341  MINUTES BREVARD CITYC COUNCIL Regular Meeting February 5,2024-5:30PM  The Brevard City Council meti in regular session on Monday, February! 5, 2024,at Present - Mayor Maureen Copelof, Mayor Pro Tem Gary Daniel, and Council Staff Present - City Attorney Mackl McKeller, City Manager Wilson Hooper, City Clerk Denise Hodsdon, Assistant City Manager/Finance Director Dean Luebbe, Planning Director Paul Ray, Assistant Planning Director Aaron Bland, Human Resources Director Kelley Craig, Communications Coordinator Becky McCann, Police ChiefTom Jordan, Deputy Fire Chief Bradley Elmore, Acting Public Works Director' Wesley Shook, Wastewater* Treatment Plant ORC Emory Owen, Water Treatment Plant ORC Dennis  5:30 p.m. in the Council Chambers of City Hall withl Mayor Copelof presiding. Members Macl Morrow, Aaron Baker, Pamelal Holder, and Lauren Wise  Richardson and Community Center Director' Tyree Griffin Press - Jon Rich, Transylvania Times  A. Welcome and Call to Order - Mayor Copelof called the meeting to order and B. Invocation - Pastor Ken Albright of Lutheran Church oft the Good Shepherd C.Pledge of Allegiance - Mayor Copelof ledt thej pledge of allegiance. D. Certification of Quorum -City Clerk Denise Hodsdon certified a quorum E. Approval of Agenda - Attorney McKeller asked to add an additional closed session regardinga a property acquisition matter. Mr. Morrow moved, seconded by Ms. Holder to approve the agenda as amended. Ther motion carried unanimously.  welcomed those present. offered an invocation.  present.  F. Approval ofl Minutes  F.1-J January: 16, 2024 Regular Meeting- - Mr. Wise moved, seconded by Ms. Holder to approve ther minutes oft the) January 16, 2024 Regular Meeting as presented.  The motion carried unanimously. G. Public Comments  Morris) Jenkins of 148 W. Probart Street said Iam here about the Probart Street traffic calming. Ag group of us have been working on this withs several people on the Council and the City over thel lasty year and we also worked with the Public Safety Committee. We are concerned because of increased speed and volume oft traffic on Probart; as well as narrowing oft ther road; increased number ofl large trucks, which don't always obey they yellow line; and alsoi increased bicycle traffic as we are al bicycle- friendly town. Iwould liket to thank thej people from the City who havel helped us: City Manager Wilson Hooper, Brevard City Staff, the Public Safety Committee, which is chaired by Aaron Baker now, Mac Morrow and formerly Maurice Jones; alsol Mayor Copelof, as well as Police ChiefTom Jordan and Fire Chief Robert Cooper and our citizen representative Kevin Gallo. Ialso want to announce andi invite anyone whol hasa an interest int traffic on Probart, who isas stakeholder, to come to a meeting scheduled for nextl Monday, February 12th at 6:00 pm at thel Mary C.) Jenkins Center. Thati is an intormation-gathering ands survey meeting for people with an interesti in this issue of  traffic calming.    342  H. Certiftate/Awards/Rcognlton-None. Special Presentations- - None. .Publicl Hearing(s)  J-1. Additional Proposed Rezoning / Expansion of Downtown Overlay District-Aaron Bland recalled that on November 6, 2023 Council voted to enlarge the Downtown Development Overlay District (DDOD), an overlay districtin thel heart of downtown which has al build-to line as its primary requirement on top of the typical Downtown Mixed-Use Zoning District requirements. Prior to Council voting on the expansion, thel Planning Board reviewed ther map amendment and forwardeda recommendation to Council that would have enlarged the area tol be rezoned, but the City Attorney noted thatt thel UDO does not grant the Planning Board the authority to make ar recommendation that enlarges the rezoning area. Given that advice, Council voted to approve the original expansion area proposed by Staff, buti int their discussion expressed interest int the expanded area proposed byt the Planning Board andi instructed  Stafft toi initiate as second mapa amendment to enlarge it further.  REZ-23-005 - Downtown Development Overlay District  Second Expansion Proposal  Planning Board recommendation  Legend Streets D Parcels DDOD Status D Current 22 BPBP Proposed 22 CoundiProposed CD  DMX NMX RMX GR8 IC GI  Mr. Blandj presented the above map and explained that theg green hatching represents that newly extended area which goes up to W. French Broad Street. The Planning Board's original enlarged recommendation: is they yellow-hatched: area, including College Plaza tot the north and the: areas between Caldwell and Broad Streets  Minutes Brevard City Council Meeting February! 