City Council regular meeting — November 14, 2023

ONE-YEAR OPTIONS TO RENEW) WITH sCUBE INC. TO IMPLEMENT THE DEPARTMENT OF DEVELOPMENT SERVICES CLARITI PERMITTING PLATFORM REPLACEMENT SOFTWARE Background:

• DSD requests funding to procure an end-to-end software as a service (SaaS) platform to replace the current Accela platform and fully digitize permitting, inspections and code enforcement processes.
• The new platform will increase permitting efficiency and improve access to development project information for community members and development professionals.
• DSD facilitated a comprehensive evaluation process that included internal and external organizational stakeholders to select sCube, Inc. to implement the web-based Clariti permitting platform.
• DSD selected sCube Inc. to implement the Clariti platform based on evaluation rubric, on-site product demonstration and reference check performance.

Vendor Outreach Efforts:

• DSD worked with the Purchasing Division to develop the RFP, which included MWBE contracting criteria and followed the City’s business inclusion (ABI) processes.
• Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services.
• DSD and Purchasing co-hosted a pre-bid meeting for interested vendors to review ABI criteria.
• DSD received ten bids total, but disqualified three for not meeting ABI criteria.
• One bidder identified as a Disadvantaged, Woman or Minority Business Owner.
• The selected vendor sCube Inc. is not a minority vendor; however, they will make Good Faith Efforts to utilize minority suppliers where possible. Committee(s): N/A Pro(s):
• Supports digital processing needs, improves permitting efficiency, enhances community access to information and replaces existing end-of-life software. Con(s):
• None.

Fiscal Impact:

• Funding for the term of this contract will be funded from the Development Services Development Technology Fund.
• The contract will be funded utilizing revenues from the 4% technology fee applied to most development fees.
• The contract will operate on a one-year term with four one-year options to renew.

Background:

• A section of roadway slope failed as a result of Tropical Storm Fred. Temporary repairs have been made, permanent repairs are funded through the Capital Improvement Program.
• The City has obtained easements from all but one property owner whose properties would be impacted by the project.
• All property owners were provided with offers of financial compensation for the needed easements, based on assessed value or appraisals.
• This project permanently repairs the roadway slope of Vance Gap Road Committee(s):
• None Pro(s):
• Will facilitate the completion of a needed slide repair project, and safeguard the project schedule. Con(s):
• Will result in the commencement of eminent domain actions against one property owner.

Fiscal Impact:

• Funding for the required easements, estimated at $8,000, was previously budgeted and is available in the General Capital Projects Fund.

Background:

• The City owns and operates three Vacuum Suction Trucks equipped with Vac-Con Equipment.
• City of Asheville Unit# 1437 requires replacement of the Vacuum Compressor Assembly.
• Vacuum components are manufactured by Vac-Con and are only available through authorized dealers.
• Southern Vac is the only distributor authorized to sell new equipment and parts, and provide warranty and repair services for Vac-Con Components in our geographic area.
• Use of OEM (original equipment manufacturer) parts is recommended to maintain the equipment up to the manufacturer’s warranty standards.
• Manufacturer warranty varies based on type of equipment as well as type of product or service provided.
• Warranty terms are provided at time of purchase.

Vendor Outreach Efforts:

• This is an exception to the competitive bidding process to allow procurement from the sole distributor authorized to sell OEM parts. Committee(s):
• None Pro(s):
• This resolution will allow the Fleet Division to efficiently purchase the parts required to repair and maintain the City’s existing Vac-Con equipped Vacuum Suction Trucks
• City of Asheville Unit# 1437 will be repaired and returned to service.
• This will assist in allowing the City to meet obligations of a federally mandated stormwater permit. Con(s):
• None

Fiscal Impact:

• Funding for these purchases, estimated at $60,000, is available in the Public Works Department operating budget.

