511  MINUTES BREVARD CITY COUNCIL Regular Meeting August 5,2024-5:301 PM  Thel Brevard City Council meti in regular session on Monday, August 5,2 2024,at 5:30 p.m. in the Council Chambers of City Hall with Mayor Copelof presiding. Present- - Mayor Maureen Copelof, Mayor Pro Tem Gary Daniel, and Council Members Macl Morrow, Aaron Baker, Pamela Holder, and Lauren Wise Staff Present -City Attorney Mack 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, Senior Planner Emily Brewer, Communications Coordinator Beckyl McCann, Police ChiefTom Jordan, Public Works Director Wesley Shook, WastewaterTreatment Plant ORCI Emory Owen, Water Treatment Plant ORCI Dennis Richardson, Community Center Director" Tyree Griffin, Police Lieutenant Charles Richard Harbin, Police Lieutenant Brent Sorrells, and  members of Brevard Police Department  Press Jon Rich, Transylvania Times  A. Welcome and Call to Order- - Mayor Copelof called the meeting to order B. Invocation - Rev. Shelly Webb of Sharing House offered an invocation. C. Pledge of Allegiance - Mayor Copelofled the pledge of allegiance. D. Certification of Quorum - City Clerk Denise Hodsdon certified thata E. Approval of Agenda - Mr. Hooper noted that he had made a revision to the proposed resolution regarding the reformation oft the Ecusta Trail Advisory Board and that copies had been distributed to Council. Mr. Morrow moved, seconded by Ms. Holder to approve the agenda as presented. The motion carried unanimously.  and welcomed those present.  quorum was present.  F. Approval of Minutes  F-1. June 17,2024 Regular Meeting - Ms. Holder moved, seconded by Mr. Bakert to approve the minutes oft the June 17,2024 Regular Meeting as presented. The  motion carried unanimously. G. Public Comments  Billy Parrish of 515 Probart Street said lam the current President of Heart of Brevard and the co-chair oft thel Heart of Brevard Built Environment Committee. Ialso serve asa a member of the Downtown Master Plan Committee representing thel Heart of Brevard. Iam offering this public comment to you tonighti in my role as Heart of Brevard President. The Heart ofl Brevard supports the concept being put forward in tonight's resolution declaring the current terminus ofthe! Brevard trail system at West Main Street as thei named Brevard terminus of the Ecusta Trail project. This public declaration ofi intent will ensure that the Ecusta' Trail fulfills its stated purpose oflinking downtown Hendersonville: and downtown Brevard from Main Street to Main! Street. Additionally, we believe that creatinga a clear connection between this new Main Street terminus to downtown properi is a crucial next step. In fact, the resolution before the Council aligns seamlessly witha al Pathway Pilot Project that our Built Environment Committee has! been diligently developing overt the past several months. The Heart of Brevard isi in the final stages of preparing our Pathway Pilot Project proposal for    512  presentation tot the appropriate City committees and community partners. We welcome tonight's resolution as a critical first stepi in strengthening the connection between Brevard's trail system and downtown. Thank you for all that you do for our Jimmy Veal of1 187 Pinnacle Road: said some ofy you guys are awarel have an issue thati isl kind of pending with the City. Ihave made an effortt to reach out to af few of you on the Council and! had a conversation with Mr. McKeller last November. It'sl kind of movingi in thes slowl lane for one reason or another. Ithas to do with access to 4or5 5 pieces of property that are landlocked byt the bottom 200 feet oft the Bracken Preserve trail, hopefully inadvertently, andI Iam searching for a solution that would provide access backt to those properties. On that note, Iwouldl like to reach out toj you guys individually over the next week ors so ands seei ifl could have a one-on-one convo with you. Itwould bei nice tor resolve this at Council level, rather thanl having to explore other James Carli ofl Burrill Avenue said Iam a member of