foot warehouse and distribution facility and surface parking and vehicle storage areas, along with a change in the Future Land Use Map from Urban Center to Employment/Anchor Institution Center. This public hearing was advertised on January 1 and 8, 2021. Project Location and Contacts:

• The project site consists of a portion of a larger 45.4 acre parcel located at 99999 Sand Hill Road (PIN 9617-43-0440).
• Owner: Enka Partners of Asheville. Summary of

Petition:

• The applicant is proposing to build an approximately 130,000 square foot single-story warehouse building with an overall height of 48 feet.
• The application is for a rezoning via conditional zoning due to the size of the building, and includes a site plan and conditions proposed by the developer.
• 926,807 square feet or 21.3 acres (61% of the site) is covered with an impervious surface.
• The project includes 34.87 acres of disturbance with 3.17 acres of that disturbance occurring off-site for the purpose of constructing the access road and an above ground detention basin
• The site will obtain access via a new road construction off of Enka Heritage Way, which will connect to Smokey Park Highway (US 19/23) via a newly constructed bridge.
• A traffic impact analysis is required with the N.C. Dept. of Transportation to review and approve.
• The Enka Heritage Trail greenway and easement is planned to run along the west side of the property as identified on the landscape plan.
• Hominy Creek and tributaries are nearby, but off-site of the project area.
• 278 employee surface parking spaces are provided (including seven ADA spaces) as permitted by the City’s Unified Development Ordinance (UDO).
• 696 van storage spaces are also shown and are classified as outdoor vehicle storage.
• Sidewalks and/or striped pedestrian pathways connect the parking areas to the building; additional sidewalk is provided along the access drives and around the building and range in size from four feet to 12 feet wide.
• A wider 18 foot pedestrian/loading zone is located in front of the building.
• An existing historic clock tower is currently protected under Ordinance No. 3921 (2010) and is shown on the site plan and B1 conditions to be protected and preserved.
• If approved, the new ordinance will supplant the 2010 Ordinance.
• While historic, the tower is not a designated landmark or identified as a contributing structure to a registered historic district.
• Other key site features include:
• Permanent and construction easements for a segment of the Enka Heritage Trail Greenway.
• 15 percent of the site is set aside as open space.
• 10 to 11 percent of the site will be reforested to meet tree canopy requirements, the remaining nine to 10 percent will be provided through a fee-in-lieu.
• A portion of a new road (Enka Heritage Way) will be constructed as part of this project and maintained by NCDOT, connecting Smokey Park Highway (US 19/23) to Sand Hill Road.
• The project does not comply with the zoning standards in the following ways:
• Commercial Expansion requires 10 foot wide sidewalks throughout; the proposed plan provides a range of sidewalk widths from four to 12 feet wide.
• Commercial Expansion requires operable pedestrian entrances every 75’ along the primary facade; operable entrances will be provided as shown on the approved building elevations.
• Parking lot islands must maintain an average width of 10 feet; most islands will average nine feet wide as shown on the approved site plans.
• Outdoor site lighting shall maintain a Backlight-Uplight-Glare (“BUG”) rating of B3-U0-G3; approximately two thirds of onsite pole luminaires will be type 5 (360 degree) lamps which have a BUG rating of B4-U0-G2.

Comprehensive Plan Consistency:

• This proposal is consistent with the Living Asheville Comprehensive Plan themes of a “Livable Built Environment” and “Resilient Economy” by aligning with the following goals:
• Encourage Responsible Growth by directing growth in designated growth areas that provide access to housing, transportation, goods and services, and employment opportunities.
• Promote Great Architecture and Urban Design to Enhance Placemaking by encouraging the preservation of the historic Enka community clock tower.
• Make Streets More Walkable, Comfortable and Connected by preserving the opportunity for future greenway construction.
• Facilitate Real Estate Development that Maximizes Public Benefit by locating an employment opportunity in areas slated for future growth and in proximity to transportation and recreation facilities. The growth scenario maps all identify the areas around the intersection with Sand Hill Road and Smokey Park Highway as employment/anchor institution centers suitable for higher density/intensity development.

