Asheville City Council recorded 29 votes at its regular meeting on June 8, 2021; 2 drew at least one no vote. Most items concerned Boards & Appointments, Zoning & Land Use and Community Programs.
Voting: Sandra Kilgore, Esther E. Manheimer, S. Antanette Mosley, Kim Roney, Sheneika Smith, Sage Turner, Gwen Wisler.
29recorded votes
2split votes
0failed
0members absent
Split votes
Item II-C-1 · RES 21-102 · Administrative · Resolution
Resolution authorizing the City Manager to apply for the Asheville High Intensity Drug Trafficking Areas 2021 Grant
Passed6–1 · Moved by Sandra Kilgore, seconded by Sheneika Smith
The Asheville Police Department acts only as the fiduciary for the grant.
When expenses are incurred, the fiduciary settles the claims using appropriated City of Asheville funds and then requests a 100% reimbursement from the federal government.
The Asheville HIDTA is the direct beneficiary of the grant funds and not the Asheville Police Department.
The Asheville HIDTA is comprised of members of the United States Drug Enforcement Administration, one officer from the Asheville Police Department, and various individuals from the Sheriff Offices of several Western North Carolina Counties.
A United States Drug Enforcement Administration supervisor, who is the Asheville HIDTA manager, determines how grant funds will be expended.
All members of the Asheville HIDTA receive reimbursement when they incur qualified expenses conducting Asheville HIDTA business.
The Office of National Drug Control Policy has preliminarily determined that the City of Asheville is eligible to manage this grant totaling $275,416.
The purpose of the HIDTA program is to reduce drug trafficking and production in the United States, specifically in areas where drug-related activities are having a significant harmful impact.
Grant funds are used for overtime, travel, services and supplies.
All expenses are tracked and audited by local and federal authorities. Committee(s):
Public Safety Committee
June 1, 2021
Moved to Council on 2-1 vote. Pro(s):
Fosters partnerships with federal and local law enforcement agencies. Con(s):
None Fiscal Impact:
There is no local match required. Councilwoman Roney reviewed the most recent annual report for the HIDTA grant, which is rooted in HR 5210
the 1988 federal bill that started the war on drugs, a failed war against Americans in their homes and the streets and reinstated the federal death penalty. When she sees that we have high traffic drug areas in our community, that tells her that we have high economic development needs and high opportunity needs. She thought we were going to be reimagining public safety so she was very concerned this is doing it the old way. She understands we need to address root causes, but does not think we have the capacity in the public safety staffing to move from community policing to even this federal intention.
Item II-B · RES 21-101 · Public Safety · Resolution · consent agenda
Resolution adopting the Buncombe-Madison Regional Hazard Mitigation Plan
Passed7–0 · unanimous · Moved by Gwen Wisler, seconded by Sheneika Smith
All members present voted yes.
Staff report summary
Background:
Local governments are vulnerable to an array of hazards that can cause loss of life and damages to public and private property and seek ways to mitigate situations that may aggravate such circumstances.
The development and implementation of a hazard mitigation plan can result in actions that reduce the long-term risk to life and property from natural hazards.
It allows local governments to protect its citizens and property from the effects of natural hazards by preparing and maintaining a local hazard mitigation plan.
Hazard mitigation techniques include both structural measures (strengthening or protecting building and infrastructure) and non-structural measures (adoption of sound land-use policies and creation of public awareness programs).
Under North Carolina General Statutes, Chapter 166A: North Carolina Emergency Management Act and Section 322: Mitigation Planning, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act to remain eligible to receive state and federal assistance in the event of a declared disaster affecting the organization.
In coordination with Buncombe and Madison Counties and the participating municipalities within those Counties (including the City of Asheville) a multi-jurisdictional hazard mitigation plan has been developed with input from the appropriate local and state officials.
The focus of the Buncombe Madison Regional Hazard Mitigation Plan is hazards considered to be high or moderate risks (determined from a detailed hazard risk assessment) that enables us to prioritize mitigation action.
