City Council regular meeting — June 14, 2022

Affordable Housing Officer Sasha Vrtunski said that this is the consideration of a request to approve a land use incentive grant for Hilliard Flats LLC for development on 217 Hilliard Avenue. This public hearing was advertised on June 3, 2022. Review:

• Hilliard Flats LLC has applied for a Land Use Incentive Grant (LUIG) for their development at 217 Hilliard Avenue per the LUIG policy adopted by City Council and amended on June 22, 2021.
• The development consists of 80 micro housing units and community space.
• For the purposes of this LUIG application, Hilliard Flats LLC is only asking for a LUIG on parcels containing the +/- 80 residential units of housing.
• Micro units each have a sink, area for a microwave or other small appliances.
• There is a full kitchen and a lounge for shared use on each floor.
• Housing represents 100% of all rentable square footage.
• Of the +/- 80 residential units, 16 rental apartments (20%) will be affordable, serving individuals and families earning at or below 80% of the Area Median Income (AMI) for a minimum of 20 years.
• The project encompasses 0.187 acres of land bound by Hilliard Avenue in Downtown Asheville, with the current pin number below that will be subdivided into two parcels, one with the existing house on Grove Street.
• 9648-29-6171
• The developer estimates a total development cost of approximately $7.2M.
• Estimated Tax Value of the property is $7.2M post-completion. This is currently the same as the construction value.
• The project, as presented to staff, meets the following

Eligibility Requirements:

• The proposed development consists of two or more dwelling units for rent;
• At least 20% of the units will meet the affordability standards set by the City of Asheville for households earning at or below 80% of the Area Median Income (AMI).
• The affordable units will be affordable to and leased to income-eligible households for at least 20 years.
• The proposed development is located inside the city limits.
• The proposed development provides residents convenient access to jobs, schools, and services.
• The proposed development is over the 70% residential threshold in use based on square footage not to include a parking structure if applicable.
• The LUIG policy requires that the grant be approved by Council before zoning approval.
• This project received zoning approval last fall at the Planning and Zoning Commission.
• As no building permits have been issued, staff believe the project falls within the intent of the policy.
• Per the LUIG Scoring Matrix and based upon the policy, the project will receive a total score of 105 points.

Proposal:

• Affordable Rental Housing
• The proposed project will provide sixteen (16) affordable units (20% of the total units) to individuals and families earning at or below 80% AMI, with 8 (50% of the affordable units) accepting rental assistance, for an affordability period of twenty (20) years.
• Under this category, the project qualifies for 20 points.
• Rental Assistance
• The proposed project will accept 8 Housing Choice Vouchers / Rental Assistance in the community, and possibly consider more.
• Under this category, the project qualifies for 10 points.
• Superior locational efficiency
• The proposed project is located within the Central Business District, 0.25 mile of a 1⁄2 hour transit stop served by an existing or future sidewalk, within 1 mile from a job or urban center, and within a 0.5 mile from a Transportation Amenity.
• Under this category, the project qualifies for 50 points.
• Energy Efficiency
• The developer has committed to using Energy Efficiency (EE) / Energy Star Certification.
• Under this category, the project qualifies for 5 points.
• Staff has scored the project with 105 points, which qualifies the project for twenty-one (21) years of Land Use Incentive Grant. Committee(s):
• Housing & Community Development Committee
• April 27, 2022
• approved 2-1.
• Finance Committee
• May 24, 2022
• approved 3-0. Pro(s):
• The proposed project will provide 16 affordable rental housing units to households earning 80% or less of area median income;
• The proposed project will have an affordability period of twenty (20) years;
• The proposed project addresses the pressing need for affordable one-person housing units.
• The proposed project should have a significant economic impact.
• Construction wages and material purchases will positively affect the local and regional economy;
• The 16 affordable units are located in Downtown Asheville (walkability score of 89
• very walkable, bike score of 69
• bikeable, some bike infrastructure) and provide downtown employment & shopping options for individuals and families who fall within the 80% AMI incomes.
• Hilliard Flats LLC will communicate with the Asheville Housing Authority and others that they are accepting Housing Choice Vouchers and Rental Assistance as the development prepares to come online. Con(s):
• Cost estimates are not yet fully developed, and project costs as presented may change as it moves towards development.

