City Council regular meeting — August 22, 2023

Background:

• The HIDTA program aims to reduce drug trafficking and production; the Asheville HIDTA focuses on trafficking, manufacturing and distribution cases, not simple possession.
• The Asheville Police Department acts only as fiduciary and requests 100% federal reimbursement; the Asheville HIDTA (DEA, one APD officer, and WNC Sheriff's Office members) is the direct beneficiary.
• Grant funds are used for overtime, travel, services and supplies. Committee(s):
• Environment & Safety Committee
• 07/25/2023; 3-0 to move forward to Council.

Fiscal Impact:

• Grant of $154,638.00 with a budget amendment in the Special Revenue Fund; no matching funds required.

Background:

• Application for the 2024 HIDTA grant on behalf of the Asheville HIDTA branch; the Asheville Police Department acts only as fiduciary and requests 100% federal reimbursement.
• Grant funds are used for overtime, travel, services and supplies. Committee(s):
• Environment & Safety Committee
• 07/25/2023; 3-0 to move forward to Council.

Fiscal Impact:

• Grant of $154,638.00; no matching funds required.

Background:

• Recent federal court decisions (City of Austin v. Reagan; Reed v. Town of Gilbert) require updates to the City's solicitation ordinances, Sec. 11-5 and 11-14, most not updated in over two decades.
• Technical amendments clarify existing rules: remove the word "immediately", add a family and acquaintances exception, define solicitation distance restrictions (8 ft.), clarify restrictions at outdoor dining areas, and restate roadside solicitation rules from NCGS 20-175.
• The amendments add no new regulation or penalties; substantive amendments ("High Traffic Zones", vehicular donations) to come later. Committee(s):
• Environment and Safety Committee
• July 25, 2023
• 3-0 to move forward.

Fiscal Impact:

• None.

Background:

• Contract with McAdams in the amount of $220,000 for planning services to prepare the Downtown Patton Avenue Corridor & Feasibility Study.
• On January 11, 2022, Council approved Resolution 22-1 authorizing a $350,000 grant application with a 20% match; the FBRMPO awarded $176,000 for a project total of $220,000 with a 20% City match ($44,000).
• The study will create a vision for the Patton Avenue corridor east of the Captain Bowen Bridge given the I-26 design, identifying multimodal transportation and placemaking improvements (sidewalks, bike lanes, greenways, public spaces, transit).
• McAdams was selected through a Request for Letters of Interest process following state procurement guidelines.

Fiscal Impact:

• A September 27, 2022 budget amendment established a budget in excess of the award; budget authority will be reduced to the proper total ($220,000).
• The $44,000 local match was identified in the FY 2022-23 General Fund operating budget.

Background:

• Heavy rains in July 2022 caused slope failures on Bent Tree and Crestwood Roads; Public Works made temporary repairs but a permanent solution is required.
• ECS Southeast, LLP produced repair designs; plans were provided May 30, 2023 and the contract advertised June 6, 2023.
• Four bids received: B.H. Graning Landscapes, Inc. of Sylva, NC $819,124.65; Tennoca Construction Company $842,394.00; TAG Contracting Inc. $892,007.00; Southeast Select Civil Construction, LLC $963,380.00.
• The asphalt milling and paving subcontractor (JLS Company, LLC of Arden) is a woman-owned business (3.3% of the contract).

Fiscal Impact:

• $819,124.65 plus a 20% contingency of $163,825.35 for a project total of $982,950.00.
• Funded from savings from planned street resurfacing work and remaining FY23 CIP contingency in the General Capital Projects Fund.

Background:

• The City owns and operates two Labrie automated side-loading garbage trucks used by the Sanitation Division.
• Joe Johnson Equipment is the only OEM distributor authorized to sell new equipment and parts and provide warranty and repair service for Labrie refuse trucks in the area (sole source procurement).
• Use of OEM parts is recommended to maintain the equipment to manufacturer standards.