The purpose of the Buncombe Madison Regional Hazard Mitigation Plan is to:
Completely update the existing Plan to demonstrate progress and reflect current conditions
Update the plan in accordance with Community Rating System (CRS) requirements
Increase public awareness and education
Maintain grant eligibility
Maintain compliance with state and federal legislative requirements for local hazard mitigation plans
The plan outlines the following functions:
Planning Process: The process used to prepare the plan including identification of participants, public input, stakeholder input, and the outcomes of the meetings and discussions
Community Profile: A general overview of the region that includes geographic, demographic, and economic characteristics
Risk Assessment: A compilation of hazard identification, hazard profiles, and a vulnerability assessment to identify, analyze, and assess the threat to the Buncombe Madison region
Capability Assessment: A comprehensive examination of the Buncombe Madison Region’s capacity to implement meaningful mitigation strategies and identify opportunities to increase and enhance that capacity
Mitigation Strategy: Broad goal statements and analysis of hazard mitigation techniques for jurisdictions to consider in reducing hazard vulnerabilities; identification and prioritization of possible mitigation projects; emphasis on program and policy alternatives to make the Buncombe Madison Region less vulnerable to damaging forces of hazards while improve the economic, social, and environmental health of the community
Mitigation Action Plans: Functional plans for each of the jurisdictions in the Buncombe Madison Region; designed to achieve the mitigation goals established by the mitigation strategy
There are 11 mitigation actions outlined for the City of Asheville
The City of Asheville’s Hazard Mitigation Plan (pages 9:14
9:18 in the overall plan) outlines the hazards addressed, priority, funding sources, responsible parties, target completion dates, 2015 action implementation statuses, and 2021 action implementation statuses
Plan Maintenance: The measures jurisdictions will take to ensure implementation
The plan remains a living document, with implementation and evaluation procedures established to help achieve meaningful objectives and successful outcomes over time.
The City of Asheville has adopted a county-wide all hazards mitigation plan since 2011 and the Buncombe Madison Regional Hazard Mitigation since 2016.
The North Carolina Division of Emergency Management regionalized hazard mitigation plans and established our region as Buncombe Madison.
Before the regions for hazard mitigation were established, each county in North Carolina submitted their own plan and municipalities could be a part of their County’s plan or submit their own hazard mitigation plan independently. This method was too laborious and time-consuming for FEMA and the North Carolina Division of Emergency Management. Thus, the new system of regional planning was developed and implemented.
The current plan expires on July 6, 2021.
The North Carolina Division of Emergency Management is required to review hazard mitigation plans prior to submission to FEMA for final approval.
The North Carolina Emergency Management Division and the Federal Emergency Management Agency have reviewed the Buncombe Madison Regional Hazard Mitigation Plan for legislative compliance and have approved the plan pending the completion of local adoption procedures.
There are no substantive changes to the plan. Committee(s):
N/A Pro(s):
Hazard mitigation planning saves lives, property, and money; speeds recovery following disasters; reduces future vulnerability through wise development and post-disaster recovery and reconstruction; expedites the receipt of pre-disaster grant funding; and demonstrates a firm commitment to improving community health and safety. Con(s):
Resolution authorizing the City Manager to update the Sustainability Management Plan into a Municipal Climate Action Plan
Passed7–0 · unanimous · Moved by Gwen Wisler, seconded by Sheneika Smith
All members present voted yes.
Staff report summary
Background:
The Office of Sustainability aims to update the City’s 2009 Sustainability Management Plan (SMP) to incorporate newly adopted sustainability resolutions into one cohesive document, a Municipal Climate Action Plan.
Asheville’s Sustainability Management Plan identified its vision and guiding principles as making decisions that balance the values of environmental stewardship, social responsibility and economic vitality.
The Municipal Climate Action Plan will bring together the SMP, updated resolutions, and newly adopted resolutions around climate change and climate justice.
This aligns with Council Strategic Priority C.3: Develop a renewable energy action plan to transition municipal operations to 100% renewable energy by 2030.
The Municipal Climate Action Plan will incorporate the City’s climate resilience work along with recently adopted climate resolutions; address high-impact projects to build a more resilient organization; and continue to address the City’s goals for carbon mitigation.
On January 28, 2020, City Council passed Resolution 20-25 Declaration of a Climate Emergency, reiterating the need for the City to identify resources required to meet the City’s aggressive climate goals.
In April 2021, the City issued an RFP addressing the Office of Sustainability’s need to organize and condense adopted resolutions since the adoption of the 2009 Sustainability Management Plan. Four (4) responses were received. Two (2) were considered non-responsive for not complying with the City’s Business Inclusion Policy. Bidder Name Bidder City Bidder State Bid Amount ABI Policy Energetics Columbia Maryland $68,937 Yes AECOM Winston-Salem North Carolina $99,400 Yes ICMA Washington District of Columbia $193,864 Non-responsive Sia Partners Charlotte North Carolina $69,600 Non-responsive
AECOM was selected as the most qualified in addressing both climate resiliency and carbon mitigation through their diverse staff and sustainability projects nationwide. AECOM is a global leader in integrated sustainability and climate planning, leveraging a proven process to identify and prioritize actionable opportunities that keep clients moving toward their goals. AECOM will partner with FernLeaf Interactive, based in Asheville, which has deep experience helping clients achieve climate solutions.
This RFP also required responders to show compliance with the City’s adopted Business Inclusion Policy.
AECOM meets these requirements by expending 12% of the total amount of the contract with a MBE/WBE. Committee(s):
Sustainability Advisory Committee on Energy and the Environment
June 16, 2021
SACEE Resiliency Working Group
Approved May 6, 2021 Pro(s):
Supports Resolution 11-77 80% Carbon Reduction Goal, Resolution 18-279 100% Renewable Energy Goal and Resolution 20-25 Climate Emergency Declaration.
The Municipal Climate Action Plan will: 1.) Incorporate adopted resolutions since the 2009 Sustainability Management Plan into one document, a Municipal Climate Action Plan; 2.) Identify high-impact projects to achieve adopted sustainability goals by City Council Resolutions; and 3.) Provide estimated costs associated with achieving adopted sustainability goals set forth by City Council. Con(s):
None Fiscal Impact:
The contract will total $95,000 from the FY22 Office of Sustainability budget.
Resolution updating the 2021-22 Annual (Consent item G)
Passed7–0 · unanimous · Moved by Gwen Wisler, seconded by Sheneika Smith
All members present voted yes.
Staff report summary
Background:
The City originally received the 21/22 HUD allocation notice and with 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.
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.
On Friday, May 14, 2021, CD Staff received a HUD Notice that the City of Asheville would be receiving an additional $15,296 in CDBG Funds
New CDBG Award Total $1,153,291
with a new AAP submission deadline of June 16, 2021.
CD Staff recommends putting this additional funding in Contingency to then be reallocated at a future HCD & Council meeting. Committee(s):
Asheville Regional Housing Consortium Board
March 25, 2021
Approval
Housing & Community Development Committee
March 26, 2021
Approval
Housing & Community Development Committee
May 18, 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.
Item II-H · RES 21-111 · Zoning & Land Use · Resolution · consent agenda
Resolution of intent to permanently close and set a public hearing on July 27, 2021
Passed7–0 · unanimous · Moved by Gwen Wisler, seconded by Sheneika Smith
All members present voted yes.
Staff report summary
Background:
North Carolina General Statute § 160A-299 grants cities the authority to permanently close streets and alleys.
The City is the sponsor of the proposed right-of-way closure near 155 Thompson Street and is exchanging the closed right-of-way with the property owner, who is providing an easement to construct a section of the Swannanoa Greenway.
This closure would not impede any future vehicular transportation connections nor does it conflict with any utility access.
This closure will be an exchange of property for a greenway easement for the Swannanoa River Greenway through the property owners’ land.
Signs will be placed at two locations along the right-of-way announcing the public hearing and potential closure. Committee(s):
None Pro(s):
The proposed ROW closure in exchange for a greenway easement is mutually beneficial for the City and the property owner. Con(s):
If the ROW closure is not approved, the City will not receive a greenway easement from the property owner in exchange, which would jeopardize the future construction of the Swannanoa Greenway in this location.
Fiscal Impact:
There will be no fiscal impact related to this closure.
Resolution authorizing the City Manager (Consent item I)
Passed7–0 · unanimous · Moved by Gwen Wisler, seconded by Sheneika Smith
All members present voted yes.
Staff report summary
Background:
The requested contract allows new parking garage equipment to be installed.
The requested contract timeline aligns with the expected useful life of the new garage equipment.
The contract covers monthly management fees for cloud-hosted systems and technical system support.
The contract total further covers the occasional purchase of equipment and services from Flashparking, Inc. for standardization and compatibility with the garage equipment.
Flashparking, Inc. is both the manufacturer and technical support provider for the parking garage equipment which has been purchased.
Vendor Outreach Efforts:
The equipment has been purchased via a contract for goods as issued by the National Cooperative Purchasing Alliance (NCPA).
Purchases made via the NCPA are exempt from the Asheville Business Inclusion (ABI) Policy.
The cooperative agreement was competitively advertised and awarded to Flashparking, Inc.
As Flashparking Inc. is the only source of supply for management and technical support for the parking garage equipment, the City has authority pursuant to N.C.G.S. §143 -129 to enter into the requested contract. Committee(s):
None Pro(s):
Enables the City to continue to operate parking garages with limited interruptions due to outdated equipment.
Improves the customer experience by decreasing the time for processing transactions. Con(s):
Without a contract for management and technical services in place, newly purchased parking garage equipment cannot be installed.
Fiscal Impact:
Funding for the requested ongoing costs will be included in the Parking Services annual operating budget.
Resolution authorizing the City Manager (Consent item J)
Passed7–0 · unanimous · Moved by Gwen Wisler, seconded by Sheneika Smith
All members present voted yes.
Staff report summary
Background:
The City of Asheville serves as the Continuum of Care Lead Entity for the NC-501 Asheville-Buncombe Continuum of Care (CoC).
Each CoC Lead Entity is responsible for coordinating the community activities required for Asheville to be eligible to receive CoC funding from the U.S. Department of Housing and Urban Development (HUD).
The CoC Lead is also responsible for operating the community’s Homeless Management Information System (HMIS).
The typical competitive process for awarding CoC awards known as the Notice of Funding Availability (NOFA), which includes local review, scoring, and ranking of CoC project funding applications, was disrupted in FY 2020 because of the COVID-19 pandemic.
HUD instead made allocations to each CoC through a non-competitive process for FY 2020 for all grantees whose projects expire during 2021.
Through this 2020 non-competitive process, the City of Asheville has been awarded $43,016 for a CoC Planning Grant and $67,500 for a Homeless Management Information System (HMIS) Grant to support the city operations for these activities as the NC-501 Continuum of Care Lead Entity.
A total of $1,706,734 of CoC renewal funding was also awarded directly to agencies in the community for ongoing Permanent Supportive Housing and Rapid Rehousing projects.
While this funding does not pass through the City, it is referenced here to convey the total amount of federal monies directed to local agencies that provide housing services to this population and to illustrate a key component of the system of care for which the City is the lead entity.
These funds are specifically intended for permanent housing programs.
The regular Continuum of Care NOFA competitive funding process resumed in 2021 and is already underway.
Council Goals:
Quality Affordable Housing
An Equitable and
Diverse Community Committees:
N/A Pros:
Provides funding to sustain existing Continuum of Care HMIS and required community planning activities and ensures the community’s eligibility to receive this funding.
Cons:
None Fiscal Impact:
$110,516 in HUD Continuum of Care grant funding to support the City’s operations in its role as the NC-501 Asheville-Buncombe Continuum of Care Lead Entity.
This grant funding is adopted as part of the annual budget process. Motion(s):
Motion to authorize the City Manager to execute agreements with the U.S. Department of Housing & Urban Development and accept grant funding awarded to the City of Asheville in FY 2020 for Continuum of Care Planning activities and Homeless Management Information System (HMIS) operation.
Resolution authorizing the City Manager (Consent item K)
Passed7–0 · unanimous · Moved by Gwen Wisler, seconded by Sheneika Smith
All members present voted yes.
Staff report summary
Background:
On April 27, 2021, the City Council approved a change order with Harper Corporation for the repairs to the Ozone Building due to flooding.
This request is for a change order with CDM Smith for continued construction oversight of the work that Harper will perform.
