City Council regular meeting — September 14, 2021

Background:

• The Parks & Recreation Department oversees and maintains the highly used urban space in front of City Hall and the Buncombe County Courthouse, Pack Square Park.
• Construction on Pack Square Park was completed in 2008 to be a signature downtown park with a high level of maintenance required.
• Reinvestment in Pack Square Park is needed due to both the age and the change in use of the park.
• The park has evolved from the original intent as a signature urban park into the City’s major downtown outdoor event park.
• This change in use has created conflicts in terms of being able to effectively manage the maintenance requirements that reflect the level of service the City would like to provide.
• The mid-block fountain in front of Pack Pavilion is currently inoperable and is difficult to maintain in this inoperable state.
• A Request for Proposals was advertised for interested companies to re-landscape the plantings in the beds, modify the mid-block fountain, and provide one (1) year of landscape bed maintenance with the option to renew for two (2) additional years.
• Landmark WNC LLC was selected based on experience, qualifications, understanding of the scope of services, cost, and availability.
• Landmark WNC LLC will provide landscape installation and maintenance services.

Vendor Outreach Efforts:

• Staff performed outreach to minority- and women-owned businesses through direct outreach by the Asheville Business Inclusion office, solicitation processes which include posting on the State’s Interactive Purchasing System (IPS) to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers, and the use of both the North Carolina Historically Underused Business (HUB) Database on the State’s IPS site and North Carolina Department of Transportation’s Directory of Firms for Disadvantaged Business Enterprises (DBE) to identify and notify potential contractors of the IPS posting.
• There were four (4) bids submitted and despite our outreach, no Minority & Women-Owned Business Enterprise (MWBE) submitted a bid. Committee(s):
• None Pro(s):
• Contracting with a professional landscape maintenance company will allow for consistent, efficient maintenance
• Reinvesting in the park by planting urban tolerant, appropriate plant material for a heavily used public event space will provide a more sustainable landscape with respect to both plant performance and park maintenance Con(s):

None Fiscal Impact:

• Funding for this contract exists within the currently approved Parks & Recreation department operating budget.

Background:

• This extension will be the first one year extension to the original contract and brings the total value of the contract to $265,860.
• The contract is for the installation of playground mulch to City-owned playgrounds throughout the City.
• The extension will take effect at the end of the current contract (August 31, 2021) and expire August 31, 2022
• The bids for the original contract were opened in June 2020 and the following bids were received: Synergy Sports Charlotte, NC $132,930.00 per year Tumble Safe Etowah, NC $138,596.50 per year Power Mulch Smithfield, NC $143,073.00 per year Mulch SolutionsIndian Trail, NC $151,200.00 per year

Vendor Outreach Efforts:

• Outreach was not performed due to this being an extension to an existing contract. Committee(s):
• None Pro(s):
• Will help continue to meet safety. standards for city-owned playgrounds. Con(s):
• Work will temporarily close playgrounds during installation.

Fiscal Impact:

• Funding for this contract exists within. the currently approved Parks & Recreation department operating budget.

Background:

• McLaughlin Young Group (MYgroup) serves as the City of Asheville employee assistance network providing employees with an Employee Assistance Program (EAP).
• City of Asheville employees and their families have access to network resources at no cost.
• Assistance is available twenty-four hours a day, seven days a week.
• MYgroup offers face-to-face, video, and telephonic counseling sessions.
• Licensed clinicians take all calls for assistance and can provide in-the-moment support.
• EAP services include, but are not limited to, assistance with emotional, family, marital, alcohol, drug, financial, legal, and other personal issues.
• In 2021, the City increased access to behavioral health support to Public Safety employees to maintain the health and wellbeing of these employees who provide service to the community.

Vendor Outreach Efforts:

• Current vendor for the employee assistance program is McLaughlin Young Group.
• This vendor provides specialized support for employees and their families as well as public safety employees.
• Outreach efforts were performed by posting the RFP on the State’s Interactive Purchasing System. Pro(s):
• Continued behavioral health support for employees and their families, particularly during the ongoing COVID pandemic.
• Support for public safety employees who encounter trauma on a daily basis.
• Known provider who specializes in supporting employees and their families. Con(s):

None Fiscal Impact:

• The cost of the increased contract will be $114,874.51.
• Funding will come from the existing budget in the City’s Health Insurance Fund.