the Brevard Planning Board, here in my own capacity. Iam speaking in favor oft the affordable housing project at the Presbyterian Church property. Itisa a good idea; I'm very supportive; and here'sa few reasons why. We are all very aware oft the need fora affordable housingi in our community. There was a report justa af fewy years ago thati identified: a shortage of somewhere between 800 and 1200 units of affordable housing. The Comprehensive Land Use Plan called for prioritization ofi infill development in our city and that is an example ofinfill development- - av vacant lot close to town that can be used. Urban planning best practices call for increased residency in downtown cores, which anchor residents near amenities boosting economic activity while reducing negative externalities liket traffic and pollution. Recent ordinance updates also permit new and innovative: materials like more permeable pavers to reduce water runoffa and making parking more efficient for developments like this. Negative impacts oft this develop- ment willl bel lower today thani ift this werel builtj just a few years ago before these code changes were passed. Wel have the need; we've reduced thei impacts through changes in the Code; and nowi ist thei rightt time to move forward with this kind of projecti in this type ofl location. Ilook forward to seeing the presentation tonight andI Iam excited to  community: and for downtown.  avenues.  give mys support as aresident tot this] project. H. Certificates/Award/Recognition  H-1. Presentation ofl Retirement Badge and Plaque to Lieutenant Charles Richard Harbin Police ChiefTom Jordan presented to retired Policel Lieutenant Charles Richard "Rick" Harbin his service badge and ai retirement plaque honoringl his H-2. Badge Pinning Ceremony Brent Sorrells Promotion tol Lieutenant - ChiefTom Jordan recognized Police Officer Brent Sorrells who has been promoted to Lieutenant. Chief) Jordan presented Lt. Sorrells withl his Lieutenant's badge, and his wife  years ofs service to thel Brevard Police Department.  pinned thel badge on his uniform. I.S Special Presentations  I-1. Engagement for Affordable Housing Project on thel Brevard-Davidson River Presbyterian Church Property Emily Brewer recalled thatt the City of Brevard engaged the UNCS School of Governments'sl Development Finance Initiative (DFI) in March 2023t to assess affordable housing development opportunities. As of] June the City of Brevard and thel Brevard Davidson River Presbyterian Church entered into al lease agreement to facilitate development ofa affordable housing on approximately- 4.5 acres of land behindt the Church. DFI willl be working witht the City on a pre-development feasibility study thati includes community engagement: sessions. DFI will conduct two] phases of community engagement: sessions wheret they wills solicit community input on public interests tol be: addressed byt this project and will also request targeted feedback on feasible  housing development program options.  Minutes - Brevard City Council Meeting- August5 5, 2024  Page 2of11    513  Phase 1: Guiding Public Interests (anticipated mid-August- -6 early October) The first phase of community engagement will focus on defining the guiding public interests for the development oft the Church site. Publici interests are statements that represent values and goals related to the project, as well asi inform trade-offs for the site's development. Ane example publici interest is: "development on the Church site should enhance pedestrian connectivity from the site: ands surroundingr neighborhood Phase 2: Development Scenarios (anticipated mid-November- mid-lanuary) The second phase of community engagement willi inform City Council's selection ofa preferred development; program for the Church site. Similar to the first phase, DFI will facilitate discussions in which community members willl be: asked to reflect on multiple development concepts and asked how well each concept aligns with the guiding public Phase 1 of Engagement willl begin witht twoi in-person events and one virtual event where DFI will facilitate discussion groups to gaini input on the project's guidingi interests:  to downtown."  