471  MINUTES BREVARD CITY COUNCIL Regular Meeting June 3,2024-5:301 PM  Thel Brevard City Council met ini regular session on Monday, June 3,2024, at 5:30 Present- - Mayor Maureen Copelof, Mayor Pro Tem Gary Daniel, and Council Staff Present - City Attorneyl Mack McKeller, City Manager Wilson Hooper, City Clerk Denise Hodsdon, Assistant City Manager/Finance Director Dean Luebbe, Assistant tot the City Manager. Alex Shepherd, Planning Director. Paul Ray, Assistant Planning Director. Aaron Bland, Senior Planner Emily Brewer, Planner Stephanie Holland, Human Resources Director Kelley Craig, Communications Coordinator Becky McCann, Police Captain Aaron' Thompson, Fire Chief Bobby Cooper, Public Works Supervisor Cliff Justus, WastewaterTreatment Plant ORCI Emory Owen, Water Treatment Plant ORC Dennis Richardson, and Community Center Director Tyree Griffin  p.m.i int the Council Chambers of City Hall withl Mayor Copelofpresiding Members Macl Morrow, Aaron Baker, Pamelal Holder, andI Lauren Wise  Guests/Presenters: - Juan Mullerat and Dylan Gehring, Plusurbia  Press - Jon] Rich, Transylvania Times  A. Welcome and Call to Order- - Mayor Copelof called the meeting to order B. Invocation Reverend Elizabeth Roles of St. Phillips Episcopal Church C.P Pledge of Allegiance Mayor Copelofl led the pledge of allegiance. D. Certification of Quorum - City Clerk Denise Hodsdon certified thata E. Approval of Agenda Mr. Daniel recommended moving Item L-1 Personnel Policy Revisions and Iteml L-3 Ordinance-Voluntary Contiguous. Annexation-Pisgah Hospitality tot the Consent. Agenda. He also asked to remove Item K-31 Bracken Preserve Maintenance Agreement with Pisgah Area SORBA from the Consent Agenda and add it tot the discussion ofl Non-Profit Contributions in thel Budget. Mr. Morrow moved, seconded by Mr. Wise to approve the agenda as amended. Thei motion carried  and welcomed those present. offered an invocation.  quorum was present.  unanimously.  F. Approval ofl Minutes  F-1. May 20, 2024 Regular Meeting Mr. Baker moved, seconded by Ms. Holder to approve thei minutes of the May 20, 2024 Regular Meeting as presented. The  motion carried unanimously. G. Public Comments  Mary McKeller of 660 E. Main Street said Iam here today as representation of Transylvania Young Progressives tos show my unwavering support and thanks for the proclamation designating. June as Pridel Month here for the City of Brevard. Recognizing Pridel Month is moret than as symbolic gesture. Itis an affirmation of our city's commitment toi inclusivity, diversity and equality. By acknowledging and celebrating Pride Month, wel honor thel history, struggles and achievements of thel LGBTQ+ community, both herei inl Brevard and beyond. The LGBTQ+ community has contributed immensely tot the cultural and economic vitality of our city. From small business    472  owners toe educators, artists and healthcare providers, thel LGBTQ+ individuals are integral tot thef fabric of our community. Recognizing Pridel Monthi is an opportunity for us tos show our appreciation and support fort their contributions, ensuring that everyone in Brevard feels seen, heard, respected and valued. Furthermore, designating Junea as Pridel Month aligns with al broader goal of fostering a welcome andi inclusive environment fora all residents and visitors. Its sends a clear message that Brevard stands against discrimination: andi is committed tot thej principles ofe equality andl human rights. This proclamation is notj just about celebrating diversity. Iti is about ensuring that every individual, regardless oft theirs sexual orientation or gender identity, can live openly and authentically without fear of prejudice or exclusion. In conclusion, Icompletely support the proclamation designating! June as Pride Month for the City of Brevard. Thank you forr recognizing thei incredible contributions that thel LGBTQ+ community has given and Ashley Hart of1 1441 Buckberryl Lane said my first visit! here to the City Council was on May 20th, 2024 andi it was to bring attention tot the fact that there was aj pride event happening where there was no age restriction. My concerns werel how participants would be dressed around the minors andl how the behavior would be around while the minors were present. Iaml happy to report thati none of this was an issue. Ido, however, recommend to any child who does not want toj participate to tell another adult or a safe person andy you can do that by calling Hope for NC at1-855-587- 3463. With the remainder ofr my time, Iwould liket tot thankl Emmet Casciato for hist time served on thel Board of Commissioners. However, with his seat being vacant, Iwould liket to step upt to fill hiss seat. Imay notl lookl like a county commissioner, but whatI bring to thet table isa a youthful passionate energy, helpful hands and al love for Transylvania County. In addition to that, as a promise to thej people here, iflam selected for his replacement, myselfwould love to volunteer to do al lot of work on these projects ati no additional cost. Ialso urge city council members, county commissioner members, and school board members to all take some time to volunteer. Ihate tol have tol leave this speech, but now I'm! headed tot the school board meeting. It would be very accommodating tol have city council meetings ands school board meetings James Carli said Ialso would like to express my support and enthusiasm and gratitude for the pending proclamation declaring June as Pride Month herei in our beautiful mountain city. We all justt tooka al Pledge of Allegiance where we pledged to uphold freedom andj justice for all. Afrees society is one where individuals are free to pursue their full flourishingi in peace ands safety, free from fear of violence, oppression andj persecution. Indeed, fear is the antithesis of liberty. By making this declaration you are telling many members of our community whol havef for fart tool long lived in fear thatt they need notl livei in fear anyl longer. You: aret telling our LGBTQIA+ and gender non-conforming citizens thatt they are also welcome herei in our city. Thank you for making this proclamation. As a planning board member, your agenda item in supportof the cottage court issues is very positive and encouraging pro-growth opportunity for the City ofl Brevard and Ilooki forward to hearing andf following up with your discussions on that issue as well, because that willa allow for greater housing construction more easily ata a lower cost to builders, and on net willl help contribute: a Cindy MacConnie said thisi is my first city council meeting and Iaml here because thel Pride proclamation issuei is very near and dear to myl heart, solj just simply want to express my gratitude. Mr. Carli and Ms. McKeller have covered all the points beautifully solwilll keep mine short ands sweet. Iam somebody whol has family members and friends int thel LGBTQ+ community: so, Ia am delighted that Brevardi is officially  will continue to give to our great city.  on different days for those who attend both.  relative reduction ins spiking home prices for all.  proclaiming) June as Pridel Month.  Taral McDonald saidI Ihave been a resident here for1 18 years. There are goingt to beal lot of comments tonight about Pride Month, those ofai religious nature and others ofal biological nature. I'm a social scientist and a former campus minister sol Iam going tos speak tol both oft those. The data from all scientific disciplines has long beeni in agreement thatt the phenomenon of gay, bi, non-binary, and trans humans has existed  Minutes Brevard City Council Meeting- - June3 3,2024  Page 2of21    473  for asl longa as our species has and isi in thousands of others species across the natural world besides ours. So, pretendingt thats some segments of basic biology we disagree with don'te exist isl kind ofl likes sticking our heads int the sand andi iti is sad to see some of our citizenry behave that way. Idon'tl like mosquitoes much, but pretending they aren't God's creation too doesn'tjust magically make them gol bye-bye. And in the case ofgay and trans people, doing SO only causes thel highest suicide rates of any demographic except perhaps indigenous people. Others say thisi is thej population from which groomers and pedophiles come and) I would argue as a sociologist to show me that data because every single study ever conducted has found no evidence of that. The numbers oft that are: soi incredibly rare as tol be what's considered statistically insignificant. Ifyou want to find groomers and pedophiles, lookt to your straight men. Look at fathers; they are the most likely; stepfathers, pastors, neighbors, trusted friends; andt these are all the people that societyi ist ther mostl likely to defend when a victim is strong enough to come forward and we don'tbelieve the victims; we believe the perpetrators. Ithink acknowledging the existence of gay people and trans people is one step toward protecting victims because iti makes the education of the populus important. As to the religious piece, Paul spoke only against pederasty, the Greek] phenomenon of fhavinga tutor and tutee bei in a sexual relationship. The group ofr men badgering Locke's] house was a drunken group of straight men seeking only to gain grapes. So, the only relevant place int thel Biblei isl Leviticus. Ifwe want toi ignore Jesus andi