# City Council Meeting (Jan 9, 2024)

**Body:** City of Asheville — City Council
**Date:** January 9, 2024 12:00 PM EST (2024-01-09T12:00:00-05:00)

**Link:** https://sunshinemeetings.org/event/1942

## Summary

The Asheville City Council held a regular meeting on January 9, 2024, focusing on water infrastructure, contract approvals, board appointments, and public safety. The council approved a series of resolutions related to water management and construction, accepted a significant state grant for lead service line replacement, and introduced several new department heads. The meeting also included a public hearing on a zoning amendment and extensive public comment on local and international issues.

### Key Decisions and Votes

The council voted to approve a resolution accepting a $1,995,500 Lead Service Line Replacement Grant from the North Carolina Department of Environmental Quality (NCDEQ), with a corresponding budget amendment of the same amount. This vote passed 6-0. The grant is interest-free, with 70% of the funds potentially forgiven, and will be used to identify and replace lead and galvanized iron pipes at no cost to residents.

The council also approved the Water Shortage Response Plan 2022, which incorporates minor revisions requested by the NCDEQ to the city’s drought management strategy. This resolution passed 6-0.

Several contracts and agreements were authorized by unanimous 6-0 votes:
*   **N.C. Dept. of Transportation (NCDOT):** Two resolutions were passed to execute Municipal Agreements and an agreement for additional construction work related to the I-26 Connector Project. These agreements cover waterline relocations and aesthetic improvements, with the city sharing costs for the utility work.
*   **Bentley Advanced Infrastructure:** A sole-source contract was approved for software and hardware to monitor the North Fork Dam, extending the current system for five additional years.
*   **CDM Smith:** A professional services contract was approved for construction administration and observation services for Phase II of the Mills River Water Treatment Plant upgrades.
*   **Jefferson Wells:** A contract was approved for outsourced internal audit services, adopting a "co-sourced" model to address staffing challenges.
*   **PMA Management Corporation:** Two contracts were approved to continue handling the city’s liability and workers’ compensation claims, both with three-year terms starting July 1, 2023.
*   **IPS Group Inc.:** A sole-source contract was approved to continue managing existing parking meters during the delayed transition to a new system, with a target completion of June 30, 2025.
*   **Restocon, Inc.:** The council amended the existing contract to increase funding by $60,903.72 and extend the completion deadline for Harrah’s Cherokee Center parking garage repairs to June 1, 2024.
*   **J. Bartholomew Construction, LLC:** A contract was approved for $121,500 to renovate the second-floor restrooms at the Stephens-Lee Recreation Center, funded by a federal Community Development Block Grant.

The council also approved the monthly municipal property tax refunds or releases for November 2023, as required by state law.

### Zoning and Public Hearing

The council held a public hearing to consider an amendment to the conditional zoning of 141 & 147 S. Bear Creek Road. The proposal seeks to remove a restriction prohibiting drive-through facilities on an outparcel of land that currently houses a hotel. The Planning and Zoning Commission had previously recommended approval with conditions, including the construction of new sidewalks and a high-visibility crosswalk. The council voted 4-2 to pass the amendment, with Councilmembers Roney and Ullman voting against.

### Staff Introductions and Board Appointments

The Manager’s Report included the formal introduction of several new staff members: Michael Cayse (Fire Chief), Salah Minaya Merritt (Director of Equity & Inclusion), Jessica Mars (Interim Transportation Director), Mike Lamb (Interim Police Chief), Chris Cairns (City Traffic Engineer), Jeremy Knighton (Emergency Preparedness Expert), and Stephanie Monson Dahl (Director of Planning & Urban Design).

The council also made several appointments to boards and commissions:
*   **Downtown Commission:** Stu Helms and Billy Cooney were approved.
*   **Human Relations Commission:** Andy Bobowski was approved.
*   **Public Arts and Cultural Commission:** Alexandria Monique Revenal and Rachel Hansen were approved.
*   **Reparations Commission:** Osundu McPeters was approved.
*   **Sustainability Advisory Committee:** Tim Orman and Steve Barron were reappointed.
*   **Urban Forestry Commission:** Karen McNeil was reappointed, and John Michael Henson and Patricia Grace were appointed.

Vacancies on the Neighborhood Advisory Committee and Noise Advisory Board will be re-advertised due to a lack of applications. The appointment for the Metropolitan Sewerage District Board is ongoing, with a potential delay to March.

### Community Input and Discussion

Residents expressed concerns during public comment regarding rising crime rates, particularly vehicle break-ins, and a perceived lack of police response. One resident requested increased police presence or private security assistance, while another criticized current approaches to homelessness. The Police Department is actively working to resolve the car break-in issue.

Other residents discussed affordable housing and displacement, advocating for increased density and diverse housing types to combat rising costs in neighborhoods like South French Broad and Oakley.

A significant portion of public comment was dedicated to a proposed ceasefire resolution concerning the conflict in Gaza. Speakers cited humanitarian concerns and criticized U.S. government support of Israel.

Additionally, a resident addressed the council regarding inaccuracies on a historical marker commemorating Newton Shepherd, an early Asheville city commissioner, providing records to demonstrate errors in the dates and descriptions of his service.

### Follow-ups

*   City staff will address parking concerns raised by a resident.
*   The council will re-advertise vacancies for the Neighborhood Advisory Committee and Noise Advisory Board.
*   The council indicated a willingness to schedule additional meetings with Keith Duncan and his organization to further discuss an economic stabilization proposal.
*   The council will likely need to review information provided by a resident regarding the Newton Shepherd historical marker and consider corrections.

## Agenda

- [Approval of the combined minutes of the agenda briefing worksession held on December 5, 2023, and the formal meeting held on December 12, 2023.](https://sunshinemeetings.org/event/1942/item/20323)
- [Resolution authorizing City Council to accept the Lead Service Line Replacement Grant from the N.C. Dept. of Environmental Quality - Division of Water Infrastructure, and authorizing the City Manager to execute any related documents.](https://sunshinemeetings.org/event/1942/item/9427)
- [Budget amendment, in the amount of $1,995,500, to accept the Lead Service Line Replacement Grant awarded by N.C. Dept. of Water Infrastructure.](https://sunshinemeetings.org/event/1942/item/9428)
- [Resolution to approve the Water Shortage Response Plan 2022 after approval by the N.C. Dept. of Water Quality.](https://sunshinemeetings.org/event/1942/item/9429)
- [Resolution authorizing the City Manager to execute Municipal Agreements with the N.C. Dept. of Transportation (NCDOT) for Waterline Relocation Cost Reimbursement associated with NCDOT I-2513 AA and AB I-26 Connector Projects.](https://sunshinemeetings.org/event/1942/item/9430)
- [Resolution authorizing the City Manager to execute a contract with Bentley Advanced Infrastructure related to software and related hardware at the North Fork Water Treatment Facility outside of competitive bidding requirements for standardization and compatibility reasons.](https://sunshinemeetings.org/event/1942/item/9431)
- [Resolution authorizing the City Manager to execute a professional services contract with CDM Smith for construction administration and observation services for the Mills River Water Treatment Plant Miscellaneous Upgrades (Rehabilitation) Phase II Project.](https://sunshinemeetings.org/event/1942/item/9432)
- [Resolution authorizing the City Manager to execute a contract with Jefferson Wells for internal audit program services for a term of one year, with two additional one year renewal options.](https://sunshinemeetings.org/event/1942/item/9433)
- [Resolution authorizing the City Manager to execute a contract with PMA Management Corporation to provide Third Party Liability Claims Administrative Services for a three-year term running from July 1, 2023 - June 30, 2026, and for two additional one year renewal options.](https://sunshinemeetings.org/event/1942/item/9434)
- [Resolution authorizing the City Manager to execute a contract with PMA Management Corporation to provide Third Party Workers’ Compensation Claims Administrative Services for a three-year term running from July 1, 2023 - June 30, 2026, and for two additional one year renewal options.](https://sunshinemeetings.org/event/1942/item/9435)
- [Resolution authorizing the City Manager to execute a sole-source contract with IPS Group Inc., backdated to July 1, 2023 and continuing until June 30, 2025, to pay for past services rendered, retain existing IPS parking meters, and continue to provide parking meter management services for the City’s remaining existing IPS parking meters through the remainder of the City’s transition from IPS to MacKay.](https://sunshinemeetings.org/event/1942/item/9436)
- [Resolution authorizing the City Manager to enter into and execute an agreement for additional construction work with the N.C. Dept. of Transportation for the I-26 Connector project sections I-2513B & I-2513D.](https://sunshinemeetings.org/event/1942/item/9437)
- [Resolution to amend the current contract with Restocon, Inc. to increase the funding to complete the required repairs and inspections in the Harrah’s Cherokee Center parking garage, and to extend time for completion up to June 1, 2024.](https://sunshinemeetings.org/event/1942/item/9438)
- [Resolution authorizing the City Manager to execute a contract with J. Bartholomew Construction, LLC for the Stephens-Lee Phase 2 Restroom Renovations project; and further authorizing the City Manager to execute any change orders that may arise during the project up to the contingency amount of 10%.](https://sunshinemeetings.org/event/1942/item/9439)
- [Monthly municipal property tax refunds or releases per N.C. Gen. Stat. sec. 105-381.](https://sunshinemeetings.org/event/1942/item/9440)
- [Manager’s Report](https://sunshinemeetings.org/event/1942/item/9441)
- [Public hearing to consider an amendment to the conditional zoning of 141 & 147 S. Bear Creek Road to make changes to the project conditions to remove a restriction prohibiting drive-through facilities.](https://sunshinemeetings.org/event/1942/item/9442)
- [Boards & Commissions: (Council to determine who, if any, to interview)](https://sunshinemeetings.org/event/1942/item/9443)
- [Affordable Housing Advisory Committee](https://sunshinemeetings.org/event/1942/item/9444)
- [Alcoholic Beverage Control Board](https://sunshinemeetings.org/event/1942/item/9445)
- [Board of Adjustment](https://sunshinemeetings.org/event/1942/item/20324)
- [Design Review Committee](https://sunshinemeetings.org/event/1942/item/9447)
- [Downtown Commission](https://sunshinemeetings.org/event/1942/item/20325)
- [Human Relations Commission](https://sunshinemeetings.org/event/1942/item/9449)
- [Metropolitan Sewerage District](https://sunshinemeetings.org/event/1942/item/9450)
- [Neighborhood Advisory Committee (no applications)](https://sunshinemeetings.org/event/1942/item/20326)
- [Noise Advisory Board (no applications)](https://sunshinemeetings.org/event/1942/item/9452)
- [Public Art & Culture Commission](https://sunshinemeetings.org/event/1942/item/9453)
- [Reparations Commission](https://sunshinemeetings.org/event/1942/item/9454)
- [Riverfront Commission](https://sunshinemeetings.org/event/1942/item/9455)
- [Sustainability Advisory Committee](https://sunshinemeetings.org/event/1942/item/9456)
- [Urban Forestry Commission](https://sunshinemeetings.org/event/1942/item/9457)