Fiscal Impact:

• The parcel will be subdivided and the vacant piece where the building will be built has an estimated current tax value of $195,404 and pays city property taxes of approximately $787 annually.
• Under the estimated tax value of $7.2M post-completion, the annual city property tax will be approximately $29,016.
• The difference is $28,228 which would be granted to the property owner annually after payment for 21 years.
• For 21 years and 16 affordable units at or below 80% AMI, the city will grant back a total of $592,790 over the 21 years of the LUIG which equals $37,049 per unit of subsidy which is lower than the estimate of up to $80,000 in subsidy for 80% AMI homes as noted in Council Work Sessions and a subsidy cap noted in the LUIG Policy.
• After year 21, the City will receive the approximate $29,016 annually in city tax revenue (depending on future property tax increases, etc.).
• Please note the City will still receive property taxes of approximately $787 per year in years 1
• 21.
• The City sets aside a budget annually for Land Use Incentive Grants. Ms. Vrtunski said that the key takeaways for this project is (1) LUIG application for 217 Hilliard Avenue micro housing; (2) Project committing 16 units (20%) to be affordable for 20 years at 80% or below; (3) Project qualifies for 21 years of taxes paid; (4) Project has already been approved by Planning & Zoning, and will need a waiver for receiving a LUIG before zoning approval; and (5) The project has not received a zoning permit yet. The project background is (1) The development consists of 80 micro housing units and community space. For the purposes of this LUIG application, Hilliard Flats LLC is only asking for a LUIG on parcels containing the +/- 80 residential units of housing; (2) Housing represents 100% of all rentable square footage; (3) Of the +/- 80 residential units, 16 rental apartments (20%) will be affordable, serving individuals and families earning at or below 80% of the Area Median Income (AMI) for a minimum of 20 years; (4) The project encompasses .187 acres of land bound by Hilliard Avenue in Downtown Asheville; and (5) The developer estimates a total development cost of approximately $7.2M. The taxable value after construction will likely be lower which would result in a lower yearly grant. The point summary is as follows: (1) 20% of units affordable at 80% AMI (20 points); (2) 10% Rental Assistance (5 points); (3) Location: (a) Within the Central Business District (30 points); (b) Within .25 mile of a ½ hour transit stop; (c) 1 mile from a job or urban center; and (d) .5 mile from a transit amenity; (4) Energy Efficiency / Energy Star (5 points); (5) Energy Efficiency / Green Built homes (10 points); and (6) Universal Design- 20% of units (10 points)
• Total Points: 105 points = 21 years of grant. The LUIG specifics include (1) The parcel will be subdivided and the vacant piece where the building will be built has an estimated current tax value of $195,404 and pays city property taxes of approximately $787 annually; (2) Under the estimated tax value of $7.2M post-completion, the annual city property tax will be approximately $29,016; (3) The difference is $28,228 which would be granted to the property owner annually after payment for 21 years; (4) For 21 years and 16 affordable units at or below 80% AMI, the city will grant back a total of $592,790 over the 21 years of the LUIG which equals $37,049 per unit of subsidy which is lower than the $80,000 subsidy cap noted in the LUIG Policy; and (5) After year 21, the City will receive the approximate $29,016 annually in city tax revenue (depending on future property tax increases, etc.). She explained the existing conditions
• noting the historic house will remain; and a new 0.18 acre lot will be created. She reviewed some site and floor plans. She said that the Housing and Community Development Committee reviewed this LUIG request at their April 27 meeting and voted 2-1 in favor of approval. The Finance Committee reviewed the request at their May 24 meeting and voted 3-0 in favor of the approval. Staff recommends approval of the Land Use Incentive Grant application for Hilliard Flats LLC at 217 Hilliard Avenue. Vice-Mayor Smith said that based on the housing need in that community, she didn’t feel this meets the affordability level. With another development coming in across the street on Hilliard (about 300 units), she questioned how does new development affect the homeowners in the southside community, and what it does to their property values. Mayor Manheimer said that Buncombe County is still working on how to address disparity by neighborhoods; and City Manager Campbell said that the City and County have programs that help low and moderate income people with property taxes. Councilwoman Turner noted that while 16 of the units will be affordable, serving individuals and families earning at or below 80% of the Area Median Income (AMI) for a minimum of 20 years, eight will also accept Housing Code vouchers. Mr. David Moritz, developer, was excited to bring workforce housing to asheville to address affordable housing. His partner has built 10 of these models in other cities and they feel this will be an asset to Asheville and the downtown community. In response to Councilwoman Kilgore, Mr. Moritz explained the shared amenities and said the units would run around $1,000/month with utilities included. Councilwoman Roney, who appreciated their commitment to the Energy Star Certification, asked if they had any plans for future investments of solar or renewable energy options. Mr. Moritz said that they are looking at solar; however, they have not committed to that yet. He noted that they have other things like one electric meter that allows them to be a bit more sustainable. In response to Mayor Manheimer, Mr. Moritz said that even though there is a home in the property they purchased, that land will not be included in this project. He noted though that they have agreed to extend and build a full sidewalk along that section of the street. When Councilwoman Turner asked about the project timeline, Mr. Moritz said they would like to break ground this summer, with construction being about 12-18 months. Mayor Manheimer opened the public hearing at 5:38 p.m. Nina Tovish felt that the number of affordable units should be larger, that they all accept Housing Code vouchers, there be a longer affordability period; and lower the AMI. Mayor Manheimer closed the public hearing at 5:42 p.m. When Councilwoman Mosley asked if there has been any discussion with the developer about increasing the number of affordable units and/or the level of affordability to 60% AMI, Mr. Moritz responded that this is their best attempt to bring reasonably priced housing to downtown Asheville. With construction costs increasing, the project is tight and what they propose is all they can do. He agreed that when development occurs it shouldn’t be at the detriment of the neighborhood, but they are just trying to bring workforce housing to downtown Asheville. In response to Councilwoman Roney, City Attorney Branham said that these units would not be eligible to be short-term rentals and to do so would be a zoning violation. Vice-Mayor Smith acknowledged that the developer meets all the requirements for the LUIG policy; however, we need to consider the location of the project. We must have developers consider the community that they will be building in and their income base. Since she didn’t feel these concerns were addressed, she could not support this project. Councilwoman Wisler noted that we are not approving the project at this time because it falls within the guidelines for staff approval. The only reason this is before City Council is because of the LUIG grant request. If we don’t approve the grant, the developer can move forward with no affordability. Ms. Vrtunski clarified that, if approved, the developer would get 21 years of taxes paid, but he keeps the units affordable for 20. Councilwoman Roney hoped that we can work on a better policy to reflect our values. Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.

Background:

• The recreation area known as the Charlie Bullman Park is owned by the East Asheville Youth Activities Booster Club (East Asheville).
• In 2011, the City of Asheville entered into a lease agreement with East Asheville for property located at New Haw Creek Road and Bell Road.
• The property and existing site improvements have been used exclusively for recreational purposes.
• The park is needed for recreational programming activities serving East Asheville.
• This lease is beneficial to the Parks and Recreation Department because it allows the department to support youth recreation sports, specifically baseball, softball and t-ball.
• The most recent lease expired in August 2021, and the City approached East Asheville expressing interest in renewing the lease for an additional 2 (two) years at the current rate of $1.00 per year.
• East Asheville is agreeable to an extension of the lease for another 2 years.
• Existing terms of the lease will continue, such as the City’s commitment to maintain the facilities, make any necessary repairs, and cover all utility costs. Council Goal(s)
• A Well Planned and Livable Community Pro(s):
• City utilizes the facility for nominal rent.
• City is free to make any improvements it deems appropriate. Con(s):
• The City is responsible for maintaining the facility during the term of the lease.

Fiscal Impact:

• The lease commits the City to costs to maintain the facility.
• Parks and Recreation staff, however, negotiate with local leagues relative to the provisions of a Memorandum of Understanding (MOU).
• This MOU specifies and limits the City’s obligation to issues such as field readiness for play.

Vendor Outreach Efforts:

• Not applicable Committee(s):
• None Pro(s):
• Supports Resolution 17-104 Encouraging a State Goal of 100% Renewable Energy by 2050
• Supports Resolution 18-279 Establishing a 100% Renewable Energy Goal
• Supports Resolution 20-25 Declaration of a Climate Emergency
• Action prioritized in Moving to 100% Renewable Energy Roadmap Con(s):
• This will consume staff time to file the petition to intervene, draft comments, and monitor the docket

Fiscal Impact:

• None anticipated

Background:

• The existing chiller and chilled water pump at Public Works Building A is at the end of its expected useful life and is in need of replacement.
• A request for bids was advertised May 5, 2022, and bids were received June 1, 2022.
• The following five (5) bids were received: Base Bid Bid Alternate 01
• Pyatt Heating and Air of Marion, NC $139,430.00 $ 3,922.00
• Nor-Well Company, Inc. of Elizabethton, TN $148,900.00 $ 9,800.00
• Renfrow Brothers, Inc. of Spartanburg, SC $150,532.00 $ 7,728.00
• Haynes Industrial of Asheville, NC $160,877.00 $ 5,778.00
• Smyre Refrigeration of Claremont, NC $525,656.00 $59,574.00
• Pyatt Heating and Air of Marion, NC was determined to be the lowest responsive and responsible bidder, including the selected Bid Alternate #01.
• Due to long product lead times for mechanical equipment, the project duration is estimated at 297 consecutive calendar days.

Vendor Outreach Efforts:

• Staff performed outreach to minority owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority Owned Business Enterprise (MWBE) service providers for subcontracted services.
• Dover Insulation of Marion, NC–a WBE enterprise–will be subcontracted for this project. Committee(s):
• None Pro(s):
• This project will provide effective and reliable cooling to the Public Works building, for the comfort, health and safety of the building occupants.
• The new chiller will be more efficient than the existing equipment. Con(s):
• None.

Fiscal Impact:

• The funding for this contract is already included in the Fiscal Year 2022 adopted operating budget.

Background:

• On August 25, 2020, the City Council authorized the City Manager to enter into a Design-Build contract with Weaver Cooke Construction and to execute any associated cost amendments up to a total of $2,304,831.00.
• The elevator’s historic qualities will be preserved in the execution of the improvements.
• Per City Council Resolution No. 17-09, City Hall is noted as a landmark historic structure, with specific references to the elevators.
• The Historic Resource Commission has issued a Certificate of Appropriateness for the City Hall Elevator Modernization Project as a major work project.
• The Design-Build delivery method was approved by the City Manager in January 2020 per the requirements of N.C. Gen. Stat. sec. 143-128.1A and City Council Resolution No. 16-45.
• On May 14, 2022, Council passed an amendment to authorize additional funds for a total of $2,360,000.00.
• Later in the month, the elevator inspector was at City Hall for a review of elevator #1, which passed inspection, and started operations on May 24.
• Elevator #3, the City’s last manually operated elevator, was decommissioned on the same day.
• During the elevator inspection, the inspector noted the need for additional fire rated walls in the elevator machine room on the 9th floor of City Hall.
• This work will be challenging due to the tight spacing of equipment and the age and design of the existing 94 year old elevator shaft.
• While elevators #1 and #2 are allowed to operate, the City must comply with the new requirements in order to complete the project.
• The requested funds will be added to the contract, and will incorporate sufficient contingency to address fire rating requirements as well as accommodate other potential new requirements.
• This amendment increases the City Manager’s authority by an additional $130,000.00 to a revised total of $2,490,000.00.

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.
• MWBE participation is anticipated to be $119,221.00, or 5.04% which exceeds the City’s goal of 4.6% for construction. Committee(s):
• None Pro(s):
• The amendment allows for the completion of the project. Con(s):

None Fiscal Impact:

• Funding for this contract and any cost amendments up to a total of $2,490,000.00 is already included in the project budget.

Background:

• The project includes installation of sidewalk, pedestrian signal crossings, wheelchair ramps, and bus pads along NC 280 Airport Road from US 25 Hendersonville Road to the southernmost entrance to Walmart.
• The area identified for the project has large pedestrian use and there is no sidewalk available or gaps missing between sections.
• The area identified will improve mobility options and help to ensure that the City of Asheville remains compliant with current City standards and the Americans with Disabilities Act (ADA).

Vendor Outreach Efforts:

• The Request for Qualifications (RFQ) was advertised on November 17, 2021.
• Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System, direct contact of firms on City, Historically Underutilized Business (HUB), and Department of Transportation (DOT) Minority & Women-Owned Business Enterprise (MWBE) lists, and requiring prime contractors to reach out to service providers for subcontracted services.
• Design firms / Engineers that submitted included the following:
• DRMP, Inc. (subconsultant GSC Geotechnical, is a Small Professional Service Firm (SPSF))
• Mattern & Craig, Engineers & Surveyors
• Parrish & Partners of North Carolina, PLLC (subconsultant New South Associates Cultural & Natural Resources, is SPSF)
• SEPI Engineering & Construction, Inc. (MWBE found on HUB)
• TGS Engineers (subconsultant GSC Geotechnical, is SPSF)
• Threadcraft Engineering, Inc. (MWBE found on City list)
• Vaughn & Melton Consulting Engineers (subconsultant Froehling & Robertson Geotechnical, is MWBE)
• Wood Environment & Infrastructure Solutions, Inc. (subconsultant, Site Design Studios, is MWBE / subconsultant, Cole Surveying and Design, is SPSF)
• The highest-rated company, SEPI Engineering & Construction, Inc. of Raleigh, NC with offices in Asheville, NC, is a MWBE. Committee(s):
• None Pro(s):
• Design of sidewalk that will meet City and National ADA standards.
• Improve mobility and safety on city streets.
• This action also aligns with the 2036 City Council Vision in that it will make “getting around Asheville easy” (Transportation and Accessibility). Con(s):
• Construction will be disruptive to adjacent residences and businesses.

Fiscal Impact:

• Funding for this contract is already included in the 2016 General Obligation (G.O.) Bond Program.

Background:

• This project includes the modernization of boilers at the Shiloh Community Center as well as a transition from boilers to a rooftop package unit for heat and added air conditioning for the gymnasium.
• The Shiloh Community Center currently has HVAC equipment many years beyond its intended useful life, which has led to the system constantly failing, causing higher maintenance costs.
• A rebid was advertised on April 13th, 2022.
• The City received and opened 3 bids on May 5th, 2022.
• The names of the contractors and bid amounts (with selected alternates) are listed below:
• Haynes Industrial (M.B. Haynes Corp.), Asheville, NC $477,359.00
• Bolton Construction & Services of WNC, Inc., Asheville, NC $492,330.00
• J. Bartholomew Construction, LLC., Hendersonville, NC $519,844.00
• Haynes Industrial, a Division of MB Haynes Corporation, was the lowest responsible responsive bidder with selected alternates.
• Through negotiations, the proposed construction fee was reduced to $440,172.00.
• The primary construction contract will be valued at $425,727.00.
• A secondary service contract valued at $15,250.00 will be awarded via alternate means outside of this primary agreement.
• This project will start immediately with a target substantial completion in Winter 2022 or within 60 days from the date of equipment delivery.
• Due to Covid-19 related shortages, equipment delivery times may affect the project completion date.

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, direct outreach, and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services.
• No MWBE General Contractors or Subcontractors submitted bids for this solicitation. Committee(s):
• None Pro(s):
• This project works towards sustainability objectives by decreasing reliance on fossil fuels through electrification, which will make use of the newly installed solar PV system. (The solar PV system was oversized in anticipation of this project.)
• The new modernized modular boiler system will have enormous efficiency improvements as well as added redundancy in the event of failure during below freezing temperatures, making repair times less critical.
• The new systems will allow for remote monitoring, which allows facility maintenance staff the ability to review system conditions without having to physically visit the site, reducing employee expenses and freeing up staff resources. Con(s):
• Because of material and contractor labor shortages the construction cost is significantly higher than estimates.

