City Council regular meeting — May 13, 2025

Background: ​ ​

• ​ In recent years, the City-owned office space at 29 Haywood Street has experienced frequent water infiltration during rain events. The roof has exceeded the expected useful life, and now needs a full replacement.
• ​ The design included four bid alternates for additional associated roof upgrades–1) replacement of existing worn skylights; 2) fall protection system for the roof hatch; 3) extended 30-year warranty; and 4) roof edge fall protection
• ​ A request for bids was advertised on March 20, 2025. Bids were due April 10, and seven bids were received: ​ ​ ​ ​ ​ ​ ​ ​ Bid ​ Bid Bidder​ ​ ​ ​ ​ ​ Base Bid Alt 1 Alt 2​ ​ Total​
• ​ J. Bartholomew Construction, LLC, ​ $234,000​ $9,000​ $6,500​ $249,500 –​ Hendersonville, NC​ ​ ​ ​ ​
• ​ Eskola LLC​ ​ ​ ​ $254,680​ $8,619​ $2,960​ $266,259 –​ Charlotte, NC​ ​ ​ ​ ​ ​
• ​ Benton Roofing, Inc.​ ​ ​ $308,850​ $8,900​ $2,200​ $319,950 –​ Flat Rock, NC
• ​ Davo Roofing and Sheet Metal, LLC​ $341,000​ $9,500​ $2,900​ $353,400 –​ Charlotte, NC
• ​ Nations Roof of Carolina, LLC​ ​ $356,000​ $20,000 $4,000​ $380,000 –​ Charlotte, NC
• ​ Interstate Roofing Company, Inc.​ $379,700​ $9,520​ $1,990​ $391,210 –​ Charlotte, NC
• ​ Johnson’s Roofing Service, Inc.​ ​ $391,000​ $14,850 $3,750​ $409,600 –​ Fort Mill, SC
• ​ The bid by J. Bartholomew Construction, LLC was determined to be the lowest responsive and responsible bid.
• ​ Alternates 1 and 2 were accepted and are included in the total recommended award amount.
• ​ The project is anticipated to start this summer, and will be complete by early fall.

Vendor Outreach Efforts:

• ​ Staff performed outreach to minority and women owned businesses through solicitation processes using the State’s Interactive Purchasing System, direct communications to Minority & Women-Owned Business Enterprises, and requiring prime contractors to outreach to Minority & Women-Owned Business Enterprise (MWBE) service providers for any and all subcontracted services.
• ​ No MWBE firms submitted bids with this prime contractor. Committee(s):
• ​ None Pro(s):
• ​ This project will provide a dry and healthy environment for building occupants. ​ ​
• ​ The new roof will have a greater R-value, providing better energy efficiency for the facility.
• ​ Replacing end of life building systems, extends the overall life of the building and reduces maintenance costs. Con(s):
• ​ None

Fiscal Impact:

• ​ Funding for this contract is already included in the adopted Capital Improvement Program (CIP)

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.
• ​ Flooding of the French Broad and Mills Rivers rose to levels that inundated the Mills River Water Treatment Plant intake structure where the permanent raw water pumps are located.
• ​ 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 entered into a contract with Campbell, Inc. for the Mills River Water Treatment Plant to aid in the Hurricane Helene Emergency Response to provide a crane and trucks to pick up and mount two temporary raw water pumps used to convey raw water to the Mills River water treatment plant process.
• ​ The original amount of the contract was $267,718.50 and was ratified by City Council Resolution 25-38 on March 11, 2025.
• ​ This contract was amended to add an additional amount of $28,500.00 to include a previously omitted invoice and this contract amendment now needs to be ratified.
• ​ 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).
• ​ Staff is now requesting that Council ratify the City’s contract amendment with Campbell, Inc. to approve of the additional payment and waive any contracting policies or procedures that would normally have applied. Committee(s):
• ​ None Pro(s):
• ​ Allowed the City to immediately act to address an emergency without delay.
• ​ Allowed the City to continue to provide water to a portion of the water system. Con(s):
• ​ None

Fiscal Impact:

• ​ The total cost of this previously ratified contract was $267,718.50. This contract amendment to cover a paid invoice previously omitted from contract amount is $28,500.00, therefore the total contract cost is now $296,218.50.
• ​ Funding is available in the Water Capital Projects Fund. All costs are expected to be reimbursed by FEMA.

Background:

• ​ The William DeBruhl WTP is one of the three City of Asheville water treatment plants that supply drinking water for the City of Asheville’s water distribution system.
• ​ The William DeBruhl WTP is a direct filtration water treatment plant that treats water from the Bee Tree Reservoir. As part of the water treatment process, the William DeBruhl WTP uses sodium hypochlorite, sodium hydroxide, zinc orthophosphate, sodium bicarbonate, fluoride, and polyaluminum chloride, to treat the water for customers.
• ​ The use of these water treatment chemicals require onsite storage at the William DeBruhl WTP to allow treatment to continue 24 hours per day, 7 days per week, and 365 days per year.
• ​ Both the William DeBruhl WTP fluoride and sodium hypochlorite bulk chemical tanks are at the end of their service life due to age and use.
• ​ As it has also become clear that the Zinc Orthophosphate tank has also reached the end of its service life due to age and use.
• ​ Currently the William DeBruhl WTP needs to replace (1) sodium hypochlorite tank, (1) fluoride tank, and (1) zinc orthophosphate tank to continue to provide core services and to continue to treat drinking water.
• ​ The William DeBruhl WTP also needs to add one or possibly two new bulk storage tanks to hold and store a new coagulant product, which will be beneficial to the treatment process.
• ​ The City entered into a Master On-Call Services contract with GHD Engineering in October of 2020 and this Master contract has been renewed until October 2025.
• ​ The City entered into a Supplemental Professional Services contract/ Change Order with GH Engineering for Task Order 8-Debruhl Water Treatment Plant Chemical Bulk Storage Project as approved by City Council Resolution No. 24-30 on February 13, 2024 in the amount of $145,000.
• ​ The Supplemental Professional Services Contract/ Task Order 8 with GH Engineering needs to be amended to include additional scope of work to develop the specifications required for the replacement of the sodium hypochlorite tank and the fluoride tank, as well as provide analysis of the specifications and location for the new coagulant tank. The amount of this contract amendment will not exceed $7,000.
• ​ If not approved, it will limit the ability of the William DeBruhl WTP and the City of Asheville Water Resources Department to provide high quality drinking water to the City of Asheville’s water distribution system