interests, and which, ifany, best reflects the publici interests.  August 20th from 2:00-3:301 PM att the Brevard-Davidson River Presbyterian August 20th from 6:00- 7:30 PM at the' Transylvania County Library, Rogow August 22nd from 5:30-7:00 PMI held virtually (details TBA) I-2. Ecusta' Trail Advisory Board Reformation and Trail Governance Update - Based on feedback from the) June 26th Ecusta Trail) Joint Workshop, Mr. Hooper presented a proposal for reformation of thel Ecusta Trail Advisory Board (ETAB), with an updated membership and charge. Acopy ofl his presentation is attached. Mr. Hooper noted thatt there are three significant elements oft trail governance:: 1) how do we make our trail-related decisions?; 2) how do we go about jointly managing thet trail with our partners in Henderson County and perhaps Friends of Ecusta' Trail?; and 3) how do we integrate the trail into everything else that we do? Hee explained thate except for thet two at-large citizen members, his proposal for the updated ETABi includes appointees from groups whose areas ofe expertise tiei in with the publicly stated goals of thet trail. He noted that hei is recommending thata representative oft the' Transylvania Economic Alliance be added to ETAB: so that we can figure outl howt tol leverage the traili into commerce - how we use it to generate commerce; how we usei itt to support workforce. He said] Ithink we: are duty-bound to try to use the trail for those purposes because that's the premise under which we were awarded thel RAISE dollars. Hei noted that hel hasi included a proposed resolution updating the membership and charge oft the ETAB for Council's consideration later this evening. IfCouncil chooses to adopt the resolution, he will ask that Council appoint two Durtngguestomsycomments Council expressed support for the reconstituted  Church (269 El Main! St, Brevard, NC) Room (212SGaston: St, Brevard, NC)  council members to the board.  ETAB membership andi its charge as proposed.  .Public Hearing(s)  J-1. Proposed Amendments to City of Brevard Unified Development Odinance Chapters 5 and 13 - Requirements for Underground Wiring-A Aaron Bland explained that this isa a staff-initiated text amendment to clarify thei intent: and specifici requirements fori new utility connections tol be underground for new development within the city limits; iti is optional in thel ETJ. Thisi is mentioned in two chapters, Chapter 5- Building' Types & Architectural Standards and Chapter 13- Infrastructure Improvement! Requirements. The new language willl bel locatedi in Chapter 13, with the: single line related to underground wiringi in Chapter 51 removed to avoid confusion. Thei new language makes iti more clear that underground wiring must begin where the new linesl leave thes street right-of-way, an existing easement, or an existing pole.  Minutes- Brevard City Council? Mecting- August 5, 2024  Page3of11    514  The Planning Board voted unanimously toi recommend approval oft the amendments witha  slightr modification.  Mayor Copelof opened the public hearing at 6:25 p.m. Public Hearing Public] Participation: None.  Public Hearing Closed - Mayor Copelof closed thel hearing at 6:25j p.m. 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 a motion to approve the consent agenda. Mr. Wise moved, seconded by Mr. Morrow  to approve the consent agenda. The motion carried unanimously.  