Compatibility Analysis:

• The proposed zoning and land use is compatible with the surrounding zoning and uses.
• South of the subject property is industrial (IND) zoned property that supports an active manufacturing plant; to the west is additional IND zoned property that supports the AB Tech Community College; to the east is a mix of industrial and warehouse uses located in Buncombe County and zoned Employment (EMP); and to the north across Smokey Park Highway is a mix of highway oriented commercial businesses zoned Highway Business (HB).
• The proposed development’s warehouse and distribution use contributes to the employment center that already exists in this location and is well located for access to transportation corridors. Committee(s):
• Technical Review Committee (TRC)
• November 16, 2020
• approved with conditions
• Planning & Zoning Commission (PZC)
• December 2 and 17, 2020
• recommend approval

Fiscal Impact:

• The proposed road improvements are not in the City's jurisdiction and will not be city maintained, while other service costs and are expected to be offset by anticipated property tax revenue (approximately $130,000 annually, based on an initial investment of $30 M). This project also supports the Asheville economy by providing approximately 115 full time, 50 part time, and 190 delivery service driver jobs (drivers are third party contractors). Ms. Tuch said that on the Site Plan, it shows 278 employee parking spaces, 696 van storage spaces, landscaping (parking lot, building impact), 21.3 acres (61%) of impervious surfaces, bioretention cells in parking lot + 2.3 acre pond, sidewalks (4-12’ wide, throughout site), tree preservation (reforest 10% + fee-in-lieu), open space, historic historic clock tower preserved and protected, greenway easements (to be coordinated with Buncombe County), access via new road construction, and bike lanes. The conditions, in general (1) one-story warehouse and distribution facility (a) approximately 130,000 square feet; (b) 278 employee parking spaces; (c) 696 van parking/storage spaces; (d) 31.7 acres of disturbance; and (e) landscape, open space and tree preservation requirements met; and (2) two access points from Enka Heritage Way (a) a Traffic Impact Analysis required and reviewed by the N.C. Dept. of Transportation
• any recommendations must be met; and (b) the new roadway and bridge will be maintained by the N.C. Dept. of Transportation. Modifications/exemptions from the conditions include (1) sidewalk width (varies 4-12’ throughout); (2) tree island width (9’ minimum); (3) spacing of pedestrian entrances (further than 75 feet apart); and (4) backlight rating exceeded (4 instead of 3) on most parking lot lights. In response to Councilwoman Wisler, Ms. Tuch provided information on why this area would have been identified as a future urban center, noting that there is tech and industrial property around it. When Councilwoman Roney asked about the annual property tax, Ms. Tuch said that the estimated amount is approximately $130,000, which will more than offset the City’s serve needs to this property. Mr. Brian Hall, Director of Development of Samet Corporation, said that jobs range in scale beginning at a minimum of $15.00/hour. There will be 115 full-time employees, 50 part-time employees and 190 service delivery drivers or independent delivery contractors, for a total of 355 jobs. Full-time employees begin benefits the first day hired and they include medical, dental and vision. This is a brownfields site and they are complying with the brownfields program. They have a work plan to be able to accommodate their proposed project into the N.C. Dept. of Environmental Quality for approval in accordance with the brownfields agreement. That involves creating, developing and constructing this site to protect against future environmental issues as well as allowing the site to move forward from its past of environmental contamination. Scopes of work include mitigation systems and barriers to protect the building. In the vehicle storage area, in addition to the bioretention cells and the landscaping islands and the trees, they have included in their plan an electrical conduit underneath that entire outdoor store area to allow a charging station at each one of the van parking spaces. In the future, as the electric vehicles are manufactured and available, the expectation is for that entire fleet of delivery service vehicles to be electric and to be able to be plugged in. They are investing roughly $3.5 Million now on that electrical conduit to be able to accommodate those electric vehicles as they become available. As part of the project on the construction side, they will adhere to the construction pollution prevention plans on site, including erosion control and stormwater quantity and quality retention on site. In addition to the commitment to the greenway and preservation of the historic clock tower, they will be happy to reforest and replant 10% of trees on the site that doesn’t really have any. Regarding the TIA, that was completed three weeks ago and submitted to the NCDOT. The NCDOT said they would respond by January 19. He noted that they have committed upfront that any recommendation from the NCDOT for traffic mitigation will be incorporated into their plan. Mayor Manheimer opened the public hearing at 6:41 p.m. From advanced live call-ins, 3 individuals spoke in support of this project. In response to Councilwoman Roney, Mayor Manheimer said that at the January 26 meeting when this vote will be taken, there will be an opportunity for Council to deliberate, but there will be no future public comment. However, she did note that the public is able to submit written comments on any public hearings 24 hours after the hearings and City Council will be provided with those comments. In response to Councilwoman Turner, Mr. Hall said that the electric delivery vehicles should be available in 24-36 months and once those have been acquired, they want to immediately switch over to all electric service vans. Regarding solar, their plans include construction of the building roof to be capable of holding solar panels. But since the electrical service for the building and vehicles is a complex electric system, they also anticipate 24-36 months to have the solar panels installed. When Councilwoman Turner asked about the traffic impact, Mr. Hall said that the facility would receive approximately 16 truckloads a day, which would be 16 truck movements in and out a day to supply to the facility. They often come in during the evenings hours to restock. The products in the building are then loaded on the delivery service vehicles, generally in the morning, and then dispersed throughout the day. Often, there is a second shift later in the day, based on customer demand. Mayor Manheimer wondered if there has been an analysis done on the number of miles driven by consumers to pick up their goods vs. having the delivery truck deliver the goods. When Councilwoman Turner and Councilwoman Roney expressed concern about losing land that could be used for affordable housing, Mr. Hall stated that the brownfields agreement in place for that site specifically states that residential is not allowed based on its previous contamination. In addition, Assistant City Manager Cathy Ball noted that the property is deed restricted against residential. 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,