5,2024  Pagez 2of7    343  going south toj just before Cardinal Drive-in. Council expressed interest in going on the other side of Broad and Caldwell Streets, one parcel deep, and that area isi indicated by the red] hatching. Mr. Bland noted that on the Broad Street sidet that is all County property and goes all the way to Gaston Street; and on the Caldwell Street side, itis approximately half-way through thel block tol Duckworth Ave. When the Planning Board discussed this second expansion onl December 12th, they made the recommendation that thel DDOD be further expanded as outlined inl blue, whichi includes the Caldwell Street frontage on the opposite side, but not thel Broad Street frontage on the opposite side. The reasoningi is because itisa all County facilities andi iti is not parceled out for development like Caldwell: Street, and thel libraryi is already built close to the: sidewalk. Mr. Bland noted that one project that is now underway that had noty yet been initiated when thei first DDOD expansion went before thel Board is the rewrite of Chapter 5 oft the UDO, which includes all the City's architectural. standards. Part of the scope oft the Chapter! 5 rewrite willi include adding specific architectural requirements and standards to the DDOD. Right now, the only real requirement ist the build-tol line or amaximum setback, butt this project willi include some more form-based code type requirements for this district. Staff believes expanding the DDOD too far beyond the downtown city center could bej problematic when adding these standards and recommends careful consideration of further expansion to the DDOD until these new  standards arei in place.  Mayor Copelof opened the public hearing at! 5:45 PM.  Public Hearing Public) Participation - There were no public comments at the meeting. However, Doug Harris offered the following comments via email prior to the "First, let me apologize for my not being able to attend this public hearing. A matter before thel Board of Education has come up on short notice and pulled me away. Iwould liket to address the proposed extension oft the Downtown Brevard Overlay District. Iam ar retired architect with nearly 40 years of experience, having practiced inl Brevard for more than 25 oft those years. My wife and Iwere the principals of Harris Architects in Brevard, having completed several projects for the City over those years. My experience includes urban design as well as building projects. Ispoke at thel hearing last Fall about thef first extension to the Overlay District and my comments here are similar to those. Conceptualy,Iflly: support the proposed extension of the district. Ithinki it wills strengthen what we love about downtown Brevard ande enlarge the area oft the Cityt thate exhibits those qualities. My concerns havet to do with thel location ofthel lines defining the proposed district. Witht thist type of proposal or design, whats should be focused on ist nott the buildings butt the street. Itis the: space being designed by the ordinances. The buildings, regulated by the ordinances, are the walls that define the outdoor rooms or the: streets. In urban design, the: streets are referred to ast the negative spaces buta are Think about where thej public or community! life of Downtown Brevard takes place. Itis noti inside thel buildings. Itis between the walls, faces or facades oft the buildings, in that linear outdoor room called thes street. Thati is whaty your ordinances The lines defining the district should generally be moved back andl be located mid-block sol both sides ofa all streets willl be developed with the same design You might envision a street as ai room with the district line running down the middle, as the proposal before you now proposes in: several areas. One set ofrules applies to thel left wall and a different set of rules applies to the right wall. Thel left wall is required tol be 12't tall and have stained wood paneling while the right walli is required tol be 20' talla andl have classical columns and crown molding, all painted white. The resulting room would be odd and very unpleasant. Admittedly, this is an absurd example butg gives you ani idea why, when you think about the: street as the room, the  meeting andi requested they be submitted fort the record: A difficult decision that Ihope you understand.  thes spaces being designed. should focus on.  characteristics or according to the same design rules.  same rules or ordinances should applyt tol both sides.  Minutes Brevard City Council Meeting- February5,2024  Page3of7    344  Isuggest to the Council thatt thel location of boundary lines fort thej proposed extension oft thel Downtown Overlay District be revised so both sides ofalls streets carry the same requirements on both sides of thes street. In most cases this means both sides oft thes street will carryt thel higher density, more urban requirements. Ina few casesi it means one side oft thes streets should losei its more urban designation and stay lower density or more residential in character to match the opposite side oft thes street." Mr. Hooper informed Council that the County Manager has advised thatt the County Commissioners plan to submit comments following their upcoming meeting next week. When those comments are received, they willl be distributed to Council for  consideration.  Public) Hearing Closed - Mayor Copelof closed thel hearing at 5:46 PM: and then Mr. Baker requested tos see at ther next meeting an analysis of which properties within the yellow andi red areas are currently in compliance with the expanded district K. Consent and Information- Consent Agenda items are considered routine and are enacted by one motion. Mayor Copelofread: aloud thei items listed and asked fora motion to approve the consent agenda. Mr. Baker moved, seconded by Mr. Morrow to approve the consentagenda. The motion carried unanimously.  opened it up for questions from Council.  and which ones would not bei in current compliance.  K-1. Property Taxl Releases-J January,2024  RESOLUTION2023-05  ARESOLUTION APPROVING PROPERTYTAXI RELEASES  WHEREAS, The Cityo ofE Brevard has previously determined to collect property taxes for the City ofBrevard and the Heart ofE Brevard: andi itisr necessaryt tor releaset the below shown amount from the city NOW,THEREFORE, BEITRESOLVEDI BYTHE CITY COUNCILO OF THE CITY OF BREVARD, The Tax Collector is herebya authorized tor remove September 2023 property values from the taxs scrolli in  taxr records. NORTHCAROLINATHAT: thea amount of:  2023:  $9.06  Adopted this the 5th day of February,2 2024. K-2. OuetyPdets/galn Incident Report K-3. Police Department. Annual Report K-4. Fire Department Annual Report  K-5. Council Parks, Trails and Recreation Committee Minutes - October: 18, K-6. Council Downtown Master Plan Committee Minutes-1 November8, K-7. Council Finance, Human Resources and Citizen Appointment K-8. Council Public Safety Committee Minutes- - November 27, 2023 K-9. Rosenwald Community Advisory Board Minutes - November 28, 2023  2023 2023  Committee Minutes - November27,2023  L. Unfinished Business - None.  Minutes Brevard City Council Meeting- February 5, 2024  Page4of7    345  M. New Business.  M-1. Board/Committee. Appointments  M-1-a. Ecusta Trail Advisory Board Mr. Daniel moved, seconded by Ms. Holder to appoint Madeline Hanley tot the Ecusta Trail Advisory Board. The motion  carried unanimously.  RESOLUTION! NO. 2024-03 ECUSTA' TRAILA ADVISORYI BOARD  RESOLUTION. APPOINTINGI MEMBER' TOI REVARD/TRANSIVANA COUNTY WHEREAS, inE Fall 2022 the City of Brevard City Council helda a work retreat tor reform its WHEREAS, the Councili initiateda ar news system for making appointments that would apply to every! body tov which the Council makes appointments whichi includes thel Brevard/" Transylvania County WHEREAS, thel Finance and Human Resources Committee was renamed the Finance, Human Resources and Citizen Appointment Committee and charged with reviewing applicants for the various committees/advisory, groups andi making: appointment recommendations tot the full Council; and WHEREAS, as seat ont the! Brevard/Transylvania County Ecusta' Trail Advisory Board opened WHEREAS, under the direction oft the Finance, Human Resources and Citizen Appointment Committee, citys staffo conducted: and open recruitment for citizens interestedi ins serving ont the advisory WHEREAS, thea applications received duringt the recruitment period were reviewed by the Finance, Human Resources and Citizen Appointment Committee att their) January 22, 20241 meeting; WHEREAS, the! Finance, Human) Resources and Citizen Appointment Committee votedt to NOW,THEREFORE, BEI ITI RESOLVEDI BY7 THE CITY COUNCIL OF THE CITY OF BREVARD, 1) The Brevard City Council does hereby appoint Madeline Hanleyt to the Brevard/ Transylvania  committee: structure; and Ecusta" Trail Advisory Board; and  upon ther resignation ofLauren Wise tos serve on City Council; and  board; and  recommend Madeline! Hanleyt tof full City Council for appointment  NORTH CAROLINATHAT:  County Ecusta Trail Advisory Boarde effective immediately. Adopted and approved this the 5th day ofF February, 2024.  