Background:

• On July 14, 2020, City Council adopted Resolution No. 20-128 in support of community reparations.
• The resolution calls for the city manager to, “establish a process within the next year to develop short, medium and long term recommendations to specifically address the creation of generational wealth and to boost economic mobility and opportunity in the black community.”
• The city manager and city staff have recommended a 3 phase process that includes (1) Information Sharing and Truth Telling; (2) Formation of a Reparations Commission; and (3) Finalize and Present the Report.
• Phase 1 Information Sharing and Truth Telling process was completed in June 2021.
• Phase 2 of the process was launched immediately following the completion of Phase 1 which began with soliciting vendors to support the work of the Commission and serve as an extension to staff.
• The City of Asheville issued a Request for Proposals to solicit a professional project manager to provide comprehensive, management, coordination and support services throughout the development of and work of the Reparations Commission in coordination with city staff.
• The project manager duties include, but not limited to:
• Assisting Asheville City and Buncombe County Staff in the development of a process to appoint members to the Reparations Commission to include:
• Criteria for appointment to the Commission.
• Support in development of the application to apply to theCommission.
• Make recommendations for appointments to the commission based on criteria in coordination with city and county staff.
• Support for the work of the Reparations Commission to include:
• Incorporation of information received during Phase 1, the Information Sharing and Truth Telling Speaker Series.
• Continued community engagement, information sharing and discussion within impacted communities.
• Attend and facilitate commission meetings.
• Schedule development for short, medium and long term deliverables, including adjustments based on the progress of work and specific recommendations for prioritizing and accelerating critical path items.
• Assist the commission in the development of a final report and recommendations to the City Council.
• Support the formation of working groups of commission members.
• Provide process updates to the City Manager and City Council on a monthly basis.

Vendor Outreach Efforts:

• Staff performed outreach to minority and women-owned businesses through solicitation processes which included posting on the State’s Interactive Purchasing System, the City of Asheville website, the City of Asheville Twitter account, and requiring RFP respondents to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services.
• During preparation for advertising this contract, the contract was shared with the Business Inclusion Manager in the Community & Economic Development Department who also served on the City RFP evaluation team.
• Out of the nine (9) proposals received, all self-identified as minority business owners.
• TEQuity is a woman and minority-owned firm and will be subcontracting with RTI International, an independent nonprofit research institute providing a full range of economic analysis. Committee(s):
• None. Pro(s):
• Advances Council’s resolution to initiate the reparations process. Con(s):
• None.

Fiscal Impact:

• This contract is funded through the initial allocation of $2.1 million for reparations approved June 8, 2021.

Background:

• The American Rescue Plan Act (ARPA) of 2021, which is designed to facilitate the United States’ recovery from the devastating economic and health effects of the COVID-19 pandemic, was signed into law by President Biden on March 11, 2021.
• As part of the ARPA State and Local Government Fiscal Recovery Funds (FRF), the City of Asheville is receiving $26,293,853.
• On July 27, 2021, City Council authorized the receipt of the $26.2 million in ARPA funding and delegated the responsibility to execute any necessary agreements related to ARPA funding to the City Manager.
• The U.S. Treasury Department has issued guidance to describe allowable uses for the ARPA FRF funding, which include administrative costs associated with implementing the ARPA program objectives.
• The City is responsible for the effective administration of the ARPA award, application of sound management practices, and administration of the funds in a manner consistent with the ARPA program objectives and terms and conditions, which includes implementing robust internal controls and effective monitoring to ensure compliance with Treasury guidelines.
• City staff anticipate needing additional in-house staff and potentially contracted labor support to meet the Treasury guidelines.
• The recruitment for an ARPA Manager position is already underway.
• The budget amendment will appropriate ARPA funding in the Special Revenue Fund for administrative costs over the life of the ARPA grant, which will potentially extend until December 31, 2026. Pro(s):
• Provides funding for additional costs the City will likely incur in association with administering the $26.2 million in ARPA funding. Con(s):
• Reduces the amount of ARPA funding available to address other initiatives

