421  MINUTES BREVARD CITY COUNCIL Regular Meeting May 6, 2024-5:30 PM  The Brevard City Council met ini regular session on Monday, May 6, 2024, at! 5:30 Present - Mayor Maureen Copelof, Mayor Pro Tem Gary Daniel, and Council Staff Present- - City Attorney Mack McKeller, City Manager Wilson Hooper, City Clerk Denise Hodsdon, Assistant City Manager/Finance Director Dean Luebbe, Assistant to the City Manager Alex Shepherd, Assistant Planning Director Aaron Bland, Human Resources Director Kelley Craig, Communications Coordinator Becky McCann, Police ChiefTom Jordan, Public' Works Director' Wesley Shook, WastewaterTreatment Plant ORC Emory Owen, Water Treatment Plant ORC Dennis Richardson, Community Center DirectorTyree Griffin, Fire Captain Adam Hughey,and Members of Brevard Police  p.m. in the Council Chambers of City Hall withl Mayor Copelof presiding. Members Mac Morrow, Aaron Baker, Pamela Holder, andi Lauren Wise  Department  Press- - Jon Rich, Transylvania Times and Danl DeWitt, Brevard NewsBeat A. Welcome and Call to Order- - Mayor Copelof called the meeting to order B. Invocation - Pastor' Victor Foster of Glade Creek Baptist Church offered an C.Pledge of Allegiance- - Mayor Copelofled thej pledge ofa allegiance. D.C Certification of Quorum -City Clerk Denise Hodsdon certified thata a quorum E. Approval of Agenda - Mr. Morrow: moved, seconded by Ms. Holder to  and welcomed those) present.  invocation.  was present.  approve the agenda as presented. The motion carried unanimously.  F. Approval of Minutes  F-1. April 1,2 2024 Regular Meeting - Mr. Wise moved, seconded by Mr. Baker toapprove ther minutes ofthe April 1, 2024 Regular Meeting as presented. The motion  carried unanimously.  G.F Public Comments  Nora Jane Montgomery said Iam speaking on behalfo of Brevard Bike Alliance,a grassroots organization that seeks to use engagement, education, and advocacy to enhancel human powered transportation and recreation. We believe safety, access and equity strengthen our community. lam speaking to yout tonight to urge you to retain the $132,000 off funding toward the multi-use path fund. We appreciate thel budget is tight this year, but we fear abandoning this dedicated money willl be as step backward fort thet trail and for our community. Over the years Council has repeatedly pledged to the citizens ofl Brevard tol build and complete thel Estatoe path. The project was first discussed by Council as early as 1996 and the earliest section was completed in 2003. For 20-plus years wel have chipped away at completing: a multi-use path that would connect our schools, our businesses, and our community. Currently the City of Brevard reports that thej project is 85% complete. With just 15%1 remaining to complete this meaningful capital project, abandoning: annual dedicated funding would bea message to our community that we do not care about completing the projects we started long ago. Durings your annual budget prioritization retreat councilmembers stated the    422  importance of finishing the projects already begun. Ofseven goals set duringt this retreat, completing thel Estatoe Trail checks four oft those goals: infrastructure, economic development; safety, and connectivity: and transportation network. In August 2018 the City passed a resolution to complete the construction of the Estatoe path within three years. Just over aj year ago Council unanimously adopted thel Pedestrian and Bicycle Plan. Oft theg goals listedi in thec document, the top priority was completion of thel Estatoe path. Barelyay year old, iti isi imperative that we: see this plan enacted. We assert that thel Estatoe' Trail isi indeed a criticall link for our students to travel tos school safely; for folks who don'thave access to vehicles to be ablet to go to work, the grocery, thej pharmacy; for ourl local community members tol have access to recreation opportunities includingt thei imminent Ecusta Trail; and for our community to reflect inclusivity, wellness, and safety. Wea are here today to ask you tol honor the promises youl have made tot the people of Brevard andt to finish this] project! before you choose to cut the dedicated funding fort thel Estatoe' Trail. While we do thank youf for the $25,000 you: allocated to thef fund, we believe itis crucial to retain the annual earmarked funding Emma Zanetti said I want to address all of you this evening on behalf ofs some of the owners ofb businesses on West) Jordan Street. My business is called Newfound Artisan and Iam here on behalf of me, Paper and Wood and Starfangled Press. Our businesses arel located on' West] Jordan Streeti inside thel Heart ofl Brevard. The purpose ofmel beingl here today is to express our disappointment with the City's communication regardingt the stormwater upgrades that are being conductedi in the' Times Arcade Alley and West) Jordan Street. We: are also concerned: about the extended timeline fort the project. To date, therel has been veryl little official public communication about the persistent closure ofj Jordan Street. To be clear, we are not upset about the project in general as we are: all well aware oft thei importance oft this project to address critical infrastructure issues. We werel happy that thej plan was to complete the project during as slower season. However, we recently learned viaa al Hub for the Arts Committee meeting that the project will not! be completed before White Squirrel Weekend as originally planned. Wea alsol learned that there was an agreement made with the City and/or contractors toj pause work during! lunch service at Square Root to accommodate the restaurant's desire to serve. lunch on their patio. Itis disturbing tol know that this agreement took place without consideration for the other businesses that would be affected byt this decision. One can only assume that byt taking extended breaks to accommodate one business has led, atl leasti inj part, to the delay that wasj just communicated to us via our Arts Committee meeting. In addition to this recent news, we are disappointed that the City has not been consistently communicating with the general public about) Jordan Street closures. Thel lack of communication has been brought to the attention oft thel Mayor, thel Planning Department, and the Heart of Brevard. We do not believe the communication breakdown is the fault ofthe Communications Director, whol has demonstrated: a strong ability to communicate clearly and effectively. Wes suspect the Communications Director is not being given the necessary information from thel Planning Department, whichi is ultimately responsible for thei management oft this project. We are collectively asking the City to ensure that moving forward therei is clear and consistent communication to the public about street closures on) Jordan Street and thei impact those closures willl have on thel businesses located there. For example, we would) liket the communications toi include whethera street closure means: sidewalks are also closed or not, whether people will still be able toa accessl businesses and the public parking lot on) Jordan Street. Wel believe these communications can bei made via the City's text messaging platform as well as its social media platforms. We: are: also asking for another stakeholder meeting so that businesses and other stakeholders can receive an official update and engage in discussion with the Citys staff regarding the management oft this project and! how it  ofone-penny pert tax dollar. Thank) you for your time.  continues to affect our business.  H. Certificates/Award/Recognition  H-1. Recognition ofl Police Officer Wilson Bunn) Promotion to Sergeant- Police ChiefTom Jordan recognized Police Officer Wilson Bunn who came tol Brevard as al Detective and hasl been promoted to Sergeant. Chief) Jordan presented Sergeant Bunn  Minutes Brevard City Council Meeting- May 6,2024  Page 2of22    423  with his Sergeant's badge and his daughters Rebecca and Isabella pinned thel badge on H-2. Proclamation No. 2024-09 National Police Week & Peace Officer's Memorial Day 2024 - Mayor Copelofread the proclamation aloud and presented itto  his uniform.  Police ChiefTom Jordan.  Proclamation No. 2024-09 National Police Week and Peace Officer's Memoriall Day 2024 Brevard, North Carolina  WHEREAS, the Congress and the President oft the United States! have designated that therel bea WHEREAS, the members oft thel law enforcement: agencies ofNorth Carolina playa an essential WHEREAS, there: are more than 800,0001 lawe enforcement officers servingi in communities across WHEREAS, thes servicea ands sacrifice ofall officersl killedi int the line ofc duty willl bel honored during thel National Law Enforcement Officers Memoriall Fund's 36th Annual Candlelight Vigil, on the evening of WHEREAS, itisi important thata all citizens know and understand thej problems, duties and responsibilities oft their lawe enforcement offices and agencies, and that members oft those agencies recognize their duty tos serve the people! by saleguarding life and property, by protecting them against violence or disorder, and by protecting thei innocent against deception and the weak against oppression WHEREAS, the citizens of Brevard recognize and appreciate the contributions made by law NOW, THEREFORE, I, Mayor Maureen Copelof and the Brevard City Council, call upon all citizens toc observe Wednesday, May 15, 2024,as" "PEACE OFFICER'SI MEMORIAL DAY" and May 12-18,2024as "NATIONAL POLICE WEEK" inE Brevard, North Carolina, andt thata all of our people joini in commemorating law enforcement officers, past and present, whol byt their faithful and loyal devotion to their responsibilities have rendereda a dedicated: service to their communities. Ins sO doing, they have established fort themselves ane enviable ande enduring reputation for preserving the rights and security of INV WITNESS WHEREOF, Ihavel hereunto set my hand and caused the Seal oft the City ofE Brevard H-3. Proclamation! No. 2024-08 Older Americans Month, May 2024 - Mayor Copelofr read the proclamation aloud and presented it to Dr. Paula Hartman-Stein, Community Coordinator for Brevard's Age-Friendly Community Initiative.  