M-2-a. Brevard Housing Authority- Mr. Wise moved, seconded by Mr. Morrow to reappoint Jennifer Kerr tot the Brevard Housing Authority. The motion  carried unanimously.  RESOLUTION NO. 2024-04  RESOLUTION REAPPOINTING MEMBER' TO BREVARDI HOUSING. AUTHORITY WHEREAS, thel Brevard City Council's Finance, Human Resources and Citizen Appointment Committee isc charged with reviewing: applicants fort thel bodies to which the City appoints members and WHEREAS, the term ofa member oft the Brevard Housing Authority expiredi in! November 2023; WHEREAS, board incumbent Jennifer Kerra applied for reappointment; and WHEREAS, Ms. Kerr's reapplication tot the Brevard Housing Authority was reviewed by the Finance, Human Resources and Citizen Appointment Committee att their) January 22, 2024 meeting; WHEREAS, thel Finance, Human Resources and Citizen Appointment Committee votedt to NOW,THEREFORE, BEI ITI RESOLVEDI BYTHE CITY COUNCIL OF THE CITY OF BREVARD,  making appointment recommendationst tot the full Council; and  and  recommend Jennifer Kerr for reappointment NORTH CAROLINA1 THAT:  Minutes Brevard City Council Meeting- February! 5, 2024  Page5of7    346  1) Thel Brevard City Council does hereby reappoint) Jennifer Kerr tot thel Brevard Housing Authority effective immediately and expiringi in November 2028. Adopted and approved this the 5th day of February,2024. N. Remarks/Future. Agenda Considerations.  Mr. Wises said Iwass sad to see wel have six more weeks of winter, but this hasn't been the most grueling winter yeta and we've got to get one: snow. A couple ofu us were justa atag gathering ofleaders called Perpetuating a Special Place about how we feel about Brevard, howi it's growing, and the sense of community here. It was really encouraging to see that there are a lot of people in the community who arei interested in trying to find the path forward, for notj just Brevard, but the county as a whole, and especiallyl how wer merget together the City and County relationship. Ijust wanted tol let youl know that that's being talked abouta and I'm excited tos seel how that moves forward. Ms. Holder said my! hearti is concerned tonight about persons whol have either overdosed or committed suicide. Idon'tknow how we move forward in addressing that asad community,: as a Council, butI Iwant to movef forward personally to find out what we can do and would) liket toj perhaps come to you atal later time withs suggestions and ideas asI I plow through this emotional feelings of what's going oni in our community. Mr. Daniel said Ihave a couple of things Iwould like to address to Chief Jordan regardingt the Policel Department. Annual Report. Inotice that crime is up very slightly and that our arrests are down by 25%. Ithinkl I probablyl know the answer, butIwould likes some clarification ont that. Thec other thingi is wej just started our parking enforcement and Iwould like to see thei information that we gather ont that as well ata Mr. Hooper reported that the Social District starts on Friday at 11:00 am. Itwas int the paper last weeka and Becky is goingt to do: some other releases this week. Ijust wanted to give everyone fair warning that you might see some folks walking around Mayor Copelof said Iwas pleased to see the number of people volunteering tol be on our committees. Wel have talked a lot about civice engagement, about participation, about! havingyour voicel heard, andt thisi is one oft the key ways that you can dot that. It's a wonderful problem tol have more applicants than we have openings. Iencourage people, even ifyou are not selected to serve on al board, thata all of our boards are open to the public and everybodyi is welcome to thosel board meetings. Att the end of meetings,t therei is almost always time when public inputi is accepted byt the chairman of that particular committee. Thel boards and committees meet on a consistent basis and thes schedule is on our website. Ifthere are topics you are interested in or concerned about, thisi is a wonderful way to get them into our system. Even ifyou are not an official member,you can certainly come