City Council regular meeting — June 13, 2023

Background:

• The City of Asheville joined the Community Rating System (CRS) program, a program through the Federal Emergency Management Agency (FEMA), and administered by the Insurance Services Office (ISO) in 2014.
• As required by the CRS program, a Repetitive Loss Area Analysis (RLAA) was prepared in 2013 by Brown and Caldwell to supplement the Buncombe-Madison Regional All Hazards Mitigation Plan.
• CRS provides lower flood insurance premiums, higher regulatory standards, and improved community outreach in accordance with the National Flood Insurance Program.
• The premium reduction is based on our current CRS classification. The City of Asheville is a Class 8 program.
• The classes are obtained by actions that are above and beyond the requirements of the National Flood Insurance Program administered by FEMA.
• Currently, citizens in Asheville receive a 10 percent reduction in their flood insurance premiums through the City’s participation in the CRS program.
• In order to maintain the current status in the CRS program, staff is required to provide to council the annual report of the Flood Mitigation Actions Items that were part of the RLAA report from Brown and Caldwell adopted by Council on December 10, 2013.
• Highlighted in the report, staff from multiple departments continue to work together, looking for ways to reduce flooding and damage from floods.
• This occurs through community outreach from the City website, social media, flyers, and events.
• Additionally, staff work across departments, such as Fire and Public Works, and other partners on flood mitigation opportunities, and work with developers and property owners on ways to protect their properties from flooding.

Vendor Outreach Efforts:

• N/A. Committee(s):
• None Pro(s):
• The citizens of Asheville will continue to receive a 10% reduction on their flood insurance premiums.
• Provides a higher level of protection through the current flood ordinance and improves resilience.
• Promotes public education of the dangers of flooding and the Special Flood Hazard Areas.
• The CRS program will be annexed to the Emergency Operations Plan(EOP). Con(s):
• Considerable amount of staff time is necessary to maintain these requirements, and improve the local program.

Fiscal Impact:

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

Background:

• The City contracts collection of bulk waste (trash and recycling) for various City facilities.
• The contractor provides and services receptacles (dumpsters) as needed by each facility.
• The current bulk waste contract ends 6/30/2023.
• The City posted an invitation to bid on May 2, 2023, and bids were opened on May 24, 2023.
• Four bids were received, and Waste Management of Carolinas, Inc. is the lowest responsive, responsible bidder.
• The new contract will be for (3) three years, with the option for (2) two additional (1) one year extensions.
• The resolution will authorize the City Manager to execute the contract, as well as to execute any optional contract extensions and contract amendments up to 5% above the contract price for each annual renewal period.

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 contacting MWBE companies directly who were listed on the North Carolina HUB website and NCDOT Directory of Firms.
• No MWBE firms submitted bids and all work will be self performed by the contractor. Committee(s):
• N/A Pro(s):
• Provides adequate waste disposal options for City facilities
• Supports Council’s goal for a Clean and Healthy Environment
• Supports Citywide cleanliness efforts Con(s):

None Fiscal Impact:

• Each department maintains an on-going operating budget for their requested service.
• The initial year will be Not-to-Exceed $100,000. Rate increase is capped at 5% annually for each additional year. Total five year contract will be Not-to-Exceed $560,000.

Background:

• The parcel known as 1310 Fanning Bridge Road is within the City limits of Asheville.
• In 2012, this parcel was owned by the Airport and then removed from the City’s zoning jurisdiction by the North Carolina General Assembly.
• The parcel currently exists partially within the City of Asheville’s zoning jurisdiction and partially within Buncombe County’s zoning jurisdiction.
• In accordance with GS §160D-203 and § 160A-461, local governments may, by mutual agreement and with the written consent of the landowner, assign exclusive planning and development regulation jurisdiction under Chapter 160D of the North Carolina General Statutes for the entire parcel to any one of those local governments when a parcel of land lies within the planning and development regulation jurisdiction of more than one local government.
• City and County staff agree that Asheville should have exclusive planning and development regulation jurisdiction for the entire parcel and the landowner has provided its written consent by signing the Inter-Local Agreement.
• The parcel was previously zoned Industrial within the city and will retain that zoning designation. Committee(s):
• N/A Pro(s):
• Improves the consistency in application of zoning regulations on a single, combined parcel that exists fully within the City limits of Asheville. Con(s):

None Fiscal Impact:

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

Staff Recommendation:

• Staff recommends approval of the Resolution authorizing the City Manager to execute an Interlocal Agreement with Buncombe County for zoning review of 1310 Fanning Bridge Road.

Actions Requested: Adoption of budget amendment in the amount of $25,286,496 in the City’s Capital 2100 Fund (General Fund) to account for the refunding of debt. Background:

• On November 8, 2016, Asheville voters approved a $74 million General Obligation (GO) Bond Referendum
• $32 million for Transportation improvements, $25 million for Affordable Housing initiatives and $17 million for Parks and Recreation improvements.
• In association with this GO Bond Referendum, the City issued a three-year short-term General Obligation Bond Anticipation Note in an amount not to exceed $25,000,000 in June 2020.
• In December 2022, Council approved a Bond Order authorizing City staff to proceed with the issuance of long-term fixed rate General Obligation Refunding Bonds to pay off the 2020 General Obligation Bond Anticipation Note.
• The long-term fixed rate General Obligation Refunding Bonds were issued in February 2023.
• The funds generated from the issuance of the Refunding Bonds, which totaled $25,286,496, were used to pay off the existing Bond Anticipation Note and the costs associated with the debt issuance and thus do not represent additional money available for City use.
• Since long-term debt refundings are non-routine and difficult to accurately forecast ahead of time, the budget associated with these transactions is not included in the adopted annual budget.
• This technical amendment incorporates these appropriations into the budget in order to ensure that the General Fund does not exceed the approved annual budget in the City’s annual financial reporting. Committee(s):
• None Pro(s):
• Amends the Fiscal Year (FY) 2022-23 Capital 2100 Fund (General Fund) budget in order to ensure statutory budgetary compliance. Con(s):

None Fiscal Impact:

• There is no net fiscal impact from this technical budget amendment.
• It will amend the FY 2022-23 budget in the Capital 2100 Fund (General Fund) to reflect the receipt of refunding proceeds and the subsequent payment to pay off the prior debt issuance.

Motions:

• Motion to adopt a budget amendment in the amount of $25,286,496 in the City’s Capital 2100 Fund (General Fund) to account for the refunding of debt.

Background:

• City Council adopted the ordinance establishing the fees and charges for FY 2023-24 at their March 28, 2023 meeting.
• Included in the fee changes for the next fiscal year was a $1.00 increase (from $16.00 to $17.00 per household per month) in the Standard Municipal Solid Waste Fee.
• The rental fee for each additional 95 gallon trash cart should also have been increased by $1.00 to $17.00 per cart per month, but was omitted from the staff recommendations.
• The projected revenue from the increase in both fees was used in completing the FY 2023-24 Proposed Budget presented to City Council on May 9, 2023. Committee(s):
• Not Applicable Pro(s):
• Provides for cost recovery from those that directly utilize or benefit from the service, reducing the financial burden of City services on taxpayers.
• Provides additional revenue to help balance the FY 2023-24 budget. Con(s):
• A minimal increase in the cost of city services.

Fiscal Impact:

• Without updating the additional cart rental fee to align with the Council-approved increase to the Standard Municipal Solid Waste Fee, the projected revenue for Sanitation services will be lower than presented in the FY 2023-24 Proposed Budget.

Background:

• On August 22, 2017, the City Council approved Resolution No. 17-185 ESRI, Inc. for a three-year contract for GIS software maintenance.
• On May 26, 2020, Council approved Resolution No. 20-87 to renew the GIS contract with ESRI, Inc. for an additional three years.
• Currently, the ESRI software is how spatial assets and data are collected, analyzed, and visualized throughout the City, including recent updates to the new Fire Station 13 service areas.
• This contract would allow the City of Asheville to continue to enhance its GIS program using the ESRI software for GIS dashboards, Map Asheville, the open data program, water utility management, public safety, asset management, equity mapping and storytelling, and much more.

Vendor Outreach Efforts:

• Because of the standardization needed to maintain the City’s current GIS maps, no outreach was conducted.
• A waiver was approved by the City Manager’s Office on April 13, 2023, in accordance with Outreach Exceptions Per State Statute § 143-129. Procedure for letting of public contracts (e) 6. iii.
• ESRIi provides a competitive enterprise license agreement for public sector clients.
• Changing the City’s underlying GIS infrastructure would result in significant costs in terms of lost productivity and the need to rebuild existing GIS assets. Committee(s):
• N/A Pro(s):
• Increased support of departmental business requirements via greater options for GIS software licensing.
• Ability to install additional software without additional purchases.
• Mitigate impacts of increasing software maintenance costs. Con(s):
• If continued funding for the future is not appropriated, some staff will lose the ability to utilize GIS software and data.
• The City would lose many highly-used public GIS platforms such as the Open Data Portal, Map Asheville, Equity Story Maps, Climate Justice Index Map, and the Police Transparency Dashboard. As well as internal resources such as Water Infrastructure maps and Asset Management services for Capital Projects and Public Works.
• Without access to ESRI, the City would lose GIS integration with current Asset Management software, Cityworks and Asset Essentials.

Fiscal Impact:

• Funding for the first year of this contract ($62,375 in total) is planned in the Water Services Fund ($5,675) and Information Technology Services operating budget ($56,700) for FY 2023-2024.
• Future years will be planned in the annual budget development process.
• The total three-year contract cost is $187,125 .

Background:

• Cityworks asset management software provides a platform for Water Resources’ and Public Works’ asset management, work orders, inventory management, and reporting.
• This software is utilized to track the use and costs of assets and to determine when preventative maintenance should occur.
• The software tracks the cost of work performed by field personnel and allows for tracking of performance and reaction times for service calls received by customer service.
• It also allows for a paperless workflow within departments and across departments using the system.
• This is an annual software renewal that will allow for the continued use of the Cityworks software.
• Cityworks is highly integrated with the City’s GIS program and includes all major physical assets maintained by Water Resources and Public Works (water mains, valves, hydrants, streets, fleet vehicles, etc.).
• In the upcoming fiscal year, FY 2023-24, there are plans to begin expansion of Cityworks for use in the Transportation and Parks & Recreation Departments.
• Past resolutions related to the City’s Cityworks contract include: 23-27 and 22-23.

Vendor Outreach Efforts:

• No outreach was required as this is amending an existing contract.
• The City of Asheville conducted a competitive procurement process for an asset management software system for both Public Works and Water in 2016 and 2017.
• The asset management system is designed to be used with any other city departments as needed.
• There are a limited number of vendors providing enterprise asset management software, and after reviewing all available options, Azteca Cityworks was selected as the best overall value for the City of Asheville. Committee(s):
• N/A Pro(s):
• Amending the current contract will provide a fully hosted product (Software As A Service). This allows for better security, data backup, and disaster recovery.
• More efficient management of Water Resources and Public Works physical assets and infrastructure.
• Automation of work orders and reporting. Con(s):
• Without this system, Water Resources and Public Works will not be able to proactively manage and maintain critical infrastructure.

Fiscal Impact:

• Funding for this contract is available in the Water Resources and Public Works departmental operating budgets.
• Year 1: 05/10/2023 – 03/09/2024 $29,473.75 (Prorating this year’s fee to include hosting- $74,623.50 original amount)
• Year 2: 03/10/2024 – 03/09/2025 $116,233.50

Background:

• Asheville Rides Transit (ART) provides daily service between Downtown Asheville and Black Mountain via Route 170.
• The total cost of operating the route is approximately $500,000 annually and the City received Federal transit grant funding through the Job Access Reverse Commute (JARC) program from the French Broad River Metropolitan Planning Organization to pay for 50% of the cost to operate route 170 for FY 2022-2023 and FY 2023-2024.
• Earlier this calendar year, the City requested a contribution from the Town of Black Mountain to support a portion of the costs associated with operating the route.
• Black Mountain agreed to provide $25,000 for the current fiscal year (FY 2022-2023) and next.
• An executed agreement is necessary in order to receive and expend the funds for transit operations. This agreement will cover both fiscal years.
• The Town of Black Mountain’s contribution will help offset the non-grant funded portion of the operational cost of the route.

Vendor Outreach Efforts:

• N/A Committee(s):
• N/A Pro(s):
• The $25,000 in revenue for FY 2022-2023 and $25,000 in revenue for FY 2023-2024 will help to offset existing transit service costs, reducing the overall General Fund contribution to the Transit Operating Fund. Con(s):
• The City and Town of Black Mountain have not discussed future contributions beyond FY 2023- 2024, nor the possibility of an increased level of support in future years.
• In the coming months, staff will work with Black Mountain to explore this possibility for FY 2024-2025.

Fiscal Impact:

• The $25,000 in revenue for FY 2022-2023 and FY 2023-2024 will help to offset existing transit service costs, reducing the overall General Fund contribution to the Transit Operating Fund.
• The cost for this route is already included in the Transit Operating Fund for FY 2022-2023 and in the FY 2023-2024 Proposed Budget.

Planning & Development Division Manager Chris Collins said that this is the consideration of an ordinance to amend Chapter 7 of the Code of Ordinances to revise neighborhood meeting requirements for Level 2 projects, major subdivisions and conditional zonings. This public hearing was advertised on June 2 and 9, 2023. Background:

• The UDO currently has a requirement for prospective land developers to hold community/neighborhood meetings with nearby residents and owners prior to submitting an application for review of a Level II site plan, Major Subdivision or Conditional Zoning by the City.
• City staff have worked with several groups including the Coalition of Asheville Neighborhoods, Legacy Neighborhoods Coalition and the Development Customer Advisory Group to create a set of clarified and standardized requirements to assist in making these meetings function well.
• City staff have created several administrative tools such as notification letter templates, a guide to conducting and attending neighborhood meetings and a registration process whereby prospective developers can report scheduled and held pre-application neighborhood meetings.
• While many of the detailed requirements and improvements are housed within these administrative tools, a change in the ordinance to require adherence to these guidelines and tools is necessary.
• In addition to supporting the administrative framework to improve these meetings, the ordinance also increases the notification radius from 200’ to 400’ in all areas outside of the Central Business District and increases the minimum duration of notification from 10 days to 14 days.
• At the March 1 PZC meeting, commissioners asked staff to investigate increasing the notice and time requirements for UDO required city sent notifications. Currently, the UDO requires that city staff send notice in the following circumstances to all property owners within 200 feet of the subject parcel:
• Legislative Hearings (Such as conditional rezonings)
• Major Subdivision Plats (Notice is sent after Technical Review Committee action (TRC))
• Level II Site Plan Reviews (Notice is sent after TRC action)
• The following application types require notification of all abutting property owners only:
• Zoning Variances
• Quasi-Judicial Hearings (Such as variances and special/conditional use permits)
• After staff review of the ordinance it is recommended that no changes be made to the City notice requirement radius of the items shown above.
• Quasi-Judicial hearings require that participants have legal standing, and increasing the number of people notified will very likely increase those with concern but with no standing to participate.
• Level II and Major Subdivision notifications are an after-action notification once the TRC has approved or denied a plat and/or site plan. This does not serve the same purpose as a pre-development application notification as it is meant to inform property owners likely to have legal standing to file an appeal.
• Legislative hearings currently require notification of far more individuals than is required by NCGS Chapter 160D, which requires only abutting parcel owners be notified. In addition, all conditional zoning applicants will have been required to follow community meeting requirements and will have held a meeting per UDO provisions.
• The City has worked toward ease of transparency and following of applications through the Development Notification Tool and individual application pages on simplicity.ashevillenc.gov.