Ozone disinfection is a highly technical process that requires specified oversight for proper installation of equipment.
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 was left open due to needed repairs.
Heavy rains over a short time period caused high water levels in the sludge lagoons.
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 ozone contactor and thus the basement of the ozone building.
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.
To avoid this type situation in the future, safeguards have been put in place including improved signage and training.
CDM Smith holds the current open contract for Construction Oversight for the Phase 1 project. CDM Smith will continue with the current project and the replacement of equipment damaged by the flooding.
With this change order of $81,997, the total budget impact is $158,177.
Vendor Outreach Efforts:
CDM Smith is currently under contract.
As this is a change order, no further outreach was performed. Committee(s):
None Pro(s):
Ensures the appropriate oversight regarding the construction / rehabilitation of Mills River WTP so that the final product will meet 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. Con(s):
Work approved may not meet the design specifications without proper oversight.
Fiscal Impact:
$81,997 to be funded within the existing Water Treatment Improvements Capital Improvement Program budget.
Passed7–0 · unanimous · Moved by Gwen Wisler, seconded by Sheneika Smith
All members present voted yes.
Staff report summary
On June 10, 2020, the Buncombe County Superior Court approved the settlement of a class action lawsuit regarding certain water service fees entitled Mayfair Partners, LLC v. City of Asheville. A condition of the settlement required that any unclaimed portion of the settlement proceeds would be donated to a charity or charities to be selected by the Asheville City Council and approved by the plaintiffs in the action. On October 27, 2020, in closed session, the City Council selected two nonprofit organizations to receive the donations, the Asheville City Schools Foundation and CoThinkK, both of which have received approval from the class action plaintiffs. On April 13, 2021, the City Council approved a resolution to donate the amount of $949,185.12 in unclaimed funds to the selected organizations. Following these donations, additional residual funds in the amount of $5,751 remain unclaimed from the settlement of the lawsuit and must also be donated pursuant to the terms of the approved settlement. The City Council wishes to divide the remaining funds evenly between the two organizations previously selected to receive them, such that each will receive the amount of $2,875.50. It is the expectation of the City Council that the donated funds will be utilized in such a way as to provide the public benefit of advancing racial equity within the community.
Item II-M · RES 21-116 · Zoning & Land Use · Resolution · consent agenda
Resolution authorizing the City Manager (Consent item M)
Passed7–0 · unanimous · Moved by Gwen Wisler, seconded by Sheneika Smith
All members present voted yes.
Staff report summary
Background:
The new condo development at 55 S. Market Street is complete and the developers are seeking to resolve a real property issue with the City, as follows:
Developers have subsurface footers and a portion of the wall above ground that extend over the City’s right of way on the Beaumont Street side of the complex.
A small portion of the foundation wall is visible from Beaumont Street.
The land was valued at $77.38 per square foot.
The easement for the foundation wall is 47 square feet, making its value $3,636.86.
The market value of this land at South Market Street address was determined by comparing a recent downtown land appraisal done by Robert M. Swicegood for the property at 50 Asheland Avenue.
The Public Works Director has determined that this small easement within the right of way will not substantially impair or hinder the use of the right of way.
Staff recommends that the City grant this easement to cover the foundation wall that has already been constructed.
Additionally, Fifty-Five South Market, LLC wishes to convey, at no cost to the City, three small parcels of property that are located either within or adjacent to the public right-of-way, 0.038 acres located within the right-of-way of Velvet St; Tract D, 0.027 acres located adjacent to the Velvet St. right-of-way; and Tract E, 0.061 acres located within the right-of-way of Market St.
Legal staff have researched the title to these properties and right-of-way.
It is unclear of the ownership, therefore, staff recommends acceptance of these parcels in order to clear up any potential title issues that might inhibit the City’s ability to open or expand these right-of-way areas in the future. Committee(s):
None. Pro(s):
Easement will allow the foundation wall to remain in the City’s right of way.
Developer will be paying market value for the easement.
Acceptance of deeds to the three parcels will provide clear title of the right-of-way to the City Con(s):
None, however, the developer should have settled these real property issues before the building was constructed.