Interim Human Resources Director Shannon Barrett said that this public hearing on the Civil Service Board Substantive Rules was advertised on January 1 and 8, 2021. Background:

• The Asheville Civil Service Act provides that the Civil Service Board (“CSB”) “shall make . . . substantive rules for promoting efficiency in the classified service of the City.”
• The act further provides that the City Council, after giving members of the classified service and citizens of Asheville an opportunity to be heard at a public hearing, shall act upon the proposed rules and amendments, which become effective upon approval by a majority vote of the Council.
• On December 3, 2020, the CSB voted to approve substantive rules clarifying important aspects of the City’s personnel administration and the Board’s jurisdiction, including definitions of terms (such as demotion, discharge, due process,and suspension), important to the City’s personnel administration and the Board’s standard of review for grievance hearings. Pro(s):
• Will provide employees, the City, and members of the Board with clarity about the types of employment actions falling under the Board’s jurisdiction, as well as the standards the Board uses when determining whether a complaint of employment action is justified. Con(s):

None Fiscal Impact:

• None Deputy City Attorney John Maddux said that the Civil Service Act passed in 1953 and it applies only to the City of Asheville. Two it has two main functions (1) review promotional criteria in Police & Fire Departments and (2) hear certain employee grievances. The Civil Service Act was revised in 2009 that required that the Civil Service Board pass substantive rules, subject to amendment and adoption by City Council. Procedural rules were adopted in 2013 and a subcommittee was formed in 2014; however, rules were not finalized. The lack of substantive rules is not an issue for day-to-day administration since employees operate under City Manager administrative and departmental rules. Clarification is needed for how the Civil Service Board will resolve issues in grievance hearings
• to define common terms and clarify hearing standards. In 2020 the Civil Service Board and City staff collaborated on development of substantive rules (1) engaged proactively with employee associations; and (2) agreement that engagement should value accountability and respect for employees’ due process rights. Ms. Barrett reviewed the following definitions (1) Classified Service
• city personnel as defined in the Civil Service Act, which includes personnel below the Assistant Department Director level; (2) Demotion
• involuntary and permanent reassignment into a position in a lower pay grade; (3) Discharge
• involuntary and permanent separation from employment with the City due to violation of a City policy or unsatisfactory work performance; (4) Entitled
• an absolute right to a promotion or a raise in pay automatically due to employee based on specific criteria, i.e., time in service, educational attainment, etc.; (5) Suspension
• involuntary and temporary unpaid leave of more than 14 calendar days; (6) Transfer
• involuntary and temporary reassignment into a position in a different City department; (7) Due Process
• notice of allocations and an opportunity to be heard by a department director prior to a decision, and if the employee utilizes a disciplinary matrix, discipline that accords with that matrix; and (8) Probationary Employees
• newly hired, rehired, promoted, or voluntary transferred employees are probationary employees for 365 calendar days. Mr. Maddux said that regarding grievance hearing standards
• justified means (1) two part test (a) employee received due process, and (2) employee violated a City or departmental policy, rule or code of conduct, according to abuse of discretion standards; and (2) abuse of discretion
• a decision that is clearly unreasonable, erroneous, or arbitrary. Councilwoman Wisler, liaison to the Civil Service Board for seven years, felt this is a long-time coming and thanked City staff for their hard work on bringing this forward. Mr. Maddux responded to Councilwoman Kilgore regarding the probation period of 365 calendar days. Mr. Maddux responded to Councilwoman Roney who asked if this item was reviewed by a City Council Committee or were there opportunities for the public to engage in this process. In addition, she asked the reason for the dissenting vote by the one Civil Service Board member. Mr. Maddux did not want to speak for the dissenting Civil Service Board member; however, he felt that the member felt this took away too much of the Board’s discretion and put it in the hands of department directors. Staff felt that this is putting more discretion in the department directors who actually oversee the employee, but there is still a role for the Civil Service Board. Regarding public engagement, employee associations for police officers and firefighters were engaged, as well as working with the City's HR department on behalf of all employees. City Attorney Branham noted that for some time we have been working closely with a lot of neighborhood advocacy groups as well as a number of individuals regarding global efforts to deal with several aspects of employee accountability, in particular the Asheville Police Department. The mutual goal has been to improve the City's ability to hold employees accountable when warranted, while still protecting the due process rights of employees. This effort has been one aspect of that broader initiative, and multiple public advocacy groups have been a part of these discussions. Councilwoman Roney requested information on engagement of community partners who have been at the table regarding the Civil Service Board, with Councilwoman Turner suggesting some analysis of what we have and what this changes. Councilwoman Wisler noted that she talked with a representative of the racial justice coalition about the changes. Mr. Maddux noted that he received an email from a community member and he provided a very extensive response, asking him to contact him if he had questions. He felt the process was transparent in that there were several Civil Service Board meetings. Councilwoman Turner noted that the community member did state that he felt the changes were moving in the right direction. Vice-Mayor Smith felt that we need to reach out to people who have the specific skill set and a deeper level with those who are familiar with due process or legal definition. Mayor Manheimer felt that these rules are more about process and are administratively oriented since these are internally process rules. Mayor Manheimer opened the public hearing at 7:53 p.m. Mayor Manheimer announced that there were no advanced live call-ins for this public hearing item. 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,