Fiscal Impact:

• Funding for this contract is included in the current Adopted Capital Improvement Program budget.

Background:

• The Municipal Building, which houses Fire and Police Headquarters at 100 Court Plaza in Downtown Asheville, is in need of essential structural repairs and exterior renovations to the building facade and roof.
• A Request for Qualifications (RFQ) was advertised on October 22, 2021, for Architectural and Engineering Professional Services.
• The services requested in the RFQ included a pre-design building investigation and scope assessment; solar feasibility study; and architectural renovation design.
• Responses were due November 18, 2021.
• The City received five Statements of Qualifications from the consultants listed below:
• Atlas Engineering, Inc.-- Raleigh, NC
• NOVA Engineering and Environmental, Inc. –Charlotte, NC office
• Tarchitects– Raleigh, NC
• Terracon Consultants, Inc.-- Charlotte, NC office
• WGI, Inc. – Charlotte, NC Office
• A committee consisting of representatives from the Asheville Fire Department, Asheville Police Department, and Capital Projects Department carefully evaluated the submissions.
• Terracon received the highest score.
• On February 21, 2022 the City Manager executed a contract with Terracon Consultants Inc., in the amount of $33,200 for the initial building investigation and scope assessment phase of engineering.
• On May 25, 2022 the City Manager executed Amendment No. 1 in the amount of $55,800 authorizing additional structural investigation.
• This additional work was based on the findings from the initial investigation.
• The total revised contract value including Amendment 1 is $89,000.
• This Amendment No. 2 in the amount of $15,000 will authorize additional investigation and testing of the building exterior and roof.
• This additional work is based on the findings from the initial investigation.
• The total revised contract value including Amendment 2 is $104,000.
• The original contract duration for the preliminary investigation was four months through June 21, 2022. This Amendment No. 2 will add 45 days for the additional services, for a revised completion date of August 5, 2022.

Vendor Outreach Efforts:

• Staff performed outreach to minority and women owned businesses through the Request for Qualifications solicitation process which included posting on the State’s Interactive Purchasing System and encouraging consultants to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services.
• Terracon Consultants, Inc. is subcontracting with Sud Associates, P.A. of Asheville, NC, which is a Minority-Owned Enterprise. Committee(s):
• None Pro(s):
• This amendment will allow the project scope to be fully defined so that the engineering of the construction documents can proceed. Con(s):
• The services provided under this contract are likely to identify costly repairs to the Municipal Building.
• Addressing these needs will require most of the funding allocated to facility maintenance over the five year Capital Improvement Program (CIP), limiting the capacity to address maintenance needs at other facilities.

Fiscal Impact:

• Funding for this contract and any cost amendments up to a total of value of $220,000 is already included in the capital project budget within the adopted Capital Improvement Program (CIP).

Background:

• Approval of the contract will allow the city’s lobbyist to continue providing legislative services.
• The current contract will expire on June 30, 2022.
• The City’s lobbyist provides valuable services through advocating the City’s legislative agenda, lobbying against bills which would be harmful to the City, and providing general counsel to the City and its elected officials on matters dealing with the State legislature..
• In order to maintain these services, it is necessary to initiate a new contract by July 1, 2022.

Vendor Outreach Efforts:

• N/A Committee(s):
• N/A Pro(s):
• Provide continued legislative services in the General Assembly Con(s):

None Fiscal Impact:

• The previous contract for these services included a monthly rate of $6,000, but has not been adjusted in many years.
• The proposed contract will increase the payment to $7,000 per month, a rate still below other cities contracting for similar services.
• Funding for the contract is included in the General Fund Budget.