national Law Enforcement Officers Week; and  role ins safeguarding the rights and freedom oft the citizens oft the State; and  thel United! States, includingt the dedicated members oft the Brevard Police Department and the  Transylvania County Sheriff'sOffice;: and Monday, May1 13,2 2024; and  ori intimidation;: and  enforcement officers ata alll levels ofg government.  alld citizens.  tob be: affixedt this 6th day of May, 2024.  s/! Maureen Copelof Mayor  Proclamation No. 2024-08 Older Americans Month  Whereas, Mayi is Older Americans Month, a time for ust tor recognize and honor older adults and Whereas, through their wealth oflifee experience and wisdom, older adults guide our younger Whereas, older Americans improve our communities through intergenerational. relationships, Whereas, communities! benefit when! people of all ages, abilities, andl backgrounds have the Whereas, we must ensure that older Americans have the resources: and: support neededt tos stay  their immensei influence one every facet ofA American society; and  generations and carryf forward abundant cultural and historical knowledge; and community service, civice engagement, and many othera activities; and opportunity top participate andl livei independently; and  involvedi in our community- reflecting our commitment toi inclusivity: and connectedness.  Minutes Brevard City Council Meeting- May6 6, 2024  Page3of22    424  Now, therefore, I,N Maureen Copelof, Mayor ofBrevard, dol hereby proclaim May 2024 as Older Americans Monthi int the City ofE Brevard.' Thisy year'st theme,' "Powered! by Connection," emphasizes the profoundi impact ofr meaningfuli interactions ands sociald connection ont the well-being: andl health ofo older We call upona all residents toj join usi inr recognizing the contributions ofo our older citizens and promoting programs and activitiest that foster connection, inclusion, and: support for older adults. INI WITNESS WHEREOF,Ihavel hereunto: set my hand and cause the Seal oft the City of Brevard to  adults inc our community.  bea affixed ont this 6tho day of May, 2024.  s/Maureen Copelof Mayor  H-4. Joint Proclamation of May as Mental Health Month in Transylvania County, the City of Brevard and' Town of Rosman - Mayor Copelof noted that this isa joint proclamation of" Transylvania County, the City of Brevard, and the' Town of Rosman. She read thej proclamation aloud and presentedi itt to representatives ofTC  Strong Nicole Essenberg, Beth Ford and Rik Emaus.  AProclamation  Mental Health Monthi inl Transylvania County, the City of Brevard, and the1 Town of Rosman WHEREAS, the mental health and well-being of ouro community members, especially oury youth, are paramount tot thev vitality andr resilience ofT Transylvania County, the City of Brevard, andt the Townof WHEREAS, recent tragice events, includings student suicides, have underscored the urgent need for increased: awareness, support, anda action to addressr mental health challenges inc our community; and WHEREAS, mentall healthi isa ani integral component ofc overall health andy wellness, and access to comprehensive mentali health resources and support services is essential for alli individuals tot thrive; and WHEREAS, stigma and discrimination: surrounding mental health concerns oftenp preventi individuals from seeking the! help ands supportt they need, perpetuating cycles ofs suffering andi isolation; and WHEREAS, byo comingt together asa a community, we can! break down! barriers, foster empathy, and create aculture ofu understanding, compassion, and acceptance for those experiencing mental health WHEREAS, Mayi isr recognized nationally asl Mentall Health Awareness Month, providing and opportunityto NOW, THEREFORE, we, the undersigned! leaders ofl Transylvania County, the City of Brevard, and thel Town ofF Rosman, dol hereby proclaim May as! Mental Health Month and call upona allr residents toj join usi in our commitment to prioritize mental health and well-being for ourselves, ourf families, and our community.  Rosman; and  challenges; and  raise awareness, combats stigma, and promote mental health resources;  We urge individuals to: needed.  Educate themselves and others about mental health andt thei importance ofs seeking help when Foster supportive andi inclusive environments where individuals feels safe tos share their experiences ands seek support without fear ofj judgment ors stigma. Advocatei forp policies andi initiatives that promote mental health awareness, access too care, and Encourage open and! honest conversations aboutr mental health, reducing thes silence and shame Access available mentall health resources ands support services ande encourage others to dot the Together, let usv work tirelesslyt to create a community where mental health is valued, prioritized, and supported, andy where everyi individual feels empoweredi tol livet their lives tot thet fullest.  suicide prevention efforts. that often surround thesei issues.  same.  This the: 22nd day ofA April, 2024.  s/J Jason R. Chappell s/Maureen Copelof Mayor, City ofE Brevard s/Brian Shelton Mayor, Town ofF Rosman Page 4of22  Chair, Transylvania County Board of Commissioners  Minutes- Brevard City Council! Meeting- May 6,2 2024    425  H-5. Proclamation No. 2024-10 Professional Municipal Clerks Week- Mayor Copelofread thej proclamation aloud and presented it to City Clerk Denise  Hodsdon.  PROCLAMATION: NO. 2024-10 May 5-1 May 11,2024  55th ANNUALPROFESSIONAL MUNICIPAL CLERKS WEEK  Whereas, the Office oft the Professional Municipal Clerk, at time honored and vital part ofl local Whereas, the Office ofthel Professional Municipal Clerk is the oldest among publics servants; and Whereas, the Office oft the Professional Municipal Clerk provides the professional link between Whereas, Professional Municipal Clerks have pledged tol be ever mindful oftheir neutrality and Whereas, thel Professional Municipal Clerks serves ast thei information center onf functions ofl local Whereas, Professional Municipal Clerks continually: strivet toi improve the administration ofthe affairs oft the Office ofthe Professional Municipal Clerkt through participation ine education programs, seminars, workshops and thea annual meetings oftheirs state, provincial, county andi international Whereas, itisn most appropriate that we recognize the accomplishments oft the Office ofthe Now, Therefore, I, Maureen Copelof, Mayor oft the City ofE Brevard, do recognize the week of May 5through May 11,2024, as Professional Municipal Clerks Week, and further extend appreciation to our Professional Municipal Clerk, Denise Hodsdon, andt to alll Professional Municipal Clerks fort the vital services they perform and their exemplary dediçation1 to the communities they represent. IN WITNESSI WHEREOF, Ihavel hereunto set my hand and caused the Seal oft the City ofB Brevard  government exists throughout the world; and  the citizens, thel localg governing bodies and agencies ofg governmenta at other levels: and  impartiality, rendering equals service toa all; and government: and community; and professional organizations; and Professional Municipal Clerk.  tob bea affixed ont this 6th day ofMay,2024.  s/N Maureen Copelof Mayor  I. Special Presentations  I-1. Personnel Policy Revisions Kelley Craig explained that in coordination with the annual budget process, staffh has been reviewing the City's Personnel Policy to identify any updates and/ora amendments that mayl be recommended or necessary. This year Staff! has recommended three changes to thel Personnel Policy. These changes are all employee-focused andl helpi in the City's efforts to retain and attracti its employees. Thej proposed changes havel been reviewed by the Finance/HR: and Citizen Appointment Committee witha ar recommendation for Council to approve. The proposed On-Call payi increase from the rate of $0.90 per hour to $2.00 per hour. This applies to employees in Public Works and thel Police Department who are responsible for being on-call 241 hoursa day/7days a week. The budgetary impact is approximately: $15,000 (includingt taxes and benefits) and this increased cost is already factored into the FY25 recommended budget. Floating Holiday as ar result oft thei inquiry into adding anther paid holiday for President's) Day, staffr recommend. adding a floatingl holiday fore employees which provides the flexibility for employees to use on a day oft their choice that hasa Revisions tol Paid Parental Leavel Policy This policy was approved in 2023 and grants six weeks of paid leave for individuals who have had thel birth, adoption or fostering ofa child. Thej policy required employees tol be employed fora period of one year in order to be eligible. The: revised recommendation would provide aj prorated leave amount for those with less than one year of service (but  changes are as follows:  special meaning to them.  atl least 30 days ofe employment) in incremental weeks.  