and] hear the conversation about what is being worked on. Thet traffic calming onl Probate Street is a wonderful example. That was brought to our Public Safety Committeel by thej publica and now we are moving forward with some ideas. We arel holding that public meeting to get more public input sO that we can make ani informed decision on howt to use resources to trya and do thet traffic calming based on what the community really feelsi is needed. Iam very happy to announce that wel havel been officially designated al Bronze Level Bicycle Friendly City. Thank you tot thel Planning Department who worked sol hard inj putting in our application. This reflects the vision that we are goingf forward,t tot trya andl have that multi-modal transportation, to makei iti more bikeable, to make it more friendly and createt that healthy environment. We are one of 479 other cities that are officially Bike Friendly cities and we will continue to work toward Silver Level. Last Friday wel hada a wonderful White Squirrel Dayand there were approximately 60 people from the community who came to watch Pisgah Penny, our official White! Squirrel ambassador, declare that we are going tol have six more weeks of winter. Al big thanky yout to the White Squirrel Institute for putting that on. Theya are a non-profit thati raises money for ther rehabilitation ofi injured animals, notj just squirrels. When an animal isi injured,you havet tot take itt to al licensed: rehabilitator to try and have it recover. Pisgah Penny was  later date.  with their cups on Friday afternoon.  Minutes- Brevard City Council Meeting- - February 5, 2024  Page 6of7    347  hit bya a cara and hasi injuries that do not: allowl hert tol be released backi intot the wild, sO the only way she can: survive ist tol live at the rehabilitation center and she fulfills her duty andi responsibility tot the city as our ambassador. Al big thank you to Pisgah Penny, who did ani incredible job. Two weeks ago we held our first. Age Exchange Forum, an initiative tot try tol break down some oft those silos that exist. Itiss sort of aligned with the meetingt thata a number of us werej just ati in terms of creating more unity. Thisi is to bring people of different generations together to talk aboutaj particular subject. Over 90 people! between the ages of11 and 94 attended the firstf forum. We will continue to do this with thei idea of creating social environments and activities where people can meet people that are outside ofy your normal sphere. Thei next one is on February 17th from 11:00 am to 1:00 pm at the Porter Center and we are going to talk about nature; how different generations viewt the environment and that! how viewpoint impacts their lives. There willl be four speakers, each representinga a different generation, andi iti is free to attend. Thei next Meet thel Mayor is on February 22nd from 11:30 am to 1:30 pm  at thel Mary C. Jenkins Community Center.  0. Closed Session  Closed Session #1 - At 6:06 p.m. Mr. Morrow moved, seconded by! Ms. Holder to enteri into closed session to discuss ap potential litigation matter andt to clear Council Chambers. Ther motion carried unanimously. Authorized to remain for the closed session with Council andt the Attorney were City Manager Wilson Hooper, City Clerk Denise Hodsdon, and Water Treatment Plant ORCI Dennis Richardson. Council Returned to Regular Session - at 6:26 p.m. Council resumed the meeting inr regulars session. No official action was taken in closed session and thei minutes ofthe Closed Session #2 - At 6:27 p.m. Mr. Wise moved, seconded by Mr. Baker to enter into closed: session to discuss a property acquisition matter. The motion carried unanimously. Authorized to remain for the closed session with Council and the Attorney were City Manager Wilson Hooper, City Clerk Denise Hodsdon, and Planning Council Returned to Regular Session at 6:52 p.m. Council resumed thei meeting inr regular session. No official action was taken in closed session and the minutes ofthe P. Adjourn 1 There beingr no further business, at 6:52 p.m. Mr. Baker moved, seconded by Mr. Daniel, to adjourn the meeting. The motion carried unanimously.  closed session are: authorized tol be sealed.  Director Paull Ray.  closed session: are: authorized tol be sealed.  buadptsim Denise Hodsdon, CMC City Clerk  Maureen Mayor  lpey  Minutes Approved: February19.2024  Minutes Brevard City Council Meeting- February 5,2024  Page7of7    348  THISPAGEI MTENTIONALYLETIBLANK