Asheville City Council approves BID provider, postpones vote on changes to the city’s building code

Asheville City Council had a lot to bite off at its Jan. 14 meeting. Both the Council and members of the public offered their thoughts about choosing a manager of the controversial Business Improvement District (BID), post-storm changes to building codes and solutions for those about to lose housing assistance from the Federal EmergencyManagementAgency (FEMA).

BID operator chosen

Council approved, 5-1, a three-year contract with the Asheville Downtown Community Improvement District (ADID) — a group composed of Asheville Downtown Association, Asheville Chamber of Commerce and California-based consultants Nextstreet — as the service provider for the BID. Council member Sage Turner was absent, and Council member Kim Roney voted in opposition.

The BID places an additional tax on downtown properties to fund “ambassadors” who will aid tourists, keep public areas clean and direct people experiencing homelessness, addiction or mental health issues to available services. The tax will generate $1.25 million a year and cost 9 cents per $100 of taxable property, or about $360 for the owner of a property assessed at $400,000.

ADID will form a BID steering committee and report regularly to Council and the public on its success in providing safety, hospitality and cleanliness.

The city received only two applications to run the BID after it extended the deadline 30 days after Tropical Storm Helene and lengthened the contract term from one to three years with the option for two, one-year extensions.

“This Business Improvement District is something we’re going to see figured out as we go, and I really think it would be beneficial to Council, to the city, to our community, to revert that back to a one-year term to see how it goes in the first year and to open up another competitive process,” said Patrick Conant, East-West Asheville resident. He also said the city might have gotten more proposals if it had extended the deadline even further.

The city made the contract three years to give the vendor more time to purchase equipment and hire people. However, if the operator does not meet requirements, its contract can be terminated, said Ben Woody, assistant city manager.

Council member Roney opposed the project, saying the BID is the wrong tool for the issues the city faces, such as supporting living wages or helping the unhoused by deploying health professionals. Council member Maggie Ullman disagreed. “I think we’re facing a real economic downturn after Helene and an agency focusing just on downtown, now’s a great time for it.”

Building code updates 

The Council postponed a vote on changes to the city’s building code contained in the Unified Development Ordinance (UDO) until next month’s Council meeting to give city staff time to speak with more property owners and developers.

Staff proposed changes to three sections of the UDO to bring regulations into compliance with state and federal flood plain management requirements as well as adhere to guidelines from the National Flood Insurance Program.

One issue is whether calculating the cost of needed repairs will look back one or five years. It currently is one year. Staff recommended extending it to five years but walked back that change after strong opposition from property owners and developers.

As is, if damage within that one year exceed 50% of the property market value, then repairs will have to be made according to the current building code. However, if damage doesn’t exceed that threshold, then repairs can adhere to the code in place when the last major renovation or construction was done.  The city uses the latest property tax assessment to determine whether needed repairs exceed 50% of a structure’s value. However, property owners can seek an updated appraisal if desired.

“You could have a structure where the tax value was $100,000 but there have been improvements performed to it recently that didn’t catch up with the tax value. So you would be able to provide an appraisal of the most accurate prestorm value,” said Mayor Esther Manheimer.

Property owners also can get several repair estimates, said Amy Deyton, interim public works director.

“There are ways we’re trying to help property owners be under that 50%, but we’re really trying to track these values because FEMA is looking at all of this,” Deyton said. “They’re calling us on a weekly basis and wanting updates.”

If damage exceeds 50% of a property’s value, many owners will have to raise their structures to the new height of 2 feet above base flood elevation.

“We are recommending the 2-foot, freeboard [level] for clarity to ensure compliance with state and federal flood plain regulations, to avoid higher flood insurance premiums and to maintain eligibility for any federal disaster relief funding that is available,” Deyton said.

Properties with historic designation can seek exemption from the elevation requirements.

FEMA extension

FEMA extended to Jan. 25 its Temporary Sheltering Assistance program, which pays for hotel stays for those whose homes were rendered uninhabitable by the storm. This is the third time the deadline has been pushed. The extension allows more time for households who lost eligibility for the program because of a missed scheduled FEMA inspection or who have not contacted a FEMA inspector.

Emily Ball, manager of the Homeless Strategy Division, said there were others who lost eligibility because they were identified by FEMA as homeless prior to the disaster.

The Homeless Strategy Division has been collaborating with state disaster relief management and shelter providers in the community to find open beds, Ball said.

Eblen Charities is helping with those who were unhoused before the storm by paying for two more nights at a  hotel to give case managers time to find shelter for them, Ball said.

Several members from the Helene Survivor’s Committee, a group lobbying for displaced community members, urged the council to provide more help for those no longer eligible for TSA hotel vouchers.

In other news:

• Council earmarked $624,000 for rental assistance for low- to moderate-income city residents. The funds are part of the $1.7 million Community Development Block Grant-Declared Disaster Recovery Fund.
• Council increased the size of the Asheville Housing Authority from seven to 11 commissioners. It oversees the city’s low-income housing communities.
• Council directed City Manager Debra Campbell to execute a contract with Patton Construction Group Inc., based in Arden, to replace the Burton Street Park playground and basketball courts to make room for the Interstate 26 Connector.  DeWayne Barton, president of the Burton Street Community Association, asked that the work be done by Burton Street community members. City Attorney Brad Branham said the city is bound by state law to accept the lowest bidder.

This story was supported by the Fund for Investigative Reporting and Editing.