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

City Council regular meeting — March 14, 2023

Asheville City Council recorded 14 votes at its regular meeting on March 14, 2023; 1 drew at least one no vote. Most items concerned Economic Development, Administrative and Parks & Recreation.

Voting: Esther E. Manheimer, S. Antanette Mosley, Kim Roney, Sheneika Smith, Sage Turner, Maggie Ullman. Absent: Sandra Kilgore.

14recorded votes
1split votes
0failed
1members absent

Split votes

Item II-B · RES 23-43 · Parks & Recreation · Resolution

Resolution authorizing the City Manager to enter into a park facility management and license agreement with Carolina Day School for the shared use and maintenance of the Sgro Athletic Complex

Passed5–1 · Moved by Maggie Ullman, seconded by S. Antanette Mosley

No: Kim Roney  ·  Yes: Esther E. Manheimer, S. Antanette Mosley, Sheneika Smith, Sage Turner, Maggie Ullman  ·  Absent: Sandra Kilgore

Staff report summary

Background:

  • Parks and Recreation athletic facilities are limited and in high demand by other user groups.
  • Carolina Day School has an underutilized athletic complex.
  • Carolina Day School is the owner and primary operator of the athletic complex with secondary access offered to Asheville Parks and Recreation (APR).
  • The agreement gives APR access to 17.96 acres with two athletic fields, an outdoor shelter, a storage shed, a 8,900 square foot building with bathroom facilities, women’s and men’s locker rooms, a large community room, and parking.
  • The initial term will be eight (8) years with the option of two (2) extensions of five (5) years each.
  • Carolina Day School will be responsible for maintenance related to items such as turf, buildings, bathroom janitorial services, pest control, building systems, alarm and fire protection services, property infrastructure, fencing, and parking areas.
  • The Parks and Recreation Department will be responsible for respecting the facility during program use, and assume expenses related to lighting and electricity.
  • Opportunity to provide additional athletic recreation programming and expand accessibility to adjacent historically underserved neighborhoods in South Asheville.
  • Reduces competition with other athletic groups for use of a limited supply of athletic recreation facilities.
  • Carolina Day School will be the primary owner and operator of the athletic complex with secondary access to the Parks and Recreation Department.

Vendor Outreach Efforts:

  • None Committee(s):
  • None Pro(s):
  • Establishes a new school partnership.
  • Increases recreational athletic programs to more participants.
  • Enhances recreation athletic program opportunities in South Asheville.
  • The agreement will not impact existing user group access to City athletic facilities. Con(s):

None Fiscal Impact:

  • Per the agreement, the City will pay electricity and other costs estimated at $9,500 annually. Funding for this agreement is available in the Parks and Recreation operating budget.

All other votes

Item II-A · Administrative · Motion · consent agenda

Approval of the combined minutes of the agenda briefing worksession (Feb 23), formal meeting (Feb 28), legislative breakfast (Feb 24), and others

Passed6–0 · unanimous · Moved by S. Antanette Mosley, seconded by Sage Turner

All members present voted yes. Absent: Sandra Kilgore.

Staff report summary

This item was removed from the Consent Agenda for discussion and/or an individual vote.

Item II-C · RES 23-44 · Public Safety · Resolution · consent agenda

Resolution to ratify the contract with Evidence IQ to allow renewal for an additional three years for the subscription, service agreement and virtual correlation purchase

Passed6–0 · unanimous · Moved by S. Antanette Mosley, seconded by Sage Turner

All members present voted yes. Absent: Sandra Kilgore.

Staff report summary

Background:

  • The Asheville Police Department (APD) entered into a contractual agreement with Evidence IQ on February 1, 2022 for the purchase of a Ballistics IQ Triage Solution which included a camera box, associated licensing, training, and unlimited Virtual Correlation Center (VCC) cartridge cases.
  • The first year of the contract included unlimited VCC case packs.
  • A subscription, service agreement and additional VCC case packs are needed annually to continue use of the Ballistics IQ Solution.
  • Evidence IQ offers discounted annual rates when contracting for longer term periods.
  • In the first year of use, Ballistic IQ was used to examine 630 cases including cases from years prior to 2022. As a result they were able to produce 137 investigative leads.
  • APD’s Forensic Unit has determined the appropriate annual package to move forward with to meet their needs.
  • APD is requesting approval to renew and amend the current contract valued at $70,800 for three additional years at $79,500 per year, for a total contract value of $309,300, thus requiring Council approval to proceed.
  • APD is asking for ratification of the renewal to February 1st, 2023. Committee(s):
  • Environment and Safety Committee
  • February 28, 2023 Pro(s):
  • Produces investigative leads Con(s):
  • Continued annual cost of contracting

Fiscal Impact:

  • Funding for this contract is available in the Asheville Police Department operating budget.

Item II-D · RES 23-45 · Public Safety · Resolution · consent agenda

Resolution authorizing the City Manager to execute a contract with US ISS Agency LLC for a police applicant background check and polygraph testing provider

Passed6–0 · unanimous · Moved by S. Antanette Mosley, seconded by Sage Turner

All members present voted yes. Absent: Sandra Kilgore.

Staff report summary

Background:

  • The Asheville Police Department (APD) is requesting approval from Council to contract with US ISS Agency, LLC to provide police applicant background checks and polygraph testing services.
  • US ISS Agency, LLC was identified for award based on a Request for Proposal process.
  • All Police Officer candidates and Civilian employees that work for APD must pass a background investigation and polygraph test before they are hired.
  • APD is currently understaffed and does not have sworn administrative staff available to complete these hiring functions given the volume of new personnel needing to be vetted for hire.
  • APD has also found having a dedicated vendor performing these processes has shortened turnaround time from APD working these internally with current limited staff.
  • APD will execute a contract to include two optional renewals, planning to encumber $120,000 each year. Committee(s):
  • Environment and Safety Committee
  • February 28, 2023 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):
  • Continued annual cost of contracting

Fiscal Impact:

  • Funding for this contract is available in the Asheville Police Department operating budget.

Item II-E · RES 23-46 · Transportation · Resolution · consent agenda

Resolution supporting a grant awarded to the French Broad River MPO from NCDOT to prepare a feasibility study for the Swannanoa River

Passed6–0 · unanimous · Moved by S. Antanette Mosley, seconded by Sage Turner

All members present voted yes. Absent: Sandra Kilgore.

Staff report summary

Background:

  • The French Broad River Metropolitan Planning Organization (FBRMPO) was recently awarded a $72,100 grant to prepare a feasibility study for a future section of the Swannanoa Greenway from the North Carolina Department of Transportation (NCDOT) through its “Paved Trails and Sidewalks Feasibility Study” Grant Program.
  • Although the grant was previously awarded, the NCDOT has asked the FBRMPO to obtain a resolution of support from the Local Government Agency in which the study will be located prior to proceeding with the study.
  • This action will fulfill that request.
  • The study will be managed and administered by the FBRMPO and does not require any City funding.
  • Throughout study development, staff in the City’s Transportation, Parks and Recreation, and Public Works departments may be asked to attend a limited number of meetings.
  • The Swannanoa River Greenway corridor is 7.5 miles long and spans from the Amboy Road / Meadow Road intersection to the Azalea Road / Tunnel Road intersection.
  • It is the top priority greenway project in the GAP Plan.
  • Two feasibility studies were completed in 2020 to study the corridor from Biltmore Avenue to the Azalea / Tunnel intersection.
  • The City is currently preparing for the construction of a section of the corridor from the Glendale / Thompson intersection to the Bleachery Road / Swannanoa River Road intersection.
  • Construction of this project is anticipated to begin in fall 2023 and is funded with General Obligation Bond funds and Tourism Product Development Funds.
  • The study that FBRMPO has planned will focus on the section along Meadow Road between Short McDowell and Swannanoa River Road, and includes the intersection of Biltmore Avenue.
  • Since this area has many constraints, the feasibility study will examine route alternatives, develop cost estimates, and make recommendations for use by both the City and NCDOT in developing designs for the Swannanoa River Greenway, as well as for future improvements to Swannanoa River Road, Meadow Road, and their intersection with Biltmore Avenue. Committee(s): N/A Pro(s):
  • The feasibility study will be managed by the FBRMPO.
  • No funds from the City are required.
  • Findings from the study will be beneficial to the City in planning for the design and future implementation of the Swannanoa Greenway. Con(s):
  • A limited amount of staff time will likely be required to attend occasional meetings and review materials related to the FBRMPO’s study.

Fiscal Impact:

  • This action requires no City resources and will have no immediate fiscal impact.
  • Any future sections of the greenway corridor will be planned and funded through the City’s Capital Improvement Plan process.

Item II-F · RES 23-47 · Contracts & Procurement · Resolution · consent agenda

Resolution authorizing the City Attorney to execute documents to enter into opioid settlement agreements with Walmart, Walgreens, CVS, Allergan, and Teva; and the supplemental agreement

Passed6–0 · unanimous · Moved by S. Antanette Mosley, seconded by Sage Turner

All members present voted yes. Absent: Sandra Kilgore.

Staff report summary

Background:

  • In June, 2021, the City Council, along with other municipalities and counties across the state approved a Memorandum of Agreement which permitted the City to share in the proceeds of the original national settlement with five companies over their role in fueling the opioid epidemic.
  • The North Carolina Attorney General, in collaboration with other states, has now negotiated a second settlement with the following entities: CVS, Walgreens, Walmart, Allergan, and Teva.
  • The second settlement will result in approximately $21 billion in new settlement funds to be distributed to state and local governments.
  • In order to share in the receipt of the funds, North Carolina local governments must join in the settlements.
  • The total of funds to be distributed to state and local governments in North Carolina depends on the percentage of those entities which agree to join in the settlements, with a maximum total for the entire state being more than $600 million.
  • The Citys of Asheville’s maximum share is $1,215,879.92.
  • These second wave of settlement funds are expected to begin flowing to local governments in the second half of 2023. Committee(s):
  • None Pro(s):
  • Allows the City to take part in, and share in the proceeds of, the second national opioid settlement to provide funding to combat the epidemic locally. Con(s):
  • None.

Fiscal Impact:

  • If authorized, the City could receive over time up to $1.2M in settlement proceeds to address the local impact of the opioid epidemic starting in Fiscal Year 2024.

Item IV-A · RES 23-48 · Housing · Public hearing

Resolution acknowledging the public hearing and setting the final date to consider approval of the HOME ARP Allocation Plan as a substantial amendment to the 2021-2022 Annual Action Plan

Passed6–0 · unanimous · Moved by Sage Turner

All members present voted yes. Absent: Sandra Kilgore.

Staff report summary

Community & Economic Development Director Nikki Reid said that this is a public hearing concerning the HOME-ARP Allocation Plan for submission of and amendment to the Fiscal Year (FY) 2021-2022 Annual Action Plan (AAP) to the U.S. Department of Housing and Urban Development (HUD) and set the final City Council vote for acceptance on March 28, 2023. This public hearing was advertised on March 3, 2023. Background:

  • The Asheville Regional Housing Consortium (ARHC) consists of contiguous units of local governments that come together to qualify for a direct allocation of HOME Investment Partnership Program (HOME) funds from the US Department of Housing & Urban Development (HUD).
  • The Consortium consists of Buncombe County, Henderson County, Transylvania County, and Madison County and several member municipalities from those counties, including the City of Asheville. The City of Asheville serves as the participating jurisdiction (PJ) and administers the HOME program (also known as the lead entity).
  • Annual HOME funds provide formula grants to states and localities to fund a wide range of activities including building, buying, and/or rehabilitating affordable housing or providing direct rental assistance to low-income individuals and families.
  • The City of Asheville received notification from HUD of a special allocation of HOME funds, known as the HOME Investment Partnerships American Rescue Plan Program (HOME-ARP), in the amount of $4,699,862.
  • This special allocation of HUD HOME-ARP funds is targeted specifically to assist individuals or households who are homeless, at risk of homelessness, and other vulnerable populations.
  • These grant funds are to be administered by the City of Asheville as the PJ through the HUD HOME program, with up to 15% of the allocation available for the planning and administration of the grant.
  • HUD requirements provide a specific framework for the expenditure of these funds.
  • The first major requirement is for the PJ to submit a HOME-ARP Allocation Plan by March 31, specifying how much funding will be dedicated to each eligible use.
  • HUD requires that allocation plans be data driven and include public engagement and consultation with agencies and service providers that address the needs of the qualifying populations.
  • The City engaged a consultant, Baker Tilly, to develop the allocation plan in compliance with HUD requirements.
  • The draft HOME-ARP Allocation Plan represents the final results of the public survey, stakeholder and focus-group feedback sessions, and the needs assessment and gap analysis within the four county region.
  • Based on that information, the plan indicates the amount of HOME-ARP funding to be allocated for each eligible activity type across the four counties of the ARHC that best addresses the needs of qualifying populations. Recommendations from HOME-

ARP Allocation Plan:

  • HUD identified certain activities as eligible HOME-ARP uses in order to reduce homelessness and increase housing stability, specifically: the construction or preservation of affordable housing, tenant-based rental assistance (TBRA), supportive services (e.g. homeless prevention services, and housing counseling), and /or acquisition and development of non-congregate shelter.
  • Consultations with service providers during the development of the HOME-ARP Allocation Plan revealed that while TBRA and other HOME-ARP eligible activities would be beneficial for the community, they would have limited impact due to the scarcity of available affordable housing units.
  • Non-congregate shelter was a stated need, yet it was noted that the limited amount of funding may not cover the high costs of acquiring and renovating a non-congregate shelter.
  • Further, operational costs are not eligible expenses for this funding, which represent significant ongoing costs without an identified funding source.
  • The data collected from the Citizen Participation Survey indicates that the public is in support of constructing new affordable rental housing units.
  • Additionally, there is a need for permanent supportive housing and the community shows strong support of increasing mental health services.
  • The needs assessment and gap analysis, including Census and Point-in-Time data from the four county region, concluded that close to 23,650 households are at great risk of housing instability within the Asheville Metropolitan Area.
  • Rapidly rising rental prices and limited availability of affordable housing stock is impacting persons with incomes at 30% and below median income as well as those with incomes at 50% of the median but who also meet one of the definitions of at-risk of homelessness.
  • Overall, the analysis concluded that the most significant unmet housing need for homeless persons and those at risk of homelessness is access to affordable housing units and supportive services including case management, mental health, and substance abuse services to connect these individuals to housing.
  • Therefore, HOME-ARP Allocation Plan focuses on new affordable rental housing units and funds additional supportive services to allow for a greater utilization of existing unused housing vouchers and TBRA funding.
  • The plan also outlines that the City will issue a special notice of funding availability (NOFA) via the Request for Proposals (RFP) process to solicit proposals from qualified organizations capable of administering supportive services and from affordable housing developers to produce housing units which will be available for rent to the qualifying populations.
  • The proposal evaluation process will include the requirement that all proposals must have a Letter of Support from the Continuum of Care (CoC) for the county or counties where the project will be located or where services will be provided. Funding Amount Percent of Grant Statutory Limit Supportive Services $1,000,000.00 21%
  • Acquisition and Development of Non-Congregate Shelters $0.00 0%
  • Tenant-Based Rental Assistance (TBRA) $0.00 0%
  • Development of Affordable Rental Housing $3,100,000.00 66%
  • Non-Profit Operating $0.00 0% 5% Non-Profit Capacity Building $0.00 0% 5% Administrative and Planning $599,862.00 13% 15% Total $ 4,699,862.00 100%
  • In terms of immediate next steps, the public comment period for the draft HOME-ARP Allocation Plan is March 06, 2023
  • March 20, 2023.
  • A public hearing at Asheville City Council will be held March 14, 2023, with final voting and acceptance of the HOME-ARP Allocation Plan on March 28, 2023.
  • Once adopted, the plan will be added to the FY 21-22 Annual Action Plan as a substantial amendment by the March 31, 2023 deadline and will be subject to final HUD approval.
  • Once HUD approval has been granted, the City will issue a special notice of funding availability (NOFA) via a Request for Proposals (RFP).
  • This RFP will request applications from agencies and developers within the four county region.
  • The funding availability will be based on the amounts indicated in the table above for the selected eligible activities, with letters of support required from CoCs for the county or counties where the project will be located or where services will be provided.
  • Qualifying applications will be reviewed by the HOME Consortium for recommendations and ultimately brought forward to Asheville City Council for final approval. Committee(s):
  • The Asheville Regional Housing Consortium reviewed this item at their meeting on March 6, 2023 and recommended approval. Pro(s):
  • One-time funding source available to assist people experiencing homelessness, to reduce homelessness and to increase housing stability across the Consortium Counties. Con(s):

None Fiscal Impact:

  • This special allocation is fully funded from HUD and authorized by the American Rescue Plan Act.
  • Staff costs to administer the program are also fully paid from federal sources.
  • Timeline of Funding
  • Per HUD instructions, a local allocation plan must be submitted as an amendment to the FY21-22 Annual Action Plan by March 31, 2023.
  • All funds must be spent before September 30, 2030.
  • Specific allocation of $4,699,882 of HOME-ARP funds will be made in accordance with the proposed HOME-ARP Allocation Plan as outlined above. Director of Community & Economic Development Nikki Reid introduced Eli Mathis, Manager at Baker Tilly, and Baron Bell, Partner with CDE. Mr. Mathis provided an overview of the HOME-ARP. Key takeaways include (1) The Asheville Regional Housing Consortium allocation is $4,699,862 in one-time HOME-ARP funding; (2) This special allocation of HUD HOME-ARP funds is targeted specifically to assist individuals or households who are homeless, at risk of homelessness, and other vulnerable populations; (3) Allocation plans must be data driven and include public engagement and consultation with agencies and service providers that address the needs of the qualifying populations. Plans are due to HUD on March 31, 2023; and (4) Overall, the analysis concluded that the most significant unmet housing need for homeless persons and those at risk of homelessness is access to affordable housing units and supportive services including case management, mental health, and substance abuse services to connect these individuals to housing. He then reviewed the eligible populations, along with the eligible activities. Mr. Bell then outlined the HOME-ARP definitions. He reviewed the eligible activities of supportive services. Mr. Mathis then reviewed the key components of the HOME-ARP Allocation Plan include consultation (stakeholder meetings and surveys); public participation (public surveys and public comment period); needs assessment and gap analysis; HOME-ARP activities; HOME-ARP production housing goals; preferences; and HOME-ARP refinancing guidelines. He reviewed the stakeholder focus group meetings, and the stakeholder survey results. Mr. Bell and Mr. Mathis then reviewed the public participation feedback, the homeless needs inventory, and the HOME-ARP allocation recommendations. Mr. Bell and Mr. Mathis responded to various questions/comments from Council. Mayor Manheimer opened the public hearing at 6:13 p.m. Sheryl Sirmans spoke to Council about her need for housing assistance. Mayor Manheimer closed the public hearing at 6:17 p.m. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.

Item V-A · RES 23-49 · Economic Development · Resolution

Resolution authorizing the City Manager to sign a funding letter of commitment to Major League Baseball regarding bringing McCormick Field into compliance with new Player Development League facility standards

Passed6–0 · unanimous · Moved by Sage Turner, seconded by Maggie Ullman

All members present voted yes. Absent: Sandra Kilgore.

Staff report summary

Department of Community & Regional Entertainment Facilities Director Chris Corl said that this is the consideration of a resolution authorizing the City Manager to sign a funding letter of commitment addressed to Major League Baseball regarding the City’s intent to bring McCormick Field into compliance with new Player Development League facility standards. Background:

  • The City of Asheville has owned the property located at 30 Buchanan Place, known as McCormick Field, for 89 of the past 100 years with exception being 1984
  • 2005 while the property was owned by Buncombe County government.
  • The majority of these years, the stadium has housed a Major League Baseball (MLB) affiliated minor league team.
  • The economic Impact of the Asheville Tourists baseball team is very positive for local business at $9.8 Million annually to Buncombe County.
  • Having the team downtown contributes to the continued revitalization of the South Slope district, making additional walkable options for pre and post game food and beverage customers for downtown businesses.
  • In 2020, MLB issued new ‘Facility Standards’ requirements for their Professional Development League (PDL) team facilities, formerly known as the Minor League.
  • These requirements must be met by April 1, 2023.
  • McCormick Field does not meet these standards.
  • In 2020, MLB issued license agreements with team owners of the 120 remaining PDL teams, Asheville’s license is owned by DeWine Seeds
  • Silver Dollar Baseball LLC.
  • If standards are not met, MLB reserves the right to revoke the affiliation license, effectively relocating the team to another market.
  • The team and City staff have negotiated with MLB, allowing for the City to simply commit to funding upgrades to meet MLB facility standards by April 1, 2023.
  • This will allow the affiliation license to remain with Asheville over the next two years while a renovation project is completed to upgrade the facility.
  • In January 2010, the current owner of the team, DeWine Seeds
  • Silver Dollar Baseball LLC, was assigned the existing lease by the previous team owner.
  • That lease has been extended four times by amendments and is now set to expire on December 31, 2023.
  • DeWine Seeds
  • Silver Dollar Baseball LLC, has agreed to new lease terms associated with the commitment to bring McCormick Field into compliance with Major League Baseball standards.
  • A new lease will void the current lease with a term commencing on the date of execution of the lease.
  • Staff has communicated with the surrounding neighborhoods and feels that plans and operations can be set in place to alleviate concerns in regards to parking, noise and cleanliness surrounding baseball and non-baseball events at McCormick Field.
  • The team has agreed to manage parking operations for all events held at McCormick Field, baseball and non-baseball, additionally the team is in conversations with City staff on the topic of managing parking operations at Memorial Stadium on behalf of the City.
  • The team has agreed to revoke their request for additional fireworks nights and will continue to comply with the current Noise Ordinance which allows for 12 shows per year, plus celebrations of Federal Holidays, and amends the request to shoot fireworks on back to back nights to apply only on July 4th weekend, when July 4th falls on a Saturday. This would apply in 2026, 2037 & 2043.
  • A separate resolution will be requested, approving the final lease terms and length in the summer of 2023. Committee(s):
  • None Pro(s):
  • DeWine Seeds-Silver Dollar Baseball, LLC is committed to keeping minor league baseball in Asheville for the next 22 or more.
  • A new lease will commit the team to lease payments of $450,000 per year or greater for twenty years.
  • A new lease will commit the team to invest a minimum of $75,000 per year for twenty years in capital improvements to the facility.
  • The presence of the Tourists team has a positive economic impact on the local economy
  • A renovated facility will be a multi-purpose facility hosting more events than Tourists baseball games. Con(s):
  • Under the currently proposed plan, which includes funding from partner organizations, a renovation to the facility and associated debt service payments will potentially cost the City up to $1,000,000 per year for 20 years.
  • Additional events at the facility will have additional impact on the surrounding neighborhoods.
  • This project was not previously planned in the City’s Capital Improvement Program.

Fiscal Impact:

  • The current funding plan for this project would potentially require the City to commit up to $1,000,000 per year for 20 years to the capital program. Mr. Corl outlined the key takeaways from this presentation being (1) McCormick Field is an important regional asset, currently owned by the City that over the years has not been adequately invested in; (2) Facility has been leased out and principally used by a Minor League Baseball team, the Tourists; (3) This facility should and can be used for many other purposes to derive broader community benefit; (4) A funding plan will require assistance from the Team, County, TDA and possibly the State; and (5) To retain Major League Baseball (MLB) affiliation in Asheville, significant renovation is required in order to meet the impending deadline to submit a commitment letter to MLB
  • April 1, 2023
  • Vote for approval of a commitment requested today. He then gave a brief history of the asset
  • Opened in 1924; Last Renovated in 1992; 4,000 seats; 8.25 acres; and Replaced stadium on Choctaw Street. He said (1) in 2020
  • MLB issues new facility standards and rubric scoring system will apply beginning in 2023; (2) 2022
  • COA & Team
  • Negotiate lease structure based on facility renovation to meet facility standards; and (3) 2/14/2023
  • Council Worksession
  • deep dive
  • Reviewed options; and Recommended Direction. He reviewed the chart below for the project. Home Clubhouse, batting tunnels, weight room, commissary, female facilities $7,938,211 Clubhouse Conversion, Wall Padding, Playing Field, Bullpens, potable water $6,223,765 Scoreboard, Video Displays, Structure (Video display & scoreboard) $6,369,235 Video Surveillance systems $143,129 New Suites and expand press box to Player Development League standards $1,949,511 LED Sport Lighting, anti skid surfaces, batter's eye $1,169,840 Third baseline, fencing, picnic space rebuild & expansion, First baseline wall, access, picnic & netting $4,277,625 Concourse Expansion
  • bullpen access, entra plaza and gates $3,865,091 Deferred Maint upkeep
  • Civil/structural/general/Mechanical Plumbing Electrical $5,564,187 Estimated Total project cost $37,500,594 At the February 14 Work Session, there was a (1) request for community engagement; (2) request further information related to non-baseball event revenue potential; and (3) request to further explore financial model
  • Seek additional inputs to project; and Limit impact on current Capital Improvement Program (CIP). He then briefed Council on the community engagement piece. The East End and Oakhurst community concerns wer (1) Parking/Traffic (including Memorial Stadium events) (a) Request for more/better traffic management; (b) Expand traffic management to North side of stadium; (c) Clear desire for the team to operate traffic plan; and (d) Enforcement support by the City of Asheville; (2) Noise (a) Request to not allow additional nights of fireworks; (b) Request to ensure fireworks are shot earlier than previously shot; (c) Other loud events (concerts) to abide by the Noise Ordinance; and (d) Request to keep the number of additional ‘loud’ events under 12-15; and (3) Communication/Notification (a) Create one location for programming calendar; (b) Enhance notification process for all programming.; and (c) Continue text notification process for fireworks, expand beyond text for residents who struggle with tech. Deal point adjustments were (1) Parking/Traffic (a) Club to manage all McCormick events, in talks for Memorial; and (b) Additional support from city for enforcement; (2) Noise/Fireworks (a) Revoke request for additional fireworks nights; (b) Amend request for back to back nights to apply only when July 4th falls on a Saturday (2026, 2037 & 2043); and (c) Pitch clock and earlier start times has improved firework timing, average 2022 shoot was 9:26 p.m.; and (3) Communication/Notification
  • Text/Email notification process from team. He then reviewed the current and future facility usage using an historical attendee origin chart. He said over 75% of Tourist attendees live outside of the City of Asheville and nearly half live outside of Buncombe County. “Visitor” spending both inside and outside McCormick Field generates economic impacts for the City and County economies. Mr. Corl then reviewed the funding plan. He outlined the estimated funding structure below: Team $468,750/year, 20 years (average) County $250,000/year, 20 years TDA $1.95M Reallocated grant (Coxe Ave) $1.4M/year, 15 years City $875,000*/year, 20 years covers the ‘gap’ worst case scenario He theme reviewed the potential City contribution chart seen below: Scenario City Annual Payment No change from partners + facility fee $ 875,000 No change from partners + facility fee + $2M Fund Balance + $ 715,000 No change from partners + $2M Fund Balance + $1M State grant $ 715,000 No change from partners + $2M Fund Balance + $2M State grant $ 636,000 No change from partners + $2M Fund Balance + $3M State grant $ 560,000 No change from partners + $2M Fund Balance + $4M State grant $ 485,000 No change from partners + $2M Fund Balance + $5M State grant $ 410,000 No change from partners + $2M Fund Balance + $5.4M State grant $ 380,000 No indication as of today of State funding commitment towards Minor league Baseball Infrastructure Grant Program Regarding the impact of CIP Projects, (1) If utilizing Fund Balance
  • no effect on currently planned projects; (2) Increase CIP contribution incrementally over next 2-3 years (up to total debt burden for project, estimated at a maximum of $875k annually); and (3) All currently planned/budgeted projects move forward as scheduled. In response to Councilwoman Smith, Mr. Corl said the owner of the stadium would apply for the state grant. In response to Councilwoman Roney, City Attorney Branham explained that there is always a certain amount of risk with any contract. However, City staff will work to mitigate that risk in this contract to the greatest possible degree. To do so, the city will include in the contract a guarantee provision which will serve as a sort of insurance policy in the case of default by the tenant. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.

Item VI-A · RES 23-50 · Zoning & Land Use · Appointment

Resolution appointing Joseph Hackett to the Asheville Area Riverfront Redevelopment Commission

Passed6–0 · unanimous · Moved by Kim Roney, seconded by S. Antanette Mosley

All members present voted yes. Absent: Sandra Kilgore.

Staff report summary

Councilwoman Roney, member of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Asheville Area Riverfront Redevelopment Commission (AARRC). The term of Tim Schaller (district business or district property owner seat) expired on January 1, 2023. The following individuals applied for the vacancy: Daniel Ratner, Joseph Hackett and Anne Phillip. The Chair and Vice-Chair of the AARRC recommended, and the Boards & Commissions Committee concurred, to appoint Joseph Hackett (district business or property owner seat).

Item VI-B · RES 23-51 · Boards & Appointments · Appointment

Resolution appointing Debbie Evenchik as a member of the Audit Committee

Passed6–0 · unanimous · Moved by Kim Roney, seconded by Maggie Ullman

All members present voted yes. Absent: Sandra Kilgore.

Staff report summary

Councilwoman Roney, member of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Audit Committee. Susan Darnell (CPA seat) has resigned from the Audit Committee, thus leaving an unexpired term until May 1, 2023. In addition, Amy Kemp (CPA seat) resigned, thus leaving an unexpired term until May 1, 2024. The following individual applied for the vacancy: Debbie Evenchik The Chair of the Audit Committee recommended, and the Boards & Commissions Committee concur, to appoint Debbie Evenchik; and to re-advertise for the other CPA seat.

Item VI-C · RES 23-52 · Economic Development · Appointment

Resolution appointing members (Nur Edwards, Eva-Michelle Spicer) to the Downtown Commission

Passed6–0

All members present voted yes. Absent: Sandra Kilgore.

Staff report summary

Councilwoman Roney, member of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Downtown Commission. Kimberly Hunter has resigned from the Downtown Commission, thus leaving an unexpired term until December 31, 2023. In addition, Guillermo Rodriguez passed away, thus leaving an unexpired term until December 31, 2024. The following individuals applied for the vacancy: Ben Gladstone, Tom Hunter, Billy Cooney, David Moritz, Nur Edwards, Eva-Michelle Spicer, Douglas Buchalter, Chad Roberson and Clarissa Hyatt-Zack. The Chair of the Downtown Commission recommended appointing Nur Edwards and Eva-Michelle Spicer. Since the Boards & Commissions Committee could not reach a consensus on appointment, (their recommended appointments being Nur Edwards, Eva-Michelle Spicer or Billy Cooney), it was the consensus to bring it forward to the full Council. Councilwoman Turner, member of the Downtown Commission, explained the Downtown Commission’s recommendation of needing a representative from the storefront businesses. She was pleased that there were so many amazing applicants for these seats. Council then each voted for two members: Nur Edwards received 6 votes; Eva-Michelle Spicer received 4 votes; David Moritz received 1 vote and Billy Cooney received 1 vote. Therefore, (1) Nur Edwards was appointed as a member of the Downtown Commission, to serve the unexpired term of Kimberly Hunter, term to expire December 31,, 2023, or until Nur Edward’s successor has been appointed; and (2) Eva-Michelle Spicer was appointed as a member of the Downtown Commission, to serve the unexpired term of Guillermo Rodriguez, term to expire December 31, 2024, or until Eva-Michelle Spicer’s successor has been appointed.

Item VI-D · RES 23-53 · Transportation · Appointment

Resolution appointing Elyse Marder as a member of the Multimodal Transportation Commission

Passed6–0 · unanimous · Moved by Kim Roney, seconded by S. Antanette Mosley

All members present voted yes. Absent: Sandra Kilgore.

Staff report summary

Councilwoman Roney, member of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Multimodal Transportation Commission. Maggie Ullman (representing the bike/ped interest) has resigned from the Multimodal Transportation Commission, thus leaving an unexpired term until July 1, 2024. The following individuals applied for the vacancy: Lance Ball, Abigail Griffin, Tom Hunter, Elyse Marder, Shelley McKechnie, Marian Ladner, Joseph Barker, Scott Lewandowski; Jerad Crave, Brendan Connor, Jaik Smith, Prabhu Kannan and Jonathan Robinson. The Multimodal Transportation Commission recommends the appointment of (in ranked order) Elyse Marder, Shelley McKechnie, Abigail Griffin, Lance Ball, or Tom Hunter. The Boards & Commissions Committee recommended the appointment of Elyse Marder.