Minutes Brevard City Council Meeting- May6 6, 2024  Page5of22    426  30 days to 6r months: = 2 weeks of paid parentall leave 6r months to one year = 4weeks of paid parental leave 1year or more = 61 weeks of paid parental leave  Ms. Craig noted thati in addition to these policy recommendations, there are some other HR-relatedi itemsi in the proposed budget. The recommended budget includes a cost-of-livingi increase of3.25% for all employees. We are also recommending: a change toj part-time Firefighter wages witha ai minimum! hourly rate of $16.40 andt this willl be the final stepi in getting those employees to al living wage. The finalj piecei included in thel budget ist taking the 401K for general employees from a 3% match toa a 401K contribution of 4% for all general employees. I-2. FY2025 Recommended Budget Presentation, FY2024 Supplemental Spending Plan, and Set Date for Publicl Hearing Mr. Hooper presented his Recommended! FY2 2024-2025 Annual Budget to Council (copy on filei in the Clerk's Office). A copy of Mr. Hoopers PowerPoint presentation is attached. The City of Brevard FY24-25 Recommended: Budget is $26,538,255. Mr. Hooper noted that thel budget maintains ore enhances servicel levels in all departments. Our three big revenue: sources - property tax, sales tax, andi interest income- have grown slightly! butr not by al lot. Allt their growth isl basically automatically swallowed upl by growth in the costs ofproviding services. To make thel budget work we need new or  enhanced: revenue. Therefore hei is recommending the following:  Revised solid waste/sanitation. fees to recover more of the costs of providing thes service. Because thes sanitation fundi isar money loser, iti is recommended that sanitation be brought back under the General Fund, rather thana  standalone enterprise. collection fees  Proposinga a $1/monthi increase to residential and small commercial Proposing a more: significanti increase in commercial dumpster fees Two-cent taxi increase to fund three new full time firefighters to enable the department tol have atl least two full-time firefighters on every shift; Anew" 'stormwater fee" to support maintenance and enhancement of our stormwater conveyance. system. Mr. Hooper offered a number of tiered fee options for Council's consideration, withl his recommendation' being $4/month for properties with ani impervious area under 7,000sq.ft; $15/month for 7,001 to 250,000: sq. ft. ofimpervious area; and $150/month AF High Strength Waste Surcharge on utility customers whose wastes have higher levels ofl Biological Oxygen Demand (BOD) and Total Suspended! Solids (TSS) that burden our treatment processes. Rates willl be based on how much' TSS: andl BODe each customer produces to offset the extra costs to treat high strength waste. There willl be an appeal procedure for those who believe they produce less' TSS and BOD than their assigned category. Regular 4%i increase int the per/1000 gallons utility rate to starts saving for Mr. Hooper reviewed thel balances of the City'ss six largest reserve funds. He is recommending: an FY24 Supplementary Spending Plan that would use some oft the existing dollars in these funds toj pay for somei important projects without burdening the FY25 budget. Thel Multi-Use Path Fund and thel Downtown Master Plan Fund will  from $20/month to $100/month  for over 250,000 sq. ft.  our upcoming capital projects.  bothl be endowed with $25,000 from the operating! budget.  Minutes Brevard City Council Meeting- May6 6,2024  Page 6of22    427  Mr. Hooper then reviewed examples of the cumulative impact of the various Mr. Hooper notedi if Council has any recommended changes, Staff willj publish those an addendum to thel Recommended: Budget so that they can be part of Council's  proposed tax rate and feei increases on taxpayers/atepayers. menu of choices inj preparation of the vote on June 3rd,  Mw At7:091 PMI Mayor Copelofo called for at ten-minute break -  Council Discussion/Questions:  Mr. Daniel said Ihave some concerns about thel budget. Iam happy that al lot of thei increases in this budget are in support of our staff. Ifeel that some oft the cuts that havel been made don't necessarily: reflect the will oft the Council or of our citizens. I think that some oft these expenses that we havei incurred, such as the Police move to Commerce Street, has changed our budget more thanl Ip personally expected it to. I understand why we did that, buta att the same timel I think we could divert: some oft the money we are spending. Instead of getting two police cars, perhaps we could get one and putt that money backi into thel Estatoe Traill Multi-Use Fund. Ithink therei is also, looking at Page 80,1 was wondering where on thisi is the Recreation Fund Item 1500 M&RI Buildings isi increasing by $15,000. Iam trying tol look at some of thesei items. Downtown planters is $20,400 andi if we'rei in al budget crunch, do we need tol be spendingt that! kind of money on planters? Ithink there are some ways to trim things that aren'tquite asi important to ouri infrastructure and ongoing business ofr running the city that would allow us to meets some of the needs that] Ifeel like wel have. Mr. Baker said Ithink tackling stormwater and thei issue of high strength waste are complicated: issues andI Ic commend Staff fort theire effortsi in those two areas oft the budget and trying toi introduce those ideas for the City going forward, but do sO with an eyet towards fairness. One big concern thatl Ihavei is the particular impact on al business like Classic Laundry and I wonderi ift therei is ap provision we can make to givet them some extra time to assess whether they are going to take thes step of proving thatt their wastewater mightr not! be as high-strength: as we thinki iti is, andi iftherei is some sort of pre-treatment thatt they are goingt to enact in order tol lower where they sit in the tiers, that we give them some extra time toi implement that pre-treatment. There are two maina areas where my concerns lie. I'll start with thei issue att thel Fire Department. Like ito or not, we'rei in a partnership with the County on this and it makes sense for local governments tol be able toj partner on things like this. The subtext to all of this is frankly the County's reputation and how theyl handle their budgets versus how wel handle our budgets. Iti isi important to call that out when we're talking about increasing our services, buti iti is not just the: services for the city's taxpayers; there are county taxpayers who willl benefit from thisi increase in services as well. I'm struck byac couple ofthings that were said. Ibelieve that the medical response addition was a County requirement: and that represents: a huge increase in the number of calls that our Department is responding to andt the County required us to make that change. Where we're down tol herei is that we're signing on fora a taxi increase for our city residents in order tol boosts services for notj just them, but also the county. Idon't dispute the need, butl Ithink thet timing of this should be considered. Asitis, I'm not comfortable with moving forward with this budget andt this taxi increase and this increase in services in the Fire Department before we talk to our partner and really understand thei impact long-term. Ifwe pay fort these three full-time positions int thel Fire Department 100% from the City'sh budget, which right nowi iti is 45/55, the Countyi is not going to show up int three years and say" "youl know those three firefighters you paid fort three years ago, we would love to pay for 45% of their salaries now". Thisi isa decision that we are making fora al longt time, Iwould argue forever. So before we do that, Ithink we need to takea al look att that contract, andt this may be aj year-long process, and negotiate that for thel long-term and talk about things liket thei medical response requirement and the impact that has had on our call volume. Ifwe are trulyi in aj partnership with the County, they should be understanding of that impact and where we would like to see the department go andt the services thati iti might provide for county residents going forward. Thes second concernI Ihave iss some of the major priorities that this Council and  Minutes Brevard City Council Meeting- May6 6,2024  Page7of22    428  previous Councils haves set in thep past. I'mg going to talk about housing and the multi- use path. Last year was the very firsty year that we assigned funds for housing in any meaningful way and that was two cents or $264,000: aj year. While this budget assigns $198,000 this year, I'm struck byt the fact that we're in our second year of addressing housing and we: are already taking a stepl back from the funding that we're allocating towards it. Idon'tthink: anybody would argue that the problem withl housing has gotten better in thel lasty yeara and Ialso don'tthink that anybody on this Council would agree thati iti is al lower priority thani it was lasty year. We're also in the very middle ofa realt tangible promising project with our partners atl DFI. So, thei idea oftakinga a step backi in our support for housingi is something thati personally just cannot stomach in this budget. In my mind thisi is nott the year to take a stepl back from our financial support for thel Estatoe' Trail. Yes, thel Ecusta' Trail isa a transformative project, but that isa almoste entirely funded byt two very large federal grants. We geta a reputation sometimes for doing things only for tourists, which is completely unfair and false, buti if we're truly embarking on thel Ecusta' Trail project as aj project not justf for our visitors, but for our citizens, then the Estatoe' Trail, the City'st trail network, is thel key to providing: access to thel Ecusta' Trail to our citizens. To reduce our funding from the Multi-Use Pathl Fund from one cent of the tax rate at $132,000 down to $25,000 aj yeari is something that Idon'tthinki isi in our strategic besti interest given thej projects that we have goingo on, and frankly Ithinki iti is contrary to the will of many, many Councils' opinions before us. The resolution that was passed in 2018 that we would finish the multi-use path int three years was certainly ambitious and wel have missed that goal, but maintain that we: should continue along thej path of completing that for our citizensi in timef for them to enjoyt the Ecusta Trail oncei iti isl built. Iagree with Councilman Daniel thatt therei is another subtext to the! budget which is that thei increase in expenditures that we're experiencing isi in large parti in thel Police Department: and the move to Commerce! Street is about a quarter-million dollars a year ini increased expense. Idon't think any of us are arguing whether that wasi important or not, or whether we: support it,Ithink we: absolutely do, butl think we do need to find a way to balance out the priorities of the Council that! have existed fors sometimes over 20 years in the case oft the Estatoe' Trail, and some oft these new issues that wei need to deal with. Sometimes there does need tol be ag give and at