imbibe the Levitican law, we'll give up our barbecue, our bacon, our cotton-poly clothes, we will not leave the house on our periods, and we willi not! plant our beans and taters in the same row. Thanks so much for honoring God's creation, all ofit, and honoring all of our citizenry. I Olivia' Tiners said) I have lived in Brevard sincel Iwas 1% years old. Ihave grown up here and myl brother was alsol born andi raised here. Iwant to thank the entire council for declaring June as Pride Month. As someone whoi isl by myself and has lots of friends who are part of thel LGBTQIA population, iti is really! heartening and exciting to see that, while sO much on a national leveli is going against the progress that we've made, that somewhere in a small towni in thes south, wel have a council thati is willing to honor all ofi its people andr make all ofi its constituents feel welcome. Iam really proud that a council, wherel lamo often thej youngest person in the room when Icome tot these, and where most arej past middle age, is still so willing to stay with the times and to honor the youth and how we: arei faring tol bring up thesei issues and) how wel look upon Rodney Locks of 187 S. Rice Street said, from personal experience, Iknow that youl have somel hard decisions to make. Iurge yout to seriously consider and in most cases taket the advice oft the City Manager and City Attorney, especially when it's not whaty you want tol hear. In 2023, you made affordable housings your number one goal. This year 2024 affordable housingi is your number four goal. Your own data shows the people who work here cannot afford to livei in Brevard. However, they still want tol live, work and raise their children and children's children right here and calll Brevard and Transylvania County home. Some think thisi isa as safe environment. You recognize that public safety isa a major concern: and you made public safety your top priority. You also made capital improvement to water treatment plant ande economic vibrancys your second and third goals. Goals 1,2a and 6 are all related toj public safety. Goal 1 says ensure) practical safety conditions thati is adequate response time, road: and traffic safety. Goal 2 says maintain existing public safety infrastructure- sidewalks and streets. Goal 6 says attract and retain high qualified staff, ensure adequate space and equipment for employees to do theirj job. Goal 1 also says cultivate a positive public perception and trusti ini thej publicsafety offices. Implementing these goals will enhance public perception andt trusti int the city council. Your safety officials have given you their data and made their recommendation. In this budget you can now: show continued commitment to affordable housing and show your commitment toi thel best public safety environment money can buy. The public wantst to know what is city council goingt to do about public safety anda affordable housing. Finally, you must do something new- that is work with all the elected officials to make the quality ofl lifel better for all the citizens you serve. We are an interconnected community with different roles but the same  have the greatest respect for that.  it.  objectives.  Minutes Brevard City Council Meeting- June 3, 2024  Page 3 of21    474  David Warren of 36 Downing Park Courts said Mayor Copelof, Ivoted for you: and Ialsor read your book" "Discovering Germany: The' Treasures of Beer, Castles, Food and Friends" published about 12 years ago. Iremember. how you related your impressions when you visited thet town ofWeinheim and saw the Schmalste Haus and Gerberbachviertel, the' Tanners Quarter, and you ask! how could anyone livei int these tiny houses. Well, its sounds like you and the city council are now investigating that very question herei inl Brevard. When does thes size get toos small? Standards have already been seti in the city's Unified Development Ordinance, but nowi its seems there's going to bea amendments made. Who would these proposed amendments really affect? The answer seems obvious: primarily thej poor. Those whol live in spacious homes on large lots are demanding more density in the use ofthel land available here in Brevard. But, they're noti really the ones who willl be impacted by the amendments. Iwas here two weeks ago and heard: several citizens come forward tot this very microphone andj plead witht the city nott to raise the city's property taxes. Their backs are already against the wall; they can hardly afford the taxes now, much less a 2-cent hike in the property tax. Ofcourset that's 2-cents per $100i in the valuation oft their property, or $20i ifyou're talking about $100,0001 in value. Its seems toi met that tol have aj property tax that is 50 cents across thel board for anyone at anye economic level, on every $100,0001 in value disproportionately: affects those on the low end oft the economic spectrum. For example, wheni ito comest to federal income tax,i ifone's taxable income is $45,000 then you) pay 11% oft thata as your federal tax; that's fora a married couple filingi jointly. Ifyour taxable incomei is $95,000, theni it's 12%1 for thet tax. $100,000 jumps up to 22%; at $191,000 ort thereabouts, thet taxi rate is 24%; at $365,000 oft taxable income, itist now ther rate of3 32% in tax. Why is the city's propertyt tax ai flat 50 cents across thel board for $100i in value? Ifwe are really concerned: about density, then shouldn't those whose property takes up more square footage paya a higher rate? Notj just al higher amount,a higher rate int thej property tax. Its seems to met that the same property taxi rate across thel board disproportionately affects those who are on the other end oft the economic spectrum fromy your cityl leaders. The same seems true oft these proposed amendments, in my opinion, fort the Unified Development Ordinance. These amendments really will  noti impact any ofy you, willt they?  H. Certifitcates/Awards/Recognition  H-1. Oath of Office - Stephanie Holland, Planner- City Clerkl Denise Hodsdon administered the Oath of Office tol Planner Stephanie Holland who was accompanied by  her husband and children.  City ofBrevard, North Carolina Oath ofOffice  State ofNorth Carolina County ofTransylvania Cityo ofE Brevard  I,Stephanie Holland, dos solemnly and sincerely swear thatI Iwill support the Constitution and laws oft the United States;t thatIwilll bef faithful and! bear true allegiancet tot the State of North Carolina, and tot the constitutional; powers: anda authorities which are orr mayl be established for the government thereof; thati wille endeavor tos support, maintain and defend the Constitution and laws ofs said! State, not inconsistent with the Constitution ofthel United States, tot thel best ofr my knowledge and ability; and thatI willf faithfully discharge the duties ofr my office as Planner for the City ofE Brevard, North Carolina, sol help  me God.  Oath Administered by: Denise Hodsdon, City Clerk  s/Stephanie Holland  H-2. Proclamation! No. 2024-14) Juneteenth Mayor Copelofread the proclamation aloud and presented itt to members oft the Mary C. Jenkins Community  Board of Directors.  Minutes Brevard City Council Meeting- June 3,2024  Page4of21    475  PROCLAMATION! NO. 2024-14 JUNETEENTH  WHEREAS, President. Abraham Lincoln signed thel Emancipation' Proclamation onj January 1, 1863, declaring thes slaves in Confederate territory free, pavingt the way fort thej passing oft the 13th Amendment which formally abolished: slavery in the United States ofA America; and WHEREAS, word about thes signing oft the Emancipation Proclamation was delayed some two and one-halfyears, toj June 19, 1865, inr reachinga authorities and African Americans int the South and WHEREAS, Emancipation' Day observations arel held on different days in different statesi int the WHEREAS, June 19thl has a special meaningt to African Americans, andi is called" JUNETEENTH" combiningt the words] June and Nineteenth, andl has been celebrated by the African American community WHEREAS, the annual) Juneteenth celebration: int the City of Brevard thiss year willl bea a weekend- longo celebration taking place on) June 15th and 16th att thel Mary C.) Jenkins Community & Cultural Center and Silversteen Park; anda a film screening commemorating, Juneteenth on) June 19th att thel Mary C.J Jenkins WHEREAS, beginningt this year] uneteenth is and official City of Brevard! holidaya and City offices NOW, THEREFORE, I,Maureen Copelof, Mayor oft the Cityo ofBrevard, North Carolina, dol hereby declare) June 19th, 2024, as) JUNETEENTH: in the City ofE Brevard, North Carolina, and urge all citizens to become more: aware oft thes significance oft this celebration: inA African American History andi int thel heritage  Southwestern United States; and  South: and Southwest, andi in other parts oft the nation; and  for over 150y years; and  Community & Cultural Center; and willl bec closed on) June 19th, ofc our nation and City.  Proclaimed this the 3rdth day ofJ June, 2024.  Attest: Denisel Hodsdon, City Clerk proclamation aloud.  