Background:

• The City of Asheville owns a water system booster pump station asset, known as the East Asheville Booster Pump Station or EABPS.
• The East Asheville Booster Pump Station has been non-operational since approximately 2010 and is currently considered decommissioned.
• A large-scale water system outage occurred at the end of December 2022 and beginning of January 2023 that impacted Asheville’s Water Resources service area.
• As a result of the water outage, Asheville City Council voted to form a Water Outage Independent Review Committee whose task would be to analyze the event and make recommendations for water system improvements, which would reduce the risk of future large-scale outages.
• One of the recommendations from this committee was to conduct an evaluation of the East Asheville Booster Pump Station for the purpose of producing a Preliminary Engineering Report (PER), detailing what will be needed to refurbish the East Asheville Booster Pump Station and return it to useful service for system redundancy.
• The authorization and execution of this professional services contract for the development of the PER will fulfill the Water Outage Independent Review Committee’s recommendation.
• The Water Resources Department has prioritized this water system analysis project for the current fiscal year and is seeking engineering services for the project.
• This project will become part of the Water Resources Department’s ongoing Capital Improvement Program.

Vendor Outreach Efforts:

• Through a qualifications based selection process beginning in February of 2020, the City of Asheville selected several consulting firms to provide on-call professional services for General Services Projects.
• Hazen and Sawyer was one of the selected firms due to their expertise in areas of master planning, hydraulic modeling, water system analysis, pump stations, pump system controls and on staff expertise in electrical and mechanical systems.
• The City of Asheville entered into a master agreement with Hazen and Sawyer on September 28, 2020 for on-call professional services for General Services valid for three years with the option to renew for two additional years.
• The City of Asheville renewed the master agreement with Hazen and Sawyer on September 28, 2023 for an additional year.
• If approved, the proposed engineering services described here within will be developed into a subcontract under the conditions of the master agreement.
• City of Asheville Water Resources Staff determined that utilizing the on-call professional services for General Services was the best method to deliver this project in the recommended time frame and that Hazen and Sawyer is specifically qualified to provide the required engineering services.
• No other vendor outreach was performed. Committee(s):
• None. Pro(s):
• This project is aligned with the City and the Water Resources Department goal of continued investment and improvement of the City’s water system through Capital Improvement Projects, in order to provide safe and reliable service.
• Hazen and Sawyer have successfully provided engineering services for other water system improvement projects.
• Their experience with the Asheville water system and expertise in water distribution projects will lead to a reliable assessment of the feasibility of recommissioning this facility. Con(s):
• Failure to award an engineering services contract would prevent the Water Resources Department from making an informed decision about the future of this facility.

Fiscal Impact:

• Funding for this contract is available in the Water Resources Capital Projects Fund.

Background:

• The City annually budgets for the purchase of necessary vehicles and equipment and typically finances these purchases through an installment loan program.
• The Covid-19 pandemic and supply chain issues have slowed the purchase and delivery of new vehicles and equipment over the last several years.
• As a result, the City has cash funded some purchases and delayed entering into any new installment loans; with the last installment loan being approved by City Council in June 2020.
• As the pace of vehicle and equipment expenditures has returned to a more normal level, the City moved ahead in October with a Request for Proposal (RFP) seeking competitive bids for a new installment loan financing totaling $8,300,000.
• Six proposals were received and reviewed.
• The most favorable proposal was submitted by TD Equipment Finance at interest rates not to exceed 4.30% per annum.
• Most of the expenses associated with this loan have already been incurred, and the proceeds will be used to reimburse the City for those expenses. Pro(s):
• Provides funding of capital expenditures at a favorable interest rate.
• Spreads capital costs over the purchased asset life. Con(s):
• Increases the lifetime cost of acquisition through interest and cost of debt issuance expenses.

Fiscal Impact:

• Debt service payments on this loan are already accounted for in the City’s multi-year Capital Improvement (CIP) and Debt model.

Background:

• North Carolina General Statute § 160A-299 grants cities the authority to permanently close streets and alleys.
• The statute requires City Council to consider whether the closure of the right of way has a negative impact to the public interest and whether the closure would impede access to parcels, utilities, and other public infrastructure.
• Mr. Jeremy Cohen (owner of 158 Sulphur Springs Road) wishes to permanently close an unopened right-of-way that runs roughly north-south between Sulphur Springs Road and Lane Avenue between the following properties:
• 158 Sulphur Springs Road (Applicant)
• 160 Sulphur Springs Road
• 17 Lane Ave
• 23 Lane Ave
• All property owners abutting the unopened right-of-way have signed affidavits approving of the proposed closure.
• The Applicant has indicated that the purpose of the closure is to allow for the construction of additional housing units on the property.
• The City has not yet received a development application.
• If the Council approves the closure, the unopened right-of-way will be divided among the 4 properties and a new plat will be filed.
• The Technical Review Committee (TRC) reviewed the application at their meeting on July 17, 2023 and recommended that proposal move forward.
• As part of this review, staff determined that there are no utility conflicts present and that no viable transportation-related connection could be achieved using this right-of-way due to the topography.
• Additionally, there are other parallel transportation connections nearby therefore a connection using this right-of-way would have limited demand.
• Therefore, staff determined that there would be no negative public impact from its closure.
• Additionally, as part of the TRC review, it was noted that there was an unpermitted retaining wall within the unopened right-of-way adjacent to the residence at 23 Lane Avenue (not the applicant). Records indicate that the property was issued a stop work order in 2021.
• A permit could not be issued due to the wall having been constructed in the right-of-way.
• Approval of this right-of-way closure request would also bring the wall into compliance and a permit could be issued.
• The Multimodal Transportation Commission (MMTC) reviewed the request on August 23, 2023, and voted to recommend that the City Council deny the right-of-way closure request (5-2).
• The MMTC recommendation to deny the request was largely due to concerns regarding the presence of the unpermitted retaining wall at 23 Lane Avenue and the desire to have staff complete a comprehensive study of all unopened rights-of-way within the City to identify possible opportunities for transportation connections to be made, particularly for bicyclists, pedestrians, and people with disabilities.
• Staff advised the MMTC that the unpermitted wall would be brought into compliance if the right-of-way were closed and that the presence of the unpermitted wall did not seem to be within the scope of the factors that the City Council would consider, per statute, in deciding to close the right-of-way.
• Separately, staff advised the MMTC that a comprehensive review of all unopened rights-of-way within the City would be an extensive project that is not currently on staff's work program. Committee(s):
• Technical Review Committee, July 17, 2023, unanimously recommended approval.
• Multimodal Transportation Commission, August 23, 2023, recommended denial (5-2)
• see above. Pro(s):
• There are no utility conflicts, nor any transportation connectivity opportunities associated with this unopened right-of-way.
• The existing unpermitted retaining wall that was constructed within the unopened right-of-way would become compliant and a permit can be issued. Con(s):
• None.

Fiscal Impact:

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

Background:

• The NCDOT funds and manages an annual program that places recent university graduates with an interest in public transit within a city/transit agency for one year as a full-time, paid staff member.
• The City must apply for the program by December 1, 2023 to potentially be approved as a participant.
• If approved, NCDOT provides 90% of the funding for the salary and benefits of the apprentice; the City Transit Operations Fund would provide the remaining 10%.
• The total salary for the apprentice is determined by NCDOT at a rate of $49,920 + benefits/travel of $4,911 = a total cost of $54,904.The City’s total cost for hosting an apprentice will not exceed $5,491 (10%).
• The City has participated in this program several times over the last decade.
• The transit apprentice would work within the Transit Planning Division of the Transportation Department and would assist the division with ongoing work plan items related to transit service.
• The apprentice is also required by the NCDOT to prepare a research report at the end of the apprenticeship.
• If approved by NCDOT, the Transit Apprentice would begin work in early summer 2024.

Vendor Outreach Efforts:

• N/A Committee(s):
• None Pro(s):
• 90% of apprentice costs are covered by NCDOT.
• Provides support to the Transit Planning Division to assist in transit-related projects and programs. Con(s):
• The City provides 10% of the cost, not to exceed $5,491.

Fiscal Impact:

• If the grant is awarded, the City is required to provide 10% of the grant amount in matching funds (up to $5,491).
• Matching funds will be considered during the FY 2024-25 budget development process.