take between departments within the city and projects that wel have, and given how much money we are dedicating to supporting the employees in thel Police Department: now, ift there are ways that we can offset that or put offthe purchase oft the patrol carsi in order to fund the priorities that havel been around fora Mr. Wise said Ithink there has been al lot of great progress towards the goals we talked about during our budget retreat, but Ialsol have some concerns and we have heard most oft them tonight already from our previous two councilmembers. Il takei it al little bit further with the Fire Department Ido notl believe we: arei in aj partnership witht the County with this current agreement. A6 62/38 split for the: amount ofs services we're providing and then being burdened with additional services is nota a fair or equitable relationship between thet two ofu us. Idon'tknow thet terms oft the contract- -if therei isat term limit ont that contract ori ifthere is a renegotiation option on that contract. We hadt talked about that briefly in some other meetings, but wel haven't really delved intoi ita and Ishare the concern that we need to protect our citizens in Brevard and wel keep adding services that benefit citizens outside oft the city and it will not stop until we can get a contract thatIthinki is equitable. Soldol have al lotof concerns witht that andi iti is noti in any way arguing with what our Fire Department needs; iti isl how do we work with the County to get this equitable. The: second piecei is aligned with what Mr. Baker: said. Ifeell like there isa al history in the city of what we're hearing from citizens and what'si important and I feell like not funding these paths..itis easy tol look att these from the outside and sayi it'sj just aj path. Ihave tried to say fora couple years thatt these arel huge engines for our economy and they are critical for bringing peoplei into our community and establishing local businesses in our community. Wel have now had almosta 20-year history ofs saying we't re going to doi it and wel haven't gotten it done. Ithink wel have to find a way to move forward with this and continue thef funding. Last yearlwasn'tont the Council, but we kind of madea pledge to do that. Itist tough to say, butl Ialso agree that wel havel had some additional expenses for our Police this year andI I think they are very valid, necessary and needed  long time, then Ithinkl Iwould be supportive oft that.  Minutes Brevard City Council Meeting- May 6, 2024  Page 8of22    429  and Idov wonderi iftherei is a compromise there withl looking at these police vehicles, or atl least one, and itl kind of raises a question about, Iknowt thatt these vehicles are ona rotation: schedule and since wel know they areg going to be replaced, ist there a way to get thati into al budget request instead ofas supplemental request. Because! Iwould love to see ifthere is a way we could remove one oft those cars this year and take some ofthose funds tol help fund the trails. Tor melthinki iti is reallyi important tol honor these pledges we'rel hearing from our community. In aj perfect world, Iwould say we need to honor the one penny we: said we would do. Idon'tknow if we can actually do that, but Iam also worried we are going tol lose sight of thati in the future. Otherwise, Iwill say the moves we have done towards high concentrated waste and: sewer and water, Ithink are absolutely important andi imperative. We are looking at some majori infrastructure improvements with wastewater treatment coming up andI Iam really glad we're starting to get our eye to the future on that because those are massive capital improvement projects andi iti isi inevitable. As fara asI understand it, wel have not reached a good agreement to do any kind oft regionalization sO we are on our own out here. Ithink we alsol honored our non-profits this year and that was tough. Ireally appreciate us working together to make that happen. That'sl kudos, but Ithink wes still Ms. Holder said Iam struggling with raising taxes, garbage increase, utility increase, ands stormwater increase. That is four areas ofi increases. At thes same time, when we go to the store there are increases there; when we go to the grocery store, when we go to restaurants, Duke Power is going up andi many of us are: still dealing with thes samei income. Ifeverything isi increasing except our income, ini many casesi itis difficult to swallow and soi ifv wel have somewhere to trim Iwould liket to see a trim to some oft these areas that would help all of our citizens andi maybe not increase in some area this year. Idon'tl know ifiti has been done or not, butl lagree with what has been said about working with the County or not having that partnership as we: should financially. What would af feasibility studyl look liket for usi ifwe did not get two cars this year andj just got one, how would that look? With thats said, especiallyl looking at the Fire Department, ifwec didn'thave the additional staff that we need, Iwould hate tol be that third person who gave the call. lunderstand thei importance of adding additional personnel, lam justs strugglingy with all oft these fouri increases. Isaid thati in thel budget meeting and I'mj just repeating ita again. Iwould like to see more donet to: see where we can trim and! let that trim fall upon the public rather thani increasing four areas, maybe Mr. Morrow said the budget was presented really well and we understand the issues. Ini my view thel high strength waste thing was long overdue. My sense is that we've got three months to figure outt the laundries and the other folks. lagree with the additional firefighters and support whatever we need to do with Police and Fire over thel Estatoe' Traili in the sense that we: are going to spend this year way more than our one cent allocation to the trail with the grants and thel NCDOT and the carbon credits and all that. I'I have to defend the fact thatt the 3-year resolution was all predicated on ifv we gota a grant, well we didn'tg get the grant. Wel have lived off of grants and we're talking about do we really want to gos spend our tax money to extend a trail when iti isi in thel DOT project and we're goingt to get DOT to payf fori it? We've got ten projects out there that arel likely tol be funded in the future. Hea asked Aaron Bland when we would knowi ifv we: are going to get any oft that money. Mr. Bland said the scores will come back this summer. Mr. Morrows said SO within this year we are going tol know and that's how wel have been able to doi it without putting thel burden on the taxpayer, we have relied Mr. Hooper said we will publish the edits proposed by Council as an addendum tol his Recommended Budget and at the publicl hearing, we will ask folks tos share their thoughts on both possibilities. Mr. Morrow moved, seconded by Ms. Holder tol hold the public hearing on thel FY2025 Recommended Budget on May 20, 2024. The motion  haves some hard work ahead of us as well.  increase three areas that we: arel looking at proposingi increases.  on grants andy projects like the carbon.  carried unanimously.  .1 Public Hearing(s)  Minutes- Brevard City Council Meeting- May6 6,2 2024  Page9of22    430  J-1. Proposed Amendment to City ofl Brevard Unified Development Ordinance, Chapter: 15 - Board Roles- - Aaron Bland explained that this isa as staff- initiated text amendment to Chapter 15 oft the UDO. Chapter 15 details the authorities andi responsibilities for the City's Planning Board and Board of Adjustment. Chapter 160D of the NC General Statutes outlines specifically the responsibilities: and duties that thel Planning Board: and thel Board of Adjustment must do and others thatt they may do. This chapter was revised after 160D was initially adopted to update the different statutory references, but we did not do as specific review oft those roles and responsibilities: att thet time. This text amendment would doj just that, bringing these listed roles oft thet two boardsi into compliance with the new general statutes that cover land use lawi inl North Carolina. This amendment does four things to that regard: 1. Eliminate anything listed thati is not expressly authorized in thes statutes 2.1 Ensure and make clear eachl board's required duties andi responsibilities 3. List the optional responsibilities that eachl board actually engagesi in 4.A Amend thei makeup of thel Planning Board city/ETJ membership for better North Carolina General Statutes state that thel ETJ must have' proportional representation based on population for residents oft the extraterritorial area" on city boards such as thel BPBa and BOA (GS5160D-307). This proportionalityl ist tol be reviewed and adjusted following each decennial census; thisl has not yet been done following the 2020 census. The 2020 population oft the city was found tol be 7,818, and the population within the ETJi is estimated tol be 3,129, which results in a city-to-ETJ ratio of2.5.' This ratio of2.5i is the goal for the proportional representation on thel BPB and BOA. The current makeup of thel BOAi is 3 city and 2 ETJ members* which equalsa ratio of1.5. Changing the makeup oft thel BOA would resulti int the ratiol becoming further from the goal of2.5, 50 no change ist recommended for the BOA. Thel Planning Board, however, cani improve its proportionality. The current makeup of4 city and: 13 ETJ members equals ai ratio of1.33. Changing the makeup to! 5 city and 21 ETJ equals the ideal 2.51 ratio.' Therefore, iti is recommended that one of thel ETJ members be switched toad city member. Thel Planning Board has discussed these amendments att their February and March meetings, andi recommended in favor and submitted. a statement of  proportional representation  consistency.  Mayor Copelof opened the public hearing at 7:57 p.m. Public Hearing Public Participation- - None.  Public Hearing Closed - Mayor Copelof closed thel hearing at 7:57 p.m. K. Consent and Information Consent Agenda items are considered routine and are enacted by one motion. Mayor Copelof read aloud thei items listed and asked forar motion to approve the consent agenda. Mr. Morrow moved, seconded by Mr. Baker to approve the consent agenda. The motion carried unanimously. K-1. Proclamation No. 2024-07 National Day of Prayer  Proclamation No. 2024-07 Nationall Day ofPrayer  WHEREAS, al National Day of Prayer has! been part of our heritage sincei it was declared by the First Continental Congressi in1 1775, and the Uniteds States Congress in 1952 approveda) Joint Resolution WHEREAS, the United States Congress, by! Publicl Law: 100-307, in1 1988, as amended, affirms that itise essential for us asar nation top pray and directs the President oft the United States tos seta aside and proclaim the first" Thursday ofl May, annually, asal National Day ofF Prayer tob be celebrated! by allf faiths and WHEREAS, al National Day ofPrayeri isa and occasion fore each ofu us top pausei in our normal daily routine and come together as one community giving thanks for allt that we enjoy as Americans and as residents ofE Brevard, including our treasured freedomt to practice religion as wec choose; and  setting asidea a daye eachy yeart top pray inc our nation; and  religions; and  Minutes- Brevard City Council Meeting- May6 6,2 2024  Page 10of22    431  WHEREAS, regardless ofc one'sf faith tradition, prayer helpsr remind us ofc our humanity and helps connecta allo ofu ust tot the greater community, nation and worldi inv which we alls share; and WHEREAS, ont this National Day ofF Prayerl lencourage all members ofc our community top pray, reflect orr meditate inar manner most appropriate tot their own religious ors spirituall beliefs. NOW, THEREFORE, I, Maureen Copelof, Mayor ofThe City of Brevard, North Carolina dol hereby proclaim May 2,2 2024, asal Day of Prayert throughout the City of Brevard, NCa ande encourage all members ofc our Brevard community toj joini int thankfulness, prayer and reflection for: Our nation and other nations especially for allt those who battlet for freedom throughout the world Fort those whol helpl keep uss safel here atl home our Law Enforcement, Fire Department and EMS For thosee entrusted with the care and education ofo our children- our parents, ourt teachers and child care For our most vulnerablei neighbors andf fora all who ares struggling andr need compassion and assistance; Forc our leaders, sot that they! have the: strength tor meet the challenges wef face todaya and tomorrow: and For our nation and the diversity that makes us strong; may wet treat everyone with respect and come  including our brave mena and womeni inu uniform;  personnel; workers;  For our youth who ares stillr recovering from thee effects oft thep pandemic;  the wisdom tol know what to do and the commitment to do whati is right; and  togetheri in unity as Americans. tot bea affixed this 2nd day of May, 2024.  INI WITNESSY WHEREOF, Ihave hereunto set my hand and caused the Seal oft the City of Brevard  s/I Maureen Copelof Mayor  K-2. Proclamation No. 2024-11 National Bike Month  PROCLAMATION, NO.: 2024-11 NATIONAL: BIKEN MONTH  WHEREAS, thel bicyclei is ane economical, healthy, convenient, viable, and environmentally sound form of transportation and ane excellent form ofr recreation ande enjoyment ofE Brevard: and" Transylvania WHEREAS, Brevard and" Transylvania County trails and roads attract bicyclists each year from WHEREAS, Brevard hosts several major cycling races and events, including the Assault on the WHEREAS, these bicycling: activities and attractions have great potential toh have aj positive impact on Brevard's economy and tourismi industry, as well ast tos stimulate economic development! by makingt the city attractive tol businesses and citizens who enjoy the out of doors and healthyl lifestyles; WHEREAS, creating bicycle-friendly communities hasl beens shown toi improve citizens' health, well-being, and quality ofl life,t tob boost community spirit, toi improve traffics safety, and to reduce pollution WHEREAS, Mayl has been declared National Bike Month since 1956: and iss so againi in 2024; and WHEREAS, thel League of American! Bicyclists, bicycle clubs, schools, parks andi recreation departments, police departments, hospitals, companies, and civic groupst throughout North Carolina will bep promoting bicycling asal leisure activity as well: asa ane envyrommentaly-fiendly, alternative tot the WHEREAS, the education oft bicyclists and motorists: ast tot thep proper and safe operation of WHEREAS, the City ofE Brevard Comprehensive Plani includes several objectives and policies NOW, THEREFORE, I, Mayor Maureen Copelofa and the Brevard City Council dol hereby proclaim  County's scenic beauty; and across the country and the world; and  Carolinas, the WNCI Flyer, and the Pisgah Stage Race; and  and  and congestion; and  automobile duringt the montho ofN May 2024; and  bicyclesi isi important toe ensure the safety and comfort ofa all users; and aimeda ati improving cyclinga as! both ai form oft recreation: and transportation. andi recognize ther month of May 2024a asl National Bike Montha and Bicycle Safety Month.  Minutes Brevard City Council Meeting- May6 6,2 2024  Page 11of22    432  INI WITNESS WHEREOF, Ihavel hereunto: set my hand and caused the! Seal oft the Cityof  Brevard tol be: affixed this 6th day of May, 2024.  s/Maureen Copelof Mayor  K-3. Proclamation: No. 2024-12 Public Service Recognition Week  PROCLAMATIONI NO. 2024-12 PUBLICS SERVICEE RECOGNITION WEEK May 5-11,2024  WHEREAS, Americans ares served everys single day by public servants att the federal, state, county WHEREAS, many publics servants, including military personnel, police officers, firefighters, border patrol officers, embassy employees, health care professionals and others, risk their lives each day WHEREAS, publics servants includet teachers, doctors andi nurses, scientists, social workers, train conductors and astronauts, safetyi inspectors, laborers, computer technicians, and countless other occupations. Dayi ina and dayo outt they provide the diverses services demanded' by the American peoplec of WHEREAS, without these publics servants ate everyl level, continuity would! bei impossible ina NOW THEREFORE, I,N Maureen Copelof, Mayor oft the City ofE Brevard, dol hereby announce and proclaim toa allo citizens,t that May! 5-11,20241 is Public Service Recognition Weeki inl Brevard, North Carolina. Allo citizens are encouraged tor recognize the: accomplishments: and contributions ofg government INWITNESS WHEREOF, havel hereunto set myl hand: and caused the Seal ofthe City of Brevard  andi municipall levels." These unsung! heroes dot the work that keeps our nation working; and  WHEREAS, publice employees take not only jobs, but oaths; and ins service tot the people oft the United States and around the world; and  their government withe efficiency andi integrity;and democracy that regularly changesi itsl leaders and electedo officials. employees ata alll levels- federal, state, county and municipal. tobea affixed ont this 6th dayo ofN May, 2024.  s/ Maureen Copelof Mayor  K-4. Tax Settlement Report-N March, 2024 K-5. Budget Amendment for Estatoe Trail Project  ORDINANCE NO. 2024-09 CAPITALPROECT ORDINANCETO AMEND ORDINANCE NO. 2022-22, ESTATOE' TRAILI PROJECT  BEIT ORDAINED by the City Council oft the City ofE Brevard, North Carolina that pursuant to Section 13.2 of Chapter 159 oft the General Statutes ofN North Carolina, the following capital project ordinance isl hereby Section 1:Thel budgeted expenditures and revenues listed under the original ordinance! 2022-22, andt thea amended ordinance: 2022-51 willb be decreased! by $575,000, ast the! State ARPAE grant (SRP- SW-ARP-0009) is now! being utilized fors stormwater improvements int the' Times Arcade. Alley Section 2: The Estatoe Trail Project is a multi-use path which weaves through large portions of the City and allows citizens and visitors to safely enjoy the beauty oft the area without using a  amended:  motorized vehicle. Account Number  Section 3: Thel followinga amounts are appropriated fort the project:  Account Name  Budget Amount $1,537,600 ($575,000) $962,600  78-6300-4400 Estatoe' Traill Project 78-6300-4400 Estatoe' Trail Project  TOTALPROECTAPPROPRIATION  Section 4: The following revenues: are anticipated tol be: available for project expenses:  Minutes- Brevard City Council Meeting- May 6,2024  Page 120 of22    433  Account Number 78-3990-0000 78-3345-0400 78-3900-0200 78-3345-0200 78-3350-0220 78-3345-0300 78-3345-0300  Account Name Fund Balance PARTF Grant Contribution from' TCTourism OSBM Capital Grant Transfer from ARPA Brevard HS ARPA Stormwater Grant ARPAS Stormwater Grant  Budget Amount $395,000 $80,300 $46,700 $125,000 $315,600 $575,000 ($575,000) $962,600  TOTALI PROJECT REVENUE contractual: agreements, ifapplicable. and orderly and timely manner.  Section 5: The Finance Director isl 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 the purpose ofr making payments as due. Reimbursement requests shalll be madei in Section 7: The Finance Director is directed tor 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 ins Section: 3 and Section 4.  Board.  City Manager for direction inc carrying out this project.  ADOPTEDI byt the City Council oft the City of Brevard, North Carolina, ont this  6th day of! May, 2024.  s/N Maureen Copelof Mayor  ORDINANCE NO. 2024-10 CAPITALI PROJECT ORDINANCETO AMEND ORDINANCE NO. 2022-22, ESTATOETRAIL PROJECT  BEI IT ORDAINED by the City Council of the City ofE Brevard, North Carolina that pursuant to Section 13.2 of Chapter 159 ofthe General Statutes of North Carolina, thet following capital project ordinance isl hereby Section 1:Thel budgeted expenditures and revenues listed undert the original ordinance! 2022-22, and the amended ordinance 2022-51 will be increased from $962,600 to $1,094,600. This increase willa allow the Cityt toc complete thes section ofthet trail fromt the Mary C. Jenkins Community Funding will come fromt the Carbon! Reduction Grant receivedi ins September of2023. Grantf funding is$ $528,000 and the City will contribute: a 20%1 match of$132,000. The grant wasi initiated by the City! Planningl Department witha assistance from thel Land ofSky Regional Council. The City Council previously approved Resolution 2023-07 inj January of 2023 in support oft the Carbon Reduction Section 2: This Granti is expected to complete the portion oft thel Estatoe Trail between the Mary CJenkins Community Center and the Community Garden. The City is only budgeting the 20% match ($132,000), butt the costo ofthet trail int thiss sectioni ise tahmwiwrtNA  amended:  Center tot the Community Garden.  Program  Section 3: The following: amounts area appropriated' for thep project:  Account Number 78-6300-4400 78-6300-4400  Account Name Estatoe' Trail Project Estatoe' Traill Project  Budget Amount $962,600 $132,000 $1,094,600  TOTALPROJECT APPROPRIATION  Minutes- Brevard City Council Meeting- May6,2024  Page 13of22    434  Section 4: The following revenues are anticipated tol bea available for project expenses:  Account Number 78-3990-0000 78-3345-0400 78-3900-0200 78-3345-0200 78-3350-0220 78-3990-0000  Account Name Fund Balance PARTF Grant Contribution from TCTourism OSBM Capital Grant Transfer from ARPA - Brevard HS Fund Balance  Budget Amount $395,000 $80,300 $46,700 $125,000 $315,600 $132,000 $1,094,600  TOTALI PROJECT REVENUE contractual: agreements, ifaj applicable. and orderly and timely 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 for thep purpose ofr making payments as due. Reimbursement: requests shalll ber madei in Section 7: The Finance Director is directed tor report, ona a quarterly basis, ont the financial status Section 8: The Finance Director is further instructed to 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 projects shall bef furnished tot the City Clerk, Financel Director and  ofeach! projecte elementi in Section3 3: and Section 4.  Board.  City Manager for directioni inc carrying out this project.  ADOPTEDI byt the City Council ofthe City ofBrevard, North Carolina, ont this  6th day ofN May, 2024.  s/ Maureen Copelof Mayor  K-6. Budget Amendment - Heart of Brevard  ORDINANCE! NO.2024-11 AN ORDINANCE. AMENDING' THEI FY2023-20241 BUDGET. BUDGET AMENDMENT NUMBER: 24-05  SUBIECT: Budget Amendment toi increase revenues: and expenditures int thel Heart of Brevard Fund.  AGENDAINFORMATION Agendal Location: Department: Contact: BRIEESUMMARY:  Consent Finance  Deanl Luebbe, Assistant City! Manager and Finance Director The Cityb bills and collects 21.3 cents per $100 of value for properties located  within thel Hearto of Brevard Municipal Servicel District. The majority ($150,000) oft thet funds collected involve real property, but approximately: $20,0001 involve] personal property and late fees and delinquent years payments. Thel Finance Director neglected toa account for these smaller amounts int the original FY23-24budget. This budget amendment has noi impact on fundl balance, as1 100% oft these collections MOTION FOR CONSIDERATION: To approve Budget Amendment 24-05 as submitted, increasing the  are passed ont tot the Heart ofBrevard. budgeti ine expenditure account: 70-6900-4500 (Contracted Services) Andi increasing thel budgeti int ther revenue: account: 70-3970-0023 (Heart ofB Brevard Ad ValTax) ATTACHMENTS: None MANMGESBECONMIRDAION  $20,000 $20,000  Adopta as presented Page 14of22  Minutes Brevard City Council Meeting- May 6, 2024    435  Approved: and adopted this 6thc day ofN May, 2024.  s/N Maureen Copelof Mayor  K-7. Finance Reportat3-31-2024 K-8. Debt Financing- - Fire' Truck  RESOLUTIONI NO. 2023-14 ARESOLUTION. APPROVINGI FINANCING' TERMS  WHEREAS: The City of Brevard ("City") has previously determined to undertake a project for purchasing capital equipment (the" Project") costing $850,000: andt thel Finance Officer has now presented  aproposal for thef financing ofs suchl Project asl listed! below:  DEPARTMENT FIREFUND  EQUIPMENT  One four-wheel drive fire engine  BEITTHEREFORE RESOLVED, as follows:  1. The City hereby determines tof finance the Project through First Citizens Bank Inc, accordance with the proposal dated March 29, 2024.1 The: amount financed shall note exceed $850,000 fora fifty-nine- month loan, the annual interest rate (in the absence of default or change in tax status) shall not exceed 2. All financing contracts and all related documents for the closing of the financing (the' "Financing Documents"): shalll bec consistent with the foregoingt terms. Allo officers ande employees oft the Citya arel hereby authorized: ando directedt toe executea ando deliver any Financing! Documents, andt tot takea alls suchf furthera action ast theyr may consider necessary or desirable, to carry out the financing oft the Project as contemplated by 3. The Finance Officer is hereby authorized and directed tol hold executed copies oft the Financing Documents until the conditions fort the delivery oft the Financing Documents havel been completed to such officer's satisfaction. The Finance Officer is authorized to approve changes to any Financing Documents previously signed by City officers or employees, provided that such changes shall not substantially alter the intent of such documents or certificates from the intent expressed in the forms executed by such officers. The Financing Documents shalll bei ins such final forms as the Finance Officer shall approve, with thel Finance Officer's release of any Financing Document for delivery constituting conclusive evidence of 4. The Citys shall not take or omit to take any action, the taking or omission ofv which shall cause its interest payments on this financing tol bei includable int the gross income for federali income tax purposes ofther registered owners ofthei interest payment obligations." The Cityl hereby designates its obligations to make principal and interest payments under the Financing Documents as "qualified tax-exempt 5. The Cityi intends thatt thea adoption oft this resolution willl bead declaration ofthe City's officiali intent tor reimburse expenditures fort thej projectt thati istob bet financed from thej proceeds ofthel United Community Bank Inc. financing described above. The Cityi intendst that fundst that havel been advanced, ort that may be advanced, from the City's sanitation orf fire fund, or any other City fund related to the project, for project 6. Allpriora actions ofCityo officersi inf furtherance oft thej purposes oft this resolution: are! herebyr ratified, approved and confirmed. All other resolutions (or parts thereof) inc conflict with thist resolution: are hereby  4.33%, and thef financing terms shall note exceed fifty-nine months from closing.  the proposal andt this resolution.  such officer's final approval ofti the Document's final form.  obligations" fort thej purpose ofl Internall Revenue Code Section 265(b)(3).  costs may be reimbursed fromt the financing proceeds.  repealed, tot the extent oft the conflict. This resolution: shall take effecti immediately.  Adopted and approved this 6thday of May 2024.  s/ Maureen Copelof Mayor  K-9. Conveyance of Property- - Fire Department  Minutes Brevard City Council Meeting- May6 6,2024  Page 15of22    436  RESOLUTION NO.2024-15 PURSUANTTOGS.160A-274  RESOLUTION. APPROVING CONVEYANCE OF PROPERTYTO ANOTHER UNIT OF GOVERNMENT INI NORTHO CAROLINA  WHEREAS, the Cityo ofE Brevard ownsa a 1995 4-wheel drive engine manufactured by WHEREAS, North Carolina General Statute 51 160A-274: authorizes ag governmental uniti int this statet toe exchange with, lease to, lease from, sell to, or purchase from any other governmental unit any interesti inr real orp personal property upons such terms and conditions ast the governmental unit deems WHEREAS, the City of Brevard has determined that itisi in thel best interest oft the Cityt to convey thel International/4 Guys Pumper tot thel Etowah-Horse Shoe Volunteer Fire and Rescue Department, and NOW,THEREFORE, BEI ITI RESOLVED! BY1 THE CITY COUNCIL OF THE CITY OF BREVARD, Section 1. The City of Brevard hereby conveyst tol Etowah-Horse Shoe Volunteer Fire and Rescue Department the following property: a1 1995 4-wheel drivee engine manufactured by International/4 Guys Section 2. The propertyl herein described shalll be conveyed fora a sales price of$75,000. Section 3. The CityN Manageri isa authorized to execute allo documents necessary to convey the  International/4 Guys (vin* #: 1HTSEAAR3SH21638); and,  wise, with orv without consideration; and  deems it wiset toc dos sof fora a sales) price of $75,000.  NORTH CAROLINATHAT: (vin# #1 1HTSEAAR3SH216638)  property int the manner authorizedl byt this Resolution.  Approved and adopted this the 6th dayo of May,2024.  s/ Maureen Copelof Mayor  RESOLUTION NO.2024-16 PURSUANT' TO G.S. 160A-274  RESOLUTION, APPROVING CONVEYANCEOFI PROPERTYTO ANOTHER UNIT OF GOVERNMENT INI NORTH CAROLINA  WHEREAS, the Cityo of Brevard owns a: 1997 heavy rescue fire truck manufactured by WHEREAS, North Carolina General! Statute 51 160A-274: authorizes a governmental uniti int this state to exchange with, lease to,l lease from, sell to, or purchase from any otherg governmental unit any interesti in real or personal property upons sucht terms and conditions ast the governmental unit deems WHEREAS, the Cityo ofE Brevard has determined thati itisi in thel best interest oft the Cityt to convey the 19971 heavy rescue fire vehiclet tot the Sky Valley-Scaly Mountain' Volunteer Fire Rescuel Department, NOW,1 THEREFORE, BEI ITI RESOLVED! BY THE CITY COUNCIL OF THE CITYOFI BREVARD, Section 1. The City of Brevard hereby conveyst tot the Sky Valley-Scaly Mountain' Volunteer Fire  Intermational/Hackney (vin #1 1HISDANIVAB48305): and  wise, with or without consideration; and  and deems itv wise to dos sof foras sales] price of$42,500.  NORTH CAROLINA THAT:  Rescuel Department the following property: (vin# #1 1HTISDAAMIVA4A8305).  19971 heavyr rescue fire truck manufactured! by Iintermational/Hackney  Section 2. Thej property herein described: shalll bec conveyed fora a sales price of$42,500. Section 3. The CityN Manageri isa authorized toe execute allo documents necessary to conveyt the  propertyi int the manner authorized by this Resolution.  