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

City Council regular meeting — March 28, 2023

Asheville City Council recorded 20 votes at its regular meeting on March 28, 2023; 1 drew at least one no vote. Most items concerned Zoning & Land Use, Housing and Public Safety.

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

20recorded votes
1split votes
0failed
0members absent

Split votes

Item II-I · RES 23-63 · Public Safety · Resolution

Resolution authorizing the City Manager to purchase a DNA analyzer system bundle, service contracts and supplies for the Asheville Police Department

Passed6–1 · Moved by Sage Turner, seconded by Maggie Ullman

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

Staff report summary

Background:

  • The Asheville Police Department (APD) worked with the City of Asheville Purchasing Department to create and post a formal bid for a Rapid DNA Analyzer Machine in December 2022.
  • Life Technologies Corporation was selected for the award.
  • The DNA Analyzer system consists of a Rapid DNA Platform and creates Forensic DNA profiles in 90 minutes to assist law enforcement personnel to identify and or clear suspects faster.
  • Property Crimes processing currently takes 6-8 months through the State Lab.
  • The cost of the DNA Analyzer system over the initial three year period is $213,009.88.
  • The Asheville Police Department (APD) will use forfeiture and already approved 2022 JAG grant funding to purchase the system.
  • Although budget amendments have already been approved, given the dollar value and the nature of this purchase, a Council resolution is required to authorize the purchase even though it is already included in the budget. Committee(s):
  • Presented Forfeiture with this as a planned purchase to the Public Safety Committee (now Environment & Safety Committee) and City Council on 8/23/22 and was approved.
  • Presented JAG Grant with this as a planned purchase to the Public Safety Committee (now Environment & Safety Committee) on 11/17/22 and Council on 12/13/22; both approved. Pro(s):
  • Produce investigative leads
  • Lessen reliance on State Crime Lab Con(s):
  • Continued annual costs

Fiscal Impact:

  • Funding for this contract has been identified in the Asheville Police Department forfeiture funds and 2022 JAG grant funds. Councilwoman Roney was concerned with the use of Civil Asset Forfeiture (CAF) funding. She said the ACLU cautions around use of CAF, plus she has not yet seen accounting for the neighborhoods the CAF were acquired from. Though, she expects that they are extracted from neighborhoods most vulnerable to violence who need investment targeted at the root cause of violence. Not an issue of should the work be done, but how we do it is important. To be consistent with concerns when this came to the former Public Safety Committee, she would be voting no.

All other votes

Item II-A · Transportation · Motion · consent agenda

Approval of the combined minutes of the agenda briefing worksession and prior meetings

Passed7–0 · unanimous · Moved by Kim Roney, seconded by Sage Turner

All members present voted yes.

Staff report summary

Background:

  • Walton Street Park is an important neighborhood park in the heart of the Southside Community.
  • Reinvestment in the park is needed due to both the age of existing amenities and the desired change in use of the park.
  • After extensive community outreach around prioritizing the recreation improvements that the Southside neighborhood would like to see in the park.
  • A walking trail was the highest priority with 66% of respondents requesting this amenity followed by 63% requesting a resurfaced basketball court.
  • Additional priorities were identified and will be implemented after receiving further input from the community.
  • The Parks and Recreation department reserved $500,000 in the FY 2022-23 budget to improve recreation amenities in the park.
  • The first phase of the improvements will be the highest priorities including the walking trail and the basketball court resurfacing.
  • Remaining funds will go towards other priority improvements.
  • A request for bids was advertised for interested companies for paving services.
  • French Broad Paving, Inc. was the only respondent.

Vendor Outreach Efforts:

  • Staff performed outreach to minority- and women-owned businesses through direct outreach, through the solicitation processes which include posting on the State’s Interactive Purchasing System (IPS) to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers, and through the use of both the City of Asheville approved vendor database and the State’s IPS site.
  • There was one (1) bid submitted and despite our outreach, no Minority & Women-Owned Business Enterprise (MWBE) submitted a bid.
  • The base bid for an asphalt walking path and court surfacing total is $198,420.00.
  • Parks and Recreation plans to execute the alternate for an additional 6’ concrete walk to easily access to the court from the walking trail for $24,700.00.
  • The total price for the construction contract includes the base bid and alternate, $223,120.00. Committee(s):
  • Historic Resources Commission
  • At their meeting on March 8, 2023 the Historic Resources Commission (HRC) reviewed and approved the request for a Certificate of Appropriateness (CA) to replace the baseball diamond with a new walking path and multi-use field, relocate/rebuild basketball court, and replace playground equipment. The CA was issued with the following conditions:
  • 1. Playground equipment will be submitted for staff review and approval.
  • 2. Final lighting plan will be submitted to staff for review and approval. Pro(s):
  • Installing a walking trail and resurfacing the basketball court will provide the top two recreation amenities that were requested by the community through the most recent outreach efforts.
  • The addition of the walking trail around a multi-use field will invite the community to use the currently under-used space where a fenced softball field is currently located. The current field is not used for any programming / organized softball games. Con(s):
  • None

Fiscal Impact:

  • Funding for this contract was previously budgeted and is available in the General Capital Projects Fund.

Item II-B · RES 23-53 · Transportation · Resolution · consent agenda

Resolution authorizing the City Manager to execute a contract with French Broad Paving Inc. for paving a walking trail and basketball court

Passed7–0 · unanimous · Moved by Kim Roney, seconded by Sage Turner

All members present voted yes.

Staff report summary

Background:

  • Walton Street Park is an important neighborhood park in the heart of the Southside Community.
  • Reinvestment in the park is needed due to both the age of existing amenities and the desired change in use of the park.
  • After extensive community outreach around prioritizing the recreation improvements that the Southside neighborhood would like to see in the park.
  • A walking trail was the highest priority with 66% of respondents requesting this amenity followed by 63% requesting a resurfaced basketball court.
  • Additional priorities were identified and will be implemented after receiving further input from the community.
  • The Parks and Recreation department reserved $500,000 in the FY 2022-23 budget to improve recreation amenities in the park.
  • The first phase of the improvements will be the highest priorities including the walking trail and the basketball court resurfacing.
  • Remaining funds will go towards other priority improvements.
  • A request for bids was advertised for interested companies for paving services.
  • French Broad Paving, Inc. was the only respondent.

Vendor Outreach Efforts:

  • Staff performed outreach to minority- and women-owned businesses through direct outreach, through the solicitation processes which include posting on the State’s Interactive Purchasing System (IPS) to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers, and through the use of both the City of Asheville approved vendor database and the State’s IPS site.
  • There was one (1) bid submitted and despite our outreach, no Minority & Women-Owned Business Enterprise (MWBE) submitted a bid.
  • The base bid for an asphalt walking path and court surfacing total is $198,420.00.
  • Parks and Recreation plans to execute the alternate for an additional 6’ concrete walk to easily access to the court from the walking trail for $24,700.00.
  • The total price for the construction contract includes the base bid and alternate, $223,120.00. Committee(s):
  • Historic Resources Commission
  • At their meeting on March 8, 2023 the Historic Resources Commission (HRC) reviewed and approved the request for a Certificate of Appropriateness (CA) to replace the baseball diamond with a new walking path and multi-use field, relocate/rebuild basketball court, and replace playground equipment. The CA was issued with the following conditions:
  • 1. Playground equipment will be submitted for staff review and approval.
  • 2. Final lighting plan will be submitted to staff for review and approval. Pro(s):
  • Installing a walking trail and resurfacing the basketball court will provide the top two recreation amenities that were requested by the community through the most recent outreach efforts.
  • The addition of the walking trail around a multi-use field will invite the community to use the currently under-used space where a fenced softball field is currently located. The current field is not used for any programming / organized softball games. Con(s):
  • None

Fiscal Impact:

  • Funding for this contract was previously budgeted and is available in the General Capital Projects Fund.

Item II-C · RES 23-55 · Parks & Recreation · Resolution · consent agenda

Resolution authorizing the City Manager to execute an amendment to the contract with Mountain Goatscapes for invasive plant maintenance

Passed7–0 · unanimous · Moved by Kim Roney, seconded by Sage Turner

All members present voted yes.

Staff report summary

Background:

  • The Parks & Recreation Department is responsible for the maintenance of over 600 acres of open space.
  • Invasive plants such as kudzu & poison ivy have continued to encroach on park land and compromise woodlands.
  • This contract renewal will continue to provide invasive plant maintenance services at McCormick Field, Tempie Avery Center, Stephens Lee Center, and Seven Springs Park .
  • A Request for Proposals was advertised for interested companies to provide invasive plant maintenance services for (1) year with an option to renew for an additional (2) years.
  • Mountain Goatscapes was selected based on experience, qualifications, understanding of the scope of services, cost, and availability.
  • The Parks Department entered into the contract for the first two years but now requires City Council approval for the contract amount for the third and final year.
  • The contractor will provide all labor, materials, and supplies for the operations and management for invasive plant maintenance services, ensuring the parks will be maintained in a well kept, safe, efficient manner.

Vendor Outreach Efforts:

  • Staff performed outreach to minority- and women-owned businesses through solicitation processes which included direct vendor outreach, and posting on the State’s Interactive Purchasing System to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers.
  • There was one (1) proposal submitted including (1) woman owned business.
  • The contractor selected is a woman owned business. Pro(s):
  • Will help continue to meet level of service standards for city-owned parks and greenways. Con(s):
  • None

Fiscal Impact:

  • Funding for this contract is available in the Parks & Recreation Department operating budget.

Item II-D · RES 23-56 · Parks & Recreation · Resolution · consent agenda

Resolution authorizing the City Manager to enter into a contract with Design Workshop Inc. for development of the City of Asheville Parks and Recreation plan

Passed7–0 · unanimous · Moved by Kim Roney, seconded by Sage Turner

All members present voted yes.

Staff report summary

Background:

  • The last comprehensive plan for the Asheville Parks and Recreation was developed and adopted by the City Council in 2009.
  • An updated comprehensive master plan will allow the City to assess current and future community recreation needs, promote new ideas and partnerships to aid in innovation, prioritize recreation programs and capital improvements, provide strategies to fill gaps, and build public support.
  • It is important that the City understands current resident recreation needs & existing parks facilities conditions, to appropriately plan for and meet the level of service desired by Asheville residents
  • The Parks & Recreation Department advertised a Request for Proposals (RFP) for interested companies to provide consulting services for a Comprehensive Parks & Recreation Master Plan.
  • Design Workshop, Inc. was selected based on experience, qualifications, understanding of the scope of services, cost, and availability.
  • The planning project will take approximately 12 months and will consist of the following key milestones: 1.) Data Collection 2.) Assessment 3.) Community Needs 4.) Plan Recommendations 5.) Strategic Action Plan
  • Staff and the consultant team in partnership with the departments of CAPE, Equity & Inclusion, and the City Manager's Office will develop an outreach strategy to ensure accessible engagement opportunities with the diverse Asheville community.

Vendor Outreach Efforts:

  • Staff performed outreach to minority- and women-owned businesses through solicitation processes which included direct vendor outreach and posting on the State’s Interactive Purchasing System to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers.
  • Four firms responded to the Request for Proposals (RFP), none identified as a Minority or Women-Owned Business Enterprise (MWBE) service provider. Committee(s):
  • None Pro(s):
  • Building credibility, support, and consensus from current community members and stakeholders.
  • Informing the community about park needs and community assets to maintain desired level of service.
  • Identifying capital and operating improvement goals that are needed to assess fiscal requirements and fundraising needs.
  • Equitably guiding critical decisions about Parks and Recreation facilities, infrastructure, programs, and services.
  • Developing recommendations and an implementation strategy that will transform the community’s vision into tangible plans to create outstanding recreation opportunities, well-maintained facilities, desired programming, and a customer-focused and responsive park & recreation system. Con(s):
  • None

Fiscal Impact:

  • Funding for this contract is available in the Parks & Recreation Department operating budget.

Item II-E · RES 23-57 / RES 23-58 / RES 23-59 · Transportation · Resolution · consent agenda

Resolutions authorizing the possession and consumption of alcoholic beverages at the Asheville Downtown After Five events

Passed7–0 · unanimous · Moved by Kim Roney, seconded by Sage Turner

All members present voted yes.

Staff report summary

Background:

  • N. C. Gen. Stat. sec. 18B-300(c) authorizes the City by ordinance to regulate or prohibit the consumption and/or possession of open containers of malt beverages and unfortified wine on the public streets and on property owned, occupied or controlled by the City and to regulate or prohibit the possession of malt beverages and unfortified wine on public streets, alleys or parking lots which are temporarily closed to regular traffic for special events.
  • The City Council of the City of Asheville has adopted an ordinance pursuant to that statutory authority; and that ordinance, codified as Section 11-11 in the Code of Ordinances of the City of Asheville, provides that the City Council may adopt a resolution making other provisions for the possession of malt beverages and/or unfortified wine at a special event or community festival.
  • The following organizations have requested that City Council permit them to serve beer and/or unfortified wine at their events and allow for consumption at the events:
  • Asheville Downtown Association for Downtown After 5, to occur within the 100 Block of Lexington Avenue from 5:00 p.m.
  • 9:30 p.m. on Fridays, April 21, May 19, June 16, July 21, August 18, and September 15, 2023
  • Pisgah Conservancy for The Block Party presented by Looking Glass Realty, to occur on S. Liberty Street on Saturday, April 29, 2023, from 2:00 p.m.
  • 7:00 p.m.
  • Black Wall Street AVL for GrindFest to occur in the vicinity of 8 River Arts Place, with alcohol contained to a beer garden located at 81 Riverside Drive on Friday, Saturday and Sunday, May 26, 27 and 28, 2023 from 9:00 a.m.
  • 6:00 p.m. daily.
  • Alcohol boundaries are defined for each request as per the accompanying event site maps. Committee(s):
  • None Pro(s):
  • Allows fundraising opportunities for the sponsoring nonprofit organizations Con(s):
  • None

Fiscal Impact:

  • This action requires no City resources and has no fiscal impact.

Item II-F · RES 23-60 · Budget & Finance · Resolution · consent agenda

Resolution authorizing the Mayor to execute a contract with Cherry Bekaert LLP for auditing city accounts for fiscal year ending June 30, 2023

Passed7–0 · unanimous · Moved by Kim Roney, seconded by Sage Turner

All members present voted yes.

Staff report summary

Background:

  • North Carolina General Statute §159-34 requires that local governments have its accounts audited each fiscal year and submit a copy of the audit report and financial statements to the Local Government Commission (LGC).
  • In addition, per the City’s Financial Policies, the City’s auditor must be replaced at the end of each five-year engagement to enhance auditor independence unless lack of competition among audit firms fully qualified to perform public-sector audit make mandatory rotation counterproductive.
  • The City reached the end of its prior engagement with PBMares, LLP after completion of the fiscal year 2022 audit; and as noted below, staff released a Request for Proposals (RFP) for a new external audit firm engagement in January.
  • After review of the RFP submittals, staff recommends entering into a new contract for services with Cherry Bekaert, LLP to conduct an audit of the City's accounts for the fiscal year ending June 30, 2023.
  • The estimated cost for fiscal year 2022-2023 audit includes a base fee of $128,000, which covers 915 hours of audit work; and an additional $21,000 for preparation of Basic Financial Statements, Combining Statements and document production if needed, for a maximum total fee of $149,000.
  • Execution of this contract complies with the City’s Financial Policies which states that the City “shall enter into multi-year agreements of not more than five years in duration through a series of single-year contracts as consistent with applicable legal requirements.”
  • This will be the first year of contracting with the new auditor firm so staff will be recommending to contract with them for another 4 years assuming services are provided as outlined within the engagement letter.

Vendor Outreach Efforts:

  • Competitive Bid Request for Proposals (RFP) was released for External Audit Services on Thursday, January 12, 2023.
  • Proposal Submittal Deadline was Friday, February 3, 2023
  • 5 total proposals were received by the deadline
  • 4 proposals were reviewed, due to one being non-compliant
  • Review committee consisted of 4 City staff members from different departments and 1 member from the City’s Audit Committee.
  • Proposals were scored and ranked per scoring. Highest ranking was awarded the contract.

Council Goal:

  • Financially Resilient City Committee::
  • Proposed contract presented to the Policy, Finance, and Human Resources Committee on March 14, 2023 and to the City’s Audit Committee on March 16, 2023.

Pro:

  • Contracting with Cherry Bekaert, LLP aligns with City Council’s financial policy and will help ensure the timely and successful completion of the annual audit. Con(s):
  • None

Fiscal Impact:

  • The maximum total fee amount of $149,000 for the annual audit is budgeted in the Internal Audit operating budget.
  • Future estimated maximum audit fee for remaining 4 years’ submitted in proposal:
  • 2023-2024: $157,000
  • 2024-2025: $165,200
  • 2025-2026: $174,300
  • 2026-2027: $182,400

Item II-G · RES 23-61 · Public Safety · Resolution · consent agenda

Resolution authorizing the City Manager to enter into a contract with NEOGOV to implement a comprehensive human resources system

Passed7–0 · unanimous · Moved by Kim Roney, seconded by Sage Turner

All members present voted yes.

Staff report summary

Background:

  • One of the organizational work plans for Fiscal Year (FY) 2022-23 is to implement a new HR system; benefits include:
  • Increase candidate experience by addressing recruitment inefficiencies and the introduction of new hire portals for consistent onboarding across the system.
  • Increase leadership visibility regarding the status of new hires and team members through Manager Self Service.
  • Increase employee engagement through Employee Self Service.
  • Increase HR efficiency through the reduction of manual data entry and inconsistent processes.
  • Increase HR data to support organizational decision making.
  • Modules include: Core HR (HRIS), self-service (for leaders, employees, and candidates) data management, HR analytics, applicant tracking system (ATS), onboarding, learning management system (LMS), performance management, and employee voice (surveys).
  • The current system has limited capabilities and capacity to support these functions.
  • The City issued a Request for Proposals for these services.

Vendor Outreach Efforts:

  • Currently, the City uses Munis as the HR information system and NEOGOV for recruitment and onboarding.
  • Outreach efforts were performed by posting the RFP on the State’s Interactive Purchasing System. Pro(s):
  • Provide the CMO and leaders with people metrics (for example, turnover, vacancy)
  • Provide the organization with a modern, cloud-based system for HR applications
  • Provide a frictionless experience for applicants, new hires, employees, leaders, and HR
  • Increase consistency through decreasing process variation and workarounds
  • Increase efficiency through reduction in administrative tasks and manual entry
  • Increase workforce equity through data
  • Increase people/team performance and engagement
  • The City currently has a contract with NEOGOV for the Insight and Onboard modules
  • APD and AFD currently have a contract with NEOGOV for PowerDMS for policy management Con(s):
  • Core HRIS and additional modules included in the NEOGOV product come at a higher cost than the City's current HR information system (Munis).

Fiscal Impact:

  • The total five-year contract amount is not to exceed $1,300,000.
  • Funding to initiate this contract is available in the Human Resources operating budget.

Item II-H · RES 23-62 · Public Safety · Resolution · consent agenda

Resolution authorizing the City Manager to amend a contract with Responder Support Services LLC to provide ongoing embedded behavioral health services

Passed7–0 · unanimous · Moved by Kim Roney, seconded by Sage Turner

All members present voted yes.

Staff report summary

Background:

  • Responder Support Services currently provides embedded (on-site) behavioral health support to Fire and Police Departments four days per week for each department which is an increase from two days per week under the original scope of the contract.
  • Utilization of the services provided by Responder Support Services has increased beyond initial projections, necessitating an increase in the contract amount.
  • Behavioral support providers hold office hours on site in the City of Asheville Municipal Building for employees during regular business hours allowing access while on duty.
  • Unique behavioral health services provided to police and fire employees only include:
  • One-on-one sessions available onsite with trained behavioral health providers.
  • Coordination of the City of Asheville Peer Response Network.
  • Provide appropriate services following critical incidents, acute stressors, or debilitating cumulative stress.
  • Implement a workforce resiliency plan for work-related stressors and symptoms/issues.
  • The need by Fire and Police for behavioral health support has steadily increased since implementation of the contract.
  • Ongoing uninterrupted behavioral health support to Public Safety employees is critical in maintaining the health and well-being of these employees and ensuring ongoing service delivery to the community.
  • Human Resources is requesting an increase in the contract amount by $74,000 for a total contract of $470,000 in response to increased utilization of embedded behavioral health support to Fire and Police Department employees.

Vendor Outreach Efforts:

  • Current vendor for embedded behavioral health support is Responder Support Services, LLC. This vendor provides specialized support for Fire and Police employees.
  • Staff was unable to identify other local vendors that provide dedicated service to Fire and Police Departments. Pro(s):
  • Support for public safety employees dealing with trauma on a daily basis
  • Known provider who specializes in supporting public safety employees Con(s):
  • If additional funding is not available, Fire and Police employees will not have access to ongoing behavioral health support.

Fiscal Impact:

  • Additional $74,000 added to the contract for a total investment of $470,000 over the three-year contract.
  • Funding for this contract is available in the Health Internal Service Fund budget.

Item II-J · RES 23-64 · Housing · Resolution · consent agenda

Resolution authorizing the City Manager to enter into a contract with J. Bartholomew

Passed7–0 · unanimous · Moved by Kim Roney, seconded by Sage Turner

All members present voted yes.

Staff report summary

Background:

  • The Capital Projects Department is a subrecipient of the City’s annual Community Development Block Grant (CDBG) award from the U.S. Department of Housing and Urban Development.
  • The grant funds will be used on capital improvements for the historic Stephens-Lee Recreation Center. These improvements include:
  • Renovation of the locker rooms to bring the showers back into working order, install a new waterproofing system to prevent leaking through the shower floors, and bring the showers up to code for ADA accessibility.
  • Masonry repairs at the roof to prevent water penetration into the building.
  • A new suspended gypsum ceiling system in the multi-purpose room to mitigate sound transmission from the basketball court above.
  • The grant award was approved for the 2022-23 CDBG Program Annual Action Plan.
  • Staff is making concerted efforts to expend as much of that funding as possible by the end of the funding period, as per the terms of the subrecipient agreement.
  • Bid 298-CP23-D2301-BID was advertised on January 6, 2023.
  • Bids were due January 26, 2023, but were not opened, as the three bid minimum requirement was not met (N.C.G.S. 143-132).
  • Bid 298-CP23-D2301-REBID was advertised on January 27, 2023.
  • Bids were opened on February 16, 2023.
  • The following bid was received:
  • J. Bartholomew Construction, LLC: Base Bid $1,080,000
  • Through negotiations, material substitutions and a reduction in the extent of the locker room, roof and ceiling renovation, the proposed cost was reduced to $612,730.
  • Final execution of a contract may be contingent upon obtaining a more detailed cost analysis if required by HUD to meet procurement requirements.

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 Minority & Women-Owned Business Enterprise (MWBE) service providers for subrequiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services.
  • Staff also performed outreach to Section 3 low- and very low-income businesses, including posting on HUD’s Section 3 Opportunity Portal, and requiring prime contractors to do the same for subcontracted services.
  • No MBE firms submitted bids with this prime contractor. Committee(s):
  • Historic Resources Commission
  • a Certificate of Compliance was issued 8/2/2022 Pro(s):
  • The project is able to leverage federal grants for much needed improvements to a historically significant recreation center.
  • The terms of the grant funding require efforts to include neighborhood businesses and workers in the project to maximize the localized benefits of the federal dollars.
  • The improvements will improve the function and enjoyment of the recreation facilities, and will extend the useful life of the building. Con(s):
  • None

Fiscal Impact:

  • Funding for this contract was previously budgeted and is available in the Community Development Block Grant (CDBG) Fund.
  • The project is entirely funded by a federal grant, with no additional City resources required.

Item II-K · RES 23-65 · Parks & Recreation · Resolution · consent agenda

Resolution authorizing the City Manager to execute a contract amendment with Legerton Architecture, P.A. for additional architectural services

Passed7–0 · unanimous · Moved by Kim Roney, seconded by Sage Turner

All members present voted yes.

Staff report summary

Background:

  • The Capital Projects Department received a subrecipient award from the City’s Community Development Block Grant (CDBG) program to design and implement improvements to the Stephens-Lee Recreation Center.
  • A Request for Qualifications for professional architectural services was issued on September 19, 2022 for the design of the project.
  • Legerton Architecture, P.A. was the only firm to submit a qualification package. An evaluation committee of Capital Projects and Parks and Recreation staff reviewed the qualification package, and deemed Legerton Architecture qualified to perform the design of the Stephens-Lee Recreation Center Capital Improvements project.
  • The City entered into a contract with Legerton Architecture, P.A. on November 14, 2022 in the amount of $88,500.
  • Amendment No. 1 for added lighting and fire life safety design was executed by the City Manager on February 1, 2023 in the amount of $1,400.
  • Total contract value through Amendment No. 1 is $89,900.
  • This Amendment No. 2 in the amount of $4,500 is for additional design services to update the original plans and specifications to reflect the final project scope as negotiated with the contractor.
  • The total revised contract value including this amendment is $94,400.

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.
  • No MWBE firms submitted bids with this professional services consultant. Committee(s):
  • None Pro(s):
  • This project, including the design contract, are funded by a Community Development Block grant award.
  • Though initially over budget, through the architect’s efforts in negotiations with the contractor, the project is able to proceed. Con(s):
  • None

Fiscal Impact:

  • Funding for this contract was previously budgeted and is available in the Community Development Block Grant (CDBG) Fund.
  • The project is entirely funded by a federal grant, with no additional City resources required.

Item II-L · ORD 5002 · Transportation · Ordinance · consent agenda

Ordinance changing the speed limits along U.S. 25 (Biltmore Avenue) from Hilliard Avenue to Aston Street from 35 to 20 mph

Passed7–0 · unanimous · Moved by Kim Roney, seconded by Sage Turner

All members present voted yes.

Staff report summary

to Herron Avenue, and (3) a 30 mph speed limit on Deaverview Road from Patton Avenue to Pisgah View Road. Background:

  • N.C. Gen. Stat. § 20-141 gives the City the authority to regulate speed limits within its corporate limits.
  • City staff received requests from the public to consider changes to speed limits.
  • US 25 (Biltmore Avenue) is a state maintained street within the city limits.
  • The N.C. Department of Transportation (NCDOT) conducted a traffic-engineering study for US 25 (Biltmore Avenue) and determined that 20 mph would be a more appropriate speed limit.
  • City staff performed appropriate traffic-engineering studies along four streets: Lee Garden Lane, John Walker Avenue, Pruitt Street, and Deaverview Road.
  • The speed limit on the following streets will be set at 15 miles per hour:
  • Lee Garden Lane in its entirety (the existing speed limit is the statutory 35 miles per hour)
  • John Walker Avenue in its entirety (the existing speed limit is the statutory 35 miles per hour)
  • The speed limit on the following streets will be set at 20 miles per hour:
  • U.S. 25 (Biltmore Avenue) from Hilliard Avenue to Aston Street (the existing speed limit is 35 miles per hour)
  • Pruitt Street from Louisiana Avenue to Herron Avenue (the existing speed limit is the statutory 35 miles per hour)
  • The speed limit on the following street will be set at 30 miles per hour:
  • Deaverview Road from Patton Avenue to Pisgah View Road (the existing speed limit is the statutory 35 miles per hour)
  • The Asheville Police Department has reviewed the subject actions and they concur with the recommended changes.
  • Once the subject action is approved and prior to the installation of appropriate signs on the City-maintained streets, Transportation Department staff will coordinate outreach and public education with the Communications & Public Engagement Department (CAPE) and the Asheville Police Department.
  • NCDOT will install the appropriate signs on US 25 (Biltmore Avenue). Committee(s):
  • MMTC
  • February 22, 2023
  • Approved 5 to 3 Pro(s):
  • City staff have been able to respond favorably to public requests.
  • Provides a more appropriate posted speed limit in residential areas.
  • Provides more appropriate posted speed limits for pedestrians, transit, and bicycle riders. Con(s):
  • None

Fiscal Impact:

  • The cost of installing and maintaining speed limit signs is included in the Transportation Department operating budget.

Item II-M · RES 23-66 · Transportation · Resolution · consent agenda

Resolution authorizing the City Manager to apply to the French Broad River MPO for remaining available funds

Passed7–0 · unanimous · Moved by Kim Roney, seconded by Sage Turner

All members present voted yes.

Staff report summary

Background:

  • Each year, the City must apply to the French Broad River Metropolitan Planning Organization (FBRMPO) to receive FTA Section 5307 Job Access Reverse Commute (JARC) funds that are used to support existing transit operations.
  • The City applies annually for this funding for Route 170, the fixed-route service operated between downtown Asheville and the Town of Black Mountain.
  • This year, there is an additional $153,674 in funding available from the JARC program.
  • The MPO asked the City to apply for the additional funding and suggested that the S3 Route met the qualifications of the JARC program.
  • Therefore, this action will allow the City to apply for and receive the additional available funds and offset existing expenses for this route.
  • This will bring the total amount of JARC funds being provided to the City for FY 2023-24 at $408,394.
  • It should be noted that this year is likely the only year where additional funds will be available, therefore this additional grant funding should not be anticipated to continue beyond FY 2023-24. Committee(s):
  • None Pro(s):
  • Enables the City to use federal funds to help offset the existing annual operating cost of Route S3 fixed-route. Con(s):
  • None

Fiscal Impact:

  • If awarded the grant funding ($153,674), 50% local matching funds ($76,837), and associated expenses will be included in the FY 2023-24 Proposed Budget for the Transit Fund.

Item II-N · RES 23-67 · Transportation · Resolution · consent agenda

Resolution authorizing the City Manager to apply to NCDOT Integrated Mobility Division for Section 5303 metropolitan planning funds

Passed7–0 · unanimous · Moved by Kim Roney, seconded by Sage Turner

All members present voted yes.

Staff report summary

Background:

  • Annually the City must apply to the North Carolina Department of Transportation
  • Integrated Mobility Division to receive Section 5303 funds (Metropolitan Planning Program).
  • The City uses the Section 5303 funding to fund existing transit planning activities, such as grant management, administration, and reporting; short and long-range transit planning; analyses of transit operations; and required semi-annual DBE program preparation and reporting.
  • The funds are used to supplement the Transit Planning Division personnel budget including the Transit Planning Manager and additional transit planning staff positions.
  • The FTA grant will provide 80% of the anticipated funding ($151,900), with the North Carolina Department of Transportation and the City of Asheville each providing 10% of the remaining amount at $15,190 respectively. Committee(s):
  • None Pro(s):
  • Supplements funding for multiple transit planning positions.
  • Enables the City of Asheville to leverage $151,900 in Federal funds and $15,190 in State funds to support the City’s transit planning activities. Con(s):
  • The City is responsible for 10% local match, which is $15,190.

Fiscal Impact:

  • If awarded the grant funding ($151,900), 10% local matching funds ($15,190), and associated expenses will be included in the FY 2023-24 Proposed Budget for the Transit Fund.

Item II-O · RES 23-68 · Transportation · Resolution · consent agenda

Resolution authorizing the City Manager to apply for the Expanding Digital Opportunities in WNC through Land of Sky Regional Council grant

Passed7–0 · unanimous · Moved by Kim Roney, seconded by Sage Turner

All members present voted yes.

Staff report summary

Background:

  • Land of Sky Regional Council is applying for a Western North Carolina Digital Opportunities Grant through Dogwood Health Trust and has invited the City of Asheville to participate.
  • The grant funds would cover all cradlepoint routers, antennas, five years of software support, and installation for the current 33 buses in the transit fleet at a total cost of $184,927.
  • If awarded, this grant would provide public WiFi on all ART buses and support business operations of the buses (e.g. route planning, fare payments, passenger counters, etc.)
  • For future buses, the City would need to spend approximately $5,000 per bus on WiFi equipment.
  • The City would also cover future maintenance and support beyond the initial five years at approximately $500 annually, or $16,500 for all 33 buses.
  • The anticipated grant award decision date is July 5, 2023.

Vendor Outreach Efforts:

  • N/A Pro(s):
  • Public WiFi on all City buses
  • Infrastructure to support transit business operations Con(s):
  • City is responsible for outfitting new buses and lifecycle refresh on installed equipment.
  • The lifecycle refresh estimate to update WiFi technology for all transit buses is $165,000 every 6 years.

Fiscal Impact:

  • Future buses will cost approximately $5,000 to equip with WiFi.
  • The City will be responsible for maintenance after the initial 5 year period at approximately $500 per bus per year, for a total of $16,500 for all 33 buses.
  • Lifecycle refresh estimate is $165,000 every 6 years, based on a fleet of 33 buses.
  • Fiscal impact will be in the Transit Fund.
  • Matching funds are not required for this grant.

Item IV-A · ORD 5003 · Zoning & Land Use · Public hearing

Ordinance to conditionally zone 283 Merrimon Avenue (eastern .785-acre portion) from INST and RM-8 to INST and INST-CZ

Passed7–0 · unanimous · Moved by S. Antanette Mosley, seconded by Sandra Kilgore

All members present voted yes.

Staff report summary

Principal Planner Will Palmquist said that this is the consideration of an ordinance to conditionally zone 283 Merrimon Avenue from Institutional District and RM-8 Residential Multi-Family Medium Density District to Institutional District/Conditional Zone. This public hearing was advertised on March 17 and 24, 2021. Project Location and Contacts:

  • The project site totals 3.4 acres located at 283 Merrimon Ave (PIN 9649-35-9489)
  • Owner: Brookstone Baptist Church Summary of Petition: Project Site
  • The project site consists of one property totalling 3.4 acres located at 283 Merrimon Ave, at the corner of Merrimon Ave and Annadale Ave.
  • The site is currently zoned Institutional (INST) and Residential Multi-Family Medium Density (RM-8).
  • The project site is the former site of the Brookstone Baptist Church and consists of a church building with one-story and three-story additions to the south, as well as a one-story residential structure located in the southeast corner of the lot.
  • The site is designated “Traditional Corridor” and "Traditional Neighborhood" on the city’s Future Land Use (FLU) Map.
  • A change in the FLU designation will not be required. Overall Project Proposal
  • The petitioner is seeking a rezoning of the rear portion of the property from Residential Multi-Family Medium Density (RM-8) to Institutional
  • Conditional Zone (INST
  • CZ) in order for the existing parking to support future commercial use in the existing church buildings, which are currently zoned Institutional (INST).
  • Surface parking is not an allowed principal use within the RM-8 zoning district.
  • The existing Institutional (INST) zoning of the majority of the site does and will continue to allow for uses typically allowed in this zoning district.
  • The proposed Institutional
  • Conditional Zone (INST
  • CZ) zoning of the rear portion of the site would restrict the use of that portion of the parking to surface parking, with the exception of the existing one-story residential structure which would allow for the following principal uses which are allowed in the Institutional (INST) zoning district: residential, day care, offices, clinics, financial institutions, health & fitness facilities, and studios/galleries/workshops.
  • The project proposal does not include any construction plans.
  • Any future adaptive re-use or redevelopment will likely be reviewed as a “by-right” development within the existing and proposed zoning districts.
  • Landscaping of the parking lot and other improvements may be required at this time to bring the property into full compliance. Access, Sidewalks and Parking
  • The existing surface parking lot on-site consists of approximately 180 spaces.
  • Access to the site is currently provided by two curb cuts on Annadale Ave.
  • There are existing sidewalks on both Merrimon Avenue and Annadale Avenue.
  • Merrimon Avenue is served by bus transit.
  • The closest bus stops are located one block to the south of the project site at the corner of Merrimon Ave and Hillside St. Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018)
  • The proposed rezoning supports a number of goals in the Living Asheville Comprehensive Plan, including:
  • Encourage Responsible Growth
  • by providing infill development in targeted growth areas.
  • Promote Great Architecture and Urban Design to Enhance Placemaking
  • by promoting adaptive reuse as a means of conserving materials, history, and embodied energy in buildings.
  • Enhance Parking Management Strategies
  • by considering zoning strategies that locate surface parking areas to the rear of buildings in identified innovation districts and along transit-supportive corridors.
  • The proposed rezoning is compatible with the Future Land Use designation of “Traditional Corridor” which is proposed, in part, as “a roadway with a large variety of land uses including commercial, office and residential uses at a variety of scales.
  • The commercial and mixed-use areas along a traditional corridor are typically flanked by residential neighborhoods on one or both sides of the street”.
  • The proposed rezoning is partially compatible with the Future Land Use designation of “Traditional Neighborhood” which is proposed, in part, as a “diverse range of housing types and an intersecting street pattern with cross streets forming blocks” and, “Commercial uses will be inappropriate in a traditional neighborhood, with the exception of uses compatible within a residential context including homestays, bed and breakfast inns and appropriately designed neighborhood centers”.
  • Staff recommends against amending the Future Land Use map because the “Traditional Neighborhood” designation at the rear of the property serves as a buffer between Merrimon Ave and the residential neighborhood. More intense commercial use located adjacent to the neighborhood, other than what currently exists on-site, may not be appropriate in the future.

Compatibility Analysis:

  • The existing structures and surface parking lot are compatible with the surrounding land uses, including:
  • Commercial uses located along Merrimon Avenue to the north, south, and west of the project site.
  • Single-family residential neighborhoods located to the east of the project site.
  • The Claxton Elementary School located directly to the south of the project site across Annadale Ave. Committee(s):
  • Planning & Zoning Commission (PZC)
  • March 1, 2023
  • The motion to approve failed (vote: 1-6). At the March 1 PZC hearing, the Commission expressed two main concerns about the proposed rezoning: 1) That the rezoning would remove residentially-zoned land near an existing neighborhood, and 2) That the rezoning did not include detailed site plans for what is being proposed at the property.

Staff Recommendation:

  • Staff recommends approval of this rezoning request based on the reasons stated above. Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the future land use map. About the site plan, he said (1) Existing church buildings to remain zoned INST and adaptively re-used for office and similar uses; (2) Surface parking currently zoned RM-8, which is not an allowed use in that district, would remain parking for future uses; (3) Existing one-story single-family house structure on Annadale Ave to be used for office and similar uses; and (4) No construction plans as part of this conditional zoning. He said the conditions are that the use of the portion of the property zoned Institutional
  • Conditional Zone (INST
  • CZ) is limited to surface parking to serve other uses on the property, with the exception of the existing one-story residential structure in the southeast corner of the site, which shall be permitted for the following principal uses which are allowed in the Institutional (INST) zoning district: residential, day care, offices, clinics, financial institutions, health & fitness facilities, and studios/galleries/ workshops. The Planning & Zoning Commission did not recommend approval. The motion to approve failed on a 1-6 vote. The Commission expressed two main concerns about the proposed rezoning: 1) That the rezoning would remove residentially-zoned land near an existing neighborhood, and 2) That the rezoning did not include detailed site plans for what is being proposed at the property. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff recommends approval of the proposed conditional zoning. There was considerable discussion surrounding the reason for the request, with Mr. Palmquist noting that if the site is developed, it must come into full compliance with the Unified Development Ordinance. Items of concern were not having a plan to review (even though it is not required for a conditional use request); impacts to the tree canopy; what will be the community benefits; removal of a residential district; what is the plan for renewable energy; and what can the small building on the site be used for. Mr. Derek Alley, attorney for the applicant, and Mr. Brian Moffitt explained the need for the conditional zoning request (on the .785 parcel of land) as it related to the surface parking lot and the small house on the piece they are asking to conditionally zone. Councilwoman Roney asked for a condition to keep the trees along Henrietta Street, to which the applicant agreed. Mayor Manheimer opened the public hearing at 7:07 p.m. Ben Mansel spoke in opposition to the request. Mayor Manheimer closed the public hearing at 7:08 p.m. Mayor Manheimer said that members of Council have been previously furnished with a copy of the ordinance and it would not be read.

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

Motion to continue public hearing on adoption of the South Slope: A Southside Neighborhood Vision Plan until April 11, 2023

Passed7–0 · unanimous · Moved by S. Antanette Mosley, seconded by Sage Turner

All members present voted yes.

Item V-A · RES 23-69 · Housing · Resolution

Resolution to submit to the U.S. Dept. of Housing & Urban Development the HOME-ARP Allocation Plan

Passed7–0 · unanimous · Moved by Sage Turner, seconded by Kim Roney

All members present voted yes.

Staff report summary

Community & Economic Director Nikki Reid said that this the consideration of a resolution to submit the HOME-ARP Allocation Plan as an amendment to the Fiscal Year (FY) 2021-2022 Annual Action Plan (AAP) to the U.S. Department of Housing and Urban Development (HUD). A public hearing was held on March 4, 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 Partnerships 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 $0.00 0%
  • Non-Congregate Shelters Tenant-Based Rental Assistance $0.00 0%
  • (TBRA) Development of Affordable $3,100,000.00 66%
  • Rental Housing 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%
  • The public comment period for the draft HOME-ARP Allocation Plan was conducted for the period of March 06, 2023
  • March 20, 2023.
  • A public hearing at Asheville City Council was held on March 14, 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. 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 23-70 · Housing · Resolution

Resolution adopting the Municipal Climate Action Plan for Municipal Sustainability Goals and Initiatives

Passed7–0 · unanimous · Moved by Maggie Ullman, seconded by Kim Roney

All members present voted yes.

Staff report summary

Sustainability Director Bridget Herring said that this is the consideration of adopting the Municipal Climate Action Plan for Municipal Sustainability Goals and Initiatives. Background:

  • The purpose of the Municipal Climate Action Plan (MCAP) is to update the City’s 2009 Sustainability Management Plan with updated and newly adopted resolutions around climate mitigation and adaptation.
  • The scope of the MCAP is municipal operations where there are significant opportunities to impact climate adaptation and mitigation.
  • On June 8, 2021, City Council authorized the City Manager to execute a contract with AECOM to update the Sustainability Management Plan into a Municipal Climate Action Plan.
  • AECOM reviewed existing City sustainability goals, plans and resolutions as well as interviewed staff and the Sustainability Advisory Committee to gain additional feedback on accomplishments and barriers.
  • AECOM used this information to perform a gap analysis and best practice research to inform a list of high impact opportunities for climate action.
  • AECOM also conducted a high level resource assessment on the final recommended actions.
  • The MCAP recommends 22 high-impact activities – and an estimate of associated fiscal impacts to build a more resilient organization; and continue to address the City’s goals for carbon mitigation.
  • The 22 high-impact activities were selected based on three prioritization factors: impact, feasibility and the opportunity to advance equity.
  • The MCAP suggests an implementation sequence to make the most out of limited resources and multiple priorities.
  • The MCAP is a result of engagement with the Sustainability Advisory Committee (SAC) and City Staff from multiple departments.
  • There were four opportunities between July 2022
  • February 2023 for public input to be received on the MCAP during the SAC meetings. Committee(s):
  • Sustainability Advisory Committee
  • February 21, 2023
  • Voted 8
  • 0 to recommend adoption of the Municipal Climate Action Plan
  • Environment and Safety Committee
  • March 28, 2023 Pro(s):
  • Prioritizes Asheville’s internal climate and sustainability activities
  • Establishes a roadmap for continued sustainability and climate action progress Con(s):
  • The MCAP is a guiding document that provides policy, program, planning direction and high level resources needs but does not include a detailed scope for individual projects.

Fiscal Impact:

  • Funding for the activities recommended in the MCAP will be considered during annual budget development processes.
  • New activities being considered for funding in the FY 2023-24 budget development process include a Solid Waste Master Plan and fleet maintenance that would support carbon reduction and fleet electrification goals. Ms. Herring said the key takeaways from this presentation will be (1) the purpose of the Municipal Climate Action Plan (MCAP) is to update the City’s 2009 Sustainability Management Plan with updated and newly adopted resolutions around climate mitigation and adaptation; (2) the scope of the plan is municipal operations where there are significant opportunities to impact climate adaptation and mitigation; (3) it establishes a roadmap for continued sustainability and climate action progress; (4) the MCAP suggests an implementation sequence to make the most out of limited resources and multiple priorities; and (5) it has been reviewed by the Environment and Safety Committee. The purpose of the MCAP is to (1) update the 2009 Sustainability Management Plan (SMP); (2) prioritize Asheville’s internal climate and sustainability activities; and (3) establish a roadmap for continued sustainability and climate action progress. She used a chart to show the development process of the MCAP. In the scope of the Plan, Goal 1 is City-owned assets are resilient, sustainable and efficient. Goal 2 is sustainability and climate priorities are embedded in city operations, participation, and decision-making. Goal 3 is the City supports sustainability and resilience for area residents and businesses. The final result was (1) 22 recommended activities; (2) recommended implementation sequence to maximize (a) overall impact; (b) time required for implementation; (c) manage staff capacity; and (d) leverage current opportunities; and (3) built as a tool to assist in evaluating new opportunities and priorities. For Goal 1: 1. Continue Installation of Renewable Energy Resources on Municipal Property 2. Utilize Alternatives to On-Site Solar to Meet Targets 3. Expand Energy Efficiency Standards for All New Construction to Retrofits and Upgrades 4. Establish Building Energy Efficiency Operations and Maintenance Requirements 5. Incorporate Equity and Sustainability into Processes to Address Aging Infrastructure* 6. Update City-Owned Building Standards for Resilience Considerations 7. Establish a Policy for the Purchase, Sale, or Adaptive Reuse of Highly Vulnerable or Underutilized Assets 8. Investigate and Install Building Automation for All City Facilities 9. Integrate Climate Justice, Equity, and Resilience Best Practices into All Hazards Planning Committee and Emergency Response Plans and Operations* 10. Measures for City-Owned Property* 11. Assess and Enhance Efficiency and Resilience of Municipal Water Distribution System 12. Utilize Green Fleet Policy for Fleet Electrification* 13. Conduct Low-Carbon Transit Assessment For Goal 2: 14. Use Climate Justice and Sustainability Tools for Planning and Decision Making 15. Monitor and Engage in State-Level and Utility Policies on Climate and Sustainability 16. Establish Sustainable Oriented Procurement Procedures 17. Conduct Solid Waste Master Planning Process* For Goal 3: 18. Utilize Urban Forestry Practices on City Land in Priority Neighborhoods to Reduce Heat Island Impacts and Sequester Carbon* 19. Explore City Supported Community Resilience Hub Sites 20. Conduct Programs for Food Production, Community Gardening, and Edible Plantings on Public Lands 21. Make Climate and Sustainability-related Data and Progress Toward Goals Publicly Accessible* 22. Create a Sustainability and Climate Ambassador program to Regularly Engage Frontline Communities Short Term: Initiate in Years 1 or 2 Bold: Existing Ongoing Activities Councilwoman Ullman understood that the only way we can reach these goals and goals of other plans is through partnerships. When she asked if the Sustainability Department has the resources and staff to achieve these goals, Ms. Herring said that any quests will go through the budget process. Ben Stockdale offered to work with the City of Asheville on clean energy. Gerald Meyer explained why micro-grids would help with many strategies under Goal 1. Tim Sadler urged Council to look at things outside the box. 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-B · ORD 5004 · Transportation · Ordinance

Ordinance adopting the Fiscal Year 2024 Fees & Charges Manual

Passed7–0 · unanimous · Moved by Maggie Ullman, seconded by Sage Turner

All members present voted yes.

Staff report summary

Budget Manager Taylor Floyd said that this is the consideration of an ordinance establishing the fees and charges for FY 2023-24. Background:

  • Fees and charges comprise 35% of City-wide revenue and 10% of General Fund revenue.
  • City Council has been provided with a memo that provides detailed information for fee adjustments under consideration for FY 2023-24, including impacts on revenues, customers, and service provision.
  • Final recommendations to City Council are based on feedback received from the Policy, Finance and Human Resources Committee.
  • Recommended fee adjustments will become effective July 1, 2023.
  • Typical household impact of major fee changes proposed for FY24 are below: Fee Bi-Monthly Bill Increase FY24 Annual Increase Solid Waste $ 2.00 $ 12.00 Stormwater (Tier 2) $ 1.76 $ 10.58 Water (6 CCFs/month) $ 7.13 $ 42.78 Total $ 10.89 $ 65.36

Fiscal Impact:

  • Impacts for each proposal are shown in the information provided to City Council. Mr. Floyd said that they would be reviewing an overview of the fees and charges; water services; stormwater utility; solid waste; parks and recreation; and other changes under consideration. He said the key takeaways from this presentation will be (1) Staff reviews fees and charges as part of the budget process each year and bring forward recommendations for adjustments early in the process; (2) Fees and charges represent a small portion of General Fund revenues but are the major revenue source for Enterprise Funds, such as Water and Stormwater; (3) Staff recommendations for Fiscal Year 2023-24, include a continuation of modest increases in fees for water, stormwater, and solid waste that are paid by most households; and (4) No changes are recommended for transit, parking or special event fees. He explained what we charge for services
  • Customer vs. community benefit; Ensure access; and Statutory requirements. Factors in setting fees and charges include cost to provide service; who benefits from service; and fee studies. Using charts, he then reviewed the General Fund Revenues, along with the Enterprise Funds Revenues. He used a chart to show the impact recommended fee changes on a typical household
  • solid waste bi-monthly bill increase
  • $2.00; stormwater (tier 2) bi-monthly bill increase
  • $1.76; and water (6 CCs/month) bi-monthly bill increase
  • $7.13
  • for a total of $10.89 bi-monthly bill increase. Regarding the Water Resources Fund, he used a chart to show the operating costs, capital & debt; and personnel. As of calendar year 2022, Asheville Water Resources had nearly 60,700 customer accounts that consumed 7.7M centum cubic feet (CCF) of water. He said they have (1) reviewed rate structures for 12 other peer systems in NC & SC; most peer rate structures include: (a) Tiered residential consumption rates; (b) Different rates for non-residential users; and (c) Different rates for customers outside of geographical limits (not permitted in Asheville by Sullivan Acts); and (3) Asheville customer costs are highly competitive and affordable compared to like systems. The recommended Water Fee changes are (1) an increase in base fees charged to customers according to meter size; (2) an increase in consumption fees charged to customers based on the volume of water used; and (3) an increase in hydrant meter rental deposits. Note: A cost of service study is underway which will provide an assessment of the rate structure. Any recommended changes to the structure will be considered for Fiscal Year (FY) 2024-25. He then reviewed a graph of the single family residential user impact. Planned service enhancements include (1) additional maintenance crew; (2) staffing to enhance night coverage at water treatment plants; (3) staffing to improve critical communication and customer engagement; (4) customer service staff to support meter project transition; and (5) continue to recover $7.5M in lost revenue from loss of capital fee in FY19-20 using a combination of adjustments to the base fee and the volumetric rate. Mr. Melton responded to several questions/comments from Council, some being, but are not limited to: update on when we might look at monthly billing; request to see the whole picture of flat fees; request for options for multi-family housing and commercial tiers; and request to add Boone into the benchmarking study. There was discussion and consensus of Council to not approve the water rates at this meeting, but for staff to come back with a recommendation for a possible path forward to minimize or freeze residential water rates, as we are putting the burden of our infrastructure on full-time residents. Regarding stormwater service and fees, he explained that aging infrastructure and deferred maintenance perpetuate funding challenges. A stormwater consultant review (1) will provide key information about the capital and operating resources required to maintain the system and provide services; (2) review of current fees and fee structure; and (3) expected to be completed in the summer of 2023. Using a chart, he explained the recommended stormwater fee changes. Planned service enhancements include (1) additional maintenance crew; (2) additional staffing to enhance inspections of constructed stormwater devices; (3) system mapping to improve asset management; and (4) vehicle and equipment purchases. Regarding sanitation service and fees, he said maintaining sanitation services are (1) additional positions are needed to keep up with increasing number of collection points; (2) continued cost increases in new recycling contract and landfill tipping fees; and (3) review operations, financing and ordinances to address challenges and improve service delivery to customers. Recommended sanitation fee changes include (1) prior to this fiscal year, the last fee increase was approved in FY16-17; (2) current year (FY22-23) increase was $2.00 per month; and (3) recommending $1.00 per month increase for FY23-24. Planned service enhancements include (1) Solid Waste Master Plan; and (2) additional staffing to support increased number of collection points. Regarding Parks and Recreation fees, (1) moderate increases to fees at Riverside Cemetery to support maintenance of facility; (2) reductions to usage fees for recreational and athletic facilities; (3) reductions to fees for weight rooms; and (4) increases to swimming pool fees. Regarding afterschool and summer programming, (1) increase to Fun Day Out/Inclement Weather programming ($5 to $10 per day)
  • Not paid if already enrolled in afterschool program; (2) new fees provide flexibility for single day usage; and (3) installment payment plans offered to mitigate financial burden on afterschool and summer programming. Other recommended changes include (1) Aston Park tournament entry; (2) WNC Nature Center fee flexibility; and (3) Stormwater development fees. Katy Hudson was opposed to charging residential customers higher fees than commercial customers. Jonathan Wainscott urged City Council to not give away our precious resource. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.