s/Maureen Copelof, Mayor  H-3. Proclamation No. 2024-15 Pride Month - Mayor Copelofr read the  PROCLAMATION: NO. 2024-15 LGBTQIA+ Pridel Month  WHEREAS, the City of Brevardi is committed toj promotinge equality, diversity, andi inclusivity for WHEREAS, thel LGBTQIA+ community has mades significant contributions tot thes social, cultural, WHEREAS, Junei is widely recognized as LGBTQIA+ Pride! Month, commemorating the Stonewall Uprising in 1969, which markeda ap pivotal momenti int the fight for LGBTQIA+ rights andl liberation; and WHEREAS, Pride Month serves as and opportunity tol honort the LGBTQIA+ community, celebrate theira achievements, andi raise awareness about the challenges they continuet tof face; and WHEREAS, the community needs tof foster ane environment of understanding, acceptance, and support for alli individuals, regardless ofs sexual orientation or genderi identity; and WHEREAS, the Cityo of Brevarde embraces and values the principles ofe equality, justice, and NOW' THEREFORE, I, Maureen Copelof, Mayor ofthe Cityo ofBrevard, dol hereby proclaim the month of] June as LGBTQIA+ Pridel Month.Ie encourage all residents to engage ine educational opportunities ande events that promote understanding, respect, and acceptance oft thel LGBTQIA+ community, ande expresss support for LGBTQIA+ individuals, their families, and allies, anda acknowledge  alli its residents; and  and economici fabric oft the City; and  respect for alli its residents.  the ongoing work needed toa achieve full equality andj justice. tob bea affixed ont this 3rd day of] June, 2024. Attest: Denisel Hodsdon, City Clerk  INV WITNESSI WHEREOF, Ihavel hereunto setr my hand and caused the Seal oft the City ofE Brevard  s/Maureen Copelof, Mayor  Minutes Brevard City Council Meeting- June 3,2024  Page 5of21    476  I. Special Presentations  I-1. Plusurbia Presentation of Architectural Visual Guidelines - Paul Ray explained that the City has contracted with Plusurbia, Inc. tol begin updating the City'sarchitectural: standards. Plusurbia and Staffhavel been working together researching Brevard's current and past architectural styles and envisioning our future vernacular through community engagement. Staffa and thel Plusurbia team held several design workshops and open houses, a downtown walking tour, launched aj project website and created an online survey. Updating the city's architectural standards isa a two-part] process. The firsti is the creation of archi- tectural visual guidelines, used for understanding: and communicating what we want int terms of quality building design across years of development. Hei noted that these guidelines are: foundi in a standalone document, the City of Brevard Architectural Visual Guidelines, whichi is aj precursor tol Brevard's new Architectural Standards in the UDO and offer much needed guidance in architecture and color schemes, especially in Character Areas (Downtown, the Lumberyard District, Pisgah Gateway, US-64 Corridor, and thel Rosenwald Neighborhood). Thes second phase oft the project is an actual codification of the design standards into the UDO, which willl begin later this year. Once thel UDO is amended the Visual Guideline book will act asa companion document helping Staffa and design professionals speakt the same language in architecture. Hei introduced Juan Mullerat of] Plusurbia who presented the draft Architectural Visual Guidelines. A copy oft the draft City ofi Brevard Architectural Visual Guidelines is on filei in the Clerk's office andi is also available for During Council comments/questions, Ms. Holder said one of the reasons Iran for Council was fori us to work together as ac community, and Ijust didn't feel thati in this process. The Rosenwald Communtylunderstand there were: several meetings and we didn't know about ther meetings. There was ai meeting that was held af few weeks ago that for the firstt time we: saw some oft the presentation that yous shared tonight. Iwould love tos seet thej process where we would be more involved int totality as a community, where we can all comet together and share our thoughts. Ithink you have some great ideas, but I'm feeling a littlel left out! here. Iwould love to see where we can geti intoa a process that would involve the community: as a whole, regardless of where wel live; ifit involves Brevard and we: are Brevardians, then we can come together as Brevardians  viewing on the City's website.  and work together.  J.P Public Hearing(s) - None.  K. Consent and Information - Consent. Agenda items are considered: routine and are enacted by one motion. Mayor Copelofread: aloud thei items listed and asked forai motion to approve the consent agenda. Mr. Morrow moved, seconded by Mr. Wise K-1. Ordinance Declaring Road Closures for Special Event- 4thofjuly  toa approve the consent agenda. The motion carried unanimously.  ORDINANCE NO.2024-20 AN ORDINANCE! DECLARINGI Al ROAD CLOSURE FOR THE: 2024 JULYE FOURTH CELEBRATION  WHEREAS, Brevard City Council acknowledges: at tradition ofp providing for festivals and special WHEREAS, Brevard City Council acknowledges thatf festivals and speciale events provide an WHEREAS, Brevard City Council acknowledges these events requirel NCDOT system roadst tob be NOW,THEREFORE, BEI IT ORDAINED! BY THE CITY COUNCIL OF THE CITY OF BREVARD,  events downtown for the pleasure ande enjoyment of citizens and visitors alike; and, opportunity for family-oriented: activities that celebrate our small-town charm; and,  closed fors setup, activities, and cleanup; and, NORTH CAROLINA' THAT:  Minutes Brevard City Council Meeting- June 3, 2024  Page 6of21    477  SECTION1 1. Pursuant to authority granted by G.S. 20-169, the City ofE Brevard hereby declares the following temporary: road closure during the daya andt time setf forth below ont the following described  portion ofa State Highway System route: July 4th Celebration Date: Time:  Thursday, July4 4,2024 3:00 PM- -1 10:001 PM Street  Routel Description: East Main Street (U.S. 276) from Broad Street to Gaston Street SECTION2. This ordinance shall bei inf fullf force ande effect from and after the date ofits  North Broads Street (U.S. 64/U.S.276) from Main Streett tol French Broad  adoption.  Adopted and approved thist the 3rd day ofj June 2024. K-2. Property Tax Releases- - May, 2024  Attest: Denise Hodsdon, City Clerk  s/Maureen Copelof, Mayor  RESOLUTION: 2024-22  Al RESOLUTION, APPROVING PROPERTYTAXI RELEASES  WHEREAS, The City ofE Brevard has previously determined to collect property taxes fort the City ofE Brevard and thel Heart ofE Brevard, and itisr necessary to releaset thel below shown amount from the city NOW THEREFOREI BEI ITI RESOLVED, BY1 THE CITY COUNCIL OF1 THE CITY OFI BREVARD, The" Tax Collectori isl hereby authorized tor remove May 2024 property values from the taxs scroll  taxr records.  NORTH CAROLINA' THAT: int the: amount of:  2023:  $970.83  Adopted anda approved thist the 3rd day ofJ June, 2024. K-4. (L-1)Personnel Policy Revisions  Attest: Denise! Hodsdon, City Clerk  s/Maureen Copelof, Mayor  RESOLUTION: NO.2024-24  ARESOLUTION/ AMENDING THE CITYOF BREVARD! PERSONNEL POLICY WHEREAS, the City of Brevardi isag governmental entity employing many persons for the WHEREAS, the rules, regulations, mandates, court interpretations and] laws governing personnel administration have changed since thel last amendment tot the Personnel Policy onj July 1,2023; and WHEREAS, tol keept thel Personnel Policy current with the revised rules, regulations, laws, etc, andt toi incorporate voluntary provisions fort the employees ofE Brevard, those responsible for the maintenance ofthe policy recommend that thel Personnel Policy dated] July 1,20231 be repealed and  purpose ofcarrying out the operations oflocalg government; and  replaced with the updated Personnell Policy effective) July 1,2024.  NOW,THEREFORE, BEI ITI RESOLVED: BY THE CITY COUNCIL OF THE CITY OF BREVARD, Section 1. The Personnel Policy datedj July1 1,2023i is repealed and the updated Personnel Policy willl become effective) July 1,2024 ast the official policy governingt the: appointment, classification, salary, Section 2.1 Thisi resolution. shall become effective upon its adoption and approval on thist the 3rd  NORTH CAROLINATHAT:  benefits, and conditions ofe employment oft the employees oft the City ofE Brevard.  dayo ofJ June, 2024. Attest: Denise Hodsdon, City Clerk  s/Maureen Copelof, Mayor  Minutes- Brevard City Council Meeting- June 3,2 2024  Page7of21    478  K-5. (L-3) Ordinance Voluntary Contiguous Annexation Pisgah Hospitality,LLC/ Intersection ofLambs Creek Road and USI Hwy 64  ORDINANCE NO. 2024-22  ANC ORDINANCE1 TO EXTEND' THE CORPORATELIMITS OF1 THE CITYC OF BREVARD, NORTH CAROLINA  WHEREAS, thel Brevard City Council has been petitioned under G.S.: 160A-31, as amended,t to WHEREAS, the City Council hasl byl Resolution! No. 2024-11 directed the City Clerkt toi investigate WHEREAS, thel Brevard Planning Boardi reviewed thel Petitiona att their meeting held on April 23, WHEREAS, the City Clerk has certified thes sufficiency ofs said) petition (relying on the opinion of the City Attorney) andi the City Council adopted Resolution! No. 2024-13f fixingad date ofp publici hearing. Bya authority granted! by G.S. 160A-31,ap public! hearing ont the question oft this annexation wasl held att the City Council Chambers at5 5:30P.M. ont the 20th day of May,2024, after due notice! by publication ont the WHEREAS, the City Council does herebyf find as af fact that the petition meets the requirements of NOW,THEREFORE, BEITO ORDAINED: BYTHE CITY COUNCIL OF1 THE CITYOFI BREVARD, Section 1. By virtue ofthe authority granted by G.S. 160A-31, as amended, allo oft that property lyingi in' Transylvania County, owned! by Pisgahl Hospitality, LLC,as shown andl beinga aj portion oft that property described int the deeds recordedi inl Document Book1 1050, Pages 151-153 and Document Book 1057, Pages 393-395, int the Transylvania County Register ofl Deeds andt that certain plat provided by the Petitioners tol be duly recorded upon annexation: isl hereby annexed and madea a part oft the City of  annext the contiguous aread described herein, and, thes sufficiency ofs said petition; and,  2024 and recommended: approval oft the voluntary contiguous annexation;: and,  6th day ofN May, 2024; and G.S.1 160A-31, as amended. NORTH CAROLINA, THAT:  Brevard as ofthe 3rd dayo of] June, 2024. Said property ist more fully described asf follows:  Location: Intersection ofl Lambs Creek Roada and USI Highway 64. Transylvania County" Tax Property Identification Numbers 8597-01-8529-000; 8597-01-6950-000; 8597-02-9059-000; Beginning on anu unmarked point int the existing City ofE Brevard City Limits, beingl locatedi int the North! boundary line oft thep property ofI David Chak Chieu per Deed Book 115, Page 272 anda as shown ona aj platr recordedi inF Plat! File 9, Slide 787. Said point alsol beingl located N7 74°17'02" W, 164.95' from ani iron rods set att thel Northeast corner oft ther noted Chieu property. Thence running with the Chieup propertyl line and with the existing City of Brevard City! Limits two calls: N74017'06" W,295.00' and N7 74°17'08" W,5.19't toe existing 5/8"i ironi rodi found. Thence running! N7 74°17'05" W,8 83.83't toa ane existing 3/4" ironp pipef founda ataf fence corner. Thence running with the Eastern boundary ofa1 1' wide greenway area per Plat File 11,S Slides 900-902 and generally witha an existing wire fence ande existing Cityl Limits fort two calls: N1 16°09'02"E E, 183.78'1 toa ane existing concrete monument founda ataf fence corner and! N: 17055'07" W, 446.31'to ane existing concrete monument found ataf fence corner. Thencel leavingt the existing City Limits boundary andi running generally with ane existing wire fence and witht the Violet W. Whitmire property per Deed Book 695, Pages 643-647 two calls: N 25005'36"1 E, 282.31'1 to ane existing 5/8" iron roda and N25005'36"1 E, 38.00' toa an unmarked pointi int the center ofI Lambs Creek Road, State Road No. 1359. Thence running with the center ofl Lambs Creek Road, S36°07/48" E,11.33' toa ant unmarked point. Thencel leavingl Lambs Creek Road andi running the with the boundary of Roy B. Davis, III per Deed Book 841, Pages 494-498f fort three calls: N1 11°43'35"1 E,33.94't to an existing 5/8" iron rod found, N1 11°43'35" E,4.71'toa6 62" poplar tree andl N11043'35" E, 84.25' toa ant unmarked pointi int the center ofl Lambs Creek, thence running down and with the center of Lambs Creek fort threec calls to unmarked) points: S2 25051'42"1 E, 44.90,S22-20'06" W, 18.08' and S23052'22"1 E,6 60.27. Thence runningy with the property of Barbaral Merrell per Deed Book 107, Page 2241 for four calls: N8 80°39'49": E,1 15.00' toa ani ironi rods set, N 80°39'49" E,1 175.62'toa1/2" ironp pipe found, N27039'49" E, 96.00't toa ant unmarked point and N27039'49"E E,78.12't toa concrete monument found. Thence running with thel Enno F. Camenzind property per Deed Book 284, Page 511f for two calls: N1 13°53'09" E,1 186.82'1 to a1/2" iron pipe found and N 13053'09"1 E,32.18't toal nail seti in the center of Tanglewood Heights Road, State Road No. 1383. Thence generally running witht the center of1 Tanglewood: Heights Road, S51°15'42" E, 25.52't toa nail found and S4 47°19'07": E,41.28't tor nail found and S4 48°58'57" E,20.25't toa as spike founda and still running generally with the center ofTanglewood Heights Road fort thirteen callst to unmarked) points: $34010'10"1 E,2 23.70'a and S36°14'47" E, 23.40' ands S3 32°09'23": E,24.62'a ands  8597-12-0348-000; anda aj portion of8 8597-11-1969-000  PropertyDescription  Minutes- Brevard City Council Meeting- - June 3, 2024  Page 8of21    479  28°56'00" E, 29.71'and: $23002'47"1 E, 24.06' and S20°28'58"1 E,2 20.46'a and S 17°46'17"1 E,1 18.79' and's S14015'17") E,16.98' ands S10023'40"1 E,1 19.15' and S07030'45" E, 20.21'and S04957'52"E, 121.92' and S07°12'49"1 E, 88.49' ands SO 07°12'49"1 E,5 57.44' to an unmarked pointi in' Tanglewood Heights Roadi int the City ofE Brevard City Limits andt then running with the Cityl Limits boundary onac curve running ina Southwestern direction with: al radius of1 1,495' anda ana arc length of 918.81' witha ac cord bearing and cord distance ofs1 16°10'08" W, 904.42' tot the unmarked point at thel Point ofE Beginning. Containing 12.23a acres +/-a and ass shown onay platr recordedi inE Plat File 22 at Slide 295. Beinga portion oft thej property ownedl by: PISGAHE HOSPITALITY, LLC, a South Carolinal limited liability company per Document Book 1050, Pages 151-153 and Document Book Section 2. Upona anda after the 3rd day ofj June, 2024 the above- described territory andi its citizens and propertys shall bes subjectt to all debts, laws, ordinances and regulations in force int the City of Brevard and shall bee entitled tot thes same privileges and benefits as other parts oft the City of Brevard. Alsol beinga all oft thaty property described inap platy prepared! by E. Roger Raxter, PLS for Pisgah Section 3. Pursuant to1 160A-2 29i its shalll bet the duty oft the Mayor oft the City ofE Brevard to cause ana accurate map ofthe: annexed territory as described in Section 11 hereof, together with a duly certified copy ofthis Ordinance, tol ber recorded int the office ofthe Register ofDeeds of Transylvania County, North Carolina, andi int the office oft the Secretary of State atF Raleigh, North Carolina. Sucha a maps shalla also be deliveredt tot the Transylvania County Boardo ofE Elections asr required by G.S. 163.288.1. Section 4. Notice ofa adoption oft this Ordinance shalll be published once, following the effective date ofa annexation, inar newspaper havingg general circulation int the City ofBrevard.  10571 Pages 6-8a and Document Book: 1057, Pages 393-395.  Said territorys shalll bes subjectt to the municipalt taxes accordingt to G.S. 160A-31. Hospitality, LLC, dated November 6, 2022 and recorded inF Plat File.  Slide.  ofthe  Transylvania County Registry.  Adopted and approved thist the 3rd dayo ofJ June, 2024.  Attest: Denisel Hodsdon, City Clerk  s/Maureen Copelof, Mayor  an At7:001 PMI Mayor Copelof called fora a ten-minute break an  L. Unfinished Business  L-2. Adoption of FY2024-2025 Budget and Ordinance - Mr. Hooper explained that there were a couple of procedural nuances that Council had to follow with regardt to thel budget. He notedt that Mr. Daniel added to that list of procedural nuances withl his request to consider the SORBA agreement as part oft thel budget discussion. Hei referred tot thel list ofl Non-Profit Contributions and explained that state law requires thata anyone whos sits on thel board ofc directors for a non-profit entity that receives grants orf financial support from thel local government must recuse themselves from the vote. Thel list of Non-Profit Contributions: as listed on Page 34 oft the  Manager's Recommended: Budget is asi follows:  Chamber of Commerce Rise and Shine El Centro Heart of Brevard Sharing House Pisgah SORBA Pisgah Conservancy Transylvania Economic Alliance  $4,000 $5,000 $7,000 $39,000 $10,000 $5,600 $5,710 $5,000  Mr. Baker serves on thel board ofransylvania Economic Alliance and Ms. Holder serves on thel board of Rise and Shine. Mr. Morrow moved, seconded by Mr. Wise to recuse. Mr. Baker and Ms. Holder from discussion and vote oft those appropriations. The  motion carried.  Mr. Daniel moved, seconded by Mr. Wise to approve the Non-Profit  Contributions as presented.  Minutes Brevard City Councill Meeting- June 3,2 2024  Page9of21    480  Discussion: Mr. Daniel said myo concern ist that SORBA is receivingt these funds viaa a contract for services rendered. Ini the past we have made these non-profit contributions tol be 1% ofc our totall budget, butt this year we actually didn'tu use this formula soi it does not necessarily applyi in this case. However, ifand when we do return to the 1%, myf feeling ist that contractual payments such as this should not be included in this charitable ranking because itt takes up money that could bei more appropriately: allocated to a charitable social service that we need to support in our community. Because: iti isa contract: for services rendered, and Ihave also raised that same issue with thel Heart of Brevard, these should be coming out oft the General Fund in my opinion. I'mi not saying thatIdon'twant: to spend the money, I do, butIdon't think the moneyi is coming from the right place and Iwould like that clarified in future budgets. Mr. Morrow agreed that in this case Pisgah SORBA is nol longer a non-profitin Vote ont the motion to approve thel Non-Profit Contributions was 3-0. The (Item K-3) .Bracken Preserve Maintenance Agreement with Pisgah Area SORBA Mr. Hooper noted that thel Parks, Trails and Recreation Committee has reviewed the: agreement and recommends approval. Mr. Wise moved, seconded by Mr. Bakert to approve the: agreement withl Pisgah Area! SORBA. The motion carried  thes sense that they are] providingas service. Mr. Wise also agreed.  motion carried.  unanimously.  RESOLUTION NO. 2024-23 RESOLUTION. AUTHORIZING EXECUTION OF AN AGREEMENT WITH PISGAH AREAS SOUTHERN OFF-ROADI BICYCLEASSOCIATION FORI BRACKENI PRESERVE! MAINTENANCE  WHEREAS, the City of Brevard is desirous to enhance the maintenance and upkeep oft the trails WHEREAS, the Pisgah Area chapter ofthe Southern Off-Road Bicycle Association (PASORBA)isa non-profit organization dedicated top preserving outdoor opportunities by maintaining: andi improving WHEREAS, PASORBAI has offered to enter into an agreement with the City of Brevard toj practice WHEREAS, PASORBA: andt the City's Parks, Trails & Recreation Committee. have negotiated the WHEREAS, thel Parks, Trails & Recreation Committee endorsed the: agreement: attached! hereto at NOW" THEREFOREI BEI ITI RESOLVED, BY THE CITY COUNCIL OF THE CITYO OF BREVARD, Section 1. Thet terms oft the agreement attached heretoa and presented tot the City Council ati its Section 2. The City Manager or his designee isa authorized tor make minor adjustment as needed  and recreational: areas ato city-owned Bracken Preserve; and  trails systems int the Pisgah Ranger District ands surrounding region; and their maintenance: andi improvement: activities tot trails atE Bracken Preserve; and terms ofa an agreement thate each deemt tol ber mutually beneficial; and  its! May 15, 2024 meeting. NORTH CAROLINA' THAT:  June 3, 2024 meeting arel hereby endorsed; and ande execute this document ont the City'sbehalf,: and Section 3. This resolution shalll be effective upon adoption. Adopted and approved this the 3rd day of] June, 2024.  Attest: Denise! Hodsdon, City Clerk that Council wished to adopt.  s/Maureen Copelof, Mayor  Remainder ofl FY2024-2025 Budget - Mr. Hooper suggested that any motion toa adopt thel budget include the recommended budget and any oft the eight alternatives  Mr. Baker moved, seconded by Mr. Daniel to approve thel Manager's  Recommended Budget with Alternative 1and Alternative 4.  Minutes- - Brevard City Council Meeting- June 3,2 2024  Page 10of21    481  Mayor Copelof explained that Alternative 1 was to maintain the current taxi rate and Alternative 41 ist to remove funding for two police vehicles and allocate thosef funds tot thel Downtown Master Plan and thel Estatoe Trail and designate unobligated Fund Discussion: Mr. Baker reiterated that he didn't think the taxi increase was appropriate, given it was directly tiedt tot thei increase in the Fire Department personnel, until we address thel long-term] prospects oft the contract with the County. He saidI Iam aj proponent ofb both thel Multi-use Path Fund andt the Downtown Master Plan as fulfilling the priorities andt the vision thatt this Council and Councils before us have set. I also take this opportunityt to correct some comments from public comment regarding the priorities that Council: set at our Strategic Planning Retreat. Aslunderstand them, wel had eight priorities but they were: not listed in our preferred order. Ibelieve this Council still supports thel Multi-use Path Fund and the goal of completing the Estatoe Trail and also continuing to fund thel Downtown Master Plan, as wel have made some improvements recently, but wel know there is more to do to fulfill thei master plan. Mr. Daniel said as far as the taxi increase goes, If feel that we do need to do this andi iti isa ani important goalt that we need to have, but wel have a particular relationship with the County thati isas shared financial responsibility for our fire safety. Iknow that our Fire Chiefh has done extensive work on negotiating this, but] If feell likei itr needs to go tot thei nextl level. Ithink that we need tol hear a more definitive answer andi ifthe County Commissioners are not goingt to do this, Iwant tol heart them say that outl loud because therei isa ar responsibility that iss shared for fire safety. Things havel been happening with thel Estatoe Trail andt the Downtown Master Plan andI Ij personally think when you're rolling, you don'thit thel brakes. Iwould like to see us maintain the momentum that we'vel had on those projects by continuing to fund them. Mr. Morrow said you've heard my comments about supporting thet tax increase and thel Fire Department, but whati is wrong with taking Alternative 3t to remove funding for downtown planters and allocating those funds to Downtown Master Plan. Ms. Holder saidIli like Alternative 1 that proposes that we maintain the current taxi rate. Ilikel Mr. Warren's suggestion maybe next year to studyt the progression of tax increases based on the property value. Iwould like to further propose, because one of thel keyi items that wet talked abouti is safety, that we purchase one police vehicle and use that $70,000 and use the $20,0001 that Mr. Morrow just mentioned for thej planters, and that could got towards ai full-time firefighter. We would just need to find $5,000 more. Doingt this would help us keep that number one goal ofs safety, and still talkt to the County about adding fires staff members; we need that protection. And we need tol know that we're covered prior to taking funds tol build trails that will need security coverage andi maintenance. Ifwe can't do that,j just purchase one vehicle and use $70,000 to go towardsl housing; orj just buy thet two vehicles. Going forwardIwould: like tol know more about thet fleet ofvehicles and whati ist the criteria to replace them, and do we need to eachy year. Icertainly don'twant tol looka atj purchasing three next yearj just because Mr. Wise said Iam also not in favor oft thej property tax increase for fire. Ithink therei isa a lot of negotiation tol happen there. Ido want to emphasize that the Ecusta Trail and) Estatoe' Trail are happening and they are goingt tol bring a huge amount of development. We have not planned fort that development and as wej justs saw with Plusurbia, ifwe don'tp plan for that we won'thave control overi it. Although wel have funding fors some oft that, we don'thave full funding for those projects. Wel have funding for construction, but we don'thave full funding for everything there. Ithinki itis really important wel keep moving those projects forward because they are recreational trails, but morei importantly they are engines for development in our communities andt they are going to drive people here, drivel housing, and drive businesses. We can'tlose sight  Balance toj purchase one] police vehicle.  Mr. Daniel said Ithink Alternatives 1 and 4i ist the cleanest.  we only purchased one this year.  ofthat.  Minutes Brevard City Council Meeting- June 3,2024  Page 11of21    482  Mayor Copelofa asked Mr. Bakeri ifhe wished to amend his motion based on discussion. Mr. Baker said he would) leave the motion asi is. Vote on the motion was 3in favor (Baker, Daniel and' Wise);2c opposed (Morrow and Holder). The motion carried.  City of Brevard FY2024-2025 Budget Ordinance  Ordinancel No. 2024-21  BEI IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BREVARD, NORTH CAROLINA: Section 1.Iti is estimated that thei following revenues will be available to the General Fund for the Fiscal  Year beginning July 1,2024 and ending June 30, 2025:  REVENUES  BUDGET 6,493,600 2,546,850 920,500 271,200 1,518,300 1,284,805 70,000 13,105,255  ADI VALOREM TAXES OTHERT TAXES UNRESTRICTEDI REVENUES RESTRICTED INTERGOVERMMENTAL SALES AND SERVICES MISCELLANEOUS FUNDI BALANCE APPROPRIATED TOTAL  $  Section 2.1 Thet following amounts are hereby appropriated int the General Fundi for the operation of the City Government: and its activities for the Fiscal Year beginning July 1,2024 and ending. June 30, 20251 in accordance with the Chart of Accounts heretofore established for the City of Brevard:  EXPENDITURES  BUDGET 194,410 1,049,500 917,200 1,005,400 155,700 557,500 3,949,600 626,000 462,800 824,400 243,000 287,900 1,157,600 1,674,245 13,105,255 BUDGET 3,450,500 3,480,800 180,000 321,500 7,432,800  GOVERNING BODY ADMINISTRATIVE FINANCE PLANNING COMMUNITY CENTER BUILDING AND GROUNDS POLICE PUBLIC WORKS- ADMINISTRATION PUBLIC WORKS- GARAGE PUBLIC WORKS- STREETS-LOCAL PUBLIC WORKS- STREETS- POWELL BILL RECREATION SANITATION NON DEPARTMENTAL TOTAL  $  $  Section 3. Iti is estimated that thet following revenues will be availablet tot the Water and Sewer Utility  Fund for the Fiscal Year beginning July 1,2024 and ending June 30, 2025:  REVENUES  WATER BILLINGS SEWERI BILLINGS METERI FEES OTHER REVENUES FUNDI BALANCE APPROPRIATED TOTAL  $  $  Section 4. The following amounts are hereby appropriated in the Water and Sewer Utility Fundf for the operation ofs said utilities for the Fiscal Year beginning July 1, 2024 and ending June 30, 2025:  EXPENDITURES  BUDGET 1,081,200  WATER1 TREATMENT  $  Minutes- - Brevard City Council Meeting- - June 3,2024  Page 12of21    483  WASTEWATER1 TREATMENT WATER AND SEWERI MAINTENANCE NON DEPARTMENTAL TOTAL  1,731,900 1,896,200 2,723,500 7,432,800  Section 5. The following revenues will be continued for the Capital Reserve Fund for the Fiscal Year  beginning July 1, 2024 ande ending June 30, 2025:  REVENUES  BUDGET 100,000 100,000  FUNDI BALANCE APPROPRIATED SYSTEMI DEVELOPMENT FEES  $ $  TOTAL  Section 6. Thei following expenditures will be continued for the Capital Reservel Fund for the Fiscal Year  beginning July 1, 2024 and ending June 30, 2025:  EXPENDITURES  BUDGET 100,000 100,000  INCREASE INF FUND BALANCE  TOTAL  $  Section 7. Iti is estimated that thet following revenues will be available tot the Fire District Fund for the  Fiscal Year beginning July 1, 2024 and ending June 30, 2025:  REVENUES  BUDGET 789,745 646,155 6,000 1,550,000 2,991,900 BUDGET 2,991,900 2,991,900 BUDGET 244,000 244,000  TRANSFER FROM GENERALI FUND FIRE DISTRICTTAX OTHERI REVENUES FUND BALANCE APPROPRIATED LOAN PROCEEDS TOTAL  $  $  Section 8. The following amounts arel hereby appropriated int thel Fire District Fund for the Fiscal Year  beginning July 1,2024 and ending June 30, 2025: PERSONNEL, OPERATING, CAPITAL, DEBT  EXPENDITURES  TOTAL  $  Section 9. Iti is estimated that thet following revenues will be available tot the Stormwater Fund for the  Fiscal Year beginning July 1, 2024 and ending June 30, 2025:  REVENUES  CHARGES FOR SERVICES TOTAL  $  Section 10. The following amounts are hereby appropriated in the Stormwater Fundi for the Fiscal Year  beginning July 1, 2024 and ending June 30, 2025:  EXPENDITURES  BUDGET 244,000 244,000  OPERATING TOTAL  >  Section 11. Itis estimated that the following revenues will be available to the Bjerg Fund for the Fiscal  Year beginning July1, 2024 and ending June 30, 2025:  REVENUES  BUDGET 2,800 2,800  INTEREST ONI INVESTMENTS TOTAL  $  Section 12. Thet following amounts arel hereby appropriated in the Bjerg Fundf for the Fiscal Year  beginning July 1,2024 and ending June 30, 2025:  Minutes- Brevard City Council Meeting- June 3, 2024  Page 13of21    484  EXPENDITURES  BUDGET 2,800 2,800  INCREASE INF FUNDI BALANCE  TOTAL  $  Section 13. Thei following revenue: amounts willl be available int the Health Insurancel Fundf for Fiscal Year  beginning July 1,2024 and ending June 30, 2025:  REVENUES  BUDGET 129,900 1,545,000 32,000 82,000 44,000 1,832,900 BUDGET 1,832,900 1,832,900  FUNDI BALANCE APPROPRIATED TRANSFERI FROM OTHER FUNDS DENTAL DEPENDENT PREMIUMS HEALTH DEPENDENT PREMIUMS RETIREE PREMIUMS TOTAL  $  $  Section 14. Thei following amounts are hereby appropriated int the Health Insurance Fundi for the Fiscal  Year beginning July 1,2 2024 and ending June 30, 2025:  EXPENDITURES  HEALTHI INSURANCE COSTS TOTAL  $  Section 15. Itis estimated that thet following revenues will be available tot the Heart of Brevard Municipal Service District Tax Fund for the Fiscal Year beginning July 1, 2024 and ending June 30, 2025:  REVENUES  BUDGET 160,000 11,000 171,000  SERVICE DISTRICT1 TAX- CURRENT AND PRIOR YEARS TRANSFERI FROM GENERALI FUND  $ $  TOTAL  Section 16. Thei following amounts arel hereby appropriated in the Heart of Brevard Municipal Service District Tax Fund for the Fiscal Year beginning July 1,2 2024 and ending June 30, 2025:  EXPENDITURES  BUDGET 160,000 11,000 171,000  CONTRACT: SERVICES TOTAL  $ $  TRANSFER1 TOI DOWNTOWN MASTER PLAN  Section 17. Itis estimated that the following revenues will be available to the Housing Trust Fund for the  Fiscal Year beginning July 1,2 2024 and ending June 30, 2025:  REVENUES  BUDGET 198,000 2,000 200,000  TRANSFERI FROM GENERALI FUND DEVELOPERI LOAN PAYMENT  $ $  TOTAL  Section 18. The following amounts are hereby appropriated int the Housing Trust Fund for the Fiscal  Year beginning July 1,2024 and ending June 30, 2025:  EXPENDITURES  BUDGET 50,000 150,000 200,000  OPERATING INCREASE INI FUND BALANCE TOTAL  $ $  Section 19. Thel Revenues and Expenditures seti forth in Section 1 through Section 18 of this Ordinance  arel hereby summarized as follows:  BUDGET APPROPRIATIONS  BUDGET 13,105,255 244,000  GENERALI FUND STORMWATER FUND  $  Minutes Brevard City Council Meeting- June 3,2024  Page 14of21    485  WATER & SEWERI FUND FIRE DISTRICT FUND CAPITALI RESERVEI FUND BJERG FUND HEALTHI INSURANCE! RESERVE FUND HEART OFE BREVARDI FUND HOUSING TRUST FUND TOTAL  7,432,800 2,991,900 100,000 2,800 1,832,900 171,000 200,000 26,080,655  $  Section 20. Therei is here hereby! levied at tax at the rate oft forty eight cents ($0.4800) per onel hundred dollars ($100) valuation of property as listedf for taxes as of. January1 1,2024 for the purpose of raising the revenue listed as Taxes int the General Fundi in Section1 oft this Ordinance. This rate is based on an estimated total valuation of property for the purposes oft taxation of $1,350,000,000 and an estimated Section 21. Therei is hereby further levied at tax at the rate of $0.2130 cents per one hundred dollars ($100) valuation of property as listed for taxes as of. January 1,2024 within the boundaries of the Heart of Brevard Municipal Service District for the purpose ofr raising the revenue listed as Taxes int the Heart of Brevard Municipal Service District Tax Fundi in Section 15 oft this Ordinance. This ratei is based on an estimated total valuation of property for the purposes oft taxation of $71,000,000 and an estimated  collection rate of 99.3%.  collection rate of 99.3%.  Section 22. Therei is hereby further attached (Exhibit A) to said Ordinance a schedule of taxes, fees, and Section 23. The Budget Officer shall be authorized to reallocate departmental appropriations among the various linei item expenditures of that department, as said officer believes necessary. The Budget Officer shall be authorized to effecti interdepartmental. transfers, in the same fund, provided that no departmental budget shall be reduced by more than ten percent without the prior approval oft the City Council. Anys such transfers shall be reported to the City Council ati its next regular meeting and shall be Section 24. Copies of the Budget Ordinance shall bet furnished to the Budget Officer and Finance Officer oft the City tol bel kept ont file by them for their direction int the collection and disbursement ofi funds. Said officials are hereby authorized tor receive and expend funds as herein set forthi in accordance with the  charges for the General and Utility Funds.  entered int the minutes.  Brevard City Code and the General Statutes of the State of North Carolina.  Adopted and approved this the 3rd day of. June, 2024. Attest: Denise Hodsdon, City Clerk  s/Maureen Copelof, Mayor  L-2. Proposed Amendments to City of Brevard Unified Development Ordinance, Chapters 123.45.68.9,10.1210,2,13.14,16,17amd 19-Group Developments and Subdivision Regulations Emily Brewer: recalled that Council helda ap public hearing on this item att the last meeting. She explained that the Building Brevard. 2030 Comprehensive Land Use Plan calls for "a development pattern that respects Brevard's sense of place and prioritizes livable communities." The Unified Development Ordinance establishes procedures and standards for the development and subdivision ofl land withini its corporate limits and extra-territorial, jurisdiction." This staff-initiated text amendment began as a comprehensive review of the City's subdivision regulations, which govern how a property may be divided in order to:  Provide for the orderly growth and development of the City andi its extra- Protect and enhance property ownership and land values; Maintain conditions essential to thej public'sl health, safety, and general Facilitate adequate provision of public services; and Facilitate the further re-subdivision ofl largert tractsi into smaller parcels ofl land  territorial jurisdiction; welfare; for development.  Minutes- Brevard City Council Meeting- June 3,2 2024  Page 15of21    486  During this process, Staff considered when the regulations should encourage subdivision ofl land and when subdivision wouldn't be necessary. Thes scope oft this effort was expanded to examine development; patterns, more generally, in the UDO.This includes revised group development regulations, where more than one] principal  structure: is permitted on aj property. Ther major changes are as follows:  1. Establishment ofa Group Development regulation section and establishing different types of group developments that have different permissions and 2. New Missing Middle Housing' Type Cluster home development which allows fors small loti residential development in ar manner that organizes multiple dwellings around a common open space, designed as a cohesive whole and 3. Location of Off-Street Parking in Group Developments which will allow for denser development with more creative site design and/or more appropriate site design that accommodates topographic andl logistical challenges. 4. Types of Subdivisions - revised definitions ofe exempt, minor and major subdivisions to clarify thej processes and submittal requirements. Sincet the publicl hearing, Staff made one minor change ini response toa a Council member's concern about the potential for circumvention. The proposed amendments nowi include the caveat that developments creating interior lots for development (.e., not environmental containment and conservation lots) are required to follow the same submittal / review process as major subdivisions. This change ensures the subdivision is subject to review byt the Technical Review Committee and shared improvements are reviewed at this 5. Variances to Subdivision Regulations - the proposed amendments separate thes subdivision regulations from the zoning standards and establishesa) new Chapter 4 [Lot and Subdivision Requirements) with limited variance 6. Subdivision. Approval Procedures - Clarifies the review process and amends thes subdivision regulations tol be entirely administrative with Staff as the approval authority for all subdivision decisions, and appeals being sent to the 8. Private Roads for Subdivisions - clarifies what constitutes a public street, but also adds stipulations for when aj private street may satisfy road frontage 9. Plat Requirements and Certifications havel been updated to reflect NCGS and 10. Connectivity Index Requirements -1 removes the connectivity index measurements: for new neighborhoods foundi in Section 9.2. Mr. Morrow moved, seconded by Mr. Wise to adopt the amendments as written.  standards.  maintained: in shared: stewardship by residents.  stage ofthe development process.  authority.  Board of Adjustment.  7. Minimum Lot Size to clarify the density requirements.  requirements for newl lots int the ETJ. clarify the administrative review items.  The motion carried unanimously.  ORDINANCE NO. 2024-23  AN ORDINANCE. AMENDING MULTIPLE CHAPTERS OF1 THE CITY OF BREVARD UNIFIED DEVELOPMENT ORDINANCETO AMEND THE GROUP DEVELOPMENT. AND SUBDIVISIONI REGULATIONS WHEREAS, the City ofE Brevard Planning Board! has recommended that the Brevard City Code, Unified Development Ordinance Chapter 1- Purpose and Applicability; Chapter 2-1 District Provisions; Chapter 3 Use Definitions and Standards; Chapter 4- General Lot and Structure Provisions; Chapter 5- Building' Types and Architectural Standards; Chapter 6- Environmentall Protection; Chapter 8- Tree Protection: andl Landscaping; Chapter 9- Circulation and Connectivity; Chapter 10- Parking Standards; Chapter 12- Signs; Chapter 13- Infrastructure Improvement Requirements; Chapter 14- Nonconformities; Chapter 16- Administration; Chapter 17-1 Development Plan Requirements; and  Chapter 19-1 Definitions be amended; and,  Minutes Brevard City Council Meeting- June 3,2 2024  Page 16of21    487  WHEREAS, the City Council ofthe City ofBrevard finds thatt the proposed amendmenti is consistent with the followinge elements ofti the City ofE Brevard Comprehensive Land Use Plan Building  Brevard 2030: Goals  GOAL 2: Encourage a development pattern that respects Brevard's sense of place and prioritizes GOAL 7: Support economic vitality and grow the tax base, cultivate local businesses, and attract GOALE 8: Planj for efficient, equitable, andi resilient infrastructure ands services that maintain and LUH-4: Identify areas across the city that arel best positioned to accommodate, futureg growth. LUH-9: Evaluate and amend development ordinances toj facilitate infill development on vacant and LUH-19: Enhance communication of land use planning efforts, policy development, approvals and WHEREAS, aj publicl hearing was conducted on Monday, May 20, 2024, byt the Brevard City Council, and, after hearing allp persons wishingt to comment, and upon review and consideration ofthe proposed amendments, itist the desire oft the City Council ofthe City ofE Brevard Unified Development NOW, THEREFORE, BEI IT ORDAINED: BYTHE CITY COUNCIL OF THE CITY OF BREVARD, SECTION 01. Brevard City Code, Unified Development Ordinancei is hereby amended as depicted SECTION 02. As toa any conflict between this Ordinance: and any parts ofe existing ordinances, the SECTION 03. Ifanys section, subsection, paragraph, sentence, clause, phrase or portion oft this Ordinance is fora any reason heldi invalid or unconstitutional by any court of competent jurisdiction, such portions shalll bec deemed severable ands such holding shall nota affectt the validity oft the remaining portions SECTION 04. This Ordinance shalll bei inf full force andi ine effect from and after the date ofi its  livablec communities. sustainable. industry.  improve quality oflifet throughout the city.  Actions  underdeveloped, parcels, as well as revitalization ofdeveloped parcels.  processes.  Ordinance bea amended: as outlined below. NORTH CAROLINA' THAT:  in Exhibit A, whichi isa attached hereto andi incorporated! herein by reference.  provisions oft this Ordinance: shall control.  hereof.  adoption and approval.  Adopted and approved this the 3rd dayo ofJ June 2024.  Attest: Denise Hodsdon, City Clerk M. New Business  s/Maureen Copelof, Mayor  M-1. Authorize City Manager to Enteri into Lease. Agreement for132 Commerce Street- - Mr. Hooper explained thel leasei is still under negotiation, but the Af five-yeari initial term with two optional two-year extensions. Ar regular monthly lease rate of $6,666.67 and a' TICAM (taxes, insurance, common area maintenance) charge of $1,100/month. A3% annual increase tot the regular lease rate. Enumerated maintenance responsibilities for each] party. accommodate the police department's unique needs.  highlights are as follows:  Written exceptions to the building's condominium association requirements to He explained that thet things we: are: still negotiating are special exceptions to the building's condominium association to accommodate our special needs as a Police Department, such as the landlord's access tot the facility. He asked Council to authorize him to continue negotiating and finalize the terms oft the lease and sign it on the City's behalfi in order tol begin thej process ofr relocatingt the Police Department to their new facility. Mr. Daniel moved, seconded by Mr. Wiset to authorize the City Manager to enter  into thel lease agreement. The motion carried unanimously.  Minutes Brevard City Council Meeting- June 3, 2024  Page 17of21    488  RESOLUTIONI NO.2024-25  RESOLUTION. AUTHORIZING THE CITYI MANAGER TOI NEGOTIATEAND EXECUTEALONG-TERM LEASEA AND OTHER RELATED! DOCUMENTSFOR 132 COMMERCE: STREETI FORI NEW BREVARD POLICE DEPARTMENTI HEADQUARTERS WHEREAS, therei isar need tor relocate thel Brevard Police Department from itso current facilityi in WHEREAS, the Cityl hass signeda as short-term lease tot temporarily relocate the Policel Department WHEREAS, Staffo choset tof focus their efforts on usingt the facility located: at 132 Commerce! Street WHEREAS, Staff has negotiateda al longer-term lease with the owners oft the 132 Commerce: Street NOW THEREFOREI BEI ITE RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BREVARD, Section 1. The City! Manageri is authorized tor negotiate and execute a long-term Lease Agreement onl behalf oft the City ofE Brevard for the facilityl located at 132 Commerce Street for relocation oft thel Brevard Police Department, subject tof final reviewa and approval oft the City Attorney.  thel basement of City Hall; and  toaf facilityl located: at 132 Commerce. Street whilei investigating! longer-term options; and ast thel longer-term solutiona and has engaged contractors tor make upfits tot the facility; and  property.  NORTH CAROLINA: THAT:  Adopted and approved this the 3rd day ofJ June, 2024.  Attest: Denise Hodsdon, City Clerk  s/Maureen Copelof, Mayor  M-2. Burrell Mountain Water' Tankl Project Amendment and Funding Increase- Mr. Hooper pointed out that the money for this extra debt service oft the 0% loani is already included in the budget. Mr. Morrow: moved, seconded byl Mr. Wise to approve the funding increase for the Burrell Mountain water tank project. The motion  carried unanimously.  RESOLUTION NO.2 2024-26  RESOLUTIONI BY CITY COUNCIL OF1 THE CITY OF BREVARD' TO ACCEPT INCREASEI INI LOANE FUND ONI BURRELLI MOUNTAIN WATER' TANK WHEREAS, the North Carolina Clean Water Revolving Loan and Grant Act of 1987 has authorized ther making ofl loans and grantst toa aide eligible units ofg government inf financingt the cost ofconstruction ofv wastewater treatment works, wastewater collection: systems, and water supply WHEREAS, the City of Brevard has previously accepted $2,143,538 inj principal forgiveness and $714,512i in State Revolving Loan for the construction ofai new Water Tank on WHEREAS, the Project expenditures have exceeded budgeted amounts, mainly due to unexpected change orders related to substandard soils, as highlighted by the engineer, Brown WHEREAS, thel North Carolinal Department ofE Environmental Quality has offered toi increase the State Revolving Loan, from $714,512 to $947,597 to cover the change orders required for the WHEREAS, the City of Brevard has constructed: said projecti ina accordance with the approved NOW,THEREFORE, BEITE RESOLVEDI BYTHE CITY COUNCILO OF1 THE CITYOF 1. Thatt the City ofE Brevard doesl hereby acceptt the State Revolvingl Loan, offer of$947,597. Thatt the City of Brevard does hereby give assurance tot thel North Carolina Department of Environmental Quality that alli items specifiedi int thel loan offer, Section II- Assurances will 3. That Dean Luebbe, Assistant Cityl Manager andl Finance Director, and: successors sot titled,i is herebya authorized: and directedt tof furnish such information ast thea appropriate State agency may requesti in connection with this project; tor make the assurances as contained: above; and  systems, water conservation projects; and  Burrelll Mountain; and  Consultants PA, att the August 21,2 2023 City Council meeting; and construction oft thel Burrelll Mountain' Water' Tank; and  plansa ands specifications.  BREVARD, NORTH CAROLINA' THAT:  bea adhered to.  Minutes- Brevard City Council Meeting- June 3,2 2024  Page 18of21    489  toe executes such othero documents: asr mayb ber required by the Division ofWaterl Infrastructure.  Adopted anda approvedt this 3rd day ofj June, 2024.  Attest: Denise Hodsdon, City Clerk  s/Maureen Copelof, Mayor  ORDINANCE NO. 2024-24  CAPITALI PROJECT ORDINANCETO AMEND ORDINANCE NO. 2021-371 BURRELLI MOUNTAIN WATER TANKI PROJECT  BEIT ORDAINED byt the City Council oft the City of Brevard, North Carolina that pursuant to Section 13.2 of Chapter 159 ofthe General Statutes ofl North Carolina, thef following capital project ordinance isl hereby Section 1:7 The budgeted expenditures and revenues listed under the ordinance 2021-37 will be Section 2: TheF Project replacedac oner million gallon watert tank on Burrell Mountain that waso over Section 3: The Project exceeded budget, mainly due to the removal of large amounts of  amended:  increased from $2,915,211 to $3,165,211.  sixty years old. Thel Project was completed inl December of2023  substandard: soil that was not anticipated.  Section 3: The following amounts are appropriated for the project:  Account Number 31-8540-1000 31-8540-1000  Account Name  Budget Amount  Burrell Mountain' Water Tank $2,915,211 Burrell Mountain WaterTank $250,000  TOTALI PROJECT APPROPRIATION  $3,165,211  Section 4: The following revenues: are anticipated tol be available for project expenses:  Account Number 31-3250-0000 31-3970-0420 31-3970-0420 31-3970-0420 31-3970-0000  Account Name Transfer from Water Fund NCDEQ Loan Forgiveness NCDEQ Debt Payable NCDEQI Debt Payable Fund Balance. Approp  Budget Amount  $57,161 $2,143,538 $714,512 $233,085 $16,915 $3,165,211  TOTALI PROJECT REVENUE contractual: agreements, ifapplicable. and orderlya and timelyr manner.  Section 5: The Finance Director is hereby directed to maintain within the capital project fund sufficient specific detailed accounting records to satisfy the disclosure requirements of all the Section 6: Funds may be advanced from the General Fund or from any Enterprise Fund as necessary fort thej purpose ofr making payments as due. Reimbursement: requests shall ber madei in Section' 7: Thel Finance Directori is directed to report, on a quarterly basis, ont the financial status Section 8: The Finance Director is further instructed toi include a detailed analysis of past and future revenues and expenses during each annual budget submission made to the Governing Section 9: Copies oft this capital project shall! bef furnished tot the City Clerk, Finance Director and  ofeach] projecte elementi in Section 3a and Section 4.  Board.  Cityl Manager for directioni inc carrying out this project.  ADOPTED byt the City Council oft the City ofE Brevard, North Carolina, ont this  3rdo day of] June, 2024. Attest: Denisel Hodsdon, City Clerk  s/Maureen Copelof, Mayor  Minutes- Brevard City Council Meeting- June 3,2024  Page 19of21    490  M-3. Amendments to City Council Meeting Calendar- -Staffrecommended  changes to City Council's: meeting schedule as follows:  1. Addition ofa an Ecusta' Trail Workshop on June 26, 2024 3. Amend location of August 19, 2024 meeting tol MCJCCC City Council Meeting Calendar. Thei motion carried unanimously. N. Remarks/Future. Agenda Considerations.  2. Cancel) July 15, 2024 meeting  Mr. Morrow moved, seconded by Mr. Baker to approve the amendments to the  Mr. Wise saidI I don'twant tol lose sight oft thei importance of ourt two proclamations wel hadt this evening, both for) Juneteenth and for Pride Month. Ithink these are fantastic for our city to show people that we are an all-inclusive caring community. Iwould argue that) Juneteenth is one oft the mosti important holidays our country has and itg goes al little distance ini fixing somethingt thati is sO egregiousi it'sl hard toa actually conceptualize. Pridel Month hopefully begins tol bring people into our community thatl havel been marginalized for far tool long for no reason ata all. Ithink these are both reallyi important and reallyj joyous things to think about as we are kind of moving some difficult otheri issues happeningi in our community. They reemphasize the strength of our community: and thei importance of all the people here. Ms. Holder said I want to say againl howi importantl I feeli itis that we come together as a community. Idon'twant tol belabor the point, butt there was one meeting inl Rosenwald, but there were: several in the community. Itv would. havel been good for us to come together andl Ithinkt this is an opportunity for us to explore that. We're not going to always agree, but atl least we can come together andi make the effort. Deep down, Ithink that we are: all willing to do that;Io certainly am. Iwould like to see this as  an opportunity to move forwardi in a different way.  Mr. Morrow: said ditto.  Mr. Daniel said Ithink that this meeting, andl Iwouldi include the White Squirrel Festival, exemplifies thel hard work that our staff does. Itis reflectedi in several of these presentations and our budget as well. Iwould like tot thank them for that. Mr. Bakers said thisi is the first meeting since the White Squirrel Festival andI want to thankl Nicole andt thel Heart of Brevard. Itf feltl like we werel backt to normal and even exceeded what was normal before Covid. By all accounts it was a great festival and very well organized. Saturday night was wild andi it was incredible to see that many people on Main Street. Also, it was the first year that wel had the Social District open during the festival and downtown did notl burn down surprisingly. Iwas anticipating that! based on earlier comments. Itwasa a great event and Ilook forward to Attorney McKeller said I want to thank youf folks sitting upl here. Ithas become apparent over thel last week or so that not all meetings are done or performed in such a genteel honest way. Sometimes youl hear stuff during public comments that you don't necessarily like andt that every fiber ofy your being wants you toj jump over the table and take as swing ats somebody. Ijusta appreciate thaty yout take public comment for whati itis takingi input from thej public and listening to what's! being said by the constituents that puty you upl here. Iwant to thank you for doing that and Ireally appreciate it. Mr. Hooper referred back to a comment that Mr. Warren and Ms. Holder made earlier about exploring the possibility ofa differentiated property tax rate for different income levels. He saidt thati isar meritorious idea, but unfortunately iti is not legal in the state of North Carolina accordingt to the State Constitution. Another nuance ist that any exemption you make for property tax has tol be made statewide and hast tol bes set by the General Assembly. Witht thats said, therei isar movement afoot amongst county commissioners' in the western ande eastern counties of the state to get the General  more in the future.  Minutes- Brevard City Council Meeting- June 3,2 2024  Page 200 of21    491  Assembly toj pass ac different taxi rate for second homes. And sO communities like ours that! have a lot ofv vacation homes ands second homes thats sit vacant most oft the year, but stilll burden our services, would have toj paya a different rate. Itist the first time ina al long time thati notion has got some momentum. Our own County Manager Jaime Laughteri is on thel North Carolina Association of County Commissioners: Legislative Committee and shei isl helping push this effort. Perhaps in sessions to come, we might havet the abilityt to charge a different taxi rate tos second homes and that would benefit thet tax base ofour community greatly. Mr. Hooper added that our Public Works Director Wesley Shook Mayor Copelof saidI Iwant to thank the staffa and Iwant to thank the public for thel budget that we now have. Iappreciate all oft the time, the effort, the comments, the people that came that made ust think about it, and as you can see wel have listened toa lot oft the comments. That 2-cent taxi increase didi not go into thel budget this year. I knowl how much worki itt tookf fort thes staff and Ij particularly want to thank our City Manager for all oft the effort that wenti into thel budget. Ithink thisi is al budget thati is going tol balance and allow us to go forwardi in the areas that we are: SO committed to moving forward on. About the White Squirrel Festival - fora al little town of8 8,000 and for our partner Heart of! Brevard who has two full-time employees and one part-time employee toj put on a 3-day festival that rivals any festival in a gigantic cityi is absolute amazing. Youg guys rocka and you: absolutelyl brought itl home; that was thel best White Squirrel Festival and this community has thel best mains street organization ever! Thank you. Iam really proud today that we were able tor recognize Juneteenth and Pride Month herei in the city. Brevard is a very special place. Brevard has an incredible heart; wel have an incredible welcoming nature and Ihope that we all embrace that. I encourage: you to come to our Juneteenth celebration on! Saturday and Sunday June 15th and 16th, Please come andj join usi in fellowship, in community, in inclusion, andi in learning more about what) Juneteenth is about; about the past that wei need to  welcomed! hiss second grandchild today.  understand in order tol be able to move: forward. 0. Closed Session - None.  P. Adjourn - Therel being noi further business, at 8:06] p.m. Mr. Morrow moved, seconded by Ms. Holder, to adjourn the meeting. The motion carried unanimously.  buieditidon Denise Hodsdon, CMC City Clerk  nlg  Mayor  Minutes Approved: June 17,2024  Minutes Brevard City Council Meeting- June 3,2024  Page2 21 of21    492  MEPAGENTOTONUTUNTHAN