Minutes Brevard City Council Meeting- May 6, 2024  Page 160 of22    437  Approved and adopted this the 6th day of! May,2024.  s/N Maureen Copelof Mayor  K-10. Funding Offer Acceptance - Sewer Pump Station  RESOLUTION NO. 2024-17 BYTHECITY COUNCIL OF THE CITY OF BREVARD ACCEPTING AMERICANI RESCUEI PLANI FUNDS  WHEREAS, the City ofE Brevard has received funding from the American Rescue Plan Act (ARPA) fundedf from the State Fiscal Recovery Fund established ins S.L. 2021-180/2022-74t0: assiste eligible units WHEREAS, thel North Carolinal Department ofE Environmental Quality has offered American Rescue Plan Act (ARPA) fundingi int the: amount of $2,873,000 to perform work detailed int the: submitted WHEREAS, the City ofE Brevardi intends top perform said projecti ina accordance with the agreed NOW,THEREFORE, BEI ITI RESOLVEDI BY1 THE CITY COUNCIL OF1 THE CITY OF BREVARD, 1) That the City ofE Brevard does hereby accept the American Rescuel Plan Act Grant offerof 2) That the City of Brevard does hereby give assurance tot the North Carolina Department of Environmental Qualityt thata any Conditions or Assurances containedi int the Award Offer will That Dean Luebbe, Assistant City Manager and Finance Director, ands successors sot titled,is hereby authorized: and directed tof furnish: such information ast the: appropriate State agency may requesti inc connection with such application or the project; tor make the assurances as contained: above; and toe executes such other documents: as may be required by the Division of  ofgovernment with meeting their water/wastewater: infrastructure needs, and application related tos Sewer Pump Stationl Improvements, and  scope ofw work, NORTH CAROLINA:  $2,873,000. bea adheredt to.  Water Infrastructure.  Adopted and: approved this the 6th dayo of May, 2024.  s/ Maureen Copelof Mayor  K-11. Ordinance Declaring Road Closures for Special Event- - White Squirrel  Weekend  ORDINANCE! NO.2024-12  AN ORDINANCE! DECLARING: STREET CLOSURES FOR" THE: 2024 WHITES SQUIRRELI FESTIVAL WEEKEND  WHEREAS, Brevard City Council acknowledges a tradition ofp providing for festivals and special WHEREAS, Brevard City Council: acknowledges that festivals and special events provide an WHEREAS, Brevard City Councila acknowledges these events require NCDOT system roads tol be NOW,THEREFORE, BEIT ORDAINED BY1 THE CITY COUNCIL OF THE CITY OF BREVARD, SECTION1. Pursuant toa authority granted by G.S. 20-169, the City ofE Brevard hereby declares the followingt temporary road closures on the following described portions oft the State Highway System:  events downtown fort the pleasure and enjoyment ofc citizens and visitors alike; and, opportunity for family-oriented: activities that celebrate our small-town charm; and,  closed for setup, activities, and cleanup; and, NORTH CAROLINATHAT:  Friday, May2 24th starting at4 4:00F PM: untils Sunday, May 26hat9:00PM Main. Street (US 276) between Rice Street and Oaklawn Avenue. Broad: Street (US6 64)b between Probart. Street and Oakdale. Street. Main Street (US 276) between Rice Street and Broad: Street,  Monday, May27th until2:00PM  Minutes Brevard City Council Meeting- May6 6, 2024  Page 17of22    438  SECTION2. This ordinance: shalll bei inf fullf force and effect from and after the date ofits K-12. Resolution re Clemson Plaza Mental Health Artl Installation  adoption.  Adopted and approved thist the 6th dayo of May 2024.  RESOLUTION NO.: 2024-18 ASOFFICIAL GOVERNMENT: SPEECH  RESOLUTION. ADOPTING' "HOPE WALL" ARTI INSTALLATION INCLEMSONE PLAZA AND' TURNTRANSYLVANIA GREEN"  WHEREAS, the mentall healtha and well-being of our community members, especially our youth, arep paramount tot the vitality andi resilience ofTransylvania County, the City ofE Brevard, and the' Town of WHEREAS, recent tragice events, includings student suicides, have underscored the urgent need fori increaseda awareness, support, and action toa address mentall health challenges in our community;: and WHEREAS, mentall healthi is ani integral component ofo overalll healtha and weliness, and accesst to comprehensive mentall health resources and support services ise essentialf for alli individuals tot thrive; and WHEREAS, stigma and discrimination: surrounding mental health concerns often prevent individuals from seeking thel helpa and supportt they need, perpetuating cycles ofs suffering andi isolation; WHEREAS, by comingt together asa a community, we can! breako downl barriers, foster empathy, and create ac culture ofu understanding, compassion, and acceptance fort those experiencing mentall health WHEREAS, Mayi isr recognized: nationallya as Mental Health Awareness Month, providing an opportunity tor raisea awareness, combats stigma, and promote mental health resources; WHEREAS, ana arti installation in Clemson Plaza will display messages of! hope NOW,THEREFORE, BEITE RESOLVEDI BYTHE CITY COUNCILOF THE CITYOFI BREVARD, Section 1. The month of Mayi isp proclaimed as! Mental Health Month and we call upon all residents toj join usi inc ouro commitment top prioritize mental health and well-being for ourselves,  Rosman; and  and  challenges; and  NORTH CAROLINA THAT:  our families, and our community. Wer urge individualst to: whenr needed.  Educate themselves and others aboutr mentall health: andt thei importance ofs seeking! help Fosters supportive: andi inclusive environments wherei individuals feel safe tos sharet their Advocate for policies andi initiatives that promote mentall health awareness, access to care, Encourage open andl honest conversations: about mental health, reducing the silence and Access available mentall health resources: and support services and encourage others to do Together, let us work tirelessly too create ac community where mental! healthi is valued, prioritized, ands supported, and where everyi individual feels empowered tol livet their lives tot the fullest. Section 2. The Brevard City Council adopts the' "Hope Wall" arti installationi in Clemson Plaza and  experiences ands seeks support without fear ofj judgment ors stigma.  and suicide preventione efforts. shamet that often surrounds these issues.  thes same.  "Turn' Transylvania Green" as official government: speech. Section: 3. This resolution: shall bee effective upon adoption. Adopted anda approved thist the 6th dayo ofM May, 2024.  s/Maureen Copelof Mayor  Minutes Brevard City Council Meeting- Mayé 6,2024  Page 18of22    439  K-13. City Council Public Works & Utilities Committee Minutes-January3, K-14. City Council Rosenwald Community. Advisory Board Minutes- - K-15. City Council Public Safety Committee Minutes - January22,2024 K-16. City Council Housing Committee Minutes-February 13,2024 K-17. City Council Downtown Master Plan Committee Minutes- - February K-18. City Council Rosenwald Community. Advisory Board Minutes- K-19. City Council Finance, Human Resources & Citizen Appointment K-20. City Council Public Safety Committee Minutes- - February 26, 2024 K-21. City Council Public Works & Utilities Committee Minutes- March 6, K-22. City Council Public Works & Utilities Committee Special Meeting K-23. City Council Parks, Trails, Recreation Committee Minutes- March K-24. City Council Finance, Human Resources, and Citizen Appointment K-25. City Council Public Safety Committee Minutes- April2,2024 K-26. City Council Public Works & Utilities Committee Minutes- - April 3,  2024  January: 11,2024  14,2024  February15,2024  Committee Minutes- - February 26, 2024  2024  Minutes - March 13,2024  20,2024  Committee Minutes - March 25, 2024  2024  L.Unfinished Business - None. M. New Business- None.  N. Remarks/Future Agenda Considerations.  Mr. Wise saidI Iam not goingt tol be neutral ori impartial, Denise is amazing. Thank you for all thev worky you do. Iknow youl havet to maintain that role, butIdo not. Thank you all for helping us through thel budget stuff. This budget process ist really amazing to go through and daunting, sol I want tot thank all my fellow Council Members and the Ms. Holder saidI Iwant to ditto what Mr. Wise just said tol Denise. Thank yous sO much and congratulations; well deserved. To Wilson, I'I say again thank yous so much. Mr. Morrow said Iadd my congratulations tol Denise for all those things that the Mr. Baker said Iwant to address some comments thatal local government official made recently. Iams surei ifyoul keep up with the' Transylvania Times youl know what I'mt talking about. Ijust want to say that we can disagree on policy andi ini many ways our whole system of government isl built so that we do disagree on policy and wel havea a forum for talking about those disagreements and discussing: a way forward. But, things  Mayor, Wilson and all you guys for helping me through that.  Mayor reminded us of.  