K-1. Tax Settlement Report-J June, 2024  K-2. City of Brevard Annual Tax Collection Settlement Report K-3. Resolution Directing Clerk tol Investigate Sufficiency of Petition for Annexation - Jason Shepherd, 35 Verdery Avenue ARESOLUTION DIRECTING THE CITY CLERKTO INVESTIGATETHE SUFFICIENCY OFAP PETITIONI FOR ANA AMREXATONPURSUANTTO  RESOLUTION NO. 2024-30 NCGS 160A-31, ASA AMENDED  WHEREAS, aj petition wasr receivedo on] July 1,2 2024, requesting the annexation ofa contiguous aread describedi ins said Petitiona asap portion oft the) Jason! Shepherd property at 35 Verdery Avenue, Brevard, NC 28712, consistingof 0.101 acres, more orl less, be: annexed into the Cityo ofE Brevard. (Tax  Property Identification! Number: aj portion of8 8585-28-6101-000). Metes and Bounds Property) Description:  That certain piece of land beingl located int the state of North Carolina, county of Transylvania, township of Brevard. Beginning ata an unmarked point ont the existing line oft the City of Brevard Limits and ont the northern right of wayl line of Verdery Ave., also beingl located ont the southern line oft that property of) Jason M. Shepherd described in Deed Book 765 Page 452, said property! being that 0.34 Acre tracts shown on Plat File 165 Slide 749. Thencer runningy witht thee existing City of Brevard Limits, a curve with ana arcl length of1 113.84', witha ar radius ofs 983.05, with a chord bearing of N 42*18'23" W, witha a chord! length of1 113.78, to an unmarked point int ther northern line oft thel before mentioned tract, said point being ont thee existingl line of City ofE Brevard Limits. Thence leavingt the existing Cityo of Brevard limits and running with the Earnest Duncan line a course $76'10'43" Wac distance of 18.15' toa1/2" Rebar found, thes southwest corner oft the Earnest Duncan property described int Deed Book 320F Page 140. Thence with the Bobby Tucker line a course! 51 14'14'36" Eac distance of 20.01' toa1 1/2" Rebarf founda ata3"s spindle guards stake, thes southeast corner oft the Bobby Tucker Tract describedi in Deed Book 332 Page 469. Thence with the line oft the other property owned by) Jason M. Shepherd, described in! Deed Book 765 Page 436, fort two calls, $13*27'48" Eac distance of4 4.95' toa5/8" Rebar and Cap set, thences1 13°37'43"6 Eac distance of7 75.06' toa5/8" Rebara and Caps set. Thence leaving the Shepherd tract describedi in Deed Book: 765 Page 436 and traveling along ther northern right of wayl line ofV Verdery Ave. N7 76'09'56" Ea distance of7 72.55'1 to ant unmarked point on the existing! line oft the Cityo of Brevard Limits, whichi is the point oft beginning. Containing 0.101 acres, more orl less. Beinga a portion oft the property conveyed to Jason! M. Shepherd in Deed Book 765 Page 452. Alsos shown as" "This Portion of Property tob be Annexed +/-0.101 acres" ona a plat prepared by David L. Burrellt titled' "Plat ofa Boundary/Annexation: Surveyf for Jason M.S Shepherd" being drawing number 24-27-REVISED and datedJ June 20, 2024-F -Revised. July 23, 2024. Referencei is hereby made tos said plat fora a more complete anda accurate description. The intent oft the landowner, Jason M. Shepherd, ist to annex any portion oft the property describedi in Deed Book 7651 Page 452 thati is noti int the existing City WHEREAS, said Petition! has been receivedbyt the City Council ofthe City ofE Brevard, North WHEREAS, NCGS1 160A-31,as amended, provides thatt the sufficiencyoft the Petition shall be WHEREAS, the City Council ofthe City ofE Brevard deemsi ita advisable top proceed ini response  ofE Brevard Limits, into the City ofE Brevard limits.  Carolina; and  investigated! byt the City Clerkb before further: annexation proceedings may take place; and  Minutes- - Brevard City Council? Meeting- August5 5, 2024  Page 4of11    515  tot this requestf for annexation. BREVARD, NORTH CAROLINA THAT:  NOW1 THEREFORE, BEI ITI RESOLVED! BY THE CITY COUNCILE OF THE CITYOF Section1 1. The City Clerki ish hereby directedt toi investigate thes sufficiencyoft the: above- describedPetition: andt to certify ass soon as possiblet tot the City Council the result ofheri investigation. Section 2. This Resolution: shalll become effective uponi its adoption and: approval.  Adopted: anda approvedt this the 5th day of August, 2024.  