Comprehensive Plan Consistency:

• This proposal aligns with a number of themes within the Living Asheville Comprehensive Plan including ‘A Livable Built Environment’ and ‘Interwoven Equity’'. The following goals are applicable to this zoning amendment:
• Celebrate the Unique Identity of Neighborhoods Through Creative Placemaking; prioritize growth and development within designated growth areas
• Improve Community Involvement in Decision-Making
• Create a More Formal Neighborhood Planning Process
• Increase Access to Opportunities for All Committee(s):
• Planning & Zoning Commission: Recommended Approval by vote of 3-1 on 05/03/2023
• Neighborhood Advisory Committee: Heard report on 02/27/23 Pro(s):
• Improves the consistency, clarity and access to UDO required pre-application neighborhood meetings.
• Creates a formalized opportunity for possibly affected neighborhood residents to begin a dialogue with the prospective developer.
• Creates multiple means of notification to promote equity in the pre-development neighborhood meeting process.
• Creates a permanent record of the neighborhood input on development projects that will be attached to staff reports throughout the hearing and review process. Con(s):
• May increase some administrative costs of developing property.
• As more property owners would be notified (outside of the CBD) may promote resident opposition to some development.

Fiscal Impact:

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

Staff Recommendation:

• Staff recommends approval of the proposed zoning text amendment to establish new standards zoning text amendment to revise Sections 7-5-8, 7-5-9, 7-5-9.1 and 7-7-8 of the UDO in order to create new and improve existing requirements for pre-development application community meetings because this is consistent with the Living Asheville comprehensive plan in that it directly furthers several goals of the plan while promoting specific Council goals as well. Mr. Collins said that the key takeaways from this presentation are (1) This text amendment will create UDO requirements for the notification, commencement and reporting of required community meetings for Level II, Level III, Conditional Zoning and Major Subdivision development applications; (2) This text amendment will replace very general code language with specific requirements and parameters for required pre-development community meetings; and (3) Staff has worked with the Coalition of Asheville Neighborhoods, the Development Customer Advisory Group and the Legacy Neighborhoods Coalition in developing these new requirements. He then reviewed the current and proposed regulations of the notification timing and radius. Regarding the proposed regulations on the Central Business District, (1) Changes in the notification radius are not proposed for properties within the CBD zoning district; (2) Section 7.5.9.1 currently requires notification be sent to all addresses (rather than only property owners) for CBD zoned projects; (3) CBD zoned properties exist in a denser environment and 200 feet casts a wider net; and (4) Expansion to all addresses within 400’ would be quite burdensome to potential applicants. He said that regarding future phases
• Notification vs. Simplicity, (1) The City’s Development Notification & Information tool currently allows all residents to opt-in to receive email notifications of development applications; (2) The proposed requirements will allow the same opt-in process to receive email notifications of scheduled community meetings; and (3) If ordinances are adopted, planned implementation will begin in the Summer of 2023. There was considerable discussion by Council, in which Mr. Colllins responded to various questions from Council. Some questions/comments surrounded why not have the same notification requirements inside the Central Business District; need for hybrid meetings; why aren’t mailed notices sent to all physical addresses and property owners; and what triggers the staff to require a developer to hold another neighborhood meeting. Council recommended, and Mr. Collins agreed that all mailed notices should be sent to all physical addresses and property owners with 400 feet of the proposed development site. Mayor Manheimer opened the public hearing at 7:31 p.m. Six individuals spoke in support of the amendment to the Unified Development Ordinance; and some relayed a disastrous developer/neighborhood community meeting. Mayor Manheimer closed the public hearing at 7:49 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read. maggie
• moton notification requirement to property owners and residents

Background:

• There are a number of existing Federal Transit Administration (FTA) grants from between Fiscal Year FY 2017-18 and FY 2019-20 that have funds remaining that are encumbered under existing Subrecipient Agreements.
• These Subrecipient Agreements were executed several years ago for the expenditure of FY 2017-18 and 2019-20 funds and expired in spring 2023. These existing agreements need to be extended so that Transit Division staff may process the remaining reimbursements.
• Subrecipient Agreements will be extended based on confirmation of Subrecipient spending plans and in accordance with the timelines outlined in each FTA grant funding agreement.
• City staff will provide outreach to Subrecipients semiannually to monitor progress on projects and spending plans. Agreement Subrecipient Description Funds Remaining 92100144 BUNCOMBE COUNTY PLANNING DEPAR(7155) FFY 2018 5310
• RIDE Voucher Program 52,337.00 92100163 BUNCOMBE COUNTY PLANNING DEPAR(7155) FFY 2019 5310
• RIDE Voucher Program 13,508.00 92200181 BUNCOMBE COUNTY PLANNING DEPAR(7155) FFY 2020 5310
• RIDE Voucher Program 20,112.00 92100160 COUNCIL ON AGING OF BUNCOMBE COUNTY, INC(30754) FFY 2019 5310
• Call a Ride Program 15,196.00 92100142 LAND-OF-SKY REGIONAL COUNCIL(1535) FFY 2018 5310
• Senior Companion Program 24,755.39 92100159 LAND-OF-SKY REGIONAL COUNCIL(1535) FFY 2019 5310
• Senior Companion Program 11,815.00 92200180 LAND-OF-SKY REGIONAL COUNCIL(1535) FFY 2020 5310
• Senior Companion Program 42,838.00 92100158 MADISON COUNTY(5440) FFY 2019 5310
• Mars Hill Transportation 17,426.00 92100162 MADISON COUNTY(5440) FFY 2019 5310
• Nutrition Access Program 14,745.00 92200178 MADISON COUNTY(5440) FFY 2020 5310
• Nutrition Access Program 9,757.16 92200179 MADISON COUNTY(5440) FFY 2020 5310
• Mars Hill Transportation 17,426.00 92100161 MOUNTAIN PROJECTS INC./ Haywood County (25067) FFY 2019 5310
• Deviated- Fixed Route 45,250.00

Vendor Outreach Efforts:

• N/A
• These funds are apportioned to the Asheville Urbanized Area (AUZA) annually by the Federal Transit Administration and are disbursed by the City of Asheville, as the Designated Recipient, to the regional transit agencies (Subrecipients), including Buncombe County, Henderson County, Haywood County, and area non-profit organizations receiving Section 5310 funds. Committee(s):
• N/A Pro(s):
• The authorization will allow the City to process reimbursement requests for the City’s Transit Subrecipients. Con(s):
• Expending the grant funds is dependent on the Subrecipients, which includes Buncombe County, Henderson County, Haywood County, and area non-profit organizations receiving Section 5310 funds.

Fiscal Impact:

• This action requires no additional City resources and has no fiscal impact, funding for these agreements were previously budgeted and encumbered.
• The City passes through funding to each subrecipient and is not responsible for their local match.

Background:

• The City of Asheville is the Designated Recipient of Federal Transit Administration (FTA) grant funding that is allocated to the urbanized area. As the Designated Recipient, the City is responsible for administering the funding and processing the grants for the City’s transit program, as well as those of other area transit agencies (subrecipients).
• The City is responsible for the timely administration of all grant funding and for ensuring that the City and the eight subrecipients are complying with the requirements of FTA funding.
• There have been numerous staffing transitions in the Transit Grant Analyst position (currently vacant) over the last five years, and the number of FTA grants being administered has increased significantly since the pandemic.
• This has created the need for additional grants management support and training of new Transit staff as well as additional support for assisting with the increased number of grants awarded to the area.
• Transit Division staff issued a Request For Proposals (RFP) at the end of February 2023 seeking qualified professionals with FTA grant experience to provide grant administration support and training to transit staff. Proposals were due April 3, and seven proposals were received, including two DBE firms.
• Witt O’Brien’s was selected by the selection committee and a contract not to exceed $124,982 is being proposed.

Vendor Outreach Efforts:

• The Request for Proposals was posted on the NC HUB website and direct outreach was done to individual certified DBE firms with experience related to federal transit grants and compliance.
• A total of seven proposals were received including two proposals from certified DBE firms and one proposal that indicated it would utilize a MWBE/DBE firm as a subcontractor.
• A selection committee of staff from Purchasing, Accounting, and Transit reviewed and ranked proposals, ultimately selecting Witt O’Brien’s.
• The selected contractor is not a MWBE/DBE firm.
• The selected contractor has indicated they have the ability and capacity to perform all services in-house.
• They do not intend to outsource for any services under this contract. Committee(s):
• N/A Pro(s):
• The selected consultant will provide needed grant administration support while also training existing staff. Con(s):
• Funding for the consultant contract is partially funded through savings from the vacant Transit Grants Analyst position.

Fiscal Impact:

• Funding for the contract is available in the Transit Services Fund.

Resolution reads: “WHEREAS, Asheville is committed to interwoven equity for all residents, has passed an LGBTQIA+-inclusive Non-Discrimination Ordinance, and established a Human Relations Commission; and WHEREAS, hate crimes targeting LGBTQIA+ (lesbian, gay, bisexual, transgender, & queer) people have increased every year for the past four years; and mass shootings by domestic terrorists at LGBTQIA+ gathering spaces such as Club Q and Pulse have created fear and trauma in LGBTQIA+ communities across the country; and WHEREAS, events celebrating the existence, success and achievement of Asheville’s LGBTQIA+ community are often subject to harassment and disruption by a very small population; and WHEREAS, there has been a sharp increase in anti-LGBTQIA+ legislation in the US, with 474 anti-LGBTQIA+ bills filed in state legislatures across the country as of May of 2023

• representing a significant and nationwide attack on the rights of LGBTQIA+ people; and WHEREAS, the City of Asheville understands that certain legislative initiatives would have a significantly detrimental impact on the rights of LGBTQIA+ people in our community. Specific examples of concern include the following: (1) Legislation that would explicitly prohibit Asheville’s educators from using “locally developed curriculum” which reflects our community’s values and provides accurate information about the existence, experiences, and history of all our residents, including our LGBTQIA+ neighbors; (2) Legislation that would unfairly restrict the ability of Asheville’s transgender and gender-nonconforming youths to equally participate in “interscholastic or intramural athletic activities” by creating new “biological participation requirements” based on new interpretations of sex and gender; and (3) Legislation that would limit the ability of Asheville’s residents to access medical care, especially reproductive healthcare and gender-affirming healthcare, by reducing access to funding and criminalizing procedures; and WHEREAS, access to safe, affirming spaces and gender-affirming healthcare is critical for the mental and physical health of LGBTQIA+ people and teens in particular, who are four times more likely to consider suicide than their cisgender and heterosexual peers; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASHEVILLE THAT: The Asheville City Council hereby reaffirms support of Asheville’s LGBTQIA+ community, and that we celebrate LGBTQIA+ culture as part of the vibrancy of our city including, but not limited to, Pride celebrations, drag performances and LGBTQIA+ inclusion in every aspect of civic life, and that we condemn all violence, hatred, and discrimination against LGBTQIA+ people; LGBTQIA+ spaces, and LGBTQIA+ events; that we stand in opposition to all legislation that erodes the safety, health, civil rights, and/or bodily autonomy of LGBTQIA+ people; and that we will commit to using all of the tools at our disposal to shield our residents from the harmful impacts of such legislation.” George Swan was grateful for the City’s support of the LGBTQAI+ community, but there is much more work to be done. Jonathan Wainscott spoke about transgender athletes. Councilwoman Roney said that we have been working towards a resolution reaffirming LGBTQAI+ rights in our community and appreciated the specific inclusion of our youth and for live performances including drag performances. This is not only a matter of art and culture, but also an economic impact. In the face of such intense legislation in our county, now is the time to stand up for our youth. She said that the resolutions are a value statement but we have a lot of work to do in our community to make it safe for those who live and work here.. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.

City Manager Campbell said that tonight will be the final step in the budget process that started (1) For staff in September with internal discussions; (2) With Council in December of 2022 with a discussion of the Capital Budget; (3) January

• May, We provided numerous and early opportunities for public comment, that included an online survey and two public comment sessions starting in February and the required public hearing being held last Month; and (4) Also since January, Council has had 4 Budget workshops. She believed we can say we have had a pretty thorough budget process and hopefully you are ready to adopt the Manager’s Proposed Fiscal Year 2023-2024 Budget. She thanked our incredibly hard working staff. As you know, the Budget process takes a village with input provided by staff in all of our City Departments. She especially acknowledged and thanked staff in our Finance and Management Department, Finance Director Tony McDowell, staff in the Budget Division, led by Taylor Floyd, and our budget analysts- Heather Curry, Abigail Riley and Liz Greene for their patience throughout this process. And, she wanted to thank Mayor Manheimer and City Council Council for your service to this great City and for your time, for the input and guidance you have provided throughout this process. And last but certainly not least, she thanked community members who provided their input. In summary, the Proposed Budget totals approximately $240 million: (1) Recommends no change to the current property tax rate; (2) Includes employee compensation adjustments that reflect inflation in the labor market and local cost of living increases including a 5% salary increase for existing employees (6% for sworn police officers); (3) Continues funding core community services in a time of rising costs and provides additional investments in key core service areas in alignment with Council priorities; and (4) Strategically utilizes fund balance to advance Council’s priorities and balance the budget. As was discussed at your agenda briefing, staff would like to add one additional item to the proposed budget that wasn’t presented last month (1) What: North Carolina Advanced Firefighter Certification 5.0% Incentive Pay; (2) Rationale: This was a request from the AFD but wasn’t recommended in the initial proposed budget. A similar request was also requested and recommended for the Asheville Police Department. The addition of this incentive pay will hopefully strengthen our competitive edge in terms of recruiting and retaining public safety employees. The incentive pay encourages employees to further educate themselves which will result in a more skilled and highly trained workforce for the City of Asheville; (3) Estimated Annual Cost: Approximately $250,000; (4) Funding Strategy: Source of funds would be an Additional Fund Balance Appropriation which would leave approximately 16% available above your 15% policy; and (5) Additional Compensation Consideration: We believe this type of incentive pay is beneficial not only for public safety employees but also for trades and labor positions. In the next budget cycle we will be aggressively pursuing these types of opportunities outside of the public safety plans. She wanted to send a clear message to our existing and potential employees that they can have a career with us and not just a job. Part of that process is what we are calling a Career Ladder plan which sends a clear path of upward mobility to our employees. As your training and skills are upgraded, your pay will be upgraded as well. She strongly believes that the best recruitment strategy is a good retention strategy. We think this is a good retention and recruitment strategy both for the Asheville Fire Department, Asheville Police Department, but also those in labor and trade positions. Staff Report: “ Actions Requested: (1) Adoption of an ordinance adopting the Fiscal Year 2023-24 Annual Budget; (2) Motion to recuse Mayor Manheimer from voting on the budget amendment in accordance with N.C. Session Law 2021-191 (S.B. 473) (Economic Development Coalition); (3) Adoption of a Fiscal Year 2023-24 budget amendment in the amount of $100,000 in the General Fund to allocate budget from City Manager’s Contingency to fund the City’s annual contribution to nonprofits with which members of council are associated (Economic Development Coalition); (4) Motion to recuse Councilwoman Turner from voting on the budget amendment in accordance with N.C. Session Law 2021-191 (S.B. 473) (Sports Commission); and (5) Adoption of a Fiscal Year 2023-24 budget amendment in the amount of $45,000 in the General Fund to allocate budget from City Manager’s Contingency to fund the City’s annual contribution to nonprofits with which members of council are associated (Sports Commission).