Vendor Outreach Efforts:

• ​ GHD Engineering was chosen from the City of Asheville’s Water Resources Department’s Master On-Call Engineering list to provide professional engineering services for this project.. ​ ​
• ​ The Master On-Call Engineering Services list was developed through a competitive process and the City entered into a Master On-Call Contract with GHD Engineering in October 2020 which has been renewed until October 2025..
• ​ As a contract already exists with GHD for this work, no further outreach was undertaken. Committee(s):
• ​ N/A Pro(s):
• ​ Maintains the ability of the William DeBruhl WTP to continue to provide core services for our customers.
• ​ Maintains the ability of the William DeBruhl WTP to treat drinking water for the City of Asheville’s water distribution system. Con(s):
• ​ There are no cons with entering into this contract.

Fiscal Impact:

• ​ Funding for this amendment to the existing Supplemental Contract is estimated to be $7,000, bringing the total expenditure under the Master On-Call Contract, and Supplemental Contract of $145,000, to a total cost of $152,000, and is available in the Water Resources operating budget.

Background: This is a Sole Source Request to use Verkada Video Security Cameras for locations in and around City of Asheville Facilities.

• ​ NCGS §143-129(e) 6, allows for purchases of apparatus, supplies, materials, or equipment when…(iii) standardization and compatibility is the overriding consideration, subject to City Council approval.
• ​ Request to purchase Verkada Video Security Cameras for the following reasons:
• ​ Verkada Video Security Cameras are currently installed in a number of locations in and around City of Asheville facilities.
• ​ Standardizing on a single cloud-based security camera platform streamlines City operations and maintenance related to security cameras. ​ ​
• ​ A standardized security camera platform streamlines incident responses by simplifying access to security camera footage as needed.

Vendor Outreach Efforts:

• ​ The adoption of this resolution would be referenced in future vendor outreach efforts to ensure standardization and compatibility with the City’s current system.
• ​ Standardizing the equipment will still mean that we will conduct vendor outreach for equipment purchases and installation contracts. Committee(s):
• ​ N/A Pro(s):
• ​ Provides systems that will continue standardization or compatibility with existing City systems.
• ​ This will result in cost savings through reduced operations and maintenance. Con(s):
• ​ N/A

Fiscal Impact:

• ​ None at this time.

Background:

• ​ On December 10, 2024, City Council ratified the amendments to the MCCF Services and Duties Agreement extending the original City loan payment date from February 1, 2025 to February 1, 2029. See Resolution No. 24-263.
• ​ The Mountain Community Capital Fund, begun in 2018, has been a successful program to support small businesses.
• ​ Since the MCCF’s inception, additional funding sources have been added to the Fund which are sufficient to support ongoing operations without the original loan funds from the City and County.
• ​ Self Help Credit Union, in its current role as fund custodian, and the other members of the MCCF (Buncombe County, Mountain Bizworks, Self-Help Credit Union, Carolina Small Business Development Fund) have agreed to the revised City loan repayment deadline of July 1, 2025. ​ ​
• ​ This amendment will allow the City of Asheville to receive repayment of its original loan, less any claims made, after July 1, 2025, while maintaining its administrative and oversight role within the fund. Committee(s):
• ​ None Pro(s):
• ​ Allow the City to receive repayment of the initial loan. Con(s):
• ​ None.

Fiscal Impact:

• ​ Loan repayment would result in the repayment of the initial $250,000 loan, less any claims made.

Background:

• ​ Over the course of September 26-29, 2024, the City of Asheville experienced unprecedented rainfall both from Tropical Storm Helene, and a predecessor heavy rain event. A state of emergency was in place in Asheville since September 25th in relation to these damaging storms.
• ​ 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 entered into emergency contracts and real estate leases and licenses for property use to address the needs of the community.
• ​ On October 23, 2024, the City entered into a License Agreement with Transform LeaseCo, LLC (“Licensor”) for the use of approximately 10 acres (former KMart parking lot) of the 17 acre property located at 1001 Patton Avenue, Asheville, for use as a ​ ​  temporary construction laydown and staging area for water lines, equipment and materials for City Water Department repair projects, parking of City vehicles, and for other City emergency needs.
• ​ Per the terms of the License Agreement, City was required to pay $840.00 per day for existing security guard services at the property (there was no cost for the use of the property itself) and the contract was to terminate on April 8, 2025.
• ​ The License Agreement was terminated by the City on December 17, 2024, since there was no longer a need for its use. The Licensor, has invoiced the City for security services during the contract term-October to December in a total amount of $37,553.62. The City intends to seek reimbursement from FEMA for these costs. Committee(s):
• ​ None Pro(s):
• ​ Allowed the City to immediately act to address an emergency without delay. Con(s):
• ​ None

Fiscal Impact:

• ​ The total cost of this contract is $37,553.62. Staff is working with the contractor to ensure FEMA eligibility but is waiting to finalize federally required Tasks & Standards. If the work is ultimately not eligible for FEMA Public Assistance funds, the cost can be covered by a mix of General Fund and Water Resource Fund dollars.

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 received a supplemental grant of $1,748,141 from the CDBG Declared Disaster Recovery Fund (DDRF) program.
• ​ On December 10, 2024 City Council authorized the allocation of $624,000 in CDBG-DDRF funding for rental assistance and staff recommended directing the rental assistance dollars to the Buncombe County’s Helene Recovery Housing Assistance Grant program.
• ​ With the CDBG-DDRF funds that City has already provided, 160 income-qualified Asheville families have received assistance for up to three months of rental payments.
• ​ As part of the total allocation of CDBG-DDRF, administrative costs were originally budgeted at $250,000, which the City anticipated using a portion of to hire consultant help for standing up an economic development program that provided grants to small businesses.
• ​ However City staff have been able to efficiently administer the CDBG-DDRF grant without needing that full amount, thanks to some free technical assistance that has been provided by HUD.
• ​ Staff recommend repurposing 50% of those funds ($125,000) as well as using remaining uncommitted funding from prior CDBG grant years ($10,074.80) for additional rental assistance.
• ​ In order to dedicate these funds to Buncombe County, the City and the County will need to amend the existing Interlocal Agreement.
• ​ Buncombe County has demonstrated capacity to handle CDBG rental assistance funds and is capable of complying with all CDBG regulations.
• ​ Buncombe County Commissioners are scheduled to discuss this amendment to the existing interlocal agreement on May 20th. Committee(s):
• ​ None. Pro(s)
• ​ Unused CDBG and CDBG-DDRF grant funds will be activated for emergency rental assistance grants.
• ​ Income-qualified 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:

• ​ $125,000 from the CDBG-DDRF grant (total grant = $1,748,141).
• ​ $10,074.80 remaining from prior years’ grant funds

Background:

• ​ The City of Asheville operates under the provisions of the Local Government Budget and Fiscal Control Act (NCGS Chapter 159). NCGS §159-24 mandates the appointment of a Finance Director who is responsible for the fiscal management of the City. Furthermore, NCGS §159-25(b) outlines the requirements for the signing of checks and drafts on official depositories, requiring the signature of the Finance Officer or a properly designated deputy finance officer and countersignature by another designated official.
• ​ To ensure the smooth operation of financial processes, especially during periods when the Finance Director is unavailable or when workload necessitates delegation, it is prudent to formally designate Deputy Finance Officers. These individuals will be authorized to sign checks, drafts, pre-audit certificates, and other financial documents on behalf of the Finance Director,
• ​ The designation of Deputy Finance Officers does not add any additional positions.
• ​ The designation is assigned to existing employees as part of their ongoing responsibilities.

Vendor Outreach Efforts:

• ​ N/A Committee(s):
• ​ None Pro(s):
• ​ With the adoption of the resolution, the City will be in strict compliance with NCGS §159-25. Con(s):
• ​ None

Fiscal Impact:

• ​ None

Background:

• ​ The City of Asheville has received and anticipates receiving settlement funds resulting from litigation related to the opioid crisis.
• ​ North Carolina General Statute 159-13 requires local governments to account for certain funds, including those received from opioid settlements, in a special revenue fund.
• ​ The City of Asheville must ensure proper accounting and utilization of these funds in accordance with applicable laws and agreements.
• ​ Funds that have already been received need to be transferred into the special revenue fund.
• ​ So far the City has received $829K; and we anticipate to receive in total about $2M over the next 14 years.

Vendor Outreach Efforts:

• ​ N/A Committee(s):
• ​ None Pro(s):
• ​ Beyond being required by state statute, accounting for expenditures will be simplified. Con(s):
• ​ None

Fiscal Impact:

• ​ None, beyond establishing a new special revenue fund.

Finance Director Tony McDowell said that this is the public hearing on proposed financing for McCormick Field improvements; and consideration of an initial resolution authorizing the City Manager or the Finance Director to pursue and negotiate on behalf of the City debt financing associated with the $35 million 2025 Limited Obligation Bonds (LOBs) for McCormick Field improvements. This public hearing was advertised on May 2, 2025. Mr. McDowell explained that the notice said the financing was currently expected not to exceed $34 million, but staff is requesting Council to increase the amount to $35 million in order to provide staff with additional flexibility when we issue the debt in June. Background:

• ​ The City of Asheville has owned the property located at 30 Buchanan Place, known as Lewis McCormick Field, since 1984 and leases the property for operation as a minor league baseball (MLB) stadium.
• ​ On March 14, 2023, City Council authorized the City Manager to sign a funding letter of commitment to MLB regarding the City’s intent to bring McCormick Field into compliance with new facility standards.
• ​ In June 2023, City Council adopted a Capital Improvement Program (CIP) budget that included $37.5 million in funding for improvements at McCormick Field.
• ​ The financial plan for funding this project included the issuance of $35 million in Limited Obligation Bonds (LOBs) with debt service on the bonds to be funded by the City, Buncombe County, the Tourism Development Authority (TDA), and the Asheville Tourists minor league baseball team.
• ​ In July 2024, City Council adopted a resolution authorizing the City Manager to enter into a contract amendment with Frank L. Blum Construction Company, in association with W.C. Construction Company for the construction of the McCormick Field improvements.
• ​ In order to reimburse itself for expenses that have already occurred on the project in the current fiscal year and have in place the financing to cover expenses that will occur next ​ ​  fiscal year, the City intends to issue 20-year, fixed-rate taxable LOBs Bonds in June 2025.
• ​ Staff is seeking Council approval of the initial resolution associated with this debt issuance and asking Council to conduct a Public Hearing on it. Approval of the final resolution is scheduled for Council’s May 27, 2025 meeting. Pro(s):
• ​ Allows for the issuance of Limited Obligation Bond (LOBs) to meet the City’s cash flow needs for the McCormick Field project.
• ​ Approximately 65-70% of the long-term debt costs will be paid by the partners in the project.
• ​ Spreads capital costs over a longer term to better match the useful life of the asset. Con(s):
• ​ None

Fiscal Impact:

• ​ The exact amount of the debt service on the taxable LOBs Bonds will be determined after sale of the debt in June. The City’s share of the long-term debt costs will likely average approximately $850,000 per year over the next 20 years, and this amount has already been included in the City’s multi-year Capital Improvement Program and Debt Model. The remaining debt service costs, which equate to about 65-70% of the total, will be paid by the partners in the project
• Buncombe County, the Tourism Development Authority (TDA), and the Asheville Tourists. Mr. McDowell outlined the following key takeaways from his presentation as follows: (1) Construction on the McCormick Field Capital Improvement Project began in the fall of 2024 and is slated for completion in April 2026; (2) The financial plan for funding this project includes the issuance of Limited Obligation Bonds (LOBs) with debt service on the bonds to be funded by the City, Buncombe County, the Tourism Development Authority (TDA), and the Asheville Tourists minor league baseball team; (3) In order to reimburse itself for expenses that have already occurred on the project in the current fiscal year and have in place the financing to cover expenses that will occur next fiscal year, the City intends to issue the LOBs in June; (4) Staff is seeking Council approval of the initial resolution associated with this debt issuance and asking Council to conduct a Public Hearing on it; and (5) State statute also requires that City Council conduct a Public Hearing prior to approving the debt issuance. ​ He then outlined the debt issuance calendar as follows: (1) May 2: Public Hearing Notice was issued (a) Notice included a “current not to exceed amount” of $34M; and (b) After consulting with Bond Counsel and Financial Advisors this amount was increased to $35M to provide flexibility for market changes and costs of issuance; (2) May 13: Council adopts Initial Resolution for and holds public hearing; (3) May 27: Council adopts Approving Resolution; (4) June 3: Local Government Commission (LGC) approval; (5) June 11: Sale of 2025B LOBS Bonds; and (6) June 25: 2025B LOBS Bonds Closing. ​ Mayor Manheimer opened the public hearing at 6:27 p.m., and when no one spoke, she closed the public hearing at 6:27 p.m. ​ Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read. ​ ​ ​

Background:

• ​ The City and the County have an existing agreement in place for the County to bill and collect property taxes for the City.
• ​ The current agreement was entered into by the City and the County in 2019 and extended in 2022 through June 2025.
• ​ The County is proposing another three-year extension of the agreement under the same terms of the existing agreement.
• ​ Under those terms, The City will pay the County a flat fee of $945,150 beginning July 1, 2025 for billing and collecting City taxes, with an automatic annual escalation rate of 2.5% in each successive year.
• ​ The new agreement also incorporates the terms and fees associated with the addendum that Council approved in March related to the additional fee for billing and collecting Asheville Downtown Business Improvement District (BID) taxes. Pro(s):
• ​ Extends the Tax Collections Agreement in a way that is mutually agreed upon by both the City and County. Con(s):
• ​ None.

Fiscal Impact:

• ​ The City budgets for these fees on an annual basis. Staff has included the fiscal year 2025-26 fee of $945,150 in the Proposed General Fund budget. The BID fee will be paid from taxes collected from the BID and included in that fund’s budget.

Background: ​ ​

• ​ This is a $5.0 million loan from FEMA to provide funding to help local governments that have incurred a significant loss in revenue, due to a major disaster, that has or will adversely affect their ability to provide essential municipal services.
• ​ CDL funds may be used to continue or expand existing essential municipal services to meet disaster-related needs
• ​ The standard loan is for five years. However, it may be extended to 10 years depending on circumstances.
• ​ The City will pay interest on the loan based on current interest rates as determined by FEMA.
• ​ There is the possibility that the loan could be forgiven by Congressional action.
• ​ City staff has included the $5.0 million from the loan in its fiscal year (FY) 2025-26 Proposed Budget in order to continue providing essential services in the General Fund and minimize the property tax rate increase needed to balance the budget. Pro(s):
• ​ CDL funds can be used to carry on existing essential municipal services or to expand such essential functions to meet disaster-related needs. Con(s):
• ​ Unless forgiven by Congressional action, the City will pay interest on the loan amount that it utilizes.

Fiscal Impact:

• ​ As noted above, staff has included the $5.0 million loan as a revenue in the FY 2025-26 Proposed Budget. Once the paperwork associated with the loan is finalized, which may take several months, the City will be eligible to draw down up to $5.0 million as a revenue in FY 2025-26.
• ​ Unless forgiven by Congress, the loan will be paid back on a five-year or ten-year schedule. The interest rate on the loan will be determined based on market rates at the time of signing. Current rates are around 4%.

Background:

• ​ The Asheville Fire Department is equipping a new Heavy Rescue Apparatus. The new apparatus will contain all the equipment to execute a rescue or sustain initial operational ​ ​  period in (High angle, trench, structural collapse, confined space, water, vehicle/machinery entrapment).
• ​ When called to an event as a local resource this apparatus will be able to initiate initial operations that set up the event for prolonged success with interoperable equipment.
• ​ When called as a NC EM or resource to the Task Force the apparatus will have all interoperable equipment to engage with NC resources as well as be the primary asset for a complete trench, structural collapse, or heavy vehicle strut complement.
• ​ All NC Emergency Management resources are equipped with Paratech rescue struts and equipment.

Vendor Outreach Efforts:

• ​ Researched cooperative purchasing listings for Paratech. None found.
• ​ Contact Paratech company. referred to TEAM regional.
• ​ Team is the eastern US vendor for Paratech. They award local vendors based on area/region.
• ​ Safe Industries is the sole distributor to North and South Carolina.
• ​ Letter from Safe Industries to confirm above claims. Committee(s):
• ​ None Pro(s):
• ​ Sole source for Paratech. Thorough knowledge of equipment and maintenance. Existing relationship as purchaser and vendor. Con(s):
• ​ If the sole source is not authorized, and a bid is issued, this vendor is the only one legally eligible to respond to the bid.

Fiscal Impact:

• ​ Funding for this purchase will come from the approved budget within the Capital Improvement Program (CIP) as part of the annual vehicle replacement program.

Background:

• ​ On January 14, 2025 City Council approved Resolution no. 25-2 authorizing the City manager to execute a licensing agreement with Highland Brewing Company for emergency related temporary public access to the Gashes Creek Neighborhood.
• ​ Due to the flooding caused by Tropical Storm (TS) Helene and the subsequent ‘wash out’ of the Azalea Rd bridge at recreation park, and the wash out of Azalea Rd 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.
• ​ The terms of the license agreement included the base fee and monthly fees associated with use of the property from October 2024 through the end of March 2025, however the total ‘not to exceed’ value listed on the resolution included an administrative error. This resolution seeks to correct this error listing the total not to exceed amount as $375,000, not the previously incorrect amount of $325,000. ​ ​
• ​ In addition, COA Public Works provided a repair/replacement estimate to best determine real adjusted cost to restore to condition prior to public use. 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:

• ​ Total cost of use of licensed property not to exceed $375,000.
• ​ The contract is expected to be fully reimbursed with FEMA Public Assistance funding.

Background:

• ​ Approval of the contract will allow the City’s lobbyist to continue providing legislative services to the North Carolina General Assembly and related State entities.
• ​ The City’s lobbyist provides valuable services through advocating the City’s legislative agenda, lobbying against bills which would be harmful to the City, and providing general counsel to the City and its elected officials on matters dealing with the State Legislature.
• ​ The current contract will expire June 30, 2025.
• ​ In February 2025 the Legal Department issued 298-RFP-North Carolina Lobbyist-FY26.
• ​ Four proposals were received, two were deemed responsive.
• ​ Blanchard, Miller, Lewis, & Isley, P.A. submitted the highest scoring proposal, and had the lowest cost for the initial year of service. ​ ​
• ​ In order to maintain lobbying services, it is necessary to initiate a new contract by July 1, 2025.

Vendor Outreach Efforts:

• ​ Vendor is self performing
• not applicable. Committee(s):
• ​ N/A Pro(s):
• ​ Provide continued legislative services in the General Assembly. Con(s):
• ​ None

Fiscal Impact:

• ​ In consideration of the adverse effect of Hurricane Helene on the City’s budget, the winning lobbying firm agreed to reduce their yearly cost from $84,000 to $78,000 for the first year of the agreement.
• ​ Funding for the contract is included in the General Fund Budget.

Background:

• ​ Sullivan Soft Wash provides pressure washing services in City-owned public parking garages and was selected through a competitive informal bid process in 2024.
• ​ The City of Asheville awarded a contract to Sullivan Soft Wash in August 2024 for an initial term of one year, with two one-year renewal options.
• ​ Council authorization is required for general service contracts that will exceed $90,000.
• ​ The annual 1st year contract amount was $69,960, and renewal will bring the total contract amount above the $90,000 threshold, requiring Council authorization.
• ​ Staff seeks Council approval to execute both renewal options and increase the contract amount by up to $146,040 for a total contract amount not to exceed $216,000.
• ​ Regular pressure washing of City parking garage stairwells has increased the cleanliness of facilities and improved customer satisfaction. ​ ​

Vendor Outreach Efforts:

• ​ This is an existing contract that is coming to the end of its first year of a three year contract option, and no further outreach was done.
• ​ At the time the contract was issued for competitive bid, it followed the City’s process and included ABI outreach processes.
• ​ At the time of the bidding, no MWBE submitted a bid. Committee(s):
• ​ None Pro(s):
• ​ This action will support the continuation of current/existing cleaning services in City-Owned Garages Con(s):
• ​ None

Fiscal Impact:

• ​ Funding for this contract is available in the Parking Services Fund operating budget.
• ​ The total contract amount is $216,000, which reflects $69,960 for the first year, and $146,040 for the two one-year renewal options.
• ​ Funding for the first year of the contract has already been budgeted in FY25 and additional funds will be budgeted in future annual Parking Services operating budgets.

Background:

• ​ Asheville Rides Transit provides daily service between Downtown Asheville and Black Mountain via Route 170.
• ​ Black Mountain has provided $25,000 to support the cost of operating the route for the last three fiscal years and has agreed to provide $25,000 for FY26 as well.
• ​ An executed agreement is necessary to receive and expend the funds for transit operations.
• ​ 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 FY26.
• ​ 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. This is an interlocal agreement between the City and the Town of Black Mountain. Committee(s):
• ​ N/A Pro(s):
• ​ The $25,000 in revenue for FY26 will help to offset existing transit service costs, reducing the overall General Fund contribution to the Transit Operating Fund. Con(s):
• ​ None

Fiscal Impact:

• ​ The $25,000 in revenue for FY26 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 budget for FY 2026.

Background:

• ​ The City contracts with Buncombe County to provide the City’s federally required ADA Paratransit Services.
• ​ The contract cost for FY26 is estimated to be a maximum of $1,242,622 and is based on the per-mile rate of $3.37 and anticipated number of service miles to be provided.
• ​ Funding to pay for the Paratransit Services contract is included in the proposed Transit Operations Fund for FY26.

Vendor Outreach Efforts:

• ​ N/A. This is a current contract. ​ ​  Committee(s):
• ​ None. This is an administrative action. Pro(s):
• ​ Supports the continuation of current/existing paratransit services.
• ​ Ensures sufficient funding to pay for services as required by the contractual agreement. Con(s):
• ​ None

Fiscal Impact:

• ​ The contract cost for FY26 is estimated to be a maximum of $1,242,622, which is included in the proposed FY26 Transit Operations Fund budget.

Background:

• ​ The City of Asheville contracts out the operations and maintenance of the Asheville Rides Transit (ART) fixed-route transit system.
• ​ In 2017, the City of Asheville issued a request for proposals (RFP) for the operations and maintenance of ART. RATPDev USA was selected to be the contractor.
• ​ The initial contract was for 4 years and ended June 30, 2021.
• ​ The contract allowed for two 2-year optional contract extensions (for a total of another 4 years).
• ​ The City opted to exercise the first of the 2-year optional contract extensions, which began July 1, 2021 and ended June 30, 2023.
• ​ The City opted to exercise the second of the 2-year optional contract extensions, which began July 1, 2023 and will end June 30, 2025.
• ​ Amendment 1 was approved in August of 2019 and was done to reflect the increased services (and budget) that were implemented in January 2020.
• ​ Amendment 2 was approved in October 2021 (FY22) and included the annual increase to the base contract to reflect increases to the revenue-hour rate and monthly fixed fees.
• ​ Amendment 3 included an increase over the FY22 contract amount of $953,835, for a total of $10,107,322. This funding was included in the approved FY23 Transit Operations budget and included the following: ​ ​
• ​ $402,835
• annual increase to the base contract that reflected increases to the revenue-hour rate and monthly fixed fees.
• ​ $551,000
• provided to fund a wage increase of $2.00 per hour for RATPDev ART staff.
• ​ Amendment 4 was approved in June 2023 and included an increase over the FY23 contract amount of $538,607, for a total of $10,645,929 for base/existing services. An additional $326,793 was later added to the contract for FY23 to cover additional maintenance costs that were incurred due to the age of the ART fleet.
• ​ Amendment 5 was approved in June 2024 and included an increase of $558,350 over the FY24 contract amount, for a total of $11,204,300 for base/existing services.
• ​ Amendment 6 (this action) seeks to do two things:
• ​ Extend the contract by one year beyond the original end date of June 30, 2025 to include a ninth year that would provide the same level of transit service from July 1, 2025 to June 30, 2026.
• ​ Add $11,800,000 to the contract to cover transit operations and maintenance for the ninth and final year of the contract. This represents an increase of $605,716 over the FY25 contract amount and includes approximately $150,000 in additional funds to cover bus maintenance due to the age of the ART fleet if needed.
• ​ The request for the one-year extension is in response to Hurricane Helene and the need to ensure that a thorough procurement process for a new Transit Operations and Maintenance contract would be possible. The extension provides staff with the time necessary to carry out the procurement process, ensure community engagement takes place, and provides adequate time to transition to a new contractor, should that be necessary.
• ​ Staff has already begun work on the procurement process and anticipates releasing the RFP in the fall of 2025.

Vendor Outreach Efforts:

• ​ N/A. This is a current contract. An extensive outreach process was conducted in 2017 when the transit operations and maintenance contract was put out for bid. Committee(s):
• ​ None Pro(s):
• ​ Supports the continuation of current/existing transit service levels. Con(s):
• ​ Will result in increased transit operational costs for the current/existing service levels.

Fiscal Impact:

• ​ Add $11,800,000 to the contract to cover transit operations and maintenance for the ninth and final year of the contract. This represents an increase of $605,716 over the FY25 contract amount and includes approximately $150,000 in additional funds to cover bus maintenance due to the age of the ART fleet if needed.
• ​ The FY26 proposed Transit Services Fund budget includes the increase to the contract with RATPDev. ​ ​

Motion:

• ​ Motion to adopt a resolution authorizing the City Manager to amend the existing Transit Operations and Maintenance Contract between the City of Asheville and RATPDev USA to extend the contract for one year and to add $11,800,000 for Fiscal Year 2026. ​ ​ ​ U.​ RESOLUTION NO. 25-102
• RESOLUTION ACCEPTING A RESCISSION OF $864,334 OF 5307 URBAN FEDERAL TRANSIT GRANT FUNDS FROM BUNCOMBE COUNTY AND INCLUDE THE FUNDS IN THE FISCAL YEAR 2026 TRANSIT OPERATIONS FUND

Background:

• ​ The City’s share of dedicated Federal Transit Administration (FTA) non-competitive formula grant funding has decreased over the past several years due to changes to the allocation formula made by the Metropolitan Planning Organization (MPO) in 2015.
• ​ Rising operational costs and a reduced percentage of FTA formula grant funding has limited the City’s ability to invest in growth of the transit system or needed capital.
• ​ On February 4, 2025, the Buncombe County Board of Commissioners approved the rescission of $864,334 in FTA grant funds to the City.
• ​ The following four requests were outlined by the County with regard to rescinding the funds: i.​ Accepting the funds under the expectation that no additional funds will be requested for the continued operation of the New Leicester Highway Extension & Route 170 in FY2026 (accounts for $301,520 of the rescission); ii.​ The City agreed to not apply for FY26 Section 5310 Funding through the French Broad River MPO in order for the County to receive more funds through this program (transportation services for seniors and people with disabilities). This equates to roughly $150,000 in funds that the City would typically apply for. iii.​ Evaluating WE2 Route changes to improve the connection to Buncombe County’s Enka-Candler Trailblazer Route; and iv.​ Evaluating increased trip frequency for the S3 and S6 routes serving south Asheville.
• ​ Requests i. and ii. will be honored thus reducing the County’s FY26 financial obligations by $451,520.
• ​ Requests iii. and iv. are carried over from the County’s request last year and the City intends to study both requests through the ART Comprehensive Operational Analysis, which kicked off with the Selected Consultant, Jarrett Walker & Associates, on April 11, 2025. Committee(s):
• ​ N/A ​ ​ Pro(s):
• ​ Acceptance of the Buncombe County rescinded transit funds results in approximately $412,817 in net new grant revenue for the Transit Fund.
• ​ Staff recommends including all of the rescinded funds (including the net new funds) in the FY 2026 Transit Operations budget to support funding the RAPTDev Operations and Maintenance Contract, which for FY 2026 is $605,716 more than the contract cost for FY 2025 for the same level of service. Con(s):
• ​ The rescinded funds are one-time (non-recurring) funds and require a 20% local match. The local match will be included in the Transit Operations Fund budget for FY 2026.

Fiscal Impact:

• ​ Accept $864,334 in rescinded 5307 Urban Transit Funds from Buncombe County’s FY2020 allocation to be budgeted within the Transit Operations Fund for FY 26. Buncombe County Rescission Amount 5307 Urban Transit Fund Annual Allocation to Buncombe Co. (FY 2020 funds) $782,544 Section 5307 Job Access Reverse Commute (JARC) (FY 2020 Funds) $81,794 Total Rescinded $864,334 City’s annual request to Buncombe Co. for Route 170 & New Leicester -$301,520 Highway Route Agreement w/ Buncombe Co. for City to not apply for 5310 -$150,000 Total net new funding available for FY 2026 $412,817
• ​ Staff recommends budgeting all funds in the Transit Operations Fund for FY 2026 and utilizing the net new funds to offset the increased cost to provide the existing level of transit service in FY 2026.
• ​ The rescinded funds are one-time (non-recurring) funds and require a 20% local match.

Background:

• ​ The City’s share of dedicated Federal Transit Administration (FTA) non-competitive formula grant funding has decreased over the past several years due to changes to the allocation formula made by the Metropolitan Planning Organization (MPO) in 2015.
• ​ Rising operational costs and a reduced percentage of FTA formula grant funding has limited the City’s ability to invest in growth of the transit system or needed capital.
• ​ On February 4, 2025, the Buncombe County Board of Commissioners approved the rescission of $864,334 in FTA grant funds to the City.
• ​ The following four requests were outlined by the County with regard to rescinding the funds: i.​ Accepting the funds under the expectation that no additional funds will be requested for the continued operation of the New Leicester Highway Extension & Route 170 in FY2026 (accounts for $301,520 of the rescission); ii.​ The City agreed to not apply for FY26 Section 5310 Funding through the French Broad River MPO in order for the County to receive more funds through this program (transportation services for seniors and people with disabilities). This equates to roughly $150,000 in funds that the City would typically apply for. iii.​ Evaluating WE2 Route changes to improve the connection to Buncombe County’s Enka-Candler Trailblazer Route; and iv.​ Evaluating increased trip frequency for the S3 and S6 routes serving south Asheville.
• ​ Requests i. and ii. will be honored thus reducing the County’s FY26 financial obligations by $451,520.
• ​ Requests iii. and iv. are carried over from the County’s request last year and the City intends to study both requests through the ART Comprehensive Operational Analysis, which kicked off with the Selected Consultant, Jarrett Walker & Associates, on April 11, 2025. Committee(s):
• ​ N/A ​ ​ Pro(s):
• ​ Acceptance of the Buncombe County rescinded transit funds results in approximately $412,817 in net new grant revenue for the Transit Fund.
• ​ Staff recommends including all of the rescinded funds (including the net new funds) in the FY 2026 Transit Operations budget to support funding the RAPTDev Operations and Maintenance Contract, which for FY 2026 is $605,716 more than the contract cost for FY 2025 for the same level of service. Con(s):
• ​ The rescinded funds are one-time (non-recurring) funds and require a 20% local match. The local match will be included in the Transit Operations Fund budget for FY 2026.

Fiscal Impact:

• ​ Accept $864,334 in rescinded 5307 Urban Transit Funds from Buncombe County’s FY2020 allocation to be budgeted within the Transit Operations Fund for FY 26. Buncombe County Rescission Amount 5307 Urban Transit Fund Annual Allocation to Buncombe Co. (FY 2020 funds) $782,544 Section 5307 Job Access Reverse Commute (JARC) (FY 2020 Funds) $81,794 Total Rescinded $864,334 City’s annual request to Buncombe Co. for Route 170 & New Leicester -$301,520 Highway Route Agreement w/ Buncombe Co. for City to not apply for 5310 -$150,000 Total net new funding available for FY 2026 $412,817
• ​ Staff recommends budgeting all funds in the Transit Operations Fund for FY 2026 and utilizing the net new funds to offset the increased cost to provide the existing level of transit service in FY 2026.
• ​ The rescinded funds are one-time (non-recurring) funds and require a 20% local match.

Background: ​ ​

• ​ The Parks & Recreation Department maintains over 87 acres at Riverside Cemetery.
• ​ The City of Asheville’s Riverside Cemetery has received unclaimed cremated remains from BCHHS for years, currently having interred the unclaimed remains of 268 individuals.
• ​ City of Asheville staff were not able to locate a written agreement for this service.
• ​ Given the sensitive nature of interments and concerns over the legality of continuing this practice a written agreement is being proposed.
• ​ The City receives $100 per interment and bills BCHHS for the cost of this service.​

Vendor Outreach Efforts:

• ​ N/A Committee(s):
• ​ None Pro(s):
• ​ Continues existing service to deceased citizens with no known next of kin
• ​ Fees cover operational costs of Riverside Cemetery Con(s):
• ​ None

Fiscal Impact:

• ​ Funding for this agreement exists within the currently approved Parks & Recreation department operating budget.

Background:

• ​ On April 24, 2007 City Council authorized Resolution 07-90 establishing energy and conservation goals and benchmarks, including a 2% annual reduction in CO2 emissions.
• ​ On April 12, 2011 City Council authorized Resolution 11-77 increasing the emissions reduction goal to 4% annually for five years.
• ​ City staff have tracked annual CO2 emissions since 2008 and have used third-party software to support the effort since 2019.
• ​ Carbon emissions tracking software streamlines the process for collecting and evaluating emission reductions from building energy and fleet.
• ​ City staff completed an RFP process and Enpira received the highest score. ​ ​
• ​ The current requested resolution would authorize a 2-year contract totaling $42,500 with an option to renew annually for three additional 1 year periods, bringing the five-year contract total above the council approval threshold to $117,500.