Attest: Denisel Hodsdon, City Clerk  s/ Maureen Copelof, Mayor  K-4. Ecusta Trail Advisory Board Minutes - March 27, 2024 K-5. Ecusta Trail Advisory Board Minutes- - April2 24,2024 K-6. Council Public Works & Utilities Committee Minutes-1 May1,2024 K-7. Council Public Safety Committee Minutes - May 28, ,2024 K-8. Council Public Works & Utilities Committee Minutes- June! 5,2024 K-9. Council Public Safety Committee Minutes - June 24, 2024 K-10. Council Parks, Trails & Recreation Committee Minutes - May 15,  2024  L.Unfinished Business  L-1. Amendment to Traffic Schedule to Name and Establish Regulation for New City Street- Aaron Bland recalled that this was presented as aj publicl hearing at the) June 17th Council meeting. The city has accepted dedication of an access road off Deerlake Road behind thel EnMarket gas station. Now thati iti isa a city street, iti needs to ber named anda appropriate traffici regulations for this street need to be codified. He noted that thep proposed ordinance codifies the regulations but does not include a name. Mr. Bland recalled that att thel lasti meeting it was mentioned that Mr. Morrow could potentially do some research on thel history of the area and propose a name. Mr. Morrowl has done that research and proposes the name Siniard Court tol honor the family that owned al lot oft thel land and was instrumental in the County and City's early history. Mr. Daniel moved, seconded by Mr. Wise to name the street Siniard Courta and to adopt the ordinance. Mr. Morrow gave al history of the Siniard family and added that the' Transylvania County Historical Society Board endorsed the proposal. The motion  carried unanimously.  ORDINANCE NO. 2024-29 AN ORDINANCE ESTABLISHING SINIARD COURT AND AMENDING THE BREVARD' TRAFFICS SCHEDULE AND BREVARD CITY CODE CHAPTER 66  WHEREAS, ant unnamed streeto off ofI Deerlakel Road was dedicated tot the City on April 18, 2024 WHEREAS, followinga aj publicl hearingl held onj June 17,2024, the City of Brevard wishes toa add NOWTHEREFORE, BEI IT ORDAINED! BY7 THE CITY COUNCIL OF THE CITY OFI BREVARD, NORTH CAROLINATHAT THE' TRAFFIC: SCHEDULE/ AND THE BREVARD CITY CODES SHALLI BE Section 1.The previously unnamed street! located along Deerlake Road: approximately 220 feet  (Plat File 24, Slide 136); and  this streeta and its pertinent regulations tot the City ofE Brevard Traffic Schedule.  AMENDED. ASF FOLLOWS:  west ofA Asheville Highwayi isl hereby named' "Siniard Court."  Minutes Brevard City Council Meeting- August 5, 2024  Page5of11    516  Section 2. Chapter 66, Schedule! I,Section 66-122 oft the Brevard City Code and the City'sTraffic Section 3. Chapter 66, Articlel IV,Schedule) XI, Section 66-72 ofthel Brevard City Code: and the Section 4. Chapter 66, Schedule XVIII A, Section 66-87(6)oft the Brevard City Code and the City's Section! 5.The City Clerk ofthe City of Brevardi is hereby authorized and directedt tor revise: and amend the officialr records and thel Brevard' Traffic Schedule tor reflect the change as set forthl herein. Section 6.1 The City Manager oft the City of Brevard isl hereby authorized: and directed to cause the appropriate signst tol bei installed and enforcement oft the foregoing provisions tob bei implemented. Section' 7.This Ordinance shalll become effective uponi its adoption and: approval.  Schedule isl hereby amended as described below: a) Boths sides ofs Siniard Courti ini its entirety. City'sTraffic Schedule isl herebya amendeda as described' below: a) Add Deerlake Road from! Siniard Court. Traffic Schedulei is hereby amended: as described below:  a) Add Siniard Court.  Adopted and approved this 5th dayo of August 2024. Attest: Denisel Hodsdon, City Clerk Approved ast to Form: Mack! McKeller, City Attorney M. New Business  s/ Maureen Copelof, Mayor  M-1. Consider Resolution Reforming the Ecusta Trail Advisory Board Mr. Baker moved, seconded by Mr. Daniel to approve the resolution reformatting thel Ecusta Mr. Wise moved, seconded by Mr. Daniel to appoint Council Member Baker: as chaira and Council Member Morrow as co-chair. The motion carried unanimously.  Trail Advisory Board. The motion carried unanimously.  RESOLUTIONI NO.: 2024-31  ARESOLUTION UPDATING' THE MEMBERSHIP, AND CHARGE OFTHE BREVARD/TRANSYIVