City Council regular meeting — January 14, 2025

Assistant City Manager Ben Woody said that this is the consideration of a resolution authorizing the City Manager to execute a contract with the Asheville Downtown Improvement District for delivery of downtown Business Improvement District services. This public hearing was advertised on January 3 and 11, 2025. Background:

• The City Council is authorized to establish a Municipal Service District, also known as a “Business Improvement District” (hereinafter referred to as a “BID”) pursuant to N. C. Gen. Stat. 160A-537.
• A BID is utilized in order to finance, provide, or maintain, within the defined district, certain services, facilities, or functions in addition to, or to a greater extent, than those already provided
• to the entire City.
• City Council voted at their May 13, 2024 and June 11, 2024 City Council meetings to establish a BID boundary (roughly aligned with the central business district) and tax rate of .0877 per $100 assessed valuation of taxable property.
• The establishment of the boundary and associated tax was included in the approved FY 2024-2025 budget and tax rate ordinance.
• On June 11, 2024, City Council also passed a resolution outlining desired BID services, reporting and engagement requirements for the BID Operator as well as the governance/advisory structure to be implemented.
• The elements outlined by City Council were incorporated into the Scope of Work for BID Operator Request for Proposals (RFP).
• Prior to launching the RFP, City staff sought input from those who live, work, and visit downtown, to help further shape the service needs and priorities for the district based on the following focus areas defined by

City Council:

• Safety & Hospitality: Ensuring a welcoming and secure environment for everyone
• Enhanced Cleaning: Keeping our downtown clean and well-maintained
• Special Projects: Undertaking initiatives that enhance the downtown experience
• The input received through the community engagement process further informed the scope of services outlined in the RFP.
• The City released the RFP for a BID operator on September 20, 2024. The timeline for the RFP process, including the submission deadline, was extended due to the impacts of Tropical Storm Helene. The primary impacts to the process were related to communications; the extended timeline ensured extensive outreach to prospective vendors including MWBEs along with additional time for prospective vendors to conduct sub-contractor outreach and prepare proposals.
• The submission deadline for prospective BID operators was November 13, 2024.
• Proposals were received from the following organizations:
• Asheville Downtown Improvement District (ADID), formerly Asheville Downtown Community Improvement District, an organization founded through a partnership between the Asheville Downtown Association, Asheville Area Chamber of Commerce, and Nexstreet (MWBE) based in Asheville, NC.
• Sally Blagg, LLC, a Minority & Women-Owned Business Enterprise (MWBE), based in Salisbury, NC. The proposal included involvement of Asheville-based organizations.
• An evaluation committee made up of City staff from 9 departments along with a representative from the Asheville Downtown Commission reviewed and scored proposals.
• The proposal from the Asheville Downtown Improvement District (ADID) was the highest scored based on the criteria defined in the RFP; staff is recommending that the City move forward with a contract.
• While no formal changes to the Operator’s Scope of Work have been made, staff believe the role and services of the BID will be timely and beneficial to both downtown and broader economic recovery post-Helene. Supporting the success and resilience of downtown
• our region’s center of employment and commerce
• is critical to recovery.
• In addition to the Scope of Services already outlined, the ADID team will hire a Business Resiliency Coordinator to support existing downtown businesses as well as businesses displaced by Hurricane Helene. The Coordinator will also work with public and private agencies to leverage small business and emergency recovery resources, and to coordinate marketing initiatives that support the local economy.
• The proposed initial contract term is for a 3 year period with two optional 1-year renewals. As with all City contracts, lack of performance can be a cause for termination or corrective action.
• The Asheville City Council maintains the final authority to approve the annual BID Budget and set the yearly tax rate.