Background:

• The City 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 all of the eight subrecipients are complying with the requirements of the FTA funding.
• There have been numerous staffing transitions in the Transit Grant position 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.
• In order to allow for continued processing of grants, continue working with transit subrecipients, provide oversight and compliance monitoring, and provide training to new staff, the Transit Division issued an initial Request for Proposals (RFP) seeking qualified professionals with FTA grant experience to provide grant administration support and training to transit staff in early 2023.
• On June 13, 2023, Council adopted a resolution authorizing a contract with the consultant selected through the first RFP process.
• Unfortunately, following execution of the contract, the consultant could no longer provide the specialized staff that were needed for the project.
• Therefore, the City requested termination of the contract.
• This required that Transit staff re-issue the RFP and start the process over.
• Therefore, the second RFP was issued at the beginning of September. Proposals were due September 25th and six proposals were received, including one DBE firm.
• Based on the RFP scoring rubric, which ranked respondents based on experience and qualifications, project approach, and cost, HTG was selected by the selection committee and a one-year contract with options to renew for two additional years is proposed.
• The first year of the contract is proposed to be $124,600 for FY 24 and is budgeted in the Transit Operations Budget.

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 six proposals were received including one proposal from a certified DBE firm.
• A selection committee of staff from Finance, Budget, and Transit reviewed and ranked proposals, ultimately selecting Hendrickson Transportation Group (HTG).
• The selected contractor is not a MWBE/DBE firm. 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 first year of this contract is available in the Transit Services Division’s operating budget.
• Future years will be planned for during the annual budget development process.

Background:

• There is a need to provide around the clock security service at the City’s parking facilities, including four parking garages and 10 surface parking lots.
• The City currently has three full-time security guard positions in Parking Services, which have been difficult to fill.
• Over the last two years, only one of the three security guard positions has been filled and that individual remained in their role for two months.
• Given hiring challenges, the City is now pursuing contracted services to ensure security needs are met in the City’s parking facilities.
• The scope of work for contracted services includes two security officers for each 8-hour shift (three shifts per 24 hours) who will routinely patrol all parking facilities, assist with routine traffic control, observe and report any unusual or suspicious activity, respond to any type of disturbance in the parking facilities, and assist customers and City parking staff with safety concerns.
• The initial term of the contract will be a one-year time period with two, one-year optional extensions.
• Walden Security was selected by a panel of six reviewers based on qualifications, action plan, references, and pricing.

Vendor Outreach Efforts:

• Staff performed outreach to minority and women owned businesses through solicitation processes which included posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services.
• No MWBE firms submitted bids with this prime contractor and all work will be self performed by the prime contractor (Verified by the ABI review team). Committee(s):
• N/A Pro(s):
• Provides a safer environment for customers and Parking Services staff.
• Provides an enhanced customer experience.
• Loitering activity should decrease.
• Property damage should decrease. Con(s):
• Cost of contracting the security services.

Fiscal Impact:

• Funding for the first year of this contract, not to exceed $481,834, is available in the Parking Services operating budget.
• Future years will be planned for during the annual budget development process.
• The total cost of the contract with renewals is not expected to exceed $1,445,502.

Background:

• On September 19, 2023, the Equity and Engagement Committee (EEC) reviewed two options for allocating $50,000 in remaining funds from the first round of the revised Strategic Partnership Grant.
• Following their review of the two options presented, the EEC directed staff to provide additional background information related to the applications from the first round (Summer 2022) and second round (Spring 2023) of grant funding.
• In response to this request, staff prepared a detailed appendix that includes links to all of the materials requested by the EEC.
• The EEC also directed staff to conduct additional engagement related to the allocation of the $50,000 available from previous grant cycles.
• Following this direction, staff surveyed applicants and also included those responses in the appendix.
• During the October 13, 2023 EEC meeting, staff provided a brief update on the award data associated with Round 1 (Summer 2022) and Round 2 (Spring 2023) grant cycles.
• All of the Round 2 Strategic Partnership Grant award agreements are now under contract and three of the six award agreements have requested and received payment.
• During the October 13 EEC meeting, staff also presented the committee options to reallocate the remaining $50,000 available from previous grant cycles.
• The EEC voted unanimously to recommend the allocation of $50,000 in Strategic Partnership Grant program funding for Asheville PEAK Academy.
• Asheville PEAK Academy intends to use Strategic Partnership Grant funding to support its "It Takes A Village" initiative.
• This program focuses on offering competitive wages and benefit packages to hire and retain highly qualified staff.
• This program will directly serve 10 highly qualified staff members who will educate approximately 216 scholars from public housing or low-income communities in Asheville for the current school year. Committee(s):
• Equity and Engagement on 10-13-2023
• Heard staff recommendations; approved unanimously as described in suggested motion below. Pro(s):
• This option allows for the redistribution of round 1 grant cycle funds based on recommendations from the Equity and Engagement Committee. Con(s):
• None.

Fiscal Impact:

• Funding for this allocation is available in the Strategic Partnership Program.

Suggested Motion:

• Motion to approve the recommended allocation of $50,000 available from previous Strategic Partnership Grant Program cycles for Asheville PEAK Academy and authorize the City Manager to execute the grant agreement. Councilwoman Roney noted that the Equity & Engagement Committee had a good conversation about finding resources for what we all care about
• and we care about our kids. She appreciated the Committee’s recommendation to find more funding for our strategic partnerships, especially in addressing situations that our youth are dealing with and the opportunity gap in our schools.

Background:

• The Swannanoa River Greenway Construction Project will install approximately one mile of greenway along the Swannanoa River where no bicycle or pedestrian facilities currently exist.
• The City of Asheville entered into a design contract with Equinox in July 2018 for a feasibility analysis of potential greenway routes within the Swannanoa River area.
• Construction bids for the greenway were received August 31, 2023.
• The project was awarded to Baker Grading at the September 26, 2023 City Council meeting.
• All property owners were provided with offers of financial compensation for the needed easements, based on assessed value or appraisals obtained from a North Carolina licensed appraiser.
• Despite best efforts, the City has exhausted all opportunities to acquire the needed property rights through voluntary acquisition, therefore condemnation is necessary in order to protect the project schedule. Committee(s):
• None Pro(s):
• Will facilitate the completion of a needed greenway installation project and safeguard the project schedule. Con(s):
• Will result in the commencement of eminent domain actions against eight properties.

Fiscal Impact:

• The expected value of the needed easements is approximately $340,000. The appraisal value for the needed easements on each parcel is as follows: 9658-32-2985: $139,900; 9658-23-0140, 9658-13-9185, 9658-23-1310, 9658-23-1153, 9658-12-7767 combined: $154,200; 9658-22-6896: $20,275; 9658-23-3003: $23,750
• Funding for these easements was previously budgeted and is available in the General Capital Projects Fund.

Background:

• The City engaged a consultant to perform an assessment of the City-operated parking garages.
• During the consultant’s field investigation they identified critical repairs that require immediate attention at the Wall Street, Rankin Avenue, and Harrah’s Cherokee Center garages.
• A request for bids was issued and the lowest, responsive bidder, Cinderella Partners, Inc., was awarded a contract at the October 14, 2023 Council meeting.
• Following contract award, staff reported unusual movement in the Level 2 parking ramp at the Wall Street garage.
• The engineer performed an on-site inspection and found that damaged concrete joints identified during the assessment and included in a future phase of garage construction, had degraded since the field investigation.
• The engineer issued a recommendation that 1) traffic be immediately diverted around the most vulnerable areas in the garage; 2) shoring posts be installed to provide additional temporary support; and 3) supplemental steel angles be fabricated and installed as soon as possible under the damaged joints in the parking deck.
• The scope of work is similar in nature to the steel and concrete repairs included in the contract awarded to Cinderella Partners.
• The change order was reviewed for reasonableness of cost and was executed without delay to ensure a quick response to the engineer’s recommendations.

Vendor Outreach Efforts:

• When the project was advertised for bidding, staff performed outreach to minority and women owned businesses through solicitation processes using the State’s Interactive Purchasing System and requiring prime contractors to outreach to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services.
• Cinderella Partners, Inc. is a Woman-Owned Business Enterprise based out of Indian Trail, NC.
• No other MWBE subcontractors submitted bids with this prime contractor. Committee(s):
• None Pro(s):
• These repairs increase the safety and longevity of the Wall Street parking garage. Con(s):
• The work creates a temporary loss of parking spaces in the Wall Street garage, and a loss of associated parking revenue.
• The work creates a temporary inconvenience for parking patrons.

Fiscal Impact:

• Funding for this change order has been identified within the Parking Services Capital Fund.