Fiscal Impact:

• As noted above, the City will receive $26.2 million in ARPA funding.
• If City Council approves this budget amendment for administrative costs, the City will have budgeted approximately $7.3 million in ARPA funding as detailed in the table below; leaving $18.9 million available for other initiatives. Budgeted ARPA Funding To Date Amount Emergency Non-Congregate Homeless Shelter $2,890,212 Public Portable Toilets $90,000 Homeward Bound Acquisition of the Days Inn $2,000,000 Revenue Loss $1,600,000 Administrative Costs $750,000 TOTAL $7,330,212

Committee(s):

• None Pro(s):
• The City will still have access to these spaces at the existing rate.
• The time extension will allow the City to reassess its parking needs. Con(s):
• None.

Fiscal Impact:

• Parking Services will continue to pay the rental fee and budget for it within the Operating Budget.

Background:

• N. C. Gen. Stat. sec. 18B-300(c) authorizes the City by ordinance to regulate or prohibit the consumption and/or possession of open containers of malt beverages and unfortified wine on the public streets and on property owned, occupied or controlled by the City and to regulate or prohibit the possession of malt beverages and unfortified wine on public streets, alleys or parking lots which are temporarily closed to regular traffic for special events.
• The City Council of the City of Asheville has adopted an ordinance pursuant to that statutory authority; and that ordinance, codified as Section 11-11 in the Code of Ordinances of the City of Asheville, provides that the City Council may adopt a resolution making other provisions for the possession of malt beverages and/or unfortified wine at a special event or community festival.
• The following organization has requested that City Council permit them to serve beer and/or unfortified wine at their events and allow for consumption at the events:
• Asheville Symphony Society for Symphony in the Park, to occur at Pack Square Park on September 19 & 20, 2021 from 6:00 p.m.
• 9:00 p.m.
• On August 24, 2021, City Council adopted Resolution No. 21-179, allowing this event to provide malt beverages and/or unfortified wine; however, they have requested an amendment to their hours.
• Alcohol boundaries are defined as per the accompanying event site map. Committee(s):
• None Pro(s):
• Allows fundraising opportunities for the sponsoring nonprofit organizations Con(s):

None Fiscal Impact:

• None

Principal Planner Shannon Tuch said that this is the consideration of conditionally zoning 200 Villas Court from RM-8 Residential Multi-Family Medium Density District to Residential Expansion/Conditional Zone, and also included in the project are 16 existing townhomes located at 402, 404, 406, 408, 602, 604, 606, 608, 610, 612, 701, 703, 705, 707, 709, and 711 Villas Court. This public hearing was advertised on September 3 and 10, 2021. property boundary and requires a 30’ protective aquatic buffer.

• The City of Asheville is an adjacent property owner to the south.
• General landscape requirements apply, including street tree, parking lot, building impact landscaping.
• The RES EXP-CZ district also requires a 20’ wide, Type A property line buffer around the eastern, southern and western property lines where they are adjacent to residential zoning.
• A number of existing trees are proposed to be preserved with tree credits applied at final technical review.
• The subject property is on the edge of the city’s jurisdiction and is surrounded by R-3 zoning to the east and west, and Open Use zoning to the north.
• Open space and tree canopy preservation requirements apply.
• The proposed plan appears to meet or exceed these requirements.
• The project does not comply with the zoning standards in the following ways:
• Sidewalks range from 5-6’ in width.
• Approximately 5400 s.f. of disturbance is proposed within the aquatic buffers
• Driveway radii exceed city standards.

Comprehensive Plan Consistency:

• The proposed development supports a number of goals including encouraging responsible growth by providing infill development that increases the supply of housing.
• Ten percent of those units will be designated affordable, meeting goals for increasing the supply of affordable housing.