Fiscal Impact:

• Staff estimates $60,000 will be spent in the current fiscal year, available in the Public Works Department operating budget.

Background:

• On November 8, 2016, voters approved a $74 million GO Bond referendum: $32 million Transportation, $25 million Affordable Housing, $17 million Parks and Recreation.
• To date approximately $39.1 million of the $49 million Public Improvement Bonds and approximately $8.1 million of the $25 million Housing Bonds have been issued.
• Bonds must be issued within seven years after the bond order takes effect (NCGS 159-64); the Local Government Commission will sell the 2023 Bonds through a competitive sale on September 26, 2023.

Fiscal Impact:

• In June 2017, Council approved a 3.5 cent property tax increase to fund the GO Bond debt service.
• Debt service is already included in the multi-year CIP/Debt Financial Model.

Background:

• Buncombe County bills and collects City property taxes under a 2019 agreement valid through June 30, 2025.
• UNC School of Government legal staff encouraged local governments to review tax collection agreements for conformity with Chapter 105; City and County staff recommended the addendum.
• Under NCGS 105-373 and 105-321, Council must approve the annual settlement and adopt an Order of Collection for the current fiscal year.
• The resolution appoints the Finance Director as Municipal Tax Collector.

Fiscal Impact:

• No direct fiscal impact; the City will pay the County a flat fee of approximately $899,000 in FY2024 for tax collection, escalating 2.5% annually.

Background:

• GE owns taxable tangible personal property at 401 Sweeten Creek Industrial Park; GE and affiliates GE Capital and GE Industrial each paid taxes on property they listed in 2019 and 2020.
• In July 2023, GE Healthcare Finance Services, LLC requested a refund, arguing the taxes should have been paid once instead of three times.
• Under NCGS 105-381 a refund may only be granted for clerical error, an illegal tax, or a tax levied for an illegal purpose; none applies, so the City Attorney's Office (with the County Attorney and County Tax Collector) recommended denial.

Fiscal Impact:

• The two years of requested refund amount to $227,007 in taxes collected by the City.

Background:

• N.C. Gen. Stat. sec. 18B-300(c) and City Code Section 11-11 allow Council to make provision by resolution for possession of malt beverages and/or unfortified wine at special events.
• Events, all at Pack Square Park: Symphony in the Park (Asheville Symphony Society) August 27 & 28, 2023; Chow Chow Food & Culture Festival September 8-10, 2023; Blue Ridge Pride Festival (Blue Ridge Pride Center) September 30, 2023; Asheville Oktoberfest (Asheville Downtown Association) October 7, 2023; Asheville Veganfest (Triangle Vegfest) October 8, 2023; Lovely Asheville Fall Festival (Asheville Creative Arts) October 14-15, 2023; Surreal Sirkus Arts Festival (Arts2People) October 28, 2023.
• Allows fundraising opportunities for the sponsoring nonprofits.

Fiscal Impact:

• Requires no City resources and has no fiscal impact.

Background:

• 1.23-acre vacant site at 339, 343 and 357 W. Haywood St. in the WECAN neighborhood, owned by West Haywood Street Apartments LLC and BHH Asheville LLC; amends Ord. No. 4935 (February 22, 2022) and adds 339 W. Haywood St.
• Rezoning from CBI and CBII-CZ to CBII-CZ; units reduced from 46 to 41 and height from 4-5 stories to 3-4 stories.
• All 41 units affordable at or below 80% AMI in perpetuity, with 21 units (50%) reserved for Housing Choice Vouchers; 33 parking spaces; 19% open space.
• Technical modifications: maximum building size of 50,000 s.f. (45,000 s.f. allowed) and no loading berths where two are required.
• City support includes a $1.3M grant for land purchase (Affordable Housing Bond funds) and a $904,000 Housing Trust Fund loan. Committee(s):
• Technical Review Committee
• July 17, 2023
• approved with conditions.
• Planning & Zoning Commission
• August 2, 2023
• approved 4-0 with a condition deleting Project Condition #12 (maximum post-impervious area).

Background:

• The Bike/Safe NC program, a partnership of the Governor's Highway Safety Program and the NC State Highway Patrol, aims to reduce motorcycle fatalities.
• Grant funds promote awareness through motorcycle dealers, clubs and associations and training opportunities; the Asheville Police Department acts as fiduciary. Committee(s):
• Environment & Safety Committee
• 07/25/2023; 3-0 to move forward to Council.

Fiscal Impact:

• $5,000 grant with no local match; budget amendment of $5,000 in the Special Revenue Fund.

Background:

• Donation of 18 Motorola APX radios removed from deadlined APD cars and not compatible with APD's radio management system.
• Donation will enhance the capacity of a nearby law enforcement agency.

Fiscal Impact:

• The radios might have nominal surplus resale value (estimated $300 each, $5,400 total).

Background:

• North Carolina's Mutual Aid System is a voluntary agreement among local governments to share emergency response resources during a disaster; developed after Hurricane Fran in 1996.
• All 100 counties, the Eastern Band of Cherokee Indians and nearly three-fourths of the 650 municipalities have signed.
• Participation provides access to the State's response capabilities and faster FEMA reimbursement. Committee(s):
• Environment & Safety Committee
• to be reviewed August 22, 2023.

Fiscal Impact:

• No City resources or fiscal impact; activation may use City personnel and resources, costs that are generally reimbursed.

Background:

• Responder Support Services provides embedded behavioral health support to the Fire and Police Departments four days per week each; utilization has steadily increased.
• An RFP to continue the services will not be complete by the current contract's end; the amendment extends the contract through October 31, 2023.

Fiscal Impact:

• Additional $60,000, for a total of $516,000 over the three-year contract, funded from the FY 2024 Health Insurance Fund operating budget.

Background:

• City staff worked with Buncombe County on a new intergovernmental agreement, a cost allocation model for the Public Safety Interoperability Partnership (PSIP), and Service Level Agreements.
• The agreement creates a Public Safety Executive Committee with City representation from Police, Fire and IT Services; initial one-year term with automatic one-year renewals.
• The SLA sets service expectations from the County IT Department for PSIP applications.

Fiscal Impact:

• Funded annually in the Police Department operating budget; the County estimates the City's FY2023-24 share of PSIP and Centralized Data Entry costs at $947,470 (approved in a separate consent item).

Background:

• The PSIP/CDE information system and the ID Bureau are operated as County services under interlocal agreements; the City pays 50% of the ID Bureau and 45% of CDE costs, and about 31% of PSIP for FY2023-24 under the new agreement.
• The change orders allow staff to encumber the amounts; the County bills quarterly based on actual expenses.

Fiscal Impact:

• Change order of $947,470 for PSIP/CDE and $582,280 for the County ID Bureau, funded in the Non-Departmental and Police Department operating budgets.

Background:

• Vanderbilt (TC2) Senior Housing Limited Partnership requested the Housing Authority issue up to $18,000,000 in multifamily housing revenue bonds to acquire and rehabilitate Vanderbilt Apartments, a 123-unit affordable senior rental development at 75 Haywood Street (42 studios, 81 one-bedroom units).
• 62 units remain restricted to households at or below 50% AMI and 61 units at or below 60% AMI; new affordability period of at least 30 years.
• National Church Residences is developer and manager; construction scheduled November 2023 to November 2024.
• IRS rules require Council approval of the financing plan following a public hearing; approval does not obligate the City for the bonds.

Fiscal Impact:

• Requires no City resources and has no fiscal impact.

Background:

• The N.C. ABC Commission (G.S. 18B-700(g)(2)) requires local ABC boards to obtain annual approval of board travel policies from their appointing authorities.
• The ABC Board approved its current policy January 26, 2016; in 2022 it incorporated changes in the City's Travel Policy and made no changes to the current policy.

Background:

• In October 2021 Council approved a $296,000 pre-development grant to Haywood Street Community Development (HSCD); in February 2022 Council approved funding for about 45 affordable apartments at 343 & 357 West Haywood Street.
• HSCD added 339 West Haywood Street and redesigned the project with a lower building, reducing units from 45 to 41.
• Revised proposal: all 41 units restricted to 80% AMI and below; 21 units (50%) deed-restricted for voucher holders, with intent to lease 37 units (90%) to voucher holders.
• HSCD's updated project budget is $12,042,715, including $7,818,520 estimated for construction; other funding includes $749,000 from Buncombe County and $2,000,000 from Dogwood Health Trust. Committee(s):
• Housing and Community Development Committee
• August 21, 2023.

Fiscal Impact:

• No additional resources; the $904,000 Housing Trust Fund loan and its terms are unchanged.
• Subsidy per unit rises from $55,556 to $60,976.

Background:

• The last performance period under the Strategic Event Partnership program was January 1, 2017
• December 31, 2019; recommendations for 2020-2022 were never brought forward due to legal limitations on a preferential program involving public space.
• The program provided in-kind support and fee waivers beyond the 75% non-profit discount; the 75% discount continues.
• Five holiday events (Juneteenth, Independence Day, Holiday Parade, Memorial Day, Veterans Day) continue under contract as official City productions. Committee(s):
• Policy, Finance & Human Resources Committee
• June 27, 2023
• unanimous recommendation.
• Planning & Economic Development Committee
• July 10, 2023
• unanimous recommendation.

Fiscal Impact:

• Holiday events $56,500 plus in-kind support per year (included in the FY 23-24 department budget).

Background:

• Replaces the Strategic Event Partnership Program with a City-funded grant program, administered by the Asheville Area Arts Council, to reimburse eligible non-profit arts-related events in outdoor public spaces for City fees and charges (N.C.G.S. 160A-488).
• Former partner events (Downtown After 5, Pritchard Park Programs, Shindig on the Green, Goombay Festival, LEAF Downtown) may apply.

Fiscal Impact:

• Base amount of $69,104/year with a 10% contingency of $6,910 (not to exceed $76,014 annually, $228,042 over three years).

Background:

• The Asheville City Market, produced by the Appalachian Sustainable Agriculture Project, is eligible for City support under N.C.G.S. 106-736(b), consistent with the Food Policy Action Plan (Resolution No. 17-257) and Municipal Climate Action Plan (Resolution No. 23-70).

Fiscal Impact:

• Three-year agreement for 2024-2026 at a limited value of $30,000 in-kind per year.

Background:

• Ordinance 4390 (July 27, 2021) comprehensively revised the noise ordinance; Section 10-85(2) prohibits amplified sound near schools and medical providers.
• Section 10-85(2) was challenged in federal court by an individual protesting outside a reproductive healthcare provider; the Western District of North Carolina found aspects ambiguous and that they could be more narrowly tailored.
• The amendments clarify existing standards without changing substantive standards.

Fiscal Impact:

• None.

Background:

• The terms of Joe Archinbald, Kimberly Levi and Robert Frances Hoke expired August 14, 2023; Kelsey Simmons resigned, leaving an unexpired term until August 14, 2024.
• The Boards & Commissions Committee recommended holding one or two seats open and re-advertising to reach a more diverse applicant pool.

Background:

• Applicants: Paul Tay, Scott Lewandowski, Susan Bean, David Moritz, Byron Greiner and Andrew Fletcher (Trent Hall withdrew).
• Ballot: Susan Bean 4 votes, Byron Greiner 2 votes, Andrew Fletcher 1 vote, others none.
• By consensus, Council held two positions open and re-advertised, with appointments expected in October.