Fiscal Impact:
The fair market value for the easement in the amount of $3,636.86 will benefit the General Fund.
The conveyance of the three parcels is at no cost to the City
Item II-N · RES 21-117 · Public Safety · Resolution · consent agenda
Resolution authorizing the City Manager (Consent item N)
Passed7–0 · unanimous · Moved by Gwen Wisler, seconded by Sheneika Smith
All members present voted yes.
Staff report summary
Background:
The Asheville Special Fire Protection & Ambulance and Rescue Service District of Buncombe County was established and created effective July 1, 2016.
It comprises the Biltmore Estate property, and portions of the Haw Creek District.
It is served by the Asheville Fire Department for fire protection, ambulance, and rescue services.
The Biltmore Estate has been served by the City of Asheville Fire Department since 1995 and Haw Creek has been served by the City of Asheville Fire Department since 2009 through contracts with Buncombe County.
The County levies a special tax in the Asheville Special Fire Protection & Ambulance and Rescue Service District and appropriates those funds to the City of Asheville.
The funds collected by the County as a result of the tax collected and the corresponding sales tax revenue due the District will be paid to the City by the last day of each month in twelve equal monthly installments.
At the end of the fiscal year, the County will reconcile the monthly payments made to the City and the actual amounts collected to make a final adjusted payment in July of the following fiscal year.
The Asheville Fire Department will furnish fire protection and other emergency services as part of the Buncombe County EMS System in the Asheville Special Fire Protection & Ambulance and Rescue Service District and will provide the necessary equipment and personnel.
The term of the current agreement will end June 30, 2021, and the new agreement will begin July 1, 2021 for a term of three years. Pro(s):
Adds capacity and resources that are shared between the City of Asheville and adjacent communities. Con(s):
None Fiscal Impact:
The agreement has an overall positive fiscal impact on tax revenues received by the city.
In FY19-20, property, sales, and DMV tax revenues generated by the district and appropriated to the City were $398,801.
Item II-O · RES 21-118 · Community Programs · Resolution
Resolution authorizing the City Manager to enter into a Memorandum of Agreement with the State of North Carolina on opioid litigation settlement proceeds
Passed6–0 · unanimous · Moved by Gwen Wisler, seconded by Sheneika Smith
Public hearing on the Fiscal Year 2021-22 Annual Operating Budget
No result recorded
All members present voted yes.
Staff report summary
Finance Director Tony McDowell said that this is the public hearing on the Fiscal Year (FY) 2021-22 Annual Operating Budget and inclusion of public input in City Council’s consideration of the budget. This public hearing was advertised on May 28, 2021. Background:
The FY 2021-22 Proposed Annual Operating Budget was presented to City Council on May 25, 2021, and was balanced with an ad valorem tax rate of $0.413 per $100 of assessed valuation.
A copy of the Proposed Budget is available for public review in the City Clerk’s office, as well as on the City’s website (www.ashevillenc.gov).
In accordance with the North Carolina Local Government Budget and Fiscal Control Act (G.S. 159-12), a summary of the Proposed Budget along with a notice of the public hearing was published on May 28, 2021.
Adoption of the FY 2021-22 Budget Ordinance is scheduled for June 22, 2021, at the regularly scheduled City Council meeting.
The Proposed Budget may be changed by City Council in any way before adoption.
It may also be changed by budget amendment after adoption, with the only exception being the ad valorem tax rate, which cannot be changed once the budget is adopted. Pro(s):
Provides the opportunity for the public to comment on the Proposed Annual Operating Budget for FY 2021-22. Con(s)
None Fiscal Impact:
None Finance Director Tony McDowell said that the proposed budget is based on internal work, Council priorities, and community input including a continuation of the reimagining public safety process. The proposed budget is balanced and fiscally responsible. It funds investments in Council priorities through a property tax rate above revenue neutral. It funds core community services in a time of rising costs, and it continues funding for capital improvements program. Work will continue during the next fiscal year, including reimagining public safety, reparations and strategic use of American Rescue Plan (ARPA) funding to achieve goals. He then reviewed the City Council strategies and priorities process drivers, priorities identified and response strategies. He then reviewed the proposed budget funding summary. He provided highlights of the Fiscal Year 2022 budget investment categories including reparations; reimagining public safety (safe communities); employees & workforce; neighborhoods and housing; youth; transportation; environment; and economic development. He noted the revised recommendations of $2.1 Million for reparations planning and community engagement process and initial allocation (White Labs sale proceeds). This will be considered for adoption on June 8. The property tax rate will increase by 3-cents for a total of $41.30 per $100 valuation. After the budget adoption, staff will develop a spending plan for the ARPA. They will also continue reimagining public safety work, including (1) planning with Buncombe County for 911 consolidation utilizing Asheville Police Department (APD) telecommunications budget; (2) assess APD’s role in Asheville Housing Authority properties and Asheville City Schools; (3) develop proposals for mental health and substance abuse, houselessness response; (4) reparations process next steps include (a) Information and Truth Telling Speaker Series (which is underway); and (b) establish Community Reparations Commission; (5) partner with Buncombe County on homeowners’ tax assistance program; (6) work with community partners to identify recreation programming needs; and (7) midyear assessment of stormwater and sanitation services. In response to Councilwoman Roney, Mr. McDowell said that the $7.9 Million is based on positions currently budgeted which does include the existing vacancies. In response to Mayor Manheimer Mr. McDowell said that the starting rate for a firefighter once they are out of the Academy is a little over $44,000, and will bring them, based on their schedule, over the $15.00 minimum pay. Councilwoman Roney appreciated the $150,000 for mitigating the impact on homeowners, but wondered if we have plans to mitigate the impact on renters to expand our partnerships. Mr. McDowell responded that the property tax relief program is being developed by Buncombe County and his understanding is that their program would only be targeted at homeowners. Mayor Manheimer noted that the County has funds (approximately $7 Million) through the federal package that are directed at renters. We will need to discuss with them on how they are going to make that available to people as a resource. Councilwoman Roney was concerned that the eviction moratorium ends at the end of June and we need to address that either with our own eviction protection fund or a partnership. Mayor Manheimer opened the public hearing at 6:00 p.m. Eleven individuals spoke to Council regarding the Fiscal Year 2021-22 budget, with some comments being, but are not limited to: don’t raise property taxes; provide more opportunities for virtual public comments; defund the Asheville Police Department; $150,000 in County’s property tax relief program is not enough; need to fund more into reparations; leave the homeless alone when they get out of the hotels; homeowners should be automatically enrolled in rebates for property tax relief; approving the pay plan makes employees feel valued and boosts morale; pay plan increase for firefighters helps recruiting a diverse pool of applicants; support living wages for firefighters; support for funding for transportation initiatives; support for paid parental leave and paid leave for care of qualifying family member; and need for urban forester position. Mayor Manheimer closed the public hearing at 6:29 p.m. Mayor Manheimer said that the adoption of the budget will occur on June 22, 2021.
Item V-A · ORD 4380 · Zoning & Land Use · Ordinance
Ordinance to rezone property (Residential rezoning request)
Passed7–0 · unanimous · Moved by Sage Turner, seconded by Gwen Wisler
All members present voted yes.
Staff report summary
Mayor Manheimer said that this public hearing was held on May 25, 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.
Item V-B · ORD 4381 · Zoning & Land Use · Ordinance
Ordinance to amend Unified Development Ordinance (Chapter wording amendments)
Passed7–0 · unanimous · Moved by Sandra Kilgore, seconded by Gwen Wisler
All members present voted yes.
Staff report summary
Mayor Manheimer said that this public hearing was held on May 25, 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.
Resolution appointing members to the Board of Electrical Examiners
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Kim Roney
All members present voted yes.
Staff report summary
Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Board of Electrical Examiners. The terms of George Griff (electrical contractor), Charlie Wheeler (journeyman electrician), Drew Pike (utility representative), Russell Thacher (licensed engineer) and Roger Vaught (layman representative) expire on July 1, 2021. The following individual applied for the vacancies: Donald Shane Massey. The Boards & Commissions Committee recommended (1) appointing Donald Shane Massey (electrical contractor), Drew Pike (utility representative), Russell Thacher (licensed engineer) and Roger Vaught (layman representative); and (2) readvertising for the journeyman electrician seat.