Interim Human Resources Director Shannon Barrett said that this public hearing on the Civil Service Board Substantive Rules was advertised on January 1 and 8, 2021. Background:

• The Asheville Civil Service Act provides that the Civil Service Board (“CSB”) “shall make . . . substantive rules for promoting efficiency in the classified service of the City.”
• The act further provides that the City Council, after giving members of the classified service and citizens of Asheville an opportunity to be heard at a public hearing, shall act upon the proposed rules and amendments, which become effective upon approval by a majority vote of the Council.
• On December 3, 2020, the CSB voted to approve substantive rules clarifying important aspects of the City’s personnel administration and the Board’s jurisdiction, including definitions of terms (such as demotion, discharge, due process,and suspension), important to the City’s personnel administration and the Board’s standard of review for grievance hearings. Pro(s):
• Will provide employees, the City, and members of the Board with clarity about the types of employment actions falling under the Board’s jurisdiction, as well as the standards the Board uses when determining whether a complaint of employment action is justified. Con(s):

None Fiscal Impact:

• None Deputy City Attorney John Maddux said that the Civil Service Act passed in 1953 and it applies only to the City of Asheville. Two it has two main functions (1) review promotional criteria in Police & Fire Departments and (2) hear certain employee grievances. The Civil Service Act was revised in 2009 that required that the Civil Service Board pass substantive rules, subject to amendment and adoption by City Council. Procedural rules were adopted in 2013 and a subcommittee was formed in 2014; however, rules were not finalized. The lack of substantive rules is not an issue for day-to-day administration since employees operate under City Manager administrative and departmental rules. Clarification is needed for how the Civil Service Board will resolve issues in grievance hearings
• to define common terms and clarify hearing standards. In 2020 the Civil Service Board and City staff collaborated on development of substantive rules (1) engaged proactively with employee associations; and (2) agreement that engagement should value accountability and respect for employees’ due process rights. Ms. Barrett reviewed the following definitions (1) Classified Service
• city personnel as defined in the Civil Service Act, which includes personnel below the Assistant Department Director level; (2) Demotion
• involuntary and permanent reassignment into a position in a lower pay grade; (3) Discharge
• involuntary and permanent separation from employment with the City due to violation of a City policy or unsatisfactory work performance; (4) Entitled
• an absolute right to a promotion or a raise in pay automatically due to employee based on specific criteria, i.e., time in service, educational attainment, etc.; (5) Suspension
• involuntary and temporary unpaid leave of more than 14 calendar days; (6) Transfer
• involuntary and temporary reassignment into a position in a different City department; (7) Due Process
• notice of allocations and an opportunity to be heard by a department director prior to a decision, and if the employee utilizes a disciplinary matrix, discipline that accords with that matrix; and (8) Probationary Employees
• newly hired, rehired, promoted, or voluntary transferred employees are probationary employees for 365 calendar days. Mr. Maddux said that regarding grievance hearing standards
• justified means (1) two part test (a) employee received due process, and (2) employee violated a City or departmental policy, rule or code of conduct, according to abuse of discretion standards; and (2) abuse of discretion
• a decision that is clearly unreasonable, erroneous, or arbitrary. Councilwoman Wisler, liaison to the Civil Service Board for seven years, felt this is a long-time coming and thanked City staff for their hard work on bringing this forward. Mr. Maddux responded to Councilwoman Kilgore regarding the probation period of 365 calendar days. Mr. Maddux responded to Councilwoman Roney who asked if this item was reviewed by a City Council Committee or were there opportunities for the public to engage in this process. In addition, she asked the reason for the dissenting vote by the one Civil Service Board member. Mr. Maddux did not want to speak for the dissenting Civil Service Board member; however, he felt that the member felt this took away too much of the Board’s discretion and put it in the hands of department directors. Staff felt that this is putting more discretion in the department directors who actually oversee the employee, but there is still a role for the Civil Service Board. Regarding public engagement, employee associations for police