## Votes

- Resolution to approve the Water Shortage Response Plan 2022 after approval by the N.C. Dept. of Water Quality. — Passed, 6-0
- Resolution authorizing the City Manager to execute Municipal Agreements with the N.C. Dept. of Transportation (NCDOT) for Waterline Relocation Cost Reimbursement associated with NCDOT I-2513 AA and AB I-26 Connector Projects. — Passed, 6-0
- Resolution authorizing the City Manager to execute a contract with Jefferson Wells for internal audit program services for a term of one year, with two additional one year renewal options. — Passed, 6-0
- Resolution authorizing the City Manager to execute a contract with PMA Management Corporation to provide Third Party Liability Claims Administrative Services for a three-year term running from July 1, 2023 - June 30, 2026, and for two additional one year renewal options. — Passed, 6-0
- Resolution authorizing the City Manager to execute a sole-source contract with IPS Group Inc. backdated to July 1, 2023 and continuing until June 30, 2025, to pay for past services rendered, retain existing IPS parking meters, and continue to provide parking meter management services for the City’s remaining existing IPS parking meters through the remainder of the City’s transition from IPS to MacKay. — Passed, 6-0
- Resolution to amend the current contract with Restocon, Inc. to increase the funding to complete the required repairs and inspections in the Harrah’s Cherokee Center parking garage, and to extend time for completion up to June 1, 2024. — Passed, 6-0
- Public hearing to consider an amendment to the conditional zoning of 141 & 147 S. Bear Creek Road — Passed, 4-2
- Resolution authorizing the City Manager to enter into and execute an agreement for additional construction work with the N.C. Dept. of Transportation for the I-26 Connector project sections I-2513B & I-2513D. — Passed, 6-0
- Resolution authorizing City Council to accept the Lead Service Line Replacement Grant from the N.C. Dept. of Environmental Quality - Division of Water Infrastructure, and authorizing the City Manager to execute any related documents. — Passed, 6-0
- Resolution authorizing the City Manager to execute a contract with PMA Management Corporation to provide Third Party Workers’ Compensation Claims Administrative Services for a three-year term running from July 1, 2023 - June 30, 2026, and for two additional one year renewal options. — Passed, 6-0
- Resolution authorizing the City Manager to execute a contract with J. Bartholomew Construction, LLC for the Stephens-Lee Phase 2 Restroom Renovations project; and further authorizing the City Manager to execute any change orders that may arise during the project up to the contingency amount of 10%. — Passed, 6-0
- Budget amendment, in the amount of $1,995,500, to accept the Lead Service Line Replacement Grant awarded by N.C. Dept. of Water Infrastructure. — Passed, 6-0
- Resolution authorizing the City Manager to execute a contract with Bentley Advanced Infrastructure related to software and related hardware at the North Fork Water Treatment Facility outside of competitive bidding requirements for standardization and compatibility reasons. — Passed, 6-0
- Resolution authorizing the City Manager to execute a professional services contract with CDM Smith for construction administration and observation services for the Mills River Water Treatment Plant Miscellaneous Upgrades (Rehabilitation) Phase II Project. — Passed, 6-0