Background:

• The Fiscal Year (FY) 2023-24 Proposed Annual Operating Budget was presented to City Council on May 9, 2023.
• In accordance with the North Carolina Local Government Budget and Fiscal Control Act, a summary of the Proposed Budget along with a notice of the Public Hearing was published on May 9, 2023.
• The Proposed Budget, which totals $239.7 million: is a balanced and fiscally responsible spending plan that:
• Recommends no change to the current property tax rate of $0.403 per $100 of assessed valuation;
• Includes employee compensation adjustments that reflect inflation in the labor market and local cost of living increases including a 5% salary increase for existing employees (6% for sworn police officers).
• Continues funding core community services in a time of rising costs and provides additional investments in key core service areas in alignment with Council priorities;
• Strategically utilizes fund balance to advance Council’s priorities and balance the budget.
• City Council conducted a Public Hearing on the Proposed Budget on May 23, 2023.
• One adjustment to the Proposed Budget is included in the budget ordinance under consideration
• adding a 5.0% pay for firefighters achieving advanced firefighter certification at an approximate cost of $250,000 to encourage and incentive advanced training resulting in a more skilled labor force. This change is funded through an additional appropriation of fund balance.
• Under N.C. Session Law 2021-191 (S.B. 473), Councilmembers are prohibited (subject to certain exceptions) from participating in making or administering a contract, including the award of money, with any nonprofit with which the public official is associated.
• In accordance with this law, funding that was included in the Proposed Budget for the Economic Development Coalition and the Sports Commission has been moved to City Manager’s Contingency.
• City Council must take separate actions via the budget amendments to allocate funding to the Economic Development Coalition and the Sports Commission. Committee(s):
• N/A Pro(s):
• Ensures City’s compliance with North Carolina General Statutes that require local governments to adopt a balanced budget ordinance by July 1 of each year.
• General Fund and Enterprise Fund budgets are balanced for ongoing operating expenses, and all essential City services are continued. Con(s):

None Fiscal Impact:

• As noted above, the FY 2023-24 General Fund budget is balanced and recommends no change to the current property tax rate of $0.403 per $100 of assessed valuation.” Mayor Manheimer said that the public hearing on this was held on May 23, 2023. Councilwoman Roney felt it would be good in the future to know how much extra we would have in our Fund Balance before making the one-time allocations. Councilwoman Roney said that “Budgets are moral documents that fund our public services and represent our community values through allocation of our public tax dollars. This is my 8th budget cycle, 5 years from the audience, where I often didn’t hear reasons behind budget votes. Tonight, it is both a privilege and responsibility to make a statement on my budget position: (1) Starting with gratitude: thanks to neighbors who engaged through the process, including surveys, public hearings, and the additional comment period. Thanks to our Urban Forestry Commission and advocates for recommending partnership to fund and implement an Urban Forestry Master Plan to repair our tree canopy. Thanks to those pushing us to send the right responder with the right tools and training as we partner and work to expand emergency and proactive responses during public safety crises. Thanks for living wage advocates; (2) This budget includes Transit Study funding to explore collaboration between the City and County for coordination and expansion, and Urban Forestry Master Plan, and Reparations funding that I understand reflects the Community Reparations Committee recommendation with inclusion of compounding interest thanks to retreat input and recommendation by Councilwoman Moseley. The budget also includes shift and training incentives for public works and public safety staff; (3) This budget does not include: the full $20.10 living wage compliance based on the cost of housing to recruit and retain staff for the quality, equitable services our community deserves, and there’s more funding needed for our stated climate crisis and for Strategic Partnership Funds for youth programming; (4) There is serious work ahead to meet obligations and address gaps in our public safety response. I am thankful for the conversation about our strategic priorities in the worksession before this meeting that is archived on the city’s website. As our community recovers from overlapping crises, my number one objective is supporting partnership to improve public safety and wellbeing. This looks like addressing root causes of violence by expanding our public safety response so behavioral health specialists are deployed to behavioral health crises, partnering for violence interruption programming, moving our community responder pilot to a fully-realized program as well as addressing root causes of crime by investing in community safety. I think a great first step forward doesn’t require imagining, it requires acting on bolstering partnership with the County’s Community Paramedicine Program to address deep needs addressing substance use poisoning, and mental and behavioral health since health and human services are roles and responsibilities of the County. If we limit investment in a strong, reliable public safety system moving forward by focusing solely on attempting to go back to a business as usual model, then we will miss the opportunity to shift to data-driven options that are available when the community needs us to pivot to meet this moment; (5) How we fund the budget matters. A significant amount of fund balance is being used as well as some ARPA/COVID-relief funds, which means identifying funding for future budgets will be a challenge; and (6) Lastly, We’re having hard conversations in City Hall because our community is having hard conversations, I’m going to support the seeds that are in this budget including transit, urban forestry to address climate crisis and neighborhood resiliency, a growing reparations fund, and the community responder pilot program. I’m committed to the work to ensure quality, equitable service outcomes with this Council of caring and capable colleagues, and I’m encouraged in this work because I know our neighbors care and demand better.” Councilwoman Mosley thanked the City Manager for the inclusion of the North Carolina Advanced Firefighter Certification 5.0% Incentive Pay. She also appreciated the comments made by Councilwoman Roney and hoped we ask the City Manager to look into everything she mentioned so we might possibly amend the budget in the future. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read. When Councilwoman Turner inadvertently omitted that she had a conflict in accordance with N.C. Session Law 2021-191 (S.B. 473) (Asheville Downtown Association), City Attorney Branham suggested that she be recused from voting on all the budget adoption items presented at this meeting.

Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the African American Heritage Commission. The term of Ashley Wilberding will expire on July 1, 2023. The following individuals applied for the vacancy: TiffanyFlunory DeBellott, Karon D. Johnson, Paul Tay and ShaLinda Pruitt. It was the consensus of the Boards & Commissions Committee concur, to appoint ShaLinda Pruitt..

Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Airport Authority. The term of Susan Russo Klein will expire on June 30, 2023. The following individuals applied for the vacancy: David Smith, Wayne Bailey, Paul Tay, Sandra Frempong, Bryan Sklar, Tal Frankfurt and Robert Sponder. The Chair and Airport President and CEO recommended, and the Boards & Commissions Committee concurred, to reappoint Susan Russo Klein.

Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Buncombe County Tourism Development Authority. The term of Andrew Celwyn (representing an owner of restaurant, brewery, distillery, or winery open for tours/tasing, or executive director of ticketed arts organization) expires on August 31, 2023. The following individuals applied for the vacancy: Lucious Wilson, James Donaldson, Mindi McGlynn and Steven Goff. The Chair of the Buncombe County Tourism Development Authority recommended, and the Boards & Commissions Committee concur, to appoint Lucious Wilson. Councilwoman Roney said that all applicants were great and she would have preferred to interview for our state and judicial boards; however, she was excited to support Mr. Wilson.

Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Civic Center Commission. The terms of Corey Atkins, John Ellis and Chad Evans, as members on the Civic Center Commission, expire on June 30, 2023. No one applied for the vacancies. The Chair and staff liaison of the Civic Center Commission recommended, and the Boards & Commissions Committee concurred, to appoint John Ellis and Chad Evans and re-advertise for the third vacant seat.

Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Historic Resources Commission. The terms of Emily Spreng and Will Hornaday, as members on the Historic Resources Commission, expire on July 1, 2023. The following individual applied for the vacancies: Claire Thomas. The staff of the Historic Resources Commission recommend, and the Boards & Commissions Committee concur, to reappoint Will Hornaday and appoint Claire Thomas..

Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Human Relations Commission. The terms of Daniel Young, Crystal Michelle Reid, Ellen Kathrein, Donald Post, Tanya Rodriguez and DeLores Venable expired on June 1, 2023. In addition, Brandon Oliver resigned, thus leaving an unexpired term until June 1, 2024. The following individuals applied for the vacancy: Diamond Sloan Couch (applicant withdrew her name), Babette Freund, Susan Ann Sacco, Candace Blanchard, David Shaw, John Miall, Robyn Hite, Andy Bobowski and Willa Grant. It was noted that the membership was reduced from 15 to 9 members, so while there are seven vacancies, Council needs only to fill six seats for the nine member board. The Chair of the Human Relations Commission recommends, and the Boards & Commissions Committee concur, to (1) reappoint Daniel Young, Crystal Michelle Reid, Ellen Kathrein and Donald Post; and (2) appoint Susan Ann Sacco and Willa Grant. After discussion,

Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Multimodal Transportation Commission. The terms of Dennis Wencel and Jack Ingelman (all at-large representatives) expire on July 1, 2023. In addition, Patricia Katz resigned as an at-large representative), thus leaving an unexpired term until July 1, 2023. The following individuals applied for the vacancy: Abigail Griffin, Lance Ball, Shelley McKechnie, Tom Hunter, Marian Ladner, Joseph Barker, Scott Lewandowski, Jerad Crave, Brendan Connor, Jaik Smith, Prabhu Kannan, Jonathan Robinson, Victoria Whitley, Nathan Weber,, Paul Tay, Mike Zukoski, Ashley Greenstein and Benjamin Stover. The Multimodal Transportation Commission recommends, and the Boards & Commissions Committee concur, to reappoint Jack Ingelman and appoint Joseph Barker and Mike Zukoski.

Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Neighborhood Advisory Committee. The terms of Sharon Sumrall (28805), Wendy Haner (28804) and Peter Abzug (at-large) expire on July 1, 2023. The following individuals applied for the vacancies: Dane Barrager, Sandra Frempond and Jo Taylor. The Boards & Commissions Committee recommend appointing Dane Barrager (at-large representative), Joe Taylor (28804 representative) and Sandra Frempond (28805 representative).

Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Public Art & Cultural Commission. The terms of Andrew Fletcher, Katie Cornel, Pete Perez, Marsha Almodovar, Shirley Walker Whitesides and Pat Kappes, as members on the Public Art & Cultural Commission, expire on June 30, 2023. The following individuals applied for the vacancies: Carlos A. Fernandez, Kurt Perschke, Parker Browne, Thomas McLaughlin, Paul Tay and Kevin King. The Chair and staff of the Public Art & Cultural Commission recommended, and the Boards & Commissions Committee concur, to reappoint Pete Perez, Shirley Walker Whitesides and Pat Kapes; and to re-advertise for the other three vacant seats.