Resolution appointing a member to the (Housing Authority board)
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Sandra Kilgore
All members present voted yes.
Staff report summary
Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Citizens-Police Advisory Committee. The terms of Michael Hayes (west representative), Robert Hooper (HACA staff representative) and Karl Katterjohn (east representative) expire on June 30, 2021. The following individuals applied for the vacancies: Anthony Coggiola, Mary Ammerman, Tim Kelley, Mary Clarissa Marshall and Kelly Stamey. It was the consensus of the Boards & Commissions Committee to readvertise for the west and east representatives and reappoint Robert Hooper (HACA staff representative).
Resolution appointing members to the (board appointment)
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by S. Antanette Mosley
All members present voted yes.
Staff report summary
Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Civic Center Commission. The terms of Mukunda Pacifici and Greg Duff will expire on June 30, 2021. The following individuals applied for the vacancies: John Batenhorst, Tim Collins and Mitchell Eaton. It was the consensus of the Boards & Commissions Committee to reappoint Mukunda Pacifica and appoint Mitchell Eaton.
Resolution appointing a member to the (board appointment - Georgene Falcon)
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by S. Antanette Mosley
All members present voted yes.
Staff report summary
Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Asheville-Buncombe Historic Resources Commission. The terms of William Eakins and Maggie Brousaides will expire on July 1, 2021. The following individuals applied for the vacancies: J. Wagner, Amanda Vollrath and Georgene Falcon. It was the consensus of the Boards & Commissions Committee to appoint Georgene Falcon and readvertise for the second seat.
Resolution appointing a member to the (board appointment - Crystal Reid)
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Sandra Kilgore
All members present voted yes.
Staff report summary
Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Human Relations Commission. The term of Raynette Waters (public housing resident) expired on June 1, 2021. The following individuals applied for the vacancies: Bernie Lee Miller, Alexandra DISclarfani, Brittni Worley, Ricky McGrath, Tim Collins and Amanda Benson-Bremseth and Crystal Michelle Reid. The Boards & Commissions Committee recommended appointing Crystal Reid.
Resolution appointing members to the (board appointment - Mike Wasmer)
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Sandra Kilgore
All members present voted yes.
Staff report summary
Vice-Mayor Smith , Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Neighborhood Advisory Committee. The terms of Spencer Hardaway (representing 28803 or 28704 zip code), Mike Wasmer (at-large representative) and Joseph Fioccola (representing 28801 zip code) expire on July 1, 2021. The following individuals applied for the vacancies: Bonnie Snyder Hamrick, Sandra K. Smith and Juan Pablo Chalarca. It was the consensus of the Boards & Commissions Committee to reappoint Mike Wasmer; (2) appoint Juan Pablo Chalarca; and (3) readvertise for the 28803 or 28704 seat.
Resolution appointing a member to the (board appointment - Tod Leaven)
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Kim Roney
All members present voted yes.
Staff report summary
Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Noise Ordinance Appeals Board. The terms of Tod Leaven, Wayne Wheeler and Patrick Gilbert (Alternate) expire on July 1, 2021. No applications were received for these vacancies. It was the consensus of the Boards & Commissions Committee to reappoint Tod Leaven and Wayne Wheeler.
Resolution appointing members to the (board appointment - Ali McGhee and Johanna Hagarty)
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Kim Roney
All members present voted yes.
Staff report summary
Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Public Art & Cultural Commission. The terms of Ali McGhee, Johanna Hagarty and Constance Richards expire on June 30, 2021. The following individuals applied for the vacancies: Nathaniel Wyrick, Christina O’Donnell, Hilary Chiz, Michael G. Waddle, D. Rae Geoffrey, Robin Ellege, Rodney Moore, Maria West, Tarek Inkidar, Wayne Wheeler, Mark Wilson, Bridget McFarthing, Robert Milnes, Reggie Tidwell, Claire Changery, John Moriarty, Leslie Shaw, Erin Hallagar Clare and Whitney Richardson. It was the consensus of the Boards & Commissions Committee to reappoint Ali McGhee and Johanna Hagarty and appoint Reggie Tidwell.