officers and firefighters were engaged, as well as working with the City's HR department on behalf of all employees. City Attorney Branham noted that for some time we have been working closely with a lot of neighborhood advocacy groups as well as a number of individuals regarding global efforts to deal with several aspects of employee accountability, in particular the Asheville Police Department. The mutual goal has been to improve the City's ability to hold employees accountable when warranted, while still protecting the due process rights of employees. This effort has been one aspect of that broader initiative, and multiple public advocacy groups have been a part of these discussions. Councilwoman Roney requested information on engagement of community partners who have been at the table regarding the Civil Service Board, with Councilwoman Turner suggesting some analysis of what we have and what this changes. Councilwoman Wisler noted that she talked with a representative of the racial justice coalition about the changes. Mr. Maddux noted that he received an email from a community member and he provided a very extensive response, asking him to contact him if he had questions. He felt the process was transparent in that there were several Civil Service Board meetings. Councilwoman Turner noted that the community member did state that he felt the changes were moving in the right direction. Vice-Mayor Smith felt that we need to reach out to people who have the specific skill set and a deeper level with those who are familiar with due process or legal definition. Mayor Manheimer felt that these rules are more about process and are administratively oriented since these are internally process rules. Mayor Manheimer opened the public hearing at 7:53 p.m. Mayor Manheimer announced that there were no advanced live call-ins for this public hearing item. 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 Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Affordable Housing Advisory Committee. Sage Turner has resigned, thus leaving an unexpired term until September 1, 2022. The following individuals applied for the vacancy: Rodrigo Afanador, Damita Jo Wilder, Eric Howell, Michael G. Waddle, Joshua Katz, ZaKiya Bell-Rogers, Henry Sannyasa, Cyd Jaggers, Chris Woodward, DeLores Venable, Jessica Montanez, Shannon M. Watkins, Barbara Ann Philip and Chris Day. The Affordable Housing Advisory Committee Board chair recommended Chris Day. The Boards & Commissions Committee recommended appointing Barbara Ann Philp.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Planning & Zoning Commission. Sandra Kilgore has resigned, thus leaving an unexpired term until August 14, 2023. The following individuals applied for the vacancy: Sherrye Coggiola, Kimberly Levi, Roosevelt Harvin, Robert Frances Hoke, Ricardo Seijo and Sara Wilcox. The Planning & Zoning Commission recommended (in order) Robert Frances Hoke, Ricardo Seijo or Sherry Coggiola. The Boards & Commissions Committee recommended appointing Robert Frances Hoke.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Sustainable Advisory Committee on Energy & the Environment (SACEE). The terms of Geoffrey Habron, Renee Mazurek and John Noor, as members of SACEE, expired on December 31, 2020. The following individuals applied for the vacancy: Kim Austin, Steven Baron, Lynn Hurley, Carlisle Rankin Harper, Ben Prater, Kathryn Ancaya, Tim Ormond and Kelsey Wood. The SACEE Board recommended and the Boards & Commissions Committee recommended appointing Tim Ormond, Steven Baron and Kim Austin.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Urban Forestry Commission. The terms of Cecil Bothwell, Sharon Sumrall and Perrin de Jong as members of the Urban Forestry Commission, expired on December 31, 2020. The following individuals applied for the vacancy: Catherine Murphy, Deborah Margaritov and Zoe A. Hoyle. The Urban Forestry Commission chair and the Boards & Commissions Committee recommended reappointing Cecil Bothwell, Sharon Sumrall and Perrin de Jong.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the African American Heritage Commission. S. Antanette Mosley has resigned, thus leaving an unexpired term until July 1, 2022. The following individuals applied for the vacancy: Thomas Ryan, Dewayne McAfee and Beverly Miller. The African American Heritage Commission and the Boards & Commissions Committee recommended appointing Beverly Miller.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Board of Adjustment. The terms of Phillip Hardin (Regular member), Paul Wilczynski (Regular member), John Michael Kledis (Alternate member) and Suzanne Godsey (Alternate member) expire on January 21, 2021. In addition, due to a discrepancy between the Unified Development Ordinance and Session Laws, City Council should appoint another Alternate member. (Buncombe County now appoints only one Regular and one Alternate member

