City Council regular meeting — March 23, 2021

Summary: City Council will hold their annual retreat on March 31 and April 1, 2021. The March 31 meeting will begin at 3:00 p.m. and the April 1 meeting will begin at 8:30 a.m., both on the Arena Floor of Harrah’s Cherokee Center

• Asheville, located at 87 Haywood Street, Asheville, N.C. This retreat will be in-person for Council members, a small number of staff, facilitators and members of the media; however, due to COVID restrictions, the public should continue to view the meeting virtually. Members of the City Council and City staff will meet on March 31st prior to the start of the public meeting, but no public business will be deliberated and no actions will be taken. This portion of the retreat will not be open to the public. Members of the public and media will be provided a means to view the meeting remotely, but no public comment will be taken. Two individuals encouraged City Council to provide greater details (including the retreat agenda) and more transparency to the retreat. Each requested public comment be allowed during the retreat with live call-ins.

Background:

• Approval of this contract will allow the City’s Lobbyist to continue his legislative services.
• The previous contract was also for $72,000 annually, and the renewal will continue at this same annual rate.
• The City has the option to renew the contract annually for up to two years. Committee(s):
• None Pro(s):
• Will allow for continued legislative services in the North Carolina General Assembly. Con(s):
• None

Fiscal Impact:

• The City of Asheville will pay $72,000 annually to renew the government relations contract, and have the option to extend this agreement for up to two additional one year terms at the same annual rate.
• Funding for the contract is included in the General Fund budget.

Background:

• On January 27, 2021, the Water Resources Department (WRD) issued an Advertisement for Bids for the Water System Neighborhood Enhancement Project Area 6.
• The scope of work for this project includes the installation of approximately 5,100 Linear Feet of 8-inch and 6,700 Linear Feet of 6-inch waterline and appurtenances along Livingston Street & Depot Street; Old Shoals Road Extension; Monte Vista Place; Downing Street; Frederick Street; Britt Drive; Hilltopia Road; Plateau Road; and Pine Tree Drive.
• This proposed project has been determined to be a critical installation that will increase the water system’s reliability by replacing undersized and older waterlines that have high failure rates and also by providing improved water pressure and flow characteristics for domestic service and fire fighting capabilities.
• In response to the Advertisement for Bids, the WRD received the following seven (7) bids on February 25, 2021: 1. Hyatt Pipeline, LLC: Canton, NC
• Bid: $2,038,917.55 2. Appalachian Sitework, Inc: Waynesville, NC
• Bid: $2,071,865.23 3. T.P. Howard Plumbing Company, Inc: Fairview, NC
• Bid: $2,191,000.00 4. Cooper Construction Company, Inc: Hendersonville, NC
• Bid: 2,311,138.00 5. Huntley Construction Company: Asheville, NC
• Bid: $2,325,000.00 6. Buckeye Bridge, LLC: Canton, NC
• Bid: $2,464,805.50 7. Carolina Specialties Construction, LLC: Hendersonville, NC
• Bid: $2,700,190.05
• Following city staff’s review of the bids, Hyatt Pipeline, LLC, was selected as the lowest responsible, responsive bidder.
• The WRD requests authorization to contract with Hyatt Pipeline, LLC. for the bid amount of $2,038,917.55 plus a 10% contingency in the amount of $203,891.75 for a total project budget in the amount of $2,242,809.31.

Vendor Outreach Efforts:

• Staff performed outreach to minority and women owned businesses through the solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services.
• No MWBE firms submitted bids as the prime contractor.
• The advertisement and bidding process adhered to the current Asheville Business Inclusion (ABI) policy.
• Staff coordinated the advertisement and bid with the ABI office to ensure compliance with the policy. Committee(s):
• Not Applicable. Pro(s):
• This project is aligned with the City and the Water Resources Department goal of continued investment and improvement of the City’s water system through Capital Improvement Projects to provide safe and reliable service. Con(s):
• None.

Fiscal Impact:

• Funds needed for this construction agreement are already budgeted in the “Small Waterline Replacement Projects” within the Water Resources Capital Improvement Fund.

Background:

• The 3.5 mile greenway corridor is located on the east bank of the French Broad River between Broadway Street and Amboy Road.
• Nearly two-thirds of the corridor was recently completed with the RADTIP project and the remaining third will be designed during FY 2020-21.
• The City’s Greenway Master Plan refers to the greenway as the French Broad River East Bank Greenway.
• Wilma Dykeman, born and raised in Asheville, was an author and environmental steward of the French Broad River.
• She highlighted pollution in the French Broad River in her 1955 book The French Broad, which won the first Thomas Wolfe Memorial Literary Prize.
• The City’s existing comprehensive riverfront plan is named after Wilma Dykeman.
• The proposed name change is intended to recognize Dykeman's contributions, but will also aid in distinguishing the east and west-side greenways along the French Broad River.
• RiverLink assisted the City with public engagement by releasing a survey seeking input on the proposed name change and it indicated broad support of the name change. Committee(s):
• Greenway Committee
• January 7, 2021
• recommend approval
• Multimodal Transportation Commission
• February 24, 2021
• recommend approval Pro(s):
• Honors Wilma Dykeman for her legacy of environmental stewardship of the French Broad River.
• Eliminates confusion of the greenways located on each side of the river. Con(s):