Vendor Outreach Efforts:

• Staff conducted outreach to all MWBE vendors registered with the City of Asheville that provide services related to management, economic development, and waste management as well as additional outreach to local businesses and organizations. Prime contractors were also required to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services.
• A pre-proposal meeting was held on September 26, 2024 with 11 attendees.
• Proposals were received from the following organizations:
• Asheville Downtown Improvement District (ADID), an organization founded through a partnership between the Asheville Downtown Association, Asheville Area Chamber of Commerce, and Nexstreet (MWBE). ADID is based in Asheville, NC.
• Sally Blagg, LLC, a Minority & Women-Owned Business Enterprise (MWBE), based in Salisbury, NC. The proposal included involvement of Asheville-based organizations. Committee(s):
• August 30, 2024
• Downtown Commission
• Staff provided updates on the process of BID implementation, including results of public engagement, the updated scope of work and an overview of the forthcoming RFP process to select a service provider. The DTC unanimously approved a motion to recommend that staff continue with the RFP process with additional details that were subsequently incorporated.
• September 9, 2024
• Planning and Economic Development Committee
• staff provided updates on the process of BID implementation, including results of public engagement, the updated scope of work, recommendations from the Downtown Commission and an overview of the forthcoming RFP process to select a service provider. Pro(s):
• The BID provides additional funding to meet the demonstrably greater need for certain services, facilities, and functions within the downtown district.
• Executing a contract for services is a critical step toward implementation.
• Per state requirements, the City shall provide, maintain, or let contracts for the services for which the payers of the district are being taxed within a reasonable time, not to exceed one year, after the effective date of the establishment of the district (by June 30, 2025). Authorizing staff to execute this contract keeps the City in alignment with this schedule. Con(s):
• None at this time.

Fiscal Impact:

• Funding for this contract comes directly from the established tax within the defined BID boundary. The annual assessment rate is 0.0877 per $100 of taxable value. Assistant City Manager Ben Woody said the following key takeaways from his presentation are (1) As of July 1, 2024, following City Council authorization, a Business Improvement District was established in the downtown area with a tax rate of .0877 per $100 assessed valuation of taxable property and annual budget for fiscal year 2024-2025 of $1,250,000; (2) City Council directed staff to administer a competitive process to contract with a Service Provider/Operator to deliver services (supplemental to what the City provides) that support enhancements for downtown; (3) The City administered a Request for Proposals (RFP) and evaluation process that reflected community and Council priorities identified for the district, and recommends moving forward with a contract; (4) Staff is seeking City Council authorization to execute a contract with the highest scoring proposal (a partnership between the Asheville Downtown Association, Asheville Chamber of Commerce and Nexstreet) as the BID Operator; and (5) The contracted BID Operator will be responsible for regular reporting to City Council and the public, as well as data-tracking and public engagement to evaluate effectiveness of services. The following are the scope of services (1) Safety, Hospitality and Cleanliness via Community Ambassador Team (a) Will not function as security or law enforcement, nor carry weapons of any kind; (b) Training to include: anti-racism, de-escalation, harm-reduction, mental health first aid, training with city operational departments and other agencies, participation in outreach coordination group; (c) Engagement Hospitality and Assistance; and (d) Enhanced Cleanliness and Maintenance; (2) Reporting, Data Collection and Community Input (a) Tracking of requests and services to be reported on an on-going basis via software tool; (b) Quarterly reports to City Manager and Downtown Commission; (c) Annual report and presentation to City Council; (d) Input regarding services to be sought 2x per year; and (e) Reports and data to be publicly available; NC public records and open meetings laws will be followed for work associated with operations of the BID; (3) Business Resiliency
• Coordinator to be hired to support businesses impacted by Helene and serve as liaison for navigating recovery resources; and (4) Special Projects
• Beautification, neighborhood identification, holiday decorations, public art. Regarding the statutory compliance and governance, (1) Annual Cost Proposal
• submitted annually including all admin, expenses and overhead along with revenues from non-City sources; (2) Accounting of Funds
• presented at the end of each fiscal year in June along with a presentation and report to City Council; to be preceded by input regarding service needs for the upcoming year; (3) Annual City Budget Allocation
• Asheville City Council maintains final authority to approve and/or modify the annual BID budget and set the yearly tax rate as part of its annual budget adoption process; and (4) Steering Committee/Board
• responsible for overseeing and managing the operations and delivery of services in alignment with the scope of work (a) Will follow representation requirements previously established; (b) The application, nomination and appointment process will be transparent and subject to public records and open meetings laws; (c) City Council may accept nominations or request alternate nominees are submitted; and (d) All applications will be available to the public. Mr. Woody said that regarding the BID operator RFP evaluation, (1) Outreach to all registered MWBE vendors that provide services related to management, economic development, and waste management. Additional outreach to local businesses and organizations; (2) Prime contractors were also required to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services; (2) A pre-proposal meeting was held on September 26, 2024 with 11 attendees; and (4) Proposals were received from the following organizations: (a) Asheville Downtown Improvement District (ADID), an organization founded through a partnership between the Asheville Downtown Association, Asheville Area Chamber of Commerce, and Nexstreet (MWBE). ADID is based in Asheville, NC; and (b) Sally Blagg, LLC, a Minority & Women-Owned Business Enterprise (MWBE), based in Salisbury, NC. The proposal included involvement of Asheville-based organizations. Mr. Woody then went through the BID Operator RFP evaluation. The evaluation committee was comprised of the following City representatives
• Economic Development/Business Inclusion; Sustainability; Public Works; Planning & Urban Design; Homeless Strategies; Fire/Community Responders; Asheville Police Department; Neighborhood Enhancement; and the City Manager’s Office. The evaluation committee also included one Downtown Commission member. Asheville Downtown Improvement District (ADID) scored the highest.The proposed budget is $1,250,000, in which he showed the income and expenses. Regarding operations team recruitment and hiring, (1) Recruitment (a) MWBE engagement; and (b) Preference for prior experience; (2) Full Employer-Paid Benefits
• Healthcare, Vision, Dental, 401K, PTO, Advancement Opportunities, Training; (3) Schedule (a) Initial operational hours will be 9 am to 11 pm, and (b) Operational hours may be adjusted based on need and may vary seasonally; and (4) Compensation
• Role Rate Range Supervisor $23
• $25/hour Ambassador I $18
• $20/hour Ambassador II $20.50
• $22/hour Power Washer $20.50
• $22/hour Painting/Graffiti Specialist $20.50
• $22/hour The following are the dates of the implementation of services: January 14, 2025: City Council considers contract; January 31, 2025: Contract executed with service provider; February/March, 2025: Hiring and training of BID staff; March 2025: Initial services launched (a) Initial services to include: engaging businesses, hiring staff, and board selection and approval; and (b) Anticipated start of April 1 for on the ground services to begin; March/April, 2025: Service Provider reports activities and accomplishments to City Manager’s Office and Downtown Commission
• Will include reporting on the launch of the Asheville Downtown Improvement District Program; June 2025: BID services fully operational; and June 2025: Service provider reports activities and accomplishments to City Council. Mayor Manheimer opened the public hearing at 7:06 p.m. Two individuals spoke in support of the BID and the BID operator. Five individuals were concerned about the composition of the BID Steering Committee, and urged Council to revert back to the one-year term and open up the competitive RFP process again with the contract term of three years. Mayor Manheimer closed the public hearing at 7:21 p.m. Mr. Woody said that the initial expectation was for a one year term, with two one-year extensions. He explained that we put out the RFP on September 20 and allowed extensions in the submittal process in order for a deeper pool of vendors. However, we found that the people interested in the contract were concerned about a one-year contract since it takes a lot to purchase equipment and hire people for only one-year. The City then extended the contract term to three-years to give vendors some confidence that they had time to hire and purchase equipment . That said, if the contractor does not perform, the City can terminate the contract if we run into a performance issue. City Attorney Branham also noted that Council retains annual authority on the funding over the BID. If there is an issue, Council has the right to set a zero tax rate and the BID would be unfunded, regardless of the contract. Councilwoman Roney said that after revisiting Council’s working agreements, she can imagine that it’s no surprise that she respectfully disagrees with this proposal, and she continues to have concerns that a BID is fundamentally the wrong tool for the serious issues we face. Additionally, (1) more than ever, it taps tax payers and commercial/residential renters of $1.2-million funding through a new tax; (2) it doesn’t secure living wage jobs which is $22.10-hour minimum; and (3) it doesn’t deploy qualified professionals trained in mental health, behavioral health, homelessness response, and opioid poisoning–real issues that still require real funding and uniquely qualified professionals. That said, she finds herself with the fiscal and social responsibility to consider remaining solutions. It appears at last available is to redirect these resources to a municipal service district with dedicated sanitation, arborist, and behavioral health services for downtown with a goal for the 24-7 services our community needs. In response to Councilman Hess, City Attorney Branham reiterated that we have built in language reserving the Council the financial strength to change the funding every year to set the tax rate. He explained that the BID cannot supplant any services, but the services can be expanded. As long as it’s a supplement service, then it falls within the project scope of allowance. Executive Director of the Asheville Downtown Association Haden Plemmons said that they would look to hire folks with lived experience or poverty, and will partner with workforce development group programs that already exist. Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.

Background:

• In late September, the City of Asheville experienced unprecedented rainfall both from Tropical Storm Helene and a predecessor heavy rain event. A state of emergency covering Asheville was declared on September 25th in relation to Tropical Storm Helene.
• The damage caused by Helene required an immediate response by the City to secure public safety, provide aid to the community, and secure public infrastructure.
• In responding to this crisis, the City of Asheville engaged outside assistance to address the needs of the community when those needs exceeded the capacity of City staff.
• In one such instance, the City engaged Buchanan Pump Service and Supply, for the North Fork Water Treatment Plant Tropical Storm Helene Emergency Response to repair a 500 hp raw water pump to help restore the ability of the North Fork Water Treatment Plant to produce potable water.
• Staff is now requesting that Council ratify the City’s $40,000 contract with Buchanan Pump Service and Supply for this procurement and waive any contracting policies or procedures that would normally have applied.
• A $40,000 contract does not typically require City Council approval. Given that the contract with Buchanan Pump Service and Supply did not follow our typical contracting policies during the emergency it is being brought forward for ratification.

Vendor Outreach:

• This purchase was determined to be necessary in order to address a special emergency involving the health and safety of the people or their property, and therefore exempt under N.C. Gen. Stat. § 143‑129(e)(2) from standard contracting processes in state law.
• This purchase was further needed to address an emergency or exigency within the meaning of 2 CFR § 200.320(c)(3). Committee(s):
• None Pro(s):
• Allowed the City to immediately act to address an emergency without delay. Con(s):
• None, aside from the expenses incurred.

Fiscal Impact:

• The total cost of this contract is $40,000.

Background:

• In late September, the City of Asheville experienced unprecedented rainfall both from Tropical Storm Helene and a predecessor heavy rain event. A state of emergency covering Asheville was declared on September 25th in relation to Tropical Storm Helene.
• The damage caused by Helene required an immediate response by the City to secure public safety, provide aid to the community, and secure public infrastructure.
• In responding to this crisis, the City of Asheville engaged outside assistance to address the needs of the community when those needs exceeded the capacity of City staff.
• In one such instance, the City engaged Buchanan Pump Service and Supply, for the North Fork Water Treatment Plant Tropical Storm Helene Emergency Response to repair a 500 hp raw water pump to help restore the ability of the North Fork Water Treatment Plant to produce potable water.
• Staff is now requesting that Council ratify the City’s $40,000 contract with Buchanan Pump Service and Supply for this procurement and waive any contracting policies or procedures that would normally have applied.
• A $40,000 contract does not typically require City Council approval. Given that the contract with Buchanan Pump Service and Supply did not follow our typical contracting policies during the emergency it is being brought forward for ratification.

Vendor Outreach:

• This purchase was determined to be necessary in order to address a special emergency involving the health and safety of the people or their property, and therefore exempt under N.C. Gen. Stat. § 143‑129(e)(2) from standard contracting processes in state law.
• This purchase was further needed to address an emergency or exigency within the meaning of 2 CFR § 200.320(c)(3). Committee(s):
• None Pro(s):
• Allowed the City to immediately act to address an emergency without delay. Con(s):
• None, aside from the expenses incurred.

Fiscal Impact:

• The total cost of this contract is $40,000.

Background:

• At the 11/12/24 City Council meeting, Council authorized the City Manager to enter into a contract with AAR of North Carolina, Inc. in the amount of $638,000, for the Municipal Building Roof Replacement project, including a 10% contingency, for a total of $701,800.
• The project is meant to replace damage from Tropical Storm Helene and is expected to be fully funded with a mix of insurance and FEMA funds.
• The breakdown between insurance and FEMA funds is unknown at this time.
• Due to the special funding sources, this contract requires a budget amendment to add funding to the budget. This is not new money
• it is a budget amendment to utilize funding that was previously approved by Council. Pro(s):
• Allows the City to budget for a previously approved project. Con(s):
• None.

Fiscal Impact:

• This amendment will add $701,800 to the City’s budget which is expected to be fully reimbursed with FEMA and insurance funds.

Background:

• Due to the flooding caused by Tropical Storm (TS) Helene and the subsequent ‘wash out’ of the Azalea Road bridge at recreation park, and the wash out of Azalea Road East, access to the Gashes Creek Neighborhood and to the WNC Nature Center was not possible.
• Coordinating with City staff, Highland Brewing Company allowed public access to Gashes Creek Road through its parking lot located at 12 Charlotte Highway as a temporary solution; and
• The temporary access has been utilized by Gashes Creek residents as well as numerous agencies as part of the response efforts and continuity of operations, including: NC DOT, MSD, COA (multiple departments) Delivery Companies, School bus access etc.
• In order to facilitate space for the temporary roadway the land owner was required to move a street light pole and temporarily improve access between their parking lot and Gashes Creek Road.
• Additional traffic through the property has caused significant additional wear and tear on the parking lot areas throughout the property
• License financial terms are based on costs incurred by Highland to improve the access road, a negotiated fair market value for business interruption related to the loss of parking spaces, additional staff needs for parking/traffic support and other related expenses.
• In addition, COA Public Works provided a repair/replacement estimate to best determine real adjusted cost to restore to condition prior to public use to best determine final negotiated fee structure.
• COA is not responsible for repair or restoration of property at the conclusion of the agreement, COA is only responsible for cash payment.
• Initial term is retroactive to September 27, 2024 through January 31, 2025 reverting to a month to month arrangement beginning February 1, 2025.
• Long term temporary access to Gashes Creek, through Azalea Road East is scheduled to open in January or February 2025, dependent on receipt of the purchased signals to allow two-way traffic, at which point access through Highland Brewing Company will be closed.
• Contract term assumes timely restoration of public right of way access to the neighborhood, while allowing for a month to month extension if construction delays occur. Committee(s):
• None Pro(s):
• Formalizes access for the public and City services to the Gashes Creek neighborhood until public right of way access can be restored.
• Staff anticipates expenses related to this agreement will be reimbursed through FEMA and the State. Con(s):
• None

Fiscal Impact:

• Initial term expense of $250,000 and potential additional monthly expense of $62,500/month if extended.

Background:

• The City of Asheville is a participating entitlement community in the U.S. Department of Housing and Urban Development’s (HUD) Community Development Block Grant (CDBG) program.
• The City of Asheville has received a supplemental grant of $1,748,141 from the CDBG Declared Disaster Recovery Fund (CDBG-DDRF) program.
• On December 10, 2024, City Council authorized the allocation of $624,000 in CDBG-DDRF funding for rental assistance.
• City staff recommends directing the full amount of the CDBG-DDRF rental assistance allocation ($624,000) to Buncombe County’s Helene Recovery Housing Assistance Grant program, which the County has created to provide emergency relief to residents affected by Helene.
• Buncombe County has the capacity to handle CDBG rental assistance funds and is capable of complying with all CDBG regulations.
• The county received 5,826 applications for housing assistance. 3,867 (66%) of the applicants were residents of Asheville and 4,479 (77%) requested rental assistance.
• Buncombe County can ensure that any City-provided funds are made available for rental assistance to City of Asheville residents whose incomes are less than 80% area median income ($74,800 per year for a family of four).
• CDBG funds can be available for the County to deploy in their existing application cycle. This cycle opened applications between December 5 and 18, and the County anticipates processing payments in January 2025.
• In order to dedicate these funds to Buncombe County, the City and the County will need to execute an interlocal agreement.
• Tentatively, Buncombe County Commissioners would be briefed on the interlocal agreement on January 7 followed by a formal County Commission vote on January 21. Committee(s):
• None. Pro(s)
• Newly received CDBG grant funds will be quickly distributed to City residents who meet the program’s eligibility criteria.
• City residents will receive needed relief for rent that they are behind on and owe for up to 3 months worth of rent payments
• The County is familiar with the CDBG program and can effectively administer the program per CDBG requirements. Con(s)
• None.

Fiscal Impact:

• $624,000 from the CDBG-DDRF grant (total grant = $1,748,141). No other fiscal impact.

Background:

• The City of Asheville’s Water Resources Department serves 156,720 customers in Buncombe and Henderson Counties.
• The North Fork and William DeBruhl Water Treatment Plants have a combined capacity to produce 36 million gallons of drinking water per day, and provide approximately 80% of the City of Asheville’s drinking water.
• The filter plants at both the North Fork and the William DeBruhl Water Treatment Plant have provided many years of service treating water and now require the replacement of their filter media and underdrain structures to ensure their ability to consistently produce clean water.
• The use of a Construction Manager at Risk will provide the opportunity for value engineering and the procurement of long lead time equipment to be used in the maintenance of these vital systems.
• This project will be divided into three phases. This request is for phase one. Phase two will include early procurement of equipment and materials. Phase three will include the guaranteed maximum price (GMP). Phases two and three will come to Council at a later date.

Vendor Outreach Efforts:

• PC Construction Company was chosen by the City of Asheville’s Water Resources Department’s Water Production Division to provide professional engineering services for this project.
• The Water Production Division utilized the RFQ process to provide a competitive opportunity for qualified Construction Managers at Risk, (CMAR).
• PC Construction Company was the most qualified of the three construction companies that provided proposals and interviewed for the project.
• No further outreach was undertaken. Committee(s):
• N/A Pro(s):
• Maintains the ability of the City of Asheville’s Water Resources Department to continue to provide core services for our customers.
• Maintains the ability of the City of Asheville’s Water Resources Department to treat drinking water, at the North Fork and William DeBruhl WTPs.
• Provides the opportunity to procure long lead time items in advance, which facilitates the contractors ability to plan and perform work. This is important because the rehabilitation of the filters requires production loss for a period of time to allow work to progress.
• Provides value engineering based on the experience and synergy of the Owner, Engineer, and CMAR, through value engineering.
• The CMAR will provide outreach, bidding, and contractor management. Con(s):
• There are no known cons associated with entering into this contract.

Fiscal Impact:

• Phase 1 funding for this contract is estimated at $285,757, including a $28,387 owners allowance for a total of $314,144. These funds are available in the Water Resources Capital Improvement Budget.

Background:

• The scope of work for this project includes the installation of approximately 1,250 LF of 12-inch, 6,950 LF of 8-inch, 20,600 LF of 6-inch ductile iron water line, related appurtenances and other miscellaneous water system components including service connections and other appurtenances.
• The project will mostly replace existing problematic water lines; which have been identified as a need through a prioritization and master planning process, due to age, pipe failures and future water capacity needs. Construction will include lane/road closures and other necessary disruptions for water line installation.
• On November 5, 2024, the Water Resources Department (WRD) issued an advertisement for bids for Neighborhood Enhancement Project (NEP) Area 7
• Water Distribution Project.
• In response to the advertisement for bids, the WRD received five (5) bids on December 5, 2024. Companies responding were: 1. Buckeye Bridge, LLC
• Canton,NC
• Non MWBE
• Bid $11,831,260.40 2. T&K Utilities, Inc.
• Asheville, NC
• Non MWBE
• Bid $16,345,497.00 3. TeraFlex Group, LLC.
• Waynesville, NC
• Non MWBE
• Bid $10,877,864.00 4. Thomas Construction Co, Inc.- Johnson City, TN
• Non MWBE
• Bid $10,175,349.00 5. TP Howard’s Plumbing Co, Inc.
• Fairview, NC
• Non MWBE
• Bid $10,670,000.00
• Following an audit of the bids by City staff and the project engineers, Kimley-Horn & Associates, Thomas Construction Co, Inc was selected as the lowest responsible, responsive bidder.
• The Water Resources Department requests authorization to contract with Thomas Construction Co, Inc for the bid amount of $10,175,349.00 plus a 10% contingency in the amount of $1,017,535.90, for a total amount not to exceed $11,192,884.90 for a term ending at project completion.

Vendor Outreach Efforts:

• Staff performed outreach to minority- and women-owned businesses through the 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.
• No MWBE firms submitted bids as the prime contractor. Committee(s):
• Not applicable. Pro(s):
• This project is aligned with the City's and the Water Resources Department's goal of continued investment and improvement of the City’s water system through capital improvement projects, in order to provide safe and reliable service. Con(s):
• None.

Fiscal Impact:

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

Background:

• Background: The eastern boundary of the Burton Street Neighborhood will be impacted by the planned widening of I-26. As an effort to lessen the burden of the North Carolina Department of Transportation’s (NCDOT) I-26 Project, a community driven Neighborhood Plan was developed in 2018 which includes mitigation strategies.
• One of the mitigation strategies outlined in the Neighborhood Plan is to improve community infrastructure at the Burton Street Community Center by providing more parking, improving existing basketball courts and playground, and providing an additional meeting space.
• This project will relocate and replace the existing playground at the community center in order to allow for NCDOT to expand the parking area. The project will also replace a basketball court and provide an additional community meeting space.
• The Project page provides additional project information.
• Basketball and playground construction associated with this project is expected to start in early calendar year 2025 and be completed in mid calendar year 2025.

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.
• The project was initially advertised on September 18, 2024, and then canceled on October 11th, due to Tropical Storm Helene. https://drive.google.com/file/d/1t1Z9eRx6PRQlEGCGFZ07UY3exE4Au9pT/view https://drive.google.com/file/d/1t1Z9eRx6PRQlEGCGFZ07UY3exE4Au9pT/view https://www.ashevillenc.gov/projects/burton-street-park-investments/
• THe solicitation was readvertised on October 30, 2024, and the City received and opened bids on November 21, 2024, at 3:00PM. Four bids were received, including one MWBE firm. The following companies submitted bids:
• Smart Builders Construction LLC dba Modern Mountain Builders, Asheville, NC, $621,828.
• J Bartholomew Construction, LLC, Hendersonville, NC, $592,000.
• Enterprises G, Inc., Blowing Rock, NC, MWBE, $550,176.
• Patton Construction Group, Inc, Asheville, NC, $512,500.
• Patton Construction, Inc. was the lowest responsive, responsible bidder.
• No MWBE firms submitted bids with Patton Construction as the prime contractor. Committee(s):
• None Pro(s):
• Moving the playground will allow for NCDOT to expand the community center parking area.
• New playground equipment and basketball court will extend the lifespan of these amenities.
• The playground, basketball court, and new meeting space will be fulfilling mitigation strategies outlined in the Neighborhood Plan by improving community infrastructure. Con(s):
• Impacts to the community center during construction.

Fiscal Impact:

• $410,000 was originally budgeted for the construction portion of this project in the adopted Capital Improvement Program (CIP). The Department will use an additional $160,000 of 2024 General Obligation Bond funding to fully fund the project. Dewayne Barton offered the Burton Street community’s support to make sure that their neighborhood plan is fulfilled. He asked that they be included in conversations regarding any work around the Burton Street community. City Attorney Branham responded to Council regarding construction contracts and the requirements under State law for awarding them. In response to Councilwoman Roney regarding if Council can take action on construction contracts based on the disparity study, City Attorney Branham said that the disparity study will allow us to set sub-contracting goals; however, with construction contracts, a contractor may exercise due diligence and good faith efforts to find a minority or women owned sub-contractor. If they are unable to do so, they cannot be compelled to comply with the ABI sub-contracting goals. The City is currently building the capacity for Minority & Women-Owned Business Enterprises (MWBE), but this takes time. In response to Councilwoman Roney, Mr. Dundas said that in our construction contracts we typically identify 10% for contingency and it is fairly unusual for staff to come back to Council for additional funds, unless the scope of work changes or an unidentified item in the project. After a brief discussion, City Manager Campbell said that at an upcoming agenda briefing, staff will update Council on its contracting procedures and look at the disparity study and the aggressive way we are trying to recruit more MWBE participation.