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.
• ​ Staff also used the City of Asheville ABI Vendor spreadsheet to identify potential qualified MWBE contractors for RPF outreach.
• ​ There were six responsive proposals submitted including one Minority and Women-Owned business.
• ​ The selected highest ranking firm is not a Minority or Women-Owned Business Enterprise (MWBE) and will self-perform all work.
• ​ The contractor was selected based on the qualifications, understanding of the scope of services, and cost. Committee(s):
• ​ None Pro(s):
• ​ Enpira has worked with the City of Asheville as a contractor since 2022 and has worked with staff to improve the carbon emission tracking process.
• ​ Enpira provides similar services to other North Carolina municipalities and has experience working with our utility provider.
• ​ Effective emissions data collection and analysis allows City staff to evaluate progress toward City Council goals and to prioritize actions based on the results.
• ​ As City staff improves reporting processes, more time is available for other priorities. Con(s):
• ​ None

Fiscal Impact:

• ​ The initial 2 year contract will total $42,500. If all 3 annual renewals are used the five year contract total is not to exceed $117,500.
• ​ Year 1 contract funding is available in the FY25 Sustainability Budget, year 2 funding is currently budgeted in the FY26 department budget.
• ​ Contract terms state that renewals depend on available funding approved in future budgets.

Background:

• ​ Council approved Resolution 24-94 on May 14th, 2024, to enter into a contract based on Request for Proposals (298-RFP-HDRepair-FY24) advertised in February 2024.
• ​ Atlantic Emergency Solutions was awarded a contract effective 7/1/2024.
• ​ The original Contract amount for the initial one (1) year term to be $50,000.00 with a total not-to-exceed contract amount of $150,000.00 for all three (3) years (if both optional renewals are exercised).
• ​ As of January 2025, we had expended approximately $48,000.00 of the predicted $50,000.00 needed for the initial one (1) year term.
• ​ Between July 1st 2024 and January 1st 2025, the contract was utilized to pay 12 invoices averaging approximately $4000.00 each.
• ​ Most of these invoices were related to drivability issues. The largest expense was the replacement of the pack cylinders on Unit# 384 totaling $20,185.82.
• ​ On February 11th, 2025, Council approved Resolution 25-22 to amend the contract to add an additional $50,000.00 per year bringing it to $100,000.00 per year and a total not -to-exceed amount of $300,000.00 (if both optional renewals are exercised)
• ​ Between January 1st 2025 and April 1st 2025, the contract was utilized for an additional 7 invoices averaging approximately $6500.00.
• ​ As of April 1st we have expended approximately $93,000.00 of the amended $100,000.00 with most of these invoices related to routine maintenance, drivability, and electrical issues.
• ​ Repairs on Unit# 243 that included an engine reseal were originally estimated at $11,980.05, during the course of repairs it was determined that the turbos needed to be replaced and resulted in the invoice totaling $21,212.62.
• ​ This additional amount will put the contract over the Not-to-Exceed amount of $100,000.00.
• ​ A contract amendment is needed in the amount of $30,000.00 per year, bringing the total not-to-exceed amount to $130,000.00 per year, for a total of $390,000.00 for all three (3) years if both optional renewals are exercised.

Vendor Outreach Efforts:

• ​ Fleet staff worked alongside ABI Office throughout the Request for Proposals (RFP) and Selection process conducted in 2024 to ensure opportunities were extended to any and all Vendors.
• ​ The RFP was advertised according to City’s ABI and Purchasing Policies and Procedures.
• ​ Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Electronic Vendor Portal (eVP).
• ​ The Asheville Business Inclusion Office’s list of City Vendors for Outreach was consulted for any known relevant vendors before the RFP was advertised.
• ​ No Minority and women owned Business Enterprise (MWBE) vendors were identified during this process. Committee(s):
• ​ None Pro(s):
• ​ Allows third party service work as a supplement to in house staff.
• ​ Allows for a quicker and more efficient process in the repair of downed vehicles.
• ​ Returns City vehicles to service in a timely manner.
• ​ Provides flexibility in service delivery without significant capital investment in equipment or facilities that aren’t used on a daily basis.
• ​ Avoids the cost of transporting inoperable vehicles between vendors to obtain multiple quotes.
• ​ Maintain a healthy working relationship with the Vendor by ensuring timely payments. Con(s):
• ​ None

Fiscal Impact:

• ​ Funding for this contract is available in the Fleet Division’s operating budget.

Background:

• ​ At the end of September 2024, the City of Asheville experienced large-scale devastation and destruction as a result of Tropical Storm Helene that has affected residents, businesses and city-owned property and infrastructure.
• ​ On September 28th, the Federal Emergency Management Agency (FEMA) issued a major ​ ​  disaster declaration for the State of North Carolina.
• ​ City staff has identified the first round of small permanent projects associated with Helene recovery.
• ​ The staff has identified 23 projects with an estimated project cost of $3,540,000 with a contingency of $354,000, for a total of $3,894,000.
• ​ In order to meet state statute requirements related to pre-audits and budget authorizations, it is recommended that City Council adopt a budget amendment for expenses as quickly as possible after expenses start being incurred.
• ​ The City has and will continue to incur expenses related to Tropical Storm Helene Disaster Recovery.
• ​ Additional budget amendments will be brought forward to City Council in future meetings for additional projects.

Vendor Outreach Efforts:

• ​ N/A Committee(s):
• ​ N/A Pro(s):
• ​ Allows the City to budget for small permanent projects related to Tropical Storm Helene recovery. Con(s):
• ​ None

Fiscal Impact:

• ​ This amendment will add $3,894,000 to the City’s General Capital Projects Fund budget which is expected to be fully reimbursed with FEMA funds.