Asheville Council Votes
Public records of the Asheville City Council, made readable

City Council regular meeting — April 12, 2022

Asheville City Council recorded 8 votes at its regular meeting on April 12, 2022; none drew a no vote. Most items concerned Zoning & Land Use and Administrative.

Voting: Sandra Kilgore, Esther E. Manheimer, S. Antanette Mosley, Kim Roney, Sheneika Smith, Sage Turner, Gwen Wisler.

8recorded votes
0split votes
0failed
0members absent

All votes

Item II-A · Administrative · consent agenda

Approval of the minutes of the annual retreat (March 17-18, 2022), regular meeting (March 22, 2022), and special meeting (April 6, 2022)

Passed7–0 · unanimous · Moved by Sandra Kilgore, seconded by Sheneika Smith

All members present voted yes.

Item II-B · RES 22-62 · Transportation · Resolution · consent agenda

Resolution authorizing the City Manager to sign a lease with Citizens Fuel for two dumpsters and a storage building on a City-owned parking lot at Biltmore Avenue

Passed7–0 · unanimous · Moved by Sandra Kilgore, seconded by Sheneika Smith

All members present voted yes.

Staff report summary

Background:

  • The City of Asheville owns a parking lot at 9999 Biltmore Avenue.
  • There are two dumpsters and one storage building situated on the parking lot immediately adjacent to the City’s Fueling Station.
  • Citizens Fuel (formerly Eblen) has been paying the City via the Public Works Department $270.00 per month in return for use of the space; however, there is no written agreement on file.
  • Public Works has indicated that there are no concerns with the dumpsters and storage building remaining on the property so long as Citizens Fuel remain current on their payments and carry appropriate insurance.
  • The Legal Department recommended a lease as the best mechanism to allow this use of City property.
  • The current rental rate of $270.00 per month will continue, but an annual escalation fee of 3% will be included in the lease, with a proposed term of three years.
  • The new lease allows the City to require Citizens Fuel to move the dumpsters and/or storage building or to remove them entirely with ninety days' notice. Committee(s):
  • None Pro(s):
  • The City is receiving revenue from this site and it will increase by 3% every year.
  • The City can request that these facilities be moved or removed if the City changes its plans for the site. Con(s):
  • The City will not be using the space for its own purposes.

Fiscal Impact:

  • The City will be receiving $3,240 during the first year.
  • All income from this lease will be deposited in the General Fund.

Item II-C · RES 22-63 · Public Safety · Resolution · consent agenda

Resolution amending a contract with USS ISS Agency Inc. for new hire background investigations

Passed7–0 · unanimous · Moved by Sandra Kilgore, seconded by Sheneika Smith

All members present voted yes.

Staff report summary

Background:

  • APD entered into a contract on August 1, 2021 with USS ISS Agency, LLC in which they would supply new hire background investigation services for sworn and non-sworn vacancies.
  • All Police Officer candidates and civilian employees that work for the Asheville Police Department must pass a background investigation before they are hired.
  • APD is currently understaffed and we do not have sworn administrative staff available to complete these hiring functions especially given the large increase in volume of new personnel needing to be vetted for hire.
  • Since the execution of the contract, the vendor has completed 26 full, 3 partial, and 10 non-sworn background investigations as well as 2 polygraphs for a total of $59,574.40.
  • This leaves only $20,425.60 available for the next six invoicing periods.
  • APD is requesting approval from council to add funding to our existing contract with USS ISS Agency, LLC for new hire candidate background investigations which will bring the contract total up from $80,000 to $140,000.
  • APD will be using existing operating funds to increase the contract amount.
  • APD has requested additional funding for the Fiscal Year (FY) 2023 budget to cover these increased funding needs. Committee(s):
  • Public Safety Committee
  • March 30, 2022
  • carried unanimously to move forward Pro(s):
  • Ensures the ability to better protect the safety of the residents of Asheville and Buncombe County by allowing as many sworn staff as possible to be available for patrol duties. Con(s):
  • None

Fiscal Impact:

  • As noted above, no additional funding is required.
  • Funding for increasing the contract amount for FY22 will come from the existing Police Department operational budget.