Background:

• Buncombe County has billed and collected City property taxes, including the City’s fee charged for motor vehicles licenses, for many years.
• In 2019, Buncombe County and the City of Asheville entered into an updated agreement for the County to continue billing and collecting property taxes under a revised fee structure.
• The 2019 agreement provided for a three-year extension of the agreement and delegated approval of that extension to the City and County Managers.
• Approval of the three-year extension by the Managers has occurred and will become effective on July 1, 2022.
• As a part of the extension, the County has requested a change in the method that electronic funds are deposited with the City.
• Historically funds have been deposited in the City’s North Carolina Capital Management Trust (NCCMT) account.
• The County, for efficiency reasons, has requested that funds be deposited into the City’s main operating account instead of into the NCCMT account, which follows the County’s normal process for issuing payments.
• The City Finance Department supports this change and requests Council approval of the Addendum.
• The Buncombe County Board of Commissioners approved the Addendum at their June 7, 2022,meeting. Pro(s):
• Allows the City to continue receiving tax revenue proceeds from the County utilizing an efficient and mutually agreed upon electronic funds deposit method. Con(s):

None Fiscal Impact:

• There is no direct fiscal impact to approving this Addendum.
• Under the terms of the agreement, the City will pay the County a flat fee of $877,666 in fiscal year 2023 for tax collection services.
• The fee for these services increases annually with an automatic annual escalation rate of 2.5% for each successive fiscal year of the agreement

Background:

• The City of Asheville’s Water Resources
• Water Production Division operates three water treatment plants (WTPs) to produce clean, safe drinking water for people in The City of Asheville, Buncombe and Henderson Counties.
• Each of these plants remove impurities and residuals as part of the treatment process.
• These residuals (sludge) are stored in lagoons on site at each facility and are removed on a yearly basis to provide room and storage capacity to allow for water production.
• Each of these systems are permitted and regulated through the National Pollution Discharge Elimination System (NPDES), and are subject to those requirements.
• In 2019, the City of Asheville Water Resources
• Water Production Division issued a RFP for the Water Treatment Plant Sludge Removal Project to provide removal of water treatment residuals from the Mills River, North Fork and William DeBruhl WTPs.
• This contract was a three year contract.
• Due to unforeseen circumstances, the first year of removal was conducted in 2020 and year two was delayed until 2021.
• Year three has not been conducted and the current contract will end in June 2022 if not extended.
• Due to Tropical Storm Fred, which impacted Western North Carolina on August 16 through 17, each of the treatment plants have accumulated excess solids and are in need of immediate removal.
• The extension of this contract to complete year three will allow this removal and provide adequate time to bid and establish a new multi year contract for future removals of treatment residuals.

Vendor Outreach Efforts:

• The original contract was established after issuance of a Request for Proposals and a competitive process to establish the most capable vendor to perform residuals removal from the City of Ashevile’s Water Resources
• Water Production Division water treatment plants.
• The City of Asheville entered into a general services agreement with Bio-Nomic Services, Inc. on August 13, 2019 for the removal of Water Treatment Plant Residuals for the three Water Resources
• Water Production water treatment plants.
• Bio-Nomic Services, Inc. has provided residuals removal services for the City of Asheville’s Water Resources
• Water Production Division and have proven to be capable of performing all contracted services. Committee(s):
• None Pro(s):
• Allow all water treatment plants to continue to operate as designed and for each plant to continue to produce high quality drinking water.
• Remove residuals to provide storage for treatment residuals for the next year,
• Reduce the risk of compliance violations. Con(s):

None Fiscal Impact:

• Funding for this repair is currently allocated within the Water Resources
• Water Production Operating Budget.

Background:

• The Asheville City Council previously authorized the granting of franchises to install telecommunications facilities within the City of Asheville’s right-of-ways.
• As a result, the City and the Education and Research Consortium of the Western Carolinas, LLC (“ERC”) entered into a telecommunications franchise in 2004 (Ordinance No. 3127), and amended in 2012 (Ordinance No. 4124).
• This agreement provides fiber optic capability to the City of Asheville in lieu of franchise fees for the use of City right of way.
• ERC wishes to transfer this responsibility to a separate entity and requires consent of the City for the assignment.
• Assigning this agreement will allow the City to continue utilizing the fiber optic capability, and allow ERC to fully transfer ownership to a new entity, ERC Broadband, LLC.

Vendor Outreach Efforts:

• N/A Committee(s):
• N/A Pro(s):
• Allows the City to continue receiving broadband services without interruption or changes to the existing terms of its franchise agreement. Con(s):
• None noted.

Fiscal Impact:

• None. However, consenting to the assignment will allow the City to avoid the cost of installing its own fiber infrastructure, estimated at a cost of more than $4.9 million in 2012.

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 Beverly Miller will expire on July 1, 2022. The following individuals applied for the vacancy: Valeria Watson, Sherree Lucas and Diamond Sloan Couch. Staff of the African American Heritage Commission recommended, and the Boards & Commissions Committee concur, to appoint Diamond Sloan Couch.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Airport Authority. The term of Brad Galbraith will expire on June 30, 2022. The following individual applied for the vacancy: David Smith The staff of the Airport Authority recommended, and the Boards & Commissions Committee concur, to reappoint Brad Galbraith.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Asheville-Buncombe Air Quality Board. The term of Joel Storrow will expire on July 1, 2022. The following individual applied for the vacancy: Elyse Marder The staff of the Asheville-Buncombe Air Quality Board recommended, and the Boards & Commissions Committee concur, to reappoint Joel Storrow.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Civic Center Commission. The term of Yvonne Cook-Riley will expire on June 30, 2022. The following individuals applied for the vacancy: Kim Oliver, Kevin King, Todd Cash and Todd Dunnuck. The staff liaison of the Civic Center Commission recommended, and the Boards & Commissions Committee concurred, to reappoint Yvonne Cook-Riley.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Historic Resources Commission. Georgene Falcon resigned as a member of the Historic Resources Commission, thus leaving an unexpired term until July 1, 2024. In addition the terms of James Vaughn and Sara Groce expire on July 1, 2022. No one applied for the vacancies. The staff of the Historic Resources Commission recommend, and the Boards & Commissions Committee concur, to reappoint Sara Groce and to readvertise for the other two vacant seats.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Homeless Initiative Advisory Committee. Dale Davidson has resigned, thus leaving an unexpired term until November 1, 2024. The following individuals applied for the vacancy: Angelique Brickner, Emily Kirchmeyer, Louisa Shipnuck Jones, Barry Shoor, Sim Wilkes, Sydney Brodhead, Michael l. Fulbright, Jo Golson, Cheryl Antoncic, Kenny Hancock, Sherri M. Bagwell, William Snoddy, Jimmi Lang, Andrew Garrard, Josh Houde and Jessica Suplik. The Homeless Initiative Advisory Committee Nominating Committee recommended appointing Jessica Supik; and the Boards & Commissions Committee concurred in that recommendation.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Human Relations Commission. Michael Brown has resigned, thus leaving an unexpired term until June 1, 2023. Alfred Green was removed from the Commission due to lack of attendance, thus leaving an unexpired term until June 1, 2022. Also, Emma Worthy was removed from the Commission due to lack of attendance, thus leaving an unexpired term until June 1, 2023. In addition, the terms of Brandon Oliver, Tiffany D’Bellott and Harvey Dean Harold expired on June 1, 2022. The following individuals applied for the vacancy: Edie Weichert, Bethany Duke, Christopher Isaac Boyd, Diamond Sloan Couch and Alma G. Adams. The staff of the Human Relations Commission recommend, and the Boards & Commissions Committee concur, to (1) reappoint Brandon Oliver and Harvey Dean Harold; (2) appoint Alma Adams and Christopher Isaac Boyd; and (3) readvertise for other two vacant seats.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Multimodal Transportation Commission. The term of Randy Warren (bike/ped interest) expires on July 1, 2022. The following individuals applied for the vacancy: Joseph Chesler and Elyse Marder. The Chair of the Multimodal Transportation Commission recommended, and the Boards & Commissions Committee concur, to reappoint Randy Warren.

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 Greta Buch and Elizabeth Likis-Werle (both at-large representatives) expire on July 1, 2022. The following individuals applied for the vacancy: Dane Barrager, Tracy Fagan Brown, Michael L. Fulbright, Elyse Marder and Jaik Smith. The Boards & Commissions Committee recommended to reappoint Elizabeth Likis-Werle and appoint Elyse Marder.