• not two Alternate members). No individuals applied for the vacancies. Boards & Commissions Committee recommended reappointing Paul Wilczynsky (Regular Member), Suzanne Godsey (Regular Member) and John Michael Kledis (Alternate Member). In addition, it was their consensus to re-advertise for the remaining two Alternate seats.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Downtown Commission. Pamela Winkler has resigned, thus leaving an unexpired term until December 31, 2021. In addition, the terms of Andrew Fletcher, Kimberly Hunter and Steven Lee Johnson expired on December 31, 2020. The following individuals applied for the vacancy: Joy Wilson, Tal Frankfurt, Douglas Buchalter, Guillermo Rodriguez, Clair Greear and Ricardo Seijp. The Downtown Commission and the Boards & Commissions Committee recommended rappointing Andrew Fletcher, Kimberly Hunter and Steven Lee Johnson and appointing Guillermo Rodriguez.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Human Relations Commission. Zakiya Bell-Rogers, Nicole Townsend and Daniele Martin have resigned as members of the Human Relations Commission, thus leaving unexpired terms until June 1, 2021. The following individuals applied for the vacancy: Suzy Chandler, Bennie Lee Miller, Alexandra DiSclarfani, Britni Worley, Ricky McGrath, Emma Nichole Worthy, Melanie Noyes, Tim Collins and Daniel Young. The Human Relations Commission and the Boards & Commissions Committee recommended appointing Daniel Young, Susy Chandler and Melanie Noyes. In response to Councilwoman Turner, Councilwoman Roney, newly appointed liaison to the Human Relations Commission, said that she does not have any information on the reasons for the three vacancies; however, the City Clerk’s Office does send outgoing members with an exit interview form, which are then sent to City Council.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Metropolitan Sewerage District Board of Directors. The term of Gwen Wisler expires on January 19, 2021. No individual applied for the vacancy. Boards & Commissions Committee recommended reappointing Gwen Wisler.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Multimodal Transportation Commission. The term of Rich Lee (at-large representative) expired on July 1, 2020. Michael Stratton, currently a bike/ped task force member, will be filling the at-large seat until July 1, 2023. Therefore, there is a vacancy for Mr. Stratton’s vacant bike/ped task force seat until July 1, 2021. The following individuals applied for the vacancy: Sandy Aldridge, Kristen Goldsmith, Marty Shults, Joseph Chester, Maggie Ullman, Bill Loftis, Christine Harris and Micah McLain. On December 8, 2020, it was the recommendation of the Multimodal Transportation Commission and consensus of Council to readvertise for the at-large seat. The Multimodal Transportation Commission recommended, and the Boards & Commissions Committee concurred to appoint Michael Stratton as the at-large representative, and Maggie Ullman to serve as the bike/ped task force member.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Neighborhood Advisory Committee. The term of Philip Lenowitz (28804 representative) expired on July 1, 2020. In addition, Diane Dankert (at-large representative) has resigned, thus leaving an unexpired term until July 1, 2023. The following individuals applied for the vacancy: Damita Jo Wilder (requested her name be removed from consideration), Bonnie Snyder Hanrick, Peter Abzug, Wendy Haner and Sandra K. Smith. On December 8, 2020, it was the consensus of Council to re-advertise for the seat, since no one was eligible for the 28804 zip code. The Neighborhood Advisory Committee, and the Boards & Commissions Committee recommended appointing Wendy Haner (28804 representative) and Peter Abzug (at-large representative).