Item II-D · RES 22-64 · Public Safety · Resolution · consent agenda

Resolution authorizing the City Manager to sign a license agreement with DukeNet Communications LLC to continue operating fiber optic equipment at 166 Reservoir Road

Passed7–0 · unanimous · Moved by Sandra Kilgore, seconded by Sheneika Smith

All members present voted yes.

Staff report summary

Background:

  • The City owns two telecommunications towers on the property at 166 Reservoir Road and the City leases antenna space on the towers and ground space for related equipment.
  • The City of Asheville signed a license agreement with DukeNet Communications, LLC in 2012.
  • The agreement allowed DukeNet to install, operate and maintain fiber optic equipment at the site on Reservoir Road.
  • This allowed them to provide fiber optic communications between the two towers on the site.
  • As consideration for the license agreement, the City has the right to use twelve (12) designated dark fibers or unlit fibers along S. Charlotte Street to Reservoir Road.
  • This arrangement has allowed the City to create a no-cost link that will increase public safety network reliability for the City’s radio system.
  • This agreement is set to expire on June 11, 2022.
  • DukeNet has been purchased by Charter Communications, but will continue to operate under the same name.
  • Their agent approached the City with a request to extend the license agreement for another ten years.
  • IT has confirmed that they want the arrangement to be extended and they have approved the provisions of the license agreement. Committee(s):
  • None Pro(s):
  • Maximize the value of the license agreement through access to DukeNet Communications, LLC’s fibers.
  • Maintains a link that contributes to the City of Asheville’s public safety radio reliability. Con(s):

None Fiscal Impact:

  • Under the License Agreement, the City will not receive any revenue from DukeNet Communications, LLC; however, the City will be able to continue to receive the right to use twelve (12) designated dark or unlit fibers along S. Charlotte Street to Reservoir Road.

Item II-E · RES 22-65 · Public Safety · Resolution · consent agenda

Resolution authorizing the City to apply for a U.S. DOJ Law Enforcement Mental Health and Wellness Act grant for a Wellness Coordinator position in the Asheville Police Department

Passed7–0 · unanimous · Moved by Sandra Kilgore, seconded by Sheneika Smith

All members present voted yes.

Staff report summary

Background:

  • In March of 2015, The President's Task Force on 21st Century Policing identified and confirmed in Pillar Six that Officer Wellness and Safety was an identified area of concern and should be addressed.
  • It stated, “a large proportion of officers' injuries and deaths are not a result of interaction with criminal offenders but the outcome of poor physical health due to poor nutrition, lack of exercise and lack of sleep and substance abuse”.
  • Also stated, “An officer whose capabilities, judgment, and behavior are adversely affected by poor physical or psychological health may not only be of little use to the community he or she serves but also a danger to it and to other officers”.
  • In June of 2021, the wellness committee within the police department reported a recommendation to create and maintain a wellness program managed by a Wellness Coordinator to address identified physical fitness and nutrition issues along with coordination of current mental health services in the Asheville Police Department.
  • To create and maintain a successful employee wellness program for police employees there must be a continuum of mental health and wellness strategies beginning at the hiring process and continuing through retirement.
  • The Asheville Police Department, along with the Asheville Fire Department and Human Resources, currently contracts with Responder Services.
  • Responder Services provides resilience training and provides support to include mental health services when recognized and appropriate.
  • A new Wellness Coordinator will provide the missing piece of physical wellness, fitness, nutrition, coordinated training on mental health, peer support and suicide prevention that is currently missing in the Asheville Police Department.
  • A new Wellness Coordinator will increase awareness of effective mental health and wellness strategies, peer support, family resources, suicide prevention, and other promising practices for wellness programs by coordinating regular training/rollcalls with Responder Services and other available City resources.
  • The new Wellness Coordinator will enhance officers' performance and reduce occupational injury; design and implement comprehensive exercise programs for employees following a health and fitness assessment; educate and provide counseling to maintain or improve employees’ physical performance and health; interpret health results for employees and counsel employees regarding their individual health risks; lead exercise sessions, and coordinate mandated and non-mandated training and development of training programs to support credentialing requirements.
  • Physically fit and mentally well officers are able to: demonstrate better de-escalation skills, have lower rates of worker’s compensation claims, build community relations more effectively, have lower suicide rates, have better decision-making skills and, exhibit more positive behaviors. Committee(s):
  • None
  • The short window for grant applications does not allow time for formal committee review.

Fiscal Impact:

  • Funding for supplies, equipment, and training will be requested in the grant application.
  • To maintain the position after the grant funding is exhausted the department will need to fund the position in future fiscal years.

Item II-F · RES 22-66 · Public Safety · Resolution · consent agenda

Resolution amending the 2022 City Council meeting schedule to include an ARPA funding allocations worksession on April 25, 2022

Passed7–0 · unanimous · Moved by Sandra Kilgore, seconded by Sheneika Smith

All members present voted yes.

Staff report summary

Background:

  • In March of 2015, The President's Task Force on 21st Century Policing identified and confirmed in Pillar Six that Officer Wellness and Safety was an identified area of concern and should be addressed.
  • It stated, “a large proportion of officers' injuries and deaths are not a result of interaction with criminal offenders but the outcome of poor physical health due to poor nutrition, lack of exercise and lack of sleep and substance abuse”.
  • Also stated, “An officer whose capabilities, judgment, and behavior are adversely affected by poor physical or psychological health may not only be of little use to the community he or she serves but also a danger to it and to other officers”.
  • In June of 2021, the wellness committee within the police department reported a recommendation to create and maintain a wellness program managed by a Wellness Coordinator to address identified physical fitness and nutrition issues along with coordination of current mental health services in the Asheville Police Department.
  • To create and maintain a successful employee wellness program for police employees there must be a continuum of mental health and wellness strategies beginning at the hiring process and continuing through retirement.
  • The Asheville Police Department, along with the Asheville Fire Department and Human Resources, currently contracts with Responder Services.
  • Responder Services provides resilience training and provides support to include mental health services when recognized and appropriate.
  • A new Wellness Coordinator will provide the missing piece of physical wellness, fitness, nutrition, coordinated training on mental health, peer support and suicide prevention that is currently missing in the Asheville Police Department.
  • A new Wellness Coordinator will increase awareness of effective mental health and wellness strategies, peer support, family resources, suicide prevention, and other promising practices for wellness programs by coordinating regular training/rollcalls with Responder Services and other available City resources.
  • The new Wellness Coordinator will enhance officers' performance and reduce occupational injury; design and implement comprehensive exercise programs for employees following a health and fitness assessment; educate and provide counseling to maintain or improve employees’ physical performance and health; interpret health results for employees and counsel employees regarding their individual health risks; lead exercise sessions, and coordinate mandated and non-mandated training and development of training programs to support credentialing requirements.
  • Physically fit and mentally well officers are able to: demonstrate better de-escalation skills, have lower rates of worker’s compensation claims, build community relations more effectively, have lower suicide rates, have better decision-making skills and, exhibit more positive behaviors. Committee(s):
  • None
  • The short window for grant applications does not allow time for formal committee review.

Fiscal Impact:

  • Funding for supplies, equipment, and training will be requested in the grant application.
  • To maintain the position after the grant funding is exhausted the department will need to fund the position in future fiscal years.

Item IV-A · Zoning & Land Use · Public hearing

Public hearing to consider conditional zoning of multiple properties at 427 Broadway Street from Neighborhood Corridor District to Neighborhood Corridor District/Conditional Zone

Passed7–0 · unanimous · Moved by Sage Turner, seconded by Sandra Kilgore

All members present voted yes.

Staff report summary

At the petitioner’s request,

Item remote-participation · Administrative · Motion

Motion to allow Councilwoman Wisler to participate remotely due to illness

Passed7–0 · unanimous · Moved by Kim Roney, seconded by S. Antanette Mosley

All members present voted yes.