# City Council Meeting (Dec 10, 2024)

**Body:** City of Asheville — City Council
**Date:** December 10, 2024 12:00 PM EST (2024-12-10T12:00:00-05:00)

**Link:** https://sunshinemeetings.org/event/1524

## Summary

On December 10, 2024, the Asheville City Council held a regular meeting that focused heavily on the city’s financial standing and its ongoing recovery efforts following Tropical Storm Helene. The agenda included a review of the Fiscal Year 2024 (FY24) audit, the allocation of federal disaster recovery funds, and the ratification of numerous emergency contracts entered into during the storm response.

**Key Decisions**
The Council unanimously approved (7-0) a series of resolutions and ordinances, primarily related to emergency infrastructure repairs and financial compliance. Key votes included:
*   **Emergency Contract Ratifications:** The Council ratified emergency contracts with CDM Smith, Inc.; State Utility Contractors, Inc.; Schnabel Engineering South P.C. (for both North Fork and Bee Tree Dam repairs); and Phillips and Jordan, Inc. These contracts address damage to water production facilities, dams, and spillways.
*   **Fees and Charges:** The Council passed an ordinance repealing and re-adopting the Fiscal Year 2024-25 Fees and Charges Manual. This allows the City Manager to waive or modify fees during declared states of emergency without a prior public hearing.
*   **Disaster Recovery Funding:** The Council approved amendments to the Community Development Block Grant (CDBG) Annual Action Plan and a technical budget amendment to accept $1,748,141 in disaster recovery funds from the U.S. Department of Housing and Urban Development (HUD).
*   **Bond Referendum:** The Council certified the results of the special bond referendum held on November 5, 2024, which approved $80 million in bonds for housing, transportation, parks, and public safety.
*   **Other Approvals:** The Council also unanimously approved resolutions for a contract with DEC Associates for financial advisory services, an amendment to the Commonwealth Golf Partners II agreement, an interlocal agreement with Buncombe County for the McCormick Field renovation, and a technical budget amendment for year-end encumbrances.

**Discussion Highlights**
The primary discussion centered on the FY24 audit presentation by Finance Director Tony McDowell and auditors from Cherry Bekaert. The city received an "unmodified" or "clean" audit opinion, indicating no material misstatements in its financial statements. However, the unassigned fund balance in the General Fund decreased from 18.8% to 16.8%, though it remains above the city’s 15% policy threshold. Because this decrease triggers a requirement under the Local Government Commission’s (LGC) Financial Performance Indicators program, staff must submit a written response to the LGC within 60 days.

Council members also discussed the proposed allocation of the $1.7 million in HUD disaster recovery funds. The plan designates $624,000 for business restabilization grants, $624,000 for rental assistance, $250,000 for homeless emergency shelter support, and $250,141 for CDBG program administration. Additionally, funds previously allocated for Stephens-Lee Community Center outdoor improvements were redirected to Parks and Recreation for disaster recovery needs. During the discussion, Council members explored partnering with Buncombe County to distribute rental assistance, citing the county’s existing infrastructure and concerns about the timeliness of the current disbursement process.

**Follow-ups**
Staff agreed to prepare the required written response to the Local Government Commission regarding the decrease in the General Fund balance. Staff also agreed to continue discussions with Buncombe County regarding a potential partnership for the distribution of rental assistance funds. Furthermore, staff will bring recommendations for a long-term plan regarding the lease agreement and operations of McCormick Field to the Council before March 31, 2025.

**Impact**
These decisions formalize the city’s financial response to Tropical Storm Helene, ensuring that emergency repairs to critical water infrastructure are legally ratified and that federal funds are properly allocated to support affected residents and businesses. The re-adoption of the Fees and Charges Manual provides the City Manager with the flexibility to quickly waive fees in future emergencies, while the certification of the bond referendum results moves the city toward the next steps in securing long-term funding for capital projects.

## Agenda

- [Approval of the (1) combined minutes of the agenda briefing worksession held on November 7, 2024, and the formal meeting held on November 12, 2024; and (2) organizational meeting held on December 2, 2024.](https://sunshinemeetings.org/event/1524/item/20215)
- [Resolution ratifying an emergency contract with CDM Smith, Inc., for professional services for the North Fork Water Production Facility Tropical Storm Helene Emergency Response.](https://sunshinemeetings.org/event/1524/item/9033)
- [Resolution ratifying an emergency contract with State Utility Contractors, Inc for the North Fork Water Treatment Plant / Burnette Reservoir Emergency Response for Tropical Storm Helene.](https://sunshinemeetings.org/event/1524/item/9034)
- [Resolution ratifying a contract with Schnabel Engineering South P.C. entered into on an emergency basis in the immediate aftermath of Tropical Storm Helene, for evaluation and engineering services to repair attributes of the Bee Tree Dam and Spillway.](https://sunshinemeetings.org/event/1524/item/9035)
- [Resolution ratifying a contract with Schnabel Engineering South P.C. entered into on an emergency basis in the immediate aftermath of Tropical Storm Helene, for evaluation and engineering services to repair attributes of the North Fork Dam and Spillways.](https://sunshinemeetings.org/event/1524/item/9036)
- [Resolution ratifying a contract with Phillips and Jordan, Inc. entered into on an emergency basis in the immediate aftermath of Tropical Storm Helene, to provide emergency repairs to attributes of the North Fork and Bee Tree Dams and Spillways.](https://sunshinemeetings.org/event/1524/item/9037)
- [Resolution ratifying an interlocal agreement with Buncombe County entered into on an emergency basis to establish the terms and conditions under which the County will facilitate the private and commercial property debris removal and waterway debris removal intake process for City of Asheville property owners.](https://sunshinemeetings.org/event/1524/item/9038)
- [Ordinance that: (1) repeals ordinance 5066, which adopted the Fiscal Year 2024-25 Fees and Charges Manual; (2) re-adopts the Fiscal Year 2024-25 Fees and Charges Manual including certain amendments; (3) authorizes the City Manager or any of their designees to waive, suspend, defer, or modify any fee or charge, whose adjustment does not require a public hearing prior to adoption, in the re-adopted Fiscal Year 2024-25 Fees and Charges Manual for any period during any declared state of emergency or disaster covering any part of the City of Asheville (including any City, County, state or Federal state of emergency or disaster declaration); (4) ratifies any and all Helene-related waivers, suspensions, deferrals, or modifications of any City fees and charges that have already occurred; and (5) continues each of these Helene-related waivers, suspensions, deferrals, or modifications of any City fees or charges until either the City Manager or their designee determines that they should not be continued or until all parts of the City of Asheville are no longer covered under a declared state of emergency or disaster, whichever occurs sooner.](https://sunshinemeetings.org/event/1524/item/9039)
- [Resolution ratifying the Mountain Capital Community Fund’s (MCCF) operating agreement with the City of Asheville, Buncombe County, Self-Help Ventures, Mountain BizWorks, and Carolina Small Business Development Fund for the continued operation of the MCCF program.](https://sunshinemeetings.org/event/1524/item/9040)
- [Resolution authorizing the City Manager to execute a contract amendment with Carolina 1926 LLC d/b/a Carolina Cat for equipment rentals utilized by multiple departments.](https://sunshinemeetings.org/event/1524/item/9041)
- [Resolution authorizing the City Manager to execute a contract amendment with United Rentals (North America), Inc for equipment rentals utilized by multiple departments.](https://sunshinemeetings.org/event/1524/item/9042)
- [Resolution authorizing the City Manager to enter into a sole source contract with Nicor Inc. as a sole source provider of composite meter enclosure lid(s), lid ring(s), associated lid hardware, and accessories in connection with the Advanced Metering Infrastructure System.](https://sunshinemeetings.org/event/1524/item/9043)
- [Resolutions authorizing the City Manager to amend the contracts with Weisiger Group / DBA Carolina Caterpillar and Freightliner of Arizona / DBA Velocity Truck Center for Heavy Truck Repair and Service to supplement Fleet Maintenance capacity.](https://sunshinemeetings.org/event/1524/item/9044)
- [Resolution authorizing sole source purchasing procurement with Speed Shore for trench safety shoring equipment for the Stormwater Division of Public Works.](https://sunshinemeetings.org/event/1524/item/9045)
- [Resolution certifying and declaring the results of the special bond referendum on the bond orders authorizing the issuance of general obligation bonds held for the City of Asheville, North Carolina on November 5, 2024.](https://sunshinemeetings.org/event/1524/item/9046)
- [Technical budget amendment in each of the City’s annual operating funds to appropriate from restricted and assigned fund balance the required budget authorization for prior year contracts, purchase orders, and other carry-over appropriations that rolled forward to Fiscal Year 2024-25.](https://sunshinemeetings.org/event/1524/item/9047)
- [Resolution authorizing the City Manager to enter into a new one-year contract for financial advisory services with DEC Associates with two one-year renewal options.](https://sunshinemeetings.org/event/1524/item/9048)
- [Resolution authorizing the City Manger to execute an amendment to the existing licensing and management/ operations agreement with Commonwealth Golf Partners II - Asheville, LLC for the purpose of management of the Asheville Municipal Golf Course.](https://sunshinemeetings.org/event/1524/item/9049)
- [Resolution authorizing the City Manger to execute an interlocal agreement with Buncombe County for financial contributions to the McCormick Field renovation project.](https://sunshinemeetings.org/event/1524/item/9050)
- [Resolution authorizing the City Manager to execute a contract with Pyatt Heating & Air Company Inc. for the purchase & installation of HVAC Equipment at Harrah’s Cherokee Center - Asheville.](https://sunshinemeetings.org/event/1524/item/9051)
- [Resolution authorizing the City Manager to execute a one-year renewal contract with Marathon Health to provide ongoing employee health clinic management, and healthcare services for employees and their dependents at the Employee Health Center.](https://sunshinemeetings.org/event/1524/item/9052)
- [Resolution authorizing the City Manager to execute a lease with CIVIL SLOPE LLC and/or SubLessee at 84 Coxe Avenue, Suite 240, Asheville, NC, to provide ongoing operations of the City’s Employee Health Services Clinic for employees and their dependents; and to execute any necessary change orders to said lease.](https://sunshinemeetings.org/event/1524/item/9053)
- [Resolution authorizing the City Manager to execute a three-year contract with Flowbird, Inc., with options to renew for two additional years, for the purpose of providing mobile payment options for parking meters; and to authorize a six-month extension of the current mobile payment contract with Passport, Inc. with a new total contract in order to provide customers a seamless transition to the new vendor.](https://sunshinemeetings.org/event/1524/item/9054)
- [Resolution authorizing the City Manager to execute a contract amendment with Passport LLC to authorize a one-year extension and add additional funding to ensure the continuation of parking enforcement services.](https://sunshinemeetings.org/event/1524/item/9055)
- [Budget amendment, in the amount of $4,810, to accept Emergency Solutions Grant funding from the NC Dept. of Health and Human Services.](https://sunshinemeetings.org/event/1524/item/9056)
- [Resolution authorizing the City Manager to enter into a construction contract with Site Development Corp. for the construction of the New Haw Creek Sidewalk project.](https://sunshinemeetings.org/event/1524/item/9057)
- [Resolution appointing Jack Igelman to the Mills River Partnership Board of Directors.](https://sunshinemeetings.org/event/1524/item/9058)
- [Resolution adopting the City Council 2025 Meeting Schedule.](https://sunshinemeetings.org/event/1524/item/9059)
- [Monthly municipal property tax refunds or releases per N.C. Gen. Stat. sec. 105-381.](https://sunshinemeetings.org/event/1524/item/9060)
- [Fiscal Year 2024 Audit Presentation](https://sunshinemeetings.org/event/1524/item/9061)
- [Public hearing to consider adoption of a (1) resolution authorizing amendments to the Fiscal Year 2024-2025 Community Development Block Grant (CDBG) Annual Action Plan of the 2020-2024 Consolidated Plan outlining new activities for disaster response, including Rental Assistance, Business Restabilization Grants, Homeless Emergency Shelter, and CDBG Program Administration; and repurposing funds allocated for City of Asheville Community Center Improvements - Stephens Lee for Parks & Recreation Disaster Recovery; and (2) budget amendment in the amount of $1,748,141 to adopt the additional funds for the Fiscal Year 2024-25 CDBG Fund budget.](https://sunshinemeetings.org/event/1524/item/9062)
- [Public hearing to consider proposed zoning text amendments to Chapter 7 of the City’s Unified Development Ordinance to better align existing city regulations with the North Carolina State Building Code.](https://sunshinemeetings.org/event/1524/item/9063)

## Votes

- Resolution ratifying an emergency contract with CDM Smith, Inc. — Passed, 7-0
- Resolution ratifying an emergency contract with State Utility Contractors, Inc — Passed, 7-0
- Resolution ratifying a contract with Phillips and Jordan, Inc. — Passed, 7-0
- Resolution ratifying the Mountain Capital Community Fund’s (MCCF) operating agreement — Passed, 7-0
- Resolution authorizing the City Manager to execute a contract amendment with Carolina 1926 LLC d/b/a Carolina Cat — Passed, 7-0
- Resolution authorizing the City Manager to execute a contract amendment with United Rentals (North America), Inc — Passed, 7-0
- Resolution authorizing the City Manager to enter into a sole source contract with Nicor Inc. — Passed, 7-0
- Resolutions authorizing the City Manager to amend the contracts with Weisiger Group / DBA Carolina Caterpillar and Freightliner of Arizona / DBA Velocity Truck Center — Passed, 7-0
- Resolution authorizing sole source purchasing procurement with Speed Shore — Passed, 7-0
- Resolution certifying and declaring the results of the special bond referendum — Passed, 7-0
- Technical budget amendment — Passed, 7-0
- Resolution authorizing the City Manger to execute an amendment to the existing licensing and management/operations agreement with Commonwealth Golf Partners II - Asheville, LLC — Passed, 7-0
- Resolution authorizing the City Manger to execute an interlocal agreement with Buncombe County — Passed, 7-0
- Resolution authorizing the City Manager to execute a contract with Pyatt Heating & Air Company Inc. — Passed, 7-0
- Resolution authorizing the City Manager to execute a one-year renewal contract with Marathon Health — Passed, 7-0
- Resolution authorizing the City Manager to execute a lease with CIVIL SLOPE LLC and/or SubLessee — Passed, 7-0
- Resolution authorizing the City Manager to execute a three-year contract with Flowbird, Inc. — Passed, 7-0
- Resolution authorizing the City Manager to execute a contract amendment with Passport LLC — Passed, 7-0
- Budget amendment — Passed, 7-0
- Resolution authorizing the City Manager to enter into a construction contract with Site Development Corp. — Passed, 7-0
- Resolution appointing Jack Igelman to the Mills River Partnership Board of Directors. — Passed, 7-0
- Resolution adopting the City Council 2025 Meeting Schedule. — Passed, 7-0
- Resolution ratifying a contract with Schnabel Engineering South P.C. — Passed, 7-0
- Resolution ratifying a contract with Schnabel Engineering South P.C. — Passed, 7-0
- Resolution ratifying an interlocal agreement with Buncombe County — Passed, 7-0
- Ordinance that: (1) repeals ordinance 5066, which adopted the Fiscal Year 2024-25 Fees and Charges Manual; (2) re-adopts the Fiscal Year 2024-25 Fees and Charges Manual including certain amendments; (3) authorizes the City Manager or any of their designees to waive, suspend, defer, or modify any fee or charge, whose adjustment does not require a public hearing prior to adoption, in the re-adopted Fiscal Year 2024-25 Fees and Charges Manual for any period during any declared state of emergency or disaster covering any part of the City of Asheville (including any City, County, state or Federal state of emergency or disaster declaration); (4) ratifies any and all Helene-related waivers, suspensions, deferrals, or modifications of any City fees and charges that have already occurred; and (5) continues each of these Helene-related waivers, suspensions, deferrals, or modifications of any City fees or charges until either the City Manager or their designee determines that they should not be continued or until all parts of the City of Asheville are no longer covered under a declared state of emergency or disaster, whichever occurs sooner. — Passed, 7-0
- Resolution authorizing the City Manager to enter into a new one-year contract for financial advisory services with DEC Associates — Passed, 7-0

## Video & Transcript

- Recording: https://www.youtube.com/watch?v=3cHS_xCq3So
- Transcript: https://sunshinemeetings.org/transcript/1275/segments
- Recording: https://www.youtube.com/live/72VgHy2JWDY?si=4mXvk1iLngLyD-1q
- Transcript: https://sunshinemeetings.org/transcript/1293/segments

## Documents

- [Consent AA - Mills River Partnership Bd Appt.pdf](https://sunshinemeetings.org/event/1524?document=3895)
- [Presentation - Staff - End Audit CFO Overview.pdf](https://sunshinemeetings.org/event/1524?document=3757)
- [Presentations - Auditor Letter.pdf](https://sunshinemeetings.org/event/1524?document=3763)
- [Public Hearing B - Flood Protection Ordinance Updates.pdf](https://sunshinemeetings.org/event/1524?document=3746)
- [Presentations - Annual Comprehensive Financial Report.pdf](https://sunshinemeetings.org/event/1524?document=3779)
- [Consent G - County Agrmt for Helene Debris .pdf](https://sunshinemeetings.org/event/1524?document=3870)
- [Consent T - Harrah's HVAC Equipment Replacement.pdf](https://sunshinemeetings.org/event/1524?document=3860)
- [Agenda - Spanish.pdf](https://sunshinemeetings.org/event/1524?document=3735)
- [Consent A - 12-2 Minutes.pdf](https://sunshinemeetings.org/event/1524?document=3927)
- [Consent U - Marathon Employee Health Center .pdf](https://sunshinemeetings.org/event/1524?document=3855)
- [Consent D - BT Dam - Schnabel.pdf](https://sunshinemeetings.org/event/1524?document=3887)
- [Consent A - 11-12 Minutes.pdf](https://sunshinemeetings.org/event/1524?document=3922)
- [Consent O - GO Bond Certification.pdf](https://sunshinemeetings.org/event/1524?document=3864)
- [Consent M - Fleet Heavy Repair Contracts.pdf](https://sunshinemeetings.org/event/1524?document=3791)
- [minutes_2024-12-10.pdf](https://sunshinemeetings.org/event/1524?document=3715)
- [Consent J - Carolina Cat Contract Amdt for Rental Equip.pdf](https://sunshinemeetings.org/event/1524?document=3876)
- [Public Hearing B - Presentation for Flood Protection Ordinance Updates.pdf](https://sunshinemeetings.org/event/1524?document=3726)
- [Consent BB - 2025 Mtg Schedule.pdf](https://sunshinemeetings.org/event/1524?document=3899)
- [Worksession - Recovery Efforts Outline.pdf](https://sunshinemeetings.org/event/1524?document=3732)
- [Consent R  - Muni Golf Course Agreement Amendment.pdf](https://sunshinemeetings.org/event/1524?document=3907)
- [Consent Y - Emergency Solutions Grant.pdf](https://sunshinemeetings.org/event/1524?document=3883)
- [Consent C - Burnett Reservoir Emergency Response - State Utility Contractors.pdf](https://sunshinemeetings.org/event/1524?document=3827)
- [Public Hearing A - Annual Action Plan Amdts 2024-2025.pdf](https://sunshinemeetings.org/event/1524?document=3892)
- [Consent K - United Rentals Contract Amdt for Equip Rentals.pdf](https://sunshinemeetings.org/event/1524?document=3796)
- [Public Hearing A - Presentation - AAP Amendments for Disaster Recovery.pdf](https://sunshinemeetings.org/event/1524?document=3721)
- [Consent CC - Tax Releases and Refunds  (16).pdf](https://sunshinemeetings.org/event/1524?document=3902)
- [Consent Q - Financial Advisory Services (1).pdf](https://sunshinemeetings.org/event/1524?document=3867)
- [Consent I - MCCF Ratification.pdf](https://sunshinemeetings.org/event/1524?document=3852)
- [Consent E - NF Dam - Schnabel.pdf](https://sunshinemeetings.org/event/1524?document=3833)
- [Agenda.pdf](https://sunshinemeetings.org/event/1524?document=3740)
- [agenda_2024-12-10.pdf](https://sunshinemeetings.org/event/1524?document=3711)
- [Consent F - NF & BT Dam .pdf](https://sunshinemeetings.org/event/1524?document=3839)
- [Consent X - Parking Enforcement - Passport.pdf](https://sunshinemeetings.org/event/1524?document=3804)
- [Consent S  - Interlocal Agreement - Buncombe County - McCormick Field.pdf](https://sunshinemeetings.org/event/1524?document=3911)
- [Presentations - Asheville FY24 Audit Presentation - Final.pdf](https://sunshinemeetings.org/event/1524?document=3751)
- [Consent N - Trench Safety.pdf](https://sunshinemeetings.org/event/1524?document=3799)
- [Consent B - CDM Smith - North Fork.pdf](https://sunshinemeetings.org/event/1524?document=3872)
- [Consent L - Nicor Sole Source AMI Lids.pdf](https://sunshinemeetings.org/event/1524?document=3807)
- [Consent P - Technical Amendment Encumbrance Roll.pdf](https://sunshinemeetings.org/event/1524?document=3918)
- [Consent V - 84 Coxe HR Employee Health Services.pdf](https://sunshinemeetings.org/event/1524?document=3879)
- [Consent Z - New Haw Creek Sidewalk .pdf](https://sunshinemeetings.org/event/1524?document=3844)
- [Consent H -  Fees and Charges Ratification.pdf](https://sunshinemeetings.org/event/1524?document=3784)
- [Consent W - Mobile Pay - Flowbird.pdf](https://sunshinemeetings.org/event/1524?document=3847)
- [Request - FY24 Amendment Year End Encumbrances.pdf](https://sunshinemeetings.org/event/1524?document=14901)

## Sources

- [City of Asheville WordPress](https://www.ashevillenc.gov/government/meetings/city-council-meeting-dec-10-2024/)
- [Agenda Briefing](https://drive.google.com/drive/folders/1VPA8BEa8X4TK0g2AxYGIf9lnPgGnsQ0D?usp=drive_link)
- [Resolutions](https://drive.google.com/file/d/17jNc7xlLbkYnASAbBvF4UvAE7j5VHRBA/view?usp=drive_link)
- [Ordinances](https://drive.google.com/file/d/17fYAW-MK-3zhMmtCozurrts2CyJC2ZfG/view?usp=drive_link)
- [Public Input](https://publicinput.com/g1267)
- [City Council agenda page](https://www.ashevillenc.gov/government/city-council-agenda/)