## Video & Transcript

- Recording: https://www.youtube.com/live/ZpvU1FYZ9Dg?si=mTdFD5SYUEtZINAF
- Transcript: https://sunshinemeetings.org/transcript/2141/segments
- Recording: https://www.youtube.com/live/8TcKetiEHJo?si=OEPOjMBK-bxhoPNJ
- Transcript: https://sunshinemeetings.org/transcript/1582/segments

## Documents

- [Agenda - Spanish.pdf](https://sunshinemeetings.org/event/1942?document=4475)
- [Consent D - NCDOT Agrmt I-2513 AA and AB I-26 Connector Projects (1).pdf](https://sunshinemeetings.org/event/1942?document=4501)
- [Consent E - Sole Source for NF WTP.pdf](https://sunshinemeetings.org/event/1942?document=4527)
- [Presentations A - Manager's Report (3).pdf](https://sunshinemeetings.org/event/1942?document=4472)
- [Consent M - Stephens Lee Ph 2 (1).pdf](https://sunshinemeetings.org/event/1942?document=4505)
- [Consent G - Internal Audit Program Contract.pdf](https://sunshinemeetings.org/event/1942?document=4523)
- [Agenda.pdf](https://sunshinemeetings.org/event/1942?document=4487)
- [Consent A - Minutes.pdf](https://sunshinemeetings.org/event/1942?document=4534)
- [Consent L - Harrah's Pking Garage Repairs.pdf](https://sunshinemeetings.org/event/1942?document=4509)
- [Consent K - NCDOT I-26 Agreement.pdf](https://sunshinemeetings.org/event/1942?document=4512)
- [Public Comment - Jonathan Wainscott.pdf](https://sunshinemeetings.org/event/1942?document=4480)
- [Public Hearing A - 141 & 147 S. Bear Creek Rd CZ Amendment.pdf](https://sunshinemeetings.org/event/1942?document=4529)
- [minutes_2024-01-09.pdf](https://sunshinemeetings.org/event/1942?document=4467)
- [Public Hearing A - Presentation - 141 & 147 S. Bear Creek Rd.pdf](https://sunshinemeetings.org/event/1942?document=4483)
- [Consent H - Liability Contract .pdf](https://sunshinemeetings.org/event/1942?document=4520)
- [Consent J - IPS Parking Meters.pdf](https://sunshinemeetings.org/event/1942?document=4515)
- [New A - Master Bd Vacanies.pdf](https://sunshinemeetings.org/event/1942?document=4490)
- [Consent F - Mills River WTP Upgrades.pdf](https://sunshinemeetings.org/event/1942?document=4525)
- [Consent B - Lead Service Line Replacement.pdf](https://sunshinemeetings.org/event/1942?document=4497)
- [Consent C - Water Shortage Response Plan 2022 - 2nd approval 2024.pdf](https://sunshinemeetings.org/event/1942?document=4493)
- [Consent I - Work Comp Contract .pdf](https://sunshinemeetings.org/event/1942?document=4517)
- [agenda_2024-01-09.pdf](https://sunshinemeetings.org/event/1942?document=4464)
- [Consent N - Tax Releases and Refunds  (4).pdf](https://sunshinemeetings.org/event/1942?document=4532)

## Sources

- [City of Asheville WordPress](https://www.ashevillenc.gov/government/meetings/city-council-meeting-jan-9-2024/)
- [Agenda Briefing](https://drive.google.com/drive/folders/1pyE1LT15NUZ4NRze9K0xJmR1fjixpEhR?usp=drive_link)
- [Resolutions](https://drive.google.com/file/d/1AZGnZOCwaisbVWIljplRtsy0-Qb7msR7/view?usp=drive_link)
- [Ordinances](https://drive.google.com/file/d/1AZTLtWn7gkgTZsijzF5zKUNOPU33P_Ds/view?usp=drive_link)
- [Public Input](https://publicinput.com/d4252)
- [City Council agenda page](https://www.ashevillenc.gov/government/city-council-agenda/)