Minutes Brevard City Council Meeting-N May6 6,2024  Page 19of22    440  like racism and hatred andl bigotry and discrimination are not something that we should havei in our local politics. Ithinki itis worth repeating that when something like what occurred: and what was saidi is said, mostly because wel have citizens who might falli into some oft the categories thate experience racism and bigotry. We are a small community andl Ican only imagine what that might feel like as a citizen tol have someone whoi is representing! you on a veryl local level repeat some pretty bigoted things. Thes second thingl Iwant tot talka abouti is another thingt that unfortunately comes up: al lot nationally, butIhave: seen recently the topic oft misinformation even atal locall level. It seems tol be running: al little bit out of controli in our littlet town of 8,000 people andi in our county of 34,000 people. Again, we'rea ai really close-knit community and there is really no reason why we should have locali issues just fraught with misinformation and wildly false things beings spread. Al lot oft times wel like tol blame social media, butl don'tt think social media ist thes source ofmisinformation, buti it certainly does make ite easy for all to see that misinformation. Itisi important for us all toa address it when we: seei it and tryt to correct thati misinformation. Moving on to some positive things, IS spent the weekend downi in Greer, SC with mys son'sy youth soccer team and a whole bunch ofo other academyt teams from' TYSA: and iti is amazing to go to at tournament like that andi interact with other people from other places and! be surrounded by people from your own community. Iwas really struck by the positivity andt the warmth and thes spirited competition, buta also really the kindness that our group from herei in Brevard: showed while we were down there. Itv was in stark contrast tos some oft the attitudes that we: saw from some of the people on our opposing teams. It was heartening tol bei in another place witha al bunch of people fromy your city andl have them representing: such as spirited positivity. Shout out tot thel U-11 Boys who won that tournament. I'm really proud of them for that. Finally, want to talka about a couple ofe events coming up - Bike Walk or Roll to School Day is on' Wednesday and thel Brevard Bike Alliance who we heard from earlier has organized severale events at ourl local schools. They are meeting up at various places within the city, includingt the City's Sports Complex, thel Depot, whichl will addi isag great trailhead, and thel library in order to roll out to school sol look for morei information on that. Then Bike to Work Day, whichIwill definitely be participatingi ini isl May 17th, Idid want to say because itg gotal little bit buried in the Consent Agenda, but Mayi isl National Bikel Month. Onai related note therei isa al bill which Iadmittedly don't! know as much about asl probably should, buti iti is House Bill: 198 and itist makingi its way through the State Legislature. It'sal reform bill for NCDOT and toa point earlier by Councilman Morrow, there is actuallyar rule on thel books which Iwas not: aware oft that the: state has prohibited NCDOT funding for projects which are solely focused on pedestriani infrastructure and1 bicyclingi infrastructure. So, NCDOT canj pay for those things, but only ift they are also attached to aj project thati is improving things for vehicles. House Bill 198 would actually change that, aslunderstandi it, and allow for NCDOT funding fors standalone pedestrian projects like as sidewalk or a crossing or even ab bike lane or other bicyclingi infrastructure. Iamj just learning about this, and Ido think int the futurel Imay askt this Council to considera a draft resolution in support ofal billl like Mr. Daniel said I would liket to expand on my comments about the budget earlier. Ifeell liket this budget is al reality check for us ina a lot of ways. There are al lot of things that wel had: said we were goingt to do that we may not be able to do, but we have made promises that we were goingt to dot these things. Thet thingst that this budget is doingl think are: soi important, not only our staff, but also working on ouri infrastructure and things that havel been put on thel backl burner fora a little bit too long, andi in the meantime we'vel been doingt these other fun shiny things. Again, they're promises that wei made and wei may not be: able tol keep allt those promises. personally can accept that, butl Ithinkl I personally will work myl hardest tol keep those promises. Ithink that is part of what this discussion has been about today as we talked about our reaction to this proposed budget, is working to keep promises that we'v ve made. Another thingl wantt to address, whichlthinki isl being taken up! by Public Safety already, but my neighborhood ist the Railroad. Avenue districta and parking therei is out of control. Ihave discussed it with members oft thel Police Department and with members oft thel Public Safety and Ij just want tol be on the record that wei need to gets somes signage andt take whats steps are appropriate there. Iam offering my support fort that.  that or parts oft that bills sol I will bring thatf forward oncel Iknow more.  Minutes Brevard City Council Meeting- May 6,2 2024  Page 200 of22    441  Ms. Hodsdon thanked everyone for their kind words and recognition this Mr. Hooper said at our Public Safety meeting a month ago, some residents of the Cherry Street neighborhood came and askedi ifthere is anything we could do to prohibit transfer trucks from turning into their neignborhood and getting stuck; trucks that werei intending to go tol Mountain Industrial Drive. To follow up on their request we reached out to the State since Old Hendersonville Hwy is a state road and askedi ift they could erect somes signs on either side of Cherry Street to warn truck drivers nott to turn there, and theyl have done that. Iwanted tol let Council know that NCDOTI has done usa nice favor and] hopefully the residents won'thave some 18-wheeler stuck on the bridge Mayor Copelofs saidI Iwant to thank staff for thei incredible amount of work that has gone intot thel budget. Probably thel biggest responsibility that we, as both the city staffanda as elected officials, have eachy yeari ist to come up with that balanced budget. Unlike the federal government, we cannot have an unbalanced budget. Our revenue and our expenses have tol bel balanced. Itis no easy job and Iknow staff! has worked incredibly hard for months on this, but thel last few weeks have been a real marathon. Thank) you everybody for an incredible job. Itisa a complicated budget and you can see that trying tol balance the current operations that we have herei in this city and also plan for thef future on what wei needi in terms ofr new projects, capital expenditures, is no easy job. lalso want to encourage the public; this isy your budget; this is your money; thisi is your opportunity at thel May 20th public hearing for us tol hear from you about what you thinka about thej proposal that was puti inj place tonight. Ast the manager mentioned, there willl be an addendum with some other options based on Council's feedback. Please let us know what you think about all of the different proposals and take the time tol look: att the document. Wel have puti it out ini many different forms with different ways toa accessi it, sot thaty you can read the document. Thel budget is certainly one of the most important andr most challenging. jobs that wel have. Iwant to remind everybody that tomorrow,Ithink. for the first time, we willl be installing: at temporary interactive art exhibit at Clemson Plaza inl honor of Mental Health Awareness Month and iti is called the Hope Wall. Itwill be up until White Squirrel Weekend and Iencourage you to participate and write your messages of! hope on that. Ithinki iti isa at tremendous opportunity for our community to express ourselves ands show support for people that maybe arel having al hard time andi need tol bei reminded and need tol be connected with morel hope. We: are working on our Age-Friendly Community initiatives andI encourage: you to please take our survey. We want tol know what yout think about how we are doing right now and then what do yout think we: should be prioritizing and working on tor make our community more age-friendly. The survey is available on our website and we have paper copies available. Itool have spent al lot oft time dealing with misinformation. Iwill agree with Mr. Baker that there seems tol be an absolute plethora ofincredibly strange facts! being passed around by people. Trying to get accurate information out there is one of my goals and one ofr my roles as Mayor. Thei next Meet thel Mayor is this' Thursday from 11:00 am to 1:00 pm at MCJCCa and Ihave been encouraging people thati ifyou have questions or concerns, orj just want tol know the actual facts on whati is happening, come and ask) your elected officials. Ihold these every months so there are: al lot ofv ways to get information and we post ani incredible amount ofi information on our website and on our Facebook page. Go to thes source and get thei reali information about whati isl happening in town. Wea also have: a couple of very! bige events coming up at the end oft this month. White Squirrel Weekend, our 20th Anniversary oft that event, willl bel May 24th to 26th, On Monday, May 27th we willl have Memorial Day. Thati is a very special day thatl lives in myl heart for all of mys shipmates who did not come back after serving int thet military. Iurge you toj join me at: 10:00 on Monday morning to remember those that gave the ultimate sacrifice for us and our  evening.  anymore.  democracy.  0. Closed Session  Closed Session #1 - At8:20 p.m. Mr. Baker moved, seconded by Mr. Morrow to enteri into closed: session to discuss ane economic development: matter and to clear  Minutes Brevard City Council Meeting- May 6, 2024  Page 21of22    442  Council Chambers. The motion carried unanimously. Authorized to remain fort the closed session with Council and the Attorney were Cityl Manager Wilson Hooper, City Clerk Denise Hodsdon, and" Transylvania Economic Alliance Executive Director Counci/Returnedi tol Regular Session - at 9:02 p.m. Council resumed the meeting in regular session. No official action was taken in closed session and the minutes oft the Closed Session #2 - At9:02 p.m. Mr. Wise moved, seconded by! Mr. Morrow to enteri into closeds session to discuss) pendingl litigation matter Cityofl Brevard vs. Bauslaugh- Case No. 21-CVS-381. The motion carried unanimously. Authorized to remain for the closed session with Council andt the Attorney were Cityl Manager Wilson Hooper and City Council Returned tol RegularSession- - at 9:42 p.m. Council resumed the meeting in regular session. No official action was takeni in closed. session and the minutes ofthe P. Adjourn - There being no further business, at 9:42 p.m. Ms. Holder moved, seconded by Mr. Baker, to adjourn the meeting. The motion carried unanimously.  Burton Hodges.  closed session are authorized tol be sealed.  Clerk Denise Hodsdon.  closed: session are: authorized tol be sealed.  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