Council approves low-bid contract for Burton Street work after attorney explains legal limits; residents urge community benefits

Asheville City Council on Jan. 14 approved a consent-agenda item covering construction work in the Burton Street/Virgin Street neighborhood after public comment from a neighborhood leader and a legal briefing from the city attorney.

Duane Bridal, president of the Virgin Street Community Association, told the council he and his association have worked on a neighborhood plan tied to the I-26 connector and asked that the city ensure community promises are fulfilled, including repairs to the playground and community center. "I'm here tonight to see and hope that that that is fulfilled for all the people who went to all the community meetings to help design what the first Virgin Street neighborhood plan would look like," Bridal said.

City Attorney Brad Branham told council that the contract in question is a low-bid construction contract governed by North Carolina law and that the city has "no discretion to change the award on this contract." Branham explained municipalities are required to accept the lowest bidder provided the bidder is responsive (submitted required documents) and responsible (able to perform the work). "With these types of contracts, you have the least possible discretion," he said.

Several council members pressed staff on how the city could use the disparity study and capacity-building efforts to increase participation by minority- and women-owned contractors on future projects. Branham and staff described tools the city can use that do not alter the low-bid rule: expand outreach and the search area, set subcontracting goals, and use delivery methods such as construction manager at-risk (CMAR) on projects where those methods are appropriate to allow broader engagement and workforce development.

Council member Roni asked whether the disparity study would allow the city to expand the service area or otherwise change who competes; staff responded the study informs the search area but does not change the state's low-bid requirement for construction contracts. As Branham put it: "The municipality is required by law to accept the lowest bidder." He added the city can set subcontracting goals and require good-faith efforts to meet them, but cannot simply pick a higher bidder because of disparity findings.

After brief public comment and council questions, council approved the consent item that included the contract award. Councilors voiced frustration at the limits imposed by state law but also directed staff to return with educational material and a briefing on contracting best practices, capacity building, and how the disparity study should guide outreach and subcontracting goals.

Why it matters: The discussion highlights a common tension in municipal contracting: legal constraints that require acceptance of the lowest responsive, responsible bid versus local equity goals set by disparity studies. Council directed staff to pursue other levers (expanded outreach, subcontracting goals, CMAR where appropriate) to increase participation by minority- and women-owned firms.

What happens next: Staff said it will bring back a contracting-focused briefing for council that explains bidding options, how the disparity study should shape outreach, and metrics the city will track to measure progress on minority- and women-owned business participation.

Speakers quoted in this article spoke at the Jan. 14 council meeting. No additional facts are asserted beyond what they stated to council and staff responses.