Compatibility Analysis:

• This area of the city is transitioning from a rural/suburban development pattern with pockets of higher density multi-family development scattered throughout.
• The medium scale multi-family residential buildings are compatible with the medium density multi-family zoning that surrounds the project area and is buffered from adjacent lower density residential uses by streams, roads/rights-of-way and vegetated landscape buffers. Committee(s):
• Technical Review Committee (TRC)
• April 21, 2021
• approved with conditions.
• Planning and Zoning Commission (PZC)
• July 7, 2021
• approved 6:0.

Staff Recommendation:

• Staff recommends approval of this rezoning request as currently designed based on the reasons stated above. Ms. Tuch outlined some of the conditions: (1) Technical modifications (driveways, sidewalks, aquatic buffers); (2) Residential infill (completing a previously approved project); (3) 10% of units (7 total) will be affordable; (4) Sidewalk throughout; and (5) Open space & Tree canopy preservation. In response to Councilwoman Turner, Ms. Tuch said that the bulk of the encroachment is due to existing infrastructure. When Councilwoman Turner asked if the development would accept vouchers, Mr. Mike Lovoy, engineer for the project, said that it’s too early to know that; however, they are working with Community Development Programs Director Paul D’Angelo and their plan is to be able to sell the units in the $200,000 range. In response to Councilwoman Roney, Ms. Tuch said that they do not think there will be any accessibility problems with the sidewalks. When Councilwoman Turner asked if there are any plans to build in the northwest area, Mr. Lovoy said that the area is currently for open space and the tree save area. Mayor Manheimer opened the public hearing at 6:05 p.m. and announced that there were no advanced live call-ins for this item. She then closed the public hearing at 6:05 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.

At the request of the applicant’s attorney,

Internal Auditor Patricia Rosenberg said that this is the consideration of a resolution authorizing the City Manager to create a program of work for the American Rescue Plan Act (ARPA) State and Local Government Fiscal Recovery Funds to fund the following categories: affordable housing, care for aging residents, city infrastructure, community communication, domestic violence prevention and assistance, food systems, homelessness services, revenue losses, small business recovery, and workforce development. Background:

• The American Rescue Plan Act (ARPA) of 2021, which is designed to facilitate the United States’ recovery from the devastating economic and health effects of the COVID-19 pandemic, was signed into law by President Biden on March 11, 2021.
• As part of the ARPA State and Local Government Fiscal Recovery Funds (FRF), the City of Asheville is receiving $26,293,853.
• On July 27, 2021, City Council authorized the receipt of the $26.2 million in ARPA funding and delegated the responsibility to execute any necessary agreements related to ARPA funding to the City Manager.
• There have been two City Council worksessions to facilitate the development of a plan for spending the $26.2 million in ARPA FRF funding.
• City Council heard public comment about funding categories at the August 24, 2021 Council meeting.
• The U.S. Treasury Department has issued guidance to describe allowable uses for the ARPA FRF funding, which centers around these major areas:
• Public Health Uses
• Negative Economic Impacts
• Premium Pay for Essential Workers
• Revenue Losses
• Investments in Water, Sewer, and Broadband Infrastructure
• Crime Response and Prevention.
• The City plans to issue a community-wide Request for Proposals (RFP) (open until November 1) for specific projects that fit in the categories that Council approves. While the RFP is open for proposals, staff plans to hold an information session for interested applicants in October. We will also plan to conduct extensive community outreach during that time. Staff will then come with staff recommendations in December, 2021. These are the staff recommended categories to receive funding:
• Affordable housing
• Care for aging residents
• City infrastructure: building safety and resilience
• Community communication
• Domestic violence prevention and assistance
• Food systems
• Homelessness services
• Revenue losses
• Small business recovery
• Workforce development Committee(s):
• Worksessions with City Council
• July 27, 2021 and August 24, 2021 Pro(s):
• Addresses community needs to aid in the recovery from the devastating economic and health effects of the COVID-19 pandemic
• Provides equitable solutions to repair harm that was exacerbated by the pandemic and build resilience for the future Con(s):

None Fiscal Impact:

• The $26.2 million in ARPA FRF funding was authorized for receipt by Council on July 27, 2021.
• Staff is bringing forward budget amendments to appropriate the funding as Council approves specific usage of the $26.2 million. Councilwoman Roney said that because we are experiencing overlapping emergencies while some of these categories may have other funding options, she was concerned that we are making a bet that federal infrastructure funds might get passed to the state and they will already be absorbed at the state level. She asked Council to consider our own climate justice initiatives by adding climate change to the categories as part of our Council goals for both an equitable recovery from the pandemic and reimaging public safety which we identified in our retreat, and in hopes that it will also help us meet our goals for the Living Asheville Comprehensive Plan. In response to Mayor Manheimer, City Manager Campbell and Ms. Rosenberg both were not concerned with the addition of climate change to the categories because we may not get proposals for all the categories. If there are concerns, staff will certainly come back to Council for further direction. Mayor Manheimer said no advanced public comments were received. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the African American Heritage Commission. The term of Marvin Chambers will expire on July 1, 2021. The following individuals applied for the vacancy: Dewayne McAfee, Stephen J. Blount, Valeria Watson and Ashley Wilderding. At the request of the Commission, it was the consensus of the Boards & Commissions Committee to appoint Stephen J. Blount. It was the consensus of the Boards & Commissions Committee to appoint Stephen J. Blount.

Vice-Mayor Smith , Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Buncombe County Tourism Development Authority. The terms of Himanshu Karvir and John Luckett (both representing lodging of 101+ rooms), as members of the Buncombe County Tourism Development Authority, expire on August 1, 2021. In addition, James Poole (representing lodging units of 100 rooms or less) has resigned, thus leaving an unexpired term until August 31, 2021. The following individuals applied for the specific open seats: Matthew Lehman, Pratik Bhakta and Michael Lusick for the 101+ rooms; and Scott Kerchner and Larry Crosby for the 100 rooms or less. On September 14, 2021, City Council interviewed Matthew Lehman, Pratik Bhakta, Michael Lusick for the 101+ rooms; and interviewed Scott Kerchner and Larry Crosby for the 100 rooms or less. Each member of City Council stated their top two choices for the seats representing lodging of 101+ rooms: Pratik Bhakta received two votes; Michael Lusick received seven votes; and Matthew Lehman received five votes. Therefore, Michael Lusick and Matthew Lehman were each appointed to the Buncombe County Tourism Development Authority representing lodging of 101+ rooms, terms to expire August 11, 2024, or until their successors have been appointed.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Civic Center Commission. Bill Jones, member of the Civic Center Commission, resigned, thus leaving an unexpired term until June 30, 2022. The following individuals applied for the vacancy: Yvonne Cook Riley, Kim Oliver, Kevin King and Chad Evans. It was the consensus of the Boards & Commissions Committee to appoint Yvonne Cook Riley.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Human Relations Commission. Veronica Coit, member of the Human Relations Commission, resigned, thus leaving an unexpired term until June 1, 2023. In addition, Tim Collins resigned, thus leaving an unexpired term until June 1, 2022. The following individuals applied for the vacancy: Amanda Benson-Bremseth, Michael Brown, Marilynn Raynor and Edie Welchert. It was the consensus of the Boards & Commissions Committee to appoint Marilynn Raynor, and to re-advertise for the second vacant seat.

Vice-Mayor Smith , Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Planning & Zoning Commission. The terms of Tony Hauser and Guillermo Rodriguez, as members of the Planning & Zoning Commission, expire on August 14, 2021. The following individuals applied for the vacancies: Sherrye Coggiola, Roosevelt Harvin, Ricardo Seijo, Sara Wilcox, Lee Arevian, Kenneth Bussey Jr. and Geoffrey Barton. On September 14, 2021, City Council interviewed Ricardo Seijo, Sara Wilcox, Kenneth Bussey Jr. and Geoffrey Barton. Sherrye Coggiola and Roosevelt Harvin were unable to attend the interviews. Each member of City Council voted for their top one or two members, with a request that the second seat be re-advertised. Kenneth Bussey Jr received one vote; Ricardo Seijo received no votes; Geoffrey Barton received seven votes; Sara Wilcox received two votes. Therefore, Geoffrey Barton was appointed as a member to the Planning & Zoning Commission, term to expire August 14, 2024, or until Geoffrey Barton’s successor has been appointed; and to readvertise for the second vacant seat.