None Fiscal Impact:

• None

Background:

• The City of Asheville requires the legal services of bond counsel to review, prepare, and assist the City in matters related to bond issuance. These services include:
• participation in meetings with City staff and, to the extent deemed necessary by the City staff, with the City Council;
• preparation of the amendments and supplements to the Indenture, Installment Financing Contract and the Deed of Trust, as necessary, under which the Bonds will be issued and various resolutions and notices, relating to the authorization, execution and delivery of the Bonds;
• preparation of all other papers required as a condition precedent to the execution and delivery of the Bonds;
• assistance to the City with respect to matters before the Local Government Commission;
• participation with the underwriter and its counsel in the review of the documents for the sale of the Bonds;
• preparation of necessary resolutions and documentation for approval by the Asheville Public Financing Corporation (“APFC”) and participation with counsel to the APFC related to the closing for the Bonds;
• and delivery of an opinion as to the validity of the Bonds and the federal and state tax treatment of the interest on the Bonds, subject to usual and customary exceptions.
• Parker Poe has a long-standing client relationship with the City, providing necessary bond counsel services to the City of Asheville with satisfactory results.
• Per State statute and City policy, this type of contract is exempt from competitive bidding.
• North Carolina law prohibits the City Attorney, or any assistant city attorney from performing this function, therefore external counsel is required. Committee(s):
• None Pro(s):
• Contracting with this firm provides necessary outside expertise that enhances the City’s financial management; and
• Statute requires outside bond counsel when issuing debt. Con(s):
• None.

Fiscal Impact:

• This not-to-exceed $500,000, multi-year contract, will be funded each year as needed, based on the services to be rendered to each department. Funding for this contract is included as part of the Capital Improvement Program (CIP)/Debt program.

Background:

• The Parks & Recreation Department operates three community pools & an interactive fountain from June
• August.
• It has become increasingly difficult to recruit, hire and train qualified temporary seasonal workers.
• A Request for Proposals was advertised for interested companies to operate and maintain the three City of Asheville pools and Splasheville interactive fountain for one year with an option to renew for an additional two years.
• There were 3 proposals received:
• Swim Club Management Group, Inc, Asheville, NC.: $191,900
• USA Pools of North Carolina, Charlotte, NC: $279,250
• Pool Management, Inc, Cumming, GA: $206,161
• Swim Club Management Group, Inc. was selected based on the qualifications, understanding of the scope of services, cost, and availability.
• Swim Club Management Group, Inc. will provide all labor, materials and supplies for the operations and management of the City’s aquatic facilities.
• The average annual cost to operate the three community pools in-house has been approximately $200,000.

Vendor Outreach Efforts:

• Staff performed outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers.
• Advertisement and outreach was provided by the Asheville Business Inclusion office.
• None of the bidders were Minority & Women-Owned Business Enterprise (MWBE). Committee(s):
• None Pro(s):
• Contracting with a professional aquatic facilities management company for operations and maintenance ensures community pools will be operated in a safe, efficient manner and eliminate the obstacles associated with retaining an adequate number of certified staff.
• Reduces the seasonal hiring impacts on the Human Resources Department to recruit, hire and on-board temporary employees.
• Community pool operations will be operated with the adequate number of certified staff for the pool season. Con(s):
• The current COVID restrictions for pools may limit the ability to hire staff in time to open the pools.

Fiscal Impact:

• Funding for this contract exists within the currently approved Parks & Recreation department operating budget for pool staffing and operations.
• The contract amount is budgeted in Parks and Rec in the operating budget.

Background:

• The purpose of this project is to make improvements to the stormwater system and roadway along portions of Forest Hill Drive and Caledonia Road.
• Caledonia Road is a bond resurfacing project and a continuation of the previous Caledonia Road Resurfacing project.
• The Forest Hill Drive section of the project is funded by the Stormwater Capital Fund and makes a critical connection between the Kenilworth Road stormwater system and the Caledonia Road stormwater system.
• Several new inlets will be added and new pipes installed inside the right-of-way of Forest Hill Drive (from Caledonia to Kenilworth Road) and the upper portion of Caledonia Road to improve drainage and reduce stormwater on the roadway.
• Concrete curb will also be installed to allow stormwater to be intercepted without causing erosion along the road edge.
• Road safety improvements include:
• a modification of the intersection of Caledonia Road, just before Forest Hill Drive,
• speed humps to slow traffic on either side of the stop sign, and
• resurfacing the remaining section of Caledonia Road and Forest Hill Drive (from Caledonia to Kenilworth Road).
• This project is funded with 2016 General Obligation (GO) bond funds, Stormwater capital funds, and General capital funds.
• GO bond contribution is $383,368.80
• Stormwater Capital Fund contribution is $254,179.20
• General Capital Fund contribution (speed humps only) is $8,400.
• The project was advertised on January 26, 2021.
• A total of five contractors attended the non-mandatory pre-bid meeting.
• The project had an original bid due date of February 18, 2021.
• Only two bids were received, therefore, a formal bid opening was not able to occur.
• The project was re-advertised on February 19, 2021, and a formal bid opening occurred on March 4, 2021 at 3:00 pm.
• The following three (3) bids were received on March 4, 2021 and reviewed:
• Moore & Son Site Contractors, Inc. of Mills River, NC at $538,290
• B.H. Graning Contracting, Inc. of Sylva, NC at $633,110.67, and
• RPM Partners, Inc. of Kernersville, NC at $1,349,580.
• The lowest responsive, responsible bidder was Moore & Son Site Contractors, Inc.
• Construction is anticipated to start mid-April, weather permitting.
• The project should be completed in just over eight months.

Vendor Outreach Efforts:

• The City’s Goal Setting Committee has set an annual aspirational goal for construction projects at 4.6% MWBE participation, in alignment with the City’s Business Inclusion Policy.
• Staff performed outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System, the City of Asheville website, the City of Asheville Twitter account, and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services.
• Stormwater staff also reached out to MWBE contractors that were identified through Yoruba Life, NCDOT HUB certified website, and The Color of Asheville directory.
• Past contractors who have shown interest in bidding on City of Asheville projects were informed about the project’s advertisement.
• During preparation for advertising this contract, the contract was shared with the Business Inclusion Manager in the Community & Economic Development Department.
• Out of the three (3) bids received, one (1) bidder self-identified as a MWBE business owner and would be utilizing MWBE subcontractors.
• One (1) bidder indicated that they would be utilizing a MWBE sub-contractor.
• One (1) bidder indicated they would self-perform all work on the contract.
• The lowest responsive, responsible bidder indicated they would self-perform all the work on the contract.
• The Asheville Business Inclusion Office reviewed their bid submission and found the bid was compliant with the ABI Policy for a self-performing contractor.
• The two bidders that were utilizing MWBE subcontractors were not selected because their bid amounts were significantly higher than the lowest responsive, responsible bidder. Committee(s):
• None Pro(s):
• The contract will replace an inadequate stormwater system and provide roadway improvements within the city right of way, including speed humps and realignment of an existing non-typical street intersection.
• The new stormwater system will improve roadway drainage and provide stormwater conveyance inside the right-of-way.
• The project will improve public safety in the neighborhood, as well as reduce liability to the City. Con(s):
• Construction may be somewhat disruptive to nearby residences.
• Efforts will be made to notify the residents and minimize disruptions.

Fiscal Impact:

• Funding for this project is already budgeted in the General Capital Fund (2016 GO Bond Program) and the Stormwater Capital Fund.

Background:

• Cityworks asset management software provides a platform for Water Resources and Public Works asset management, work orders, and reporting.
• This is an annual software renewal to allow for continued use of Cityworks software.
• It is highly integrated with the City’s GIS program and includes all major physical assets maintained by Water Resources and Public Works (water mains, valves, hydrants, streets, fleet vehicles, etc.).
• One component added in 2020, the Metrics Application Programming Interface (API), allows for integration between Cityworks and Fleet Services’ fuel management system.
• This streamlines data entry, increases efficiency, and automates the creation of cyclical work orders and reports.

Vendor Outreach Efforts:

• The City of Asheville conducted a competitive procurement process for an asset management software system for both Public Works and Water in 2016 and 2017.
• There are a limited number of vendors providing enterprise asset management software.
• After reviewing all available options, Azteca Cityworks was selected as the best overall value for the City of Asheville. Committee(s):
• None Pro(s):
• More efficient management of Water Resources and Public Works physical assets and infrastructure.
• Automation of work orders and reporting. Con(s):
• If continued funding is not appropriated, it will have a significant negative impact on the ability of the Water Resources and Public Works departments to proactively manage and maintain critical infrastructure.

Fiscal Impact:

• The annual software renewal cost is $66,000. This includes $60,000 that was originally adopted as part of the Fiscal Year 2020-21 Water Resources budget.
• The additional $6,000 covers the Metrics Application Programming Interface (API) and will come from the Public Works Fiscal Year 2020-21 budget.

Background:

• The Affordable Housing Advisory Committee was established in June, 2011, with a 9 member board, and updated in March, 2019, to an 11 member board.
• AHAC would like to add two additional members to the Committee with Housing Experience as stated in the By-Laws.
• One of the new board members would be from The Housing Authority of the City of Asheville (HACA), with expertise in public housing and vouchers.
• The second new board member would have general housing experience. Committee(s):
• Affordable Housing Advisory Committee
• February 1, 2021
• Passed unanimously
• Boards & Commissions
• March 9, 2021
• Passed unanimously Pro(s):
• Additional diversity on the AHAC Committee, adding expertise from HACA Con(s):

None Fiscal Impact:

• None

Background:

• The Fire Station #4 renovation is currently underway with an estimated substantial completion date of May 2021.
• The project will require specific equipment or systems to be procured with sole source methods.
• These methods are in the best interest of the City for the reasons identified below. Sole Source Requests
• NCGS 143-129 (e) 6 allows for Purchases of apparatus, supplies, materials, or equipment when: (i) performance or price competition for a product is not available; (ii) a needed product is available from only one source of supply; or (iii) standardization or compatibility is the overriding consideration.
• City Council must approve these items which are to be purchased for installation outside of the construction contract.
• Mach Alert Station Alerting
• Fire Station #4
• Mach Alert is the fire station alerting system that is used in every Asheville fire station to notify firefighters to respond to incidents.
• The system is integrated within the city’s radio system and dispatch center to create a single comprehensive notification system.
• The Asheville Fire Department has been using the Mach-Alert fire station alerting system since 2016.
• Changing vendors for the fire station alerting system at Fire Station #4 would require replacement of the current systems located within each of the fire stations and include replacement of the network infrastructure at the dispatch center.
• A stand alone system would be incompatible with the rest of the alerting system and the comprehensive notification across the City would not be possible.

Vendor Outreach Efforts:

• Sole source procurement allows for products to be purchased exclusively from one vendor in order to ensure the expansion of an existing system using proprietary components.
• In using sole source procurement, there is no outreach because the items are purchased from a specific vendor. Committee(s):
• None Pro(s):
• Provides systems that will continue standardization or compatibility with existing City systems.
• This will result in cost savings through reduced operations and maintenance. Con(s):
• Sole source procurements may reduce competitive pricing.

Fiscal Impact:

• The estimated cost of this upgrade is $50,000.
• The alternative would be to replace the system with a new system which would be significantly more expensive.

Background:

• On January 30, 2021, a City fire truck was totaled when it flipped over on highway I-26.
• The City filed an insurance claim with the City’s property insurance carrier seeking replacement cost for the totaled fire truck and equipment and anticipates to receive $650,000 in consideration for the loss, less a $100,000 deductible for a projected total of $550,000 in insurance recovery.
• The City seeks to allocate the insurance proceeds received to the Capital Projects Fund to apply towards the purchase of a new fire truck and equipment. Committee(s):
• None Pro(s):
• Allocates City selected replacement cost property insurance policy proceeds for the Asheville Fire Department rather than actual cash value insurance that depreciates assets; resulting in full cost insurance proceeds received to replace the totalled fire truck and equipment loss. Con(s):
• As it is an unplanned purchase, replacing the fire truck requires identifying an additional $100,000 in funding.

Fiscal Impact:

• $100,000 in additional funding from the annual Capital Improvement Program contingency will be utilized to fully fund the purchase of a replacement fire truck.

Mayor Manheimer said that this public hearing was held on March 9, 2021, 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.

Mayor Manheimer said that this public hearing was held on March 9, 2021, and due to recent legislation regarding remote meetings, the public hearing comment period remained open for 24 hours after the public hearing. Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the resolution and it would not be read.

Mayor Manheimer said that the public hearing on the 2021 Limited Obligation Refunding Bonds was held on March 9, 2021, and due to recent legislation regarding remote meetings, the public hearing comment period remained open for 24 hours after the public hearing. Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the resolution and it would not be read.

Vice-Mayor Smith said that City Council conducted interviews for the following School Board candidates: Joyce Brown, Patricia Griffin, James Carter, Michele Delange, Jacquelyn Carr McHargue, Peyton O’Conner, and George Sieburg. After Council Members expressed their gratitude to these outstanding candidates, each member of Council was asked to name three candidates. Joyce Brown received 3 votes, Patricia Griffin received 2 votes, James Carter received 4 votes, Michele Delange received 1 vote, Jacquelyn Carr McHargue received 7 votes, Peyton O’Conner received 2 votes, and George Sieburg received 2 votes. Since only two candidates (James Carter and Jacquelyn Carr McHargue) received a majority of votes, another round of votes took place with each member of Council casting one vote for those candidates that received two or more votes. Joyce Brown received 1 vote, Patricial Griffin received 2 votes, Peyton O’Conner received 4 votes, and George Sieburg received no votes.