Background:

• Buncombe County currently bills and collects City property taxes
• At the August 22, 2023, meeting, City Council approved an addendum to the existing tax collection agreement with Buncombe County to ensure that it fully conforms to the provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue Act.
• As part of that compliance, the City Council must, on a monthly basis, approve all property tax releases and refunds that have been approved by the Buncombe County Board of Commissioners.
• City of Asheville refunds and releases for November 2024 are included in the document. Pro(s):
• Ensures compliance with provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue Act. Con(s):
• None

Fiscal Impact:

• None.

Background:

• The Asheville Housing Authority was established by the Asheville City Council via resolution adopted on May 30th, 1940.
• The original membership of the Asheville Housing Authority was set at five commissioners.
• The City Council has authority, pursuant to N.C.G.S. § 157-7(c) to increase the membership by resolution or ordinance.
• On July 27th, 2021, the Asheville City Council increased the membership to seven commissioners.
• The City Council may increase the number of commissioners of the authority up to eleven. Vendor Outreach Efforts: NA Committee(s):
• NA Pro(s):
• Increasing the membership of the commission will enhance the capacity of the Authority to perform its duty of providing safe and sanitary dwelling accommodations for persons of low income. Con(s):
• None

Fiscal Impact:

• None

Vice-Mayor Mosley, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Asheville-Buncombe Air Quality Agency Board. Evan Couzo resigned as a member of the Asheville-Buncombe Air Quality Board effective November 14, 2024, thus leaving an unexpired term to July 1, 2026. The following individuals applied for the vacancy: Dr. Caitlin Crossett and Mrs. Sarah K. McGonigal. The Chair and staff liaison of the Asheville-Buncombe Air Quality Agency Board recommended to appoint Dr. Caitlin Crossett.

Vice-Mayor Mosley, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Alcoholic Beverage Control (ABC) Board. The terms of Max Haner and Nian Avery, as members on the ABC Board expired on November 12, 2024. The following individuals applied for the vacancy: David Angelus, Kevin T. Blanton, Kenneth Ray Bussey Jr., Kimberly Collins, Patrick Fox, Brian Douglas Haynes, Susan Kelly, Michael Pesant and Andrew McNair Tyson. The Chair of the ABC Board does not recommend reappointment of Nian Avery as Mr. Avery is ineligible due to lack of attendance. The Chair and staff recommended appointment of Kimberly Collins, Michael E. Pesant or Jan Davis. After each Council member voted for the first seat, Kimberly Collins received 4 votes, Michael Pesant received 2 votes and Jan Davis received no votes. Therefore, Kimberly Collins was appointed to serve a three-year term, term to expire November 12, 2027, or until Kimberly Collins’ successor has been appointed. Each Council member then voted for the second seat with Michael Pesant and Jan Davis each receiving three votes. Councilwoman Ullman then moved to appoint Jan Davis to serve a three-year term, term to expire November 1, 2027, or until Jan Davis’ successor has been appointed. This motion was seconded by Councilman Hess and carried unanimously.

Vice-Mayor Mosley, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing alternate members to the Board of Adjustment. The term of Michael Luciano (alternate) on the Board of Adjustment expires on January 21, 2025. In addition, John Kledis (alternate) and Wendy Tabb (alternate) have resigned, thus leaving two unexpired terms until January 21, 2027. Also, Andrew Garrard (alternate) has resigned, thus leaving an unexpired term until January 21, 2025. The following individual applied for the vacancies: Bill Roberts. The Chair and the staff liaison recommended to reappoint Michael Luciano; and re-advertise for the remaining alternate seats, as the alternate seats must be City residents and Mr. Roberts is not.

Vice-Mayor Mosley, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Metropolitan Sewerage District Board.. The term of Chris Pelly expires on January 19, 2025. No individuals applied for the vacancy.