City Council regular meeting — April 27, 2021

Background:

• The Asheville City Council adopted Ordinance No. 4855 on February 23, 2021 which amended Chapter 7 (the Unified Development Ordinance “UDO”) to expand design review to include hotels and established a new Design Review Committee to perform design review for all projects located within a design review area (Hotel Overlay, Downtown and Riverfront areas).
• Prior to Ordinance No. 4855, design review had been performed by designated subcommittees of both the Asheville Downtown Commission and the Asheville Area Riverfront Redevelopment Commission with a final vote performed by the applicable full Commission.
• Chapter 2, Article 3 of the City of Asheville Code of Ordinances should be updated to reflect that design review is no longer a responsibility of these respective commissions. Committee(s) and Commission(s):
• None Pro(s):
• Makes Chapter 2 of the City’s Code of Ordinances consistent with Chapter 7 Con(s):
• None

Background:

• Blue Cross Blue Shield of North Carolina is the current health insurance provider for employees of the City of Asheville.
• Analysis conducted by Willis Towers Watson, the City’s benefits consultant, revealed the City’s current plans are below market norms.
• The City issued an RFP to solicit proposals to provide health insurance coverage for City of Asheville employees and their dependents on December 14, 2020.
• The City received four responses to the RFP for employee health insurance coverage.
• The Evaluation Committee consisting of Peggy Rowe, Special Assistant to the City Manager; Larisa Lowman, Compensation and Benefits Manager; Shannon Barrett, HR Director; Tony McDowell, Finance Director; and Taylor Floyd, Budget Manager; reviewed all RFP responses and narrowed the field to three firms.
• The final three firms were evaluated by the Evaluation Committee and Cigna Health and Life Insurance Company and Express Scripts, Inc. were selected to provide employee medical and pharmacy insurance coverage.

Vendor Outreach Efforts:

• Request for proposal was issued December 14, 2020, with a response deadline of January 11, 2021.
• Under the City’s Business Inclusion Policy, contracts for banking or insurance services are excluded from the scope and application of the policy.
• Outreach efforts were performed by posting the RFP on the State’s Interactive Purchasing System. Pro(s):
• Entering into contracts with Cigna and ESI will provide employees access to medical plans that meet market norms.
• Cigna will provide increased care management for plan participants.
• The proposed contracts will provide access to more robust medical coverage, dependable pharmacy coverage, wellness initiatives and resources, with a goal to improve participant health, resulting in cost containment.
• Cigna and ESI will guarantee the administrative fees for four years with no increases.
• The proposed fees match the current fee structure with BlueCross Blue Shield so there is no increase in administrative costs. Con(s):
• Failure to enter into the contract will leave the City of Asheville employees and their dependents without health insurance coverage for the 2022 fiscal year.

Fiscal Impact:

• No increase to the current budgeted amount for employee health insurance coverage with a potential for cost savings.

execute any change orders that may arise during the project up to the contingency amount of $26,532 (10%). Background:

• The City of Asheville passed a General Obligation Bond in 2016.
• Within this Bond, money was budgeted to construct new sidewalks and Overlook Road was identified as one of these sidewalks.
• The limits of this project are from Briarcliff Dr. to Pinchot Dr.
• This project has gone through an extensive public engagement process and review process by the North Carolina Department of Transportation.
• Bids for construction were advertised on March 10, 2021.
• Bids were opened as originally scheduled on March 31, 2021.
• There were four bids received on March 10, 2021.
• The contractor names and bid amounts are listed below:
• Appalachian Paving (Asheville, NC) $300,562.50
• Bartholomew Construction (Hendersonville, NC) $367,133.94
• Patton Construction (Asheville,NC) $265,320
• Whaley Construction (Kodak, TN) $393,021
• Patton Construction of Asheville, North Carolina was the lowest responsive, responsible bidder and the bid was within the budget established for this project.
• The construction will start in early June.
• The contractor has 120 calendar days to perform the work.
• The work is scheduled to be complete by the end of September.

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 and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services.
• An annual aspirational goal of 4.6% was set for the prime contractors focusing outreach to MBE with a documented disparity in the construction field.
• These contractors specifically include Black, Native, and Asian American contractors.
• Two percent of the total dollar amount of this contract will be performed through a certified MWBE. EZ Striping is a HUB certified Black-owned business out of Forest City, NC.
• They are subcontracted to provide striping on this project. Committee(s):
• None. Pro(s):
• Project works towards fulfillment of the General Obligation Bond.
• Will fill in sections of missing sidewalk that add to pedestrian safety. Con(s):
• Possible reduced levels of service for automobiles during the day while being constructed.

Fiscal Impact:

• Funding for the Overlook Road Sidewalks project is included in the General Obligation Bond Program.
• The contract amount is $265,320 for the construction of the Overlook Road Sidewalk Project plus a contingency amount of $26,532.

Background:

• In May 2020, the Streets Division of the Public Works Department was contacted by its representative from Cargill Salt
• Road Safety, the manufacturer of AccuBrine (the system used to produce brine for anti-icing in the winter).
• The Cargill representative stated that the software and electric controls for the current system are no longer manufactured or supported, making Asheville's current system obsolete.
• The existing proprietary AccuBrine system thus requires upgrades that must use Cargill parts and all upgrade designs.
• According to NCGS §143-29, Procedure for letting of public contracts, one of the exceptions to the bidding requirement is standardization: "Purchases of apparatus, supplies, materials, or equipment when: (i) performance or price competition for a product are not available; (ii) a needed product is available from only one source of supply; or (iii) standardization or compatibility is the overriding consideration" (NCGS § 143-129 (e)(6)).
• Any maintenance, repair, parts, and upgrades to the AccuBrine system must be consistent in parts and design with the current Cargill brining system, thus meeting the standardization exception. Pro(s):
• Upgrades the current AccuBrine system, and allows for future procurement of maintenance, repair, parts, and upgrades to keep the entire brining system standardized with Cargill AccuBrine equipment. Con(s):
• None

Fiscal Impact:

• Funding for this purchase ($88,460) has been previously approved and is available for expenditure in the Streets Division of the Public Works Department budget for Fiscal Year 2020-21.

Background:

• On May 12, 2020, the City Council adopted a resolution authorizing the City Manager to execute a purchase order of approximately $140,000 for work for Proterra to engineer, design, retrofit, and install safety protection barriers from AROW Global Corporation, the manufacturer of the safety protection barriers, in five (5) existing 35-foot electric buses.
• A sole source procurement through Proterra Aftermarket Parts is necessary to ensure that the safety barriers are designed and installed correctly to fit the inside configuration of the existing Proterra electric buses that the City of Asheville owns.
• AROW Global Corporation is Proterra’s approved provider of the safety protection barriers.
• CARES Act funds will be used to purchase and install safety protection barriers in the buses.
• The use of sole-source procurement is permitted in this instance pursuant to N.C.G.S. 143-129(e)(g)(iii) as equipment compatibility is an overriding concern. Committee(s):
• None Pro(s):
• Provides protection for transit bus drivers
• Uses CARES Act funding to purchase and install the safety protection barriers in the Proterra electric buses.
• No local match is required. Con(s):

None Fiscal Impact:

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

Background:

• The City and Duke Energy Progress, Inc. entered into an addendum to the existing service agreement between the two parties in June 2011 for the installation of customer-owned LED lighting fixtures and automatic photo controls on company poles.
• Automatic photo controls cut the LED lighting fixtures on at dusk and off at dawn.
• The City is required to purchase company-approved LED lighting fixtures from company-approved vendors.
• LED technology has advanced tremendously over the last several years and as a result, only one company-approved vendor, Leotek Electronics, can supply the LED lighting fixtures that the City must purchase.
• The sole source justification should be in effect until June 30, 2022. Committee(s):
• None Pro(s):
• Enables the City to continue purchasing customer-owned LED lighting fixtures per the agreement.
• Enables Duke Energy to replace customer-owned LED lighting fixtures per the agreement. Con(s):

None Fiscal Impact:

• The anticipated total cost of the subject purchases throughout the stated lifetime is $100,000.
• Funding is included in the Transportation Department’s annual operating budget each year for needed replacements.

Background:

• Ozone is an important disinfectant process in the treatment of drinking water at the Mills River Water Treatment Plant (WTP).
• The basement of the ozone building at the Mills River WTP flooded due to several situations arising at the same time.
• A manway to an empty ozone contactor chamber (basin) was left open due to needed repairs; heavy rains over a short time period caused high water levels in the sludge lagoons; and at the same time, staff needed to drain one of the sedimentation basins.
• Water was unable to drain to the lagoons and backed up into the contactor and thus the basement of the ozone building.
• Staff is now aware of this potential flooding situation.
• Safeguards have been put in place.
• Staff has improved signage and training to ensure the issue does not happen again.
• The damage was significant and requires replacement of all associated equipment.
• It also requires replacement of assets involved with the current Miscellaneous Phase 1 Ozone Rehabilitation project at the facility.
• The flooding damaged existing equipment as well as newly installed equipment.
• Harper Corporation holds the current open contract for the Phase 1 project.
• Harper Corporation will continue with the current project and the replacement of equipment damaged by the flooding.
• All necessary rehabilitation steps will be covered under this Change Order.

Vendor Outreach Efforts:

• Harper Corporation is currently under contract.
• As this is a work change directive, no further outreach was performed. Committee(s):
• None Pro(s):
• Ensures the Mills River WTP will be able to use all aspects of the original design (Ozone) to treat the source water of the Mills River.
• Ensures the Mills River WTP will continue to appropriately produce drinking water for the public.
• Ensures the operational staff safety by the replacement of all affected equipment. Con(s):
• Without the use of ozone, the City could be out of compliance with the EPA Disinfection By-Products rule.
• Ozone helps to reduce the total organic carbon that is the precursor to Disinfection By-Products (Total Trihalomethanes and Haloacetic acids
• HAA 5).
• Increased costs to produce high quality potable water due to loss of ozone treatment, resulting in other treatment processes having shorter life cycles.

Fiscal Impact:

• $1,475,624.78 with 10% contingency for a total of $1,623,187.26, to be funded within the existing Water Treatment Improvements Capital Improvement Program (CIP) budget.

Background:

• Both of these streets (Carolina Lane and Langren Alley) have had numerous utility projects over the years and the pavement is in very poor condition. Both streets are located in the Central Business District. The project emcompasses the entirety of Carolina Lane (Woodfin Street to E. Walnut Street) and Langren Alley (E. Walnut Street to N. Market Street).
• Resurfacing will also improve stormwater flow, especially on Langren Alley.
• The combined pavement length is .18 miles.
• The project was advertised on March 9, 2021, and bids were opened on March 31, 2021.
• The following bids were received: French Broad Paving of Marshall, NC $183,857.50 JLS Company of Hendersonville, NC $269,961.44 Harrison Construction Company Asheville, NC $360,365.00 Bryant Land and Development Industries, Inc. of Burnsville, NC $535,041.70
• The contractor has been given the option of when to commence work on the project during the paving season from June 1 to December 15, 2021.
• Once work commences, the contractor will have 60 days to complete all work.

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 and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services.
• Staff also checked the NC Historically Underutilized Business and NCDOT MWBE databases for potential contractors.
• Only one company from an identified disparity group was found in the ten-county area and staff directly contacted that company.
• The company did not bid as a prime contractor, but is listed as a subcontractor with several of the prime bidders.
• One MWBE submitted a bid with French Broad Paving.
• The MWBE, New Dimensions of Fletcher, NC, will install the pavement markings for the project.
• This subcontractor is a woman-owned business.
• The rest of the work will be performed by the prime contractor.
• The established goal for this project was for 4.6% of the total funds to be expended with MWBE companies. However, the contract only expends 1.9% with MWBE companies. Committee(s):
• None Pro(s):
• Provides for repair of two streets that are in very poor condition.
• These streets also serve as popular pedestrian corridors in the Central Business District. Con(s):
• Construction will disrupt access on both streets.
• Efforts will be made to minimize disruptions.
• The contractor will work on one end of the street at a time to ensure that access remains open.

Fiscal Impact:

• Funding for this project is coming from the 2016 General Obligation (GO) Bond Transportation budget.

Background:

• Fire Station 8 will be having its bay floors repaired and resurfaced in May 2021.
• The repair requires displacement of the crew and fire apparatus during the work.
• The Department of Veterans Affairs has agreed to provide temporary space to the City of Asheville and the Asheville Fire Department during the duration of the repairs at no cost.
• The Asheville Fire Department will occupy the space for a duration of two weeks; and the agreement will be valid for 90 days following the execution of the Memorandum of Understanding.

Vendor Outreach Efforts:

• Agreement is with Department of Veterans Affairs Committee(s):
• None Pro(s):
• The agreement promotes community partnerships and engagement.
• The space is being provided at no cost to the City.
• The Asheville Fire Department continues its long history of working with other government agencies to deliver public safety services. Con(s):

None Identified Fiscal Impact:

• None

Community Development Program Director Paul D'Angelo said that this is a public hearing for submission of the City’s Annual Action Plan for 2021-22 to the U.S. Dept. of Housing & Urban Development and authorizing the City Manager to sign all contracts or agreements required for the implementation of the 2021-22 Annual Action Plan. This public hearing was advertised on April 16 and 23, 2021. Mayor Manheimer opened the public hearing at 5:37 p.m. Background:

• The City has received the 21/22 HUD allocation notice and will have approximately $1,137,995 in CDBG funds and $1,370,760 in HOME funds available for the fiscal year that will begin July 1, 2021.
• Community Development Staff, in coordination with the Housing & Community Development (HCD) Committee, have made recommendations for the use of CDBG funds, which must be used in housing & community development programs within the city limits of Asheville.
• Below are the proposed use of funds: CDBG PROGRAM 2021-2022 PROGRAM Funding Recommendations Asheville-Buncombe Community Land Trust -Permanently Affordable Housing Services $39,184 Asheville Area Habitat for Humanity
• Affordable Home Repairs for Low Income $128,000 Caring for Children, Inc.
• Trinity Place Runaway and Homeless Youth Shelter $15,000 Carolina Small Business Development
• Western Women’s Business Center (WWBC) $100,000 Eagle Market Streets Development
• EMSDC Incubate to Innovate $25,000 Eliada Homes, Inc.
• Eliada Homeless Services $22,272 Getting Back to the Basics- Project Lighten Up After School Virtual Learning $10,000 Haywood Street Congregation (HSC) -Haywood Street Respite (HSR) $15,000 Helpmate, Inc.
• Emergency Shelter for Domestic Violence Survivors $17,500 Helpmate, Inc.
• Housing Case Management for Domestic Violence $49,241 Homeward Bound of WNC
• AHOPE Coordinated Entry $33,199 Homeward Bound of WNC
• Acquisition
• Permanent Supportive Housing $100,000 Homeward Bound of WNC
• Housing Services
• Permanent Supportive Housing $81,000 Mountain BizWorks
• Opportunity Asheville: Expanding Access to Small Business $100,000 Mountain Housing Opportunities, Inc.
• Emergency Home Repair $95,000 OnTrack Financial Education & Counseling
• Housing & Financial Capabilities Program $15,000 Partners Unlimited, Inc.
• Academic Enhancement Program $10,000 Pisgah Legal Services
• Homeless Prevention Project $20,000 SPARC Foundation,Inc.
• Changing Together Program $20,000 YWCA of Asheville and WNC
• Empowerment Child Care Program $15,000 City of Asheville- CDBG Planning and Administration $227,559 RECOMMENDED FUNDING $1,137,955 HOME INVESTMENT PARTNERSHIP PROGRAM Proposed Use of Funds: 2021-2022 PROGRAM Funding Recommendations Commonwealth Development
• Fairhaven Summit $100,000 Community Housing Coalition of Madison Co.
• Rural Replacement Housing $165,000 Eliada Homes, Inc.
• Eliada Homeless Services $20,208 Helpmate, Inc.
• Rental Assistance for Domestic Violence $50,000 Homeward Bound of WNC,
• HOME Asheville
• Tenant Based Rental Assistance $80,000 Homeward Bound of WNC,
• HOME Buncombe
• Tenant Based Rental Assistance $100,000 Housing Authority of the City of Asheville,
• Tenant Based Rental Assistance Mobility $75,000 SCG Development Partners, LLC.
• Ovata at Ascension $100,000 WDT Development ,LLC.
• White Pines Villas $100,000 Workforce Homestead, Inc.
• Falling Waters $402,862 City of Asheville
• HOME Planning and Administration $137,076 CHDO Reservation
• CHDO Contingency $40,614 RECOMMENDED FUNDING $1,370,760
• The Asheville Regional Housing Consortium Board has recommended uses for HOME funds, which must be used for housing programs within the four-county Consortium area (Buncombe, Henderson, Madison, and Transylvania counties).
• Funds are awarded based on HUD CDBG & HOME guidelines as well as the Priorities listed in the City’s 5 Year Consolidated Plan, FY20/21-24/25. Committee(s):
• Asheville Regional Housing Consortium Board
• March 25, 2021
• Approval
• Housing & Community Development Committee
• March 26, 2021
• Approval Pro(s):
• Approval of the Annual Action 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):
• It is not always possible to fund all of the applications received, and many agencies funded will receive less than the amounts requested.

Fiscal Impact:

• The Action Plan 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 FY 2021-22 budgets for both the CDBG & HOME programs will be included in the annual budget ordinance that City Council will adopt in the coming months. Mayor Manheimer announced that there were no advanced live call-ins for this 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,

Laura Elliott, Senior Director of Community Schools and Network Development of the United Way of Asheville and Buncombe County, explained that United for Youth Network is a multigenerational, cross-sector, cradle to career partnership built on the foundational principle that equity and educational excellence are inseparable. It’s vision is that all children and youth learn, grow and thrive in a vibrant, healthy and connected community. It’s mission is to actively identify and remove barriers to opportunity and co-create solutions that support student success The community goals is by 2035, all Asheville City and Buncombe County students graduate from high school ready and fully prepared to pursue their goals and dreams. The Network’s theory of action & change is (1) By committing to working more boldly as individual organizations and by aligning and leveraging community resources as a network, we will improve systems for equitable student learning and educational excellence; and (2) By committing to a results-based accountability framework, we will support one another and hold one another accountable through continuous learning and course corrections along our path towards our shared vision, mission and bold community goal. Why now? While overall high school graduation rates have risen over the years, disparities are worsening. Not all students are prepared with the skills and experience for postsecondary education and/or living wage jobs (college, career, community ready). COVID-19 pandemic has exposed long-standing inequities in education. There is strong momentum and a clear call for cross-sector collective impact approaches. The Network partners include: A-B Tech, Asheville City Schools, ACS Foundation, Buncombe County, Buncombe County Schools, Buncombe Partnership for Children, Big Brothers Big Sisters, Chamber of Commerce, Children First/Communities in Schools, My Daddy Taught Me That / My Sistah Taught Me That, Racial Justice Coalition, UNC Asheville, YMCA of WNC, YWCA of Asheville, and United Way ABC. Special Assistant to the City Manager Peggy Rowe said that the City of Asheville’s commitment, the City agrees to continue to provide community learning centers or Positive Opportunities to Develop Success (PODS) at our recreation centers. The City will continue and potentially expand Asheville Parks & Recreation programs in a safe environment for everyone in our community to include: Summer Youth Programs, Teen Summer Camp Program, Summer Camp at Malvern Hills, Therapeutic Recreation Summer Camp and ○ WNC Nature Center Wild Weeks Camp. The City Will continue to reimagine the role of Resource Officers to include support of United for Youth Partnership; evaluate affordable housing needs to align with the United for Youth Program; continue to grow the City of Asheville Youth Leadership Academy, also known as CAYLA as well as other opportunities for workforce development; continue to enhance and expand affordable housing; continue to improve and expand transit access to those who rely on it most; and fully participate in data sharing and mutual accountability with partners. “City Staff Report: Background:

• Addressing the opportunity gap specifically for black and brown children is a priority for the City of Asheville.
• Addressing the “whole child” as a community and specifically as a City, is crucial to improving the education system which ultimately improves the quality of life for everyone in a community.
• Addressing the whole child includes but it is not limited to, providing workforce development, affordable housing, better access to transportation, afterschool programs and support to families.
• Asheville-Buncombe United for Youth Network is a multigenerational, cross-sector, cradle to career partnership built on the foundational principle that “Equity and Educational Excellence are Inseparable.”
• Coordinated by United Way of Asheville and Buncombe County, this collaboration is working toward the following:
• Vision: ALL children and youth learn, grow and thrive in a vibrant, healthy and connected community.
• Mission: To actively identify and remove barriers to opportunity and co-create solutions that support student success. Bold Community Goal: By 2035, ALL Asheville City and Buncombe County students graduate from high school ready and fully prepared to pursue their goals and dreams.
• By committing to a results-based accountability framework, partners will support one another and hold one another accountable through continuous learning and course corrections along our path towards our shared vision, mission and bold community goal.
• By joining the partnership, including the shared vision, mission and bold community goal, The City of Asheville commits to act in good faith to uphold the agreements described in the partnership agreement.
• The City will continue to prioritize and support the effort to address the achievement gap for black and brown children.
• The City agrees to continue to provide community learning centers or Positive Opportunities to Develop Success (PODS) at our recreation centers.
• The City will continue and potentially expand Asheville Parks & Recreation programs in a safe environment for everyone in our community to include: Summer Youth Programs; Teen Summer Camp Program; Summer Camp at Malvern Hills; Therapeutic Recreation Summer Camp; and WNC Nature Center Wild Weeks Camp.
• The City will continue to prioritize utilization of funding through the Strategic Partnership Fund to address the opportunity gap.
• The City will continue to (1) Reimagine role of Resource Officers to include support of United for Youth Partnership; (2) Evaluate affordable housing needs to align with the United for Youth Program; (3) Continue to grow the City of Asheville Youth Leadership Academy, also known as CAYLA as well as other opportunities for workforce development; (4) Continue to improve and expand transit access to those who rely on it most; and (5) Fully participate in data sharing and mutual accountability. Pro(s):
• Partnership will help ALL children and youth learn, grow and thrive in a vibrant, healthy and connected community.
• Partnership will actively identify and remove barriers to opportunity and co-create solutions that support student success.
• Partnership will help ALL Asheville City and Buncombe County students graduate from high school ready and fully prepared to pursue their goals and dreams. Con(s):

None Fiscal Impact:

• None at this time.” Ms. Elliott responded to Councilwoman Roney’s inquiry about the early warning and response system, which is a shared system based on confidentiality, practices, laws and agreements between our schools, youth service organizations and parents so that schools and community partners can see when a student is starting to fall off-track, have time to problem solve and put supports and interventions in place and track those interventions. All of the Asheville City Schools have this system in place; however, each school is in a different stage of implementation. Councilwoman Roney pointed out the long list of community partners who have not officially signed on yet to the agreement and was concerned about the capacity of data entry for some of the smaller or grassroots organizations. Ms. Elliott responded that they have hired a data and evaluation specialist and one of her responsibilities is specifically to support smaller grassroots organizations and nonprofits with that data tracking collection and hearing the needs that are specific to them. Councilwoman Wisler said that we have prioritized our strategic partners and we have prioritized tackling the achievement gap; so, she asked that the Housing & Community Development Committee look at all of our strategic partners that receive City funds and who are addressing the achievement gap to have them commit to be a part of this network. In response to Vice-Mayor Smith, Ms. Elliott said that this partnership agreement is designed so that each organization can craft their own unique value path. There is a lot of responsibility on the larger organizations reaching out and being supportive of smaller organizations. Councilwoman Kilgore supported this program and felt it is a beginning of what we need to bring together a great program for our youth. Mayor Manheimer thanked Ms. Elliott for this hard work and appreciated United Way taking on the task of being the convenor. Councilwoman Roney said that as she has been having conversations in the community about what this could mean. One concern is about partner capacity and barriers. The second concern is the focus on data collection and what happens if a parent, guardian or student doesn’t opt in because of existing trust issues. She wondered how that will impact our outcome data. Her third concern is about our role as a partner. Hearing that we are just going to do what we do and more of it will not give us different outcomes. She is looking for not just not a transactional data relationship but a transformational relationship that will result in the positive outcomes that our students really need. Mayor Manheimer announced that there were no advanced live call-ins for this item. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.

City Attorney Branham said that this is consideration of adoption of an ordinance prohibiting discriminatory practices in private employment and public accommodations. Background:

• Presently, the State of North Carolina does not prohibit businesses from discriminating against employees or customers on the basis of certain personal characteristics, like sexual orientation and gender identity.
• From March 30, 2017, through December 1, 2020, the State of North Carolina expressly prohibited local governments from regulating private employment practices and/or public accommodations.
• Because it appears unlikely that the State will adopt laws prohibiting discriminatory practices in private employment and public accommodations, it is necessary for local governments to adopt non-discrimination ordinances in order to prevent such expressions of bigotry and inequity.
• City staff has worked closely with Buncombe County staff to develop substantially similar non-discrimination ordinances, to be adopted by each government, in order to ensure that discriminatory practices in employment and public accommodations will be consistently prohibited throughout the Asheville metropolitan area.
• The ordinance proposed would prohibit discrimination in employment or in public accommodations based upon any of the following: race, natural hair or hairstyles, ethnicity, creed, color, sex, sexual orientation, gender identity or expression, national origin or ancestry, marital or familial status, pregnancy, veteran status, religious belief or non-belief, age, or disability. Committee(s): Governance Pro(s): Prohibits discriminatory practices in private employment or public accommodations. Con(s):
• May result in counteraction by the State Legislature.
• This occurred previously with the bill commonly known as HB2 which temporarily prohibited cities from passing such ordinances.

Fiscal Impact:

• It is expected that the enforcement of the proposed Non-Discrimination Ordinance will be able to be fulfilled by the City’s Office of Equity and Inclusion, without an increase in that department’s budget. He said that the purpose of this ordinance is (1) To prevent discrimination within the City of Asheville in priviate employment and public accomondations; (2) To provide assistance for anyone experiencing discriminatory housing practices; (3) To align City regulations with that of Buncombe County; and (4) To advance the City’s goal of fostering equity and inclusion throughout the community. It’s background is (1) In 2017, NC General Assembly adopted HB 142 (Session law 2017-4); (2) This repealed the former law commonly referred to as as “HB 2.”; (3) This new law prohibited local governments from enacting ordinances regulating private employment practices and public accommodations; (4) This prohibition ended December 1st, 2020; and (5) Multiple NC cities and counties have adopted new anti-discriminaion ordinances. (Chapel Hill, Carrboro, Hillsborough, Durham, Greensboro, Orange, and now Buncombe County) He explained the proposed City ordinance (1) Prohibits discrimation based upon a person’s race, natural hair or hairstyles, ethnicity, creed, color, sex, sexual orientation, gender identity or expression, national origin or ancestry, marital or familial status, pregnancy, veteran status, religious belief or non-belief, age, or disability; (2) Provides a Process for enforcement through education and conciliation; and (3) Includes options for civil penalties and other legal remedies when voluntary resolutions cannot be reached. Ordinance elements (1) Prohibits discrimation in Private Employment; (2) Applies to any employer of one or more person (a) Includes hiring, tenure, conditions of employment, etc.; (3) Prohibits discrimination in Public Accomondations (a) Any place, facility, store, or other establishment which supplies accommodations, goods, or services to the public; and (4) Exemptions (a) Among others, religious educational institutions or corporations. Process and Penalties (1) Complaints of discrimination filed with City Office of Equity and Inclusion; (2) Persons or entities receiving complaints may provide a written answer; (3) The Office of Equity and Inclusion will commence an investigation; and (4) Some “Discovery” is authorized; (5) Investigations will use a “Reasonable Cause” standard of review; (6) Complaints will be addressed through education, mediation, and conciliation; and (7) If these efforts are unsuccessful, additional penalties may be utilized (a) $100 civil penalties and potential injunctive relief; and (b) No criminal penalties. Due Process (1) Following investigation, the Office of Equity and Inclusion will issue a final report to the parties; (2) Appeals from these decisions can be made to a panel consisting of the City Manager, the City Human Relations Director, and the City Attorney; (3) Appeals must be filed in writing to the City Clerk within 10 days of the final decision; and (4) Further appeals can also be made to the State Superior Court. Timing (1) In coordination with Buncombe County, the City’s ordinance would take effect on July 1, 2021; (2) This will allow local businesses and government agencies to prepare for implementation of the new rules; and (3) Provide a period for education and training. When Councilwoman Roney asked if we would look at the fines in the future because now the fines are less than some traffic violations, City Attorney Branham responded that Council can review in the future if higher levels of civil penalties would be appropriate. He hoped that we can deal with this issue through an educational process and not punitively fine individuals. Councilwoman Mosley said that her father, the Rev. Dr. Charles Mosley, in addition to being a pastor, he was also a civil rights activist. Prior to his recent passing she had the opportunity to speak with him regarding this issue. He counseled her that civil rights should always be expanded and never sought to be reduced. It was his opinion that this ordinance was worth moving forward with. So, when she casts her vote in favor of this ordinance, she will do so with him in mind and out of a desire to make him proud. From advanced live call-ins, 9 individuals spoke in support of the ordinance prohibiting discriminatory practices in private employment and public accommodations. One advanced live call-in asked City Council to vote against the ordinance prohibiting discriminatory practices in private employment and public accommodations. Councilwoman Roney thanked those who called in and shared their stories, those who voiced the fines were not enough, those who called for support needed in the Office of Equity & Inclusion to have the capacity to enforce the ordinance, those who remind us that our religious freedoms are protected by the First Amendment, but the protection against discrimination in employment and in public accommodations is not, and her students. This is a starting point and we have far to go. With the passage in Virginia of their House Bill 6 it was news to her to learn about source of income as needing protecting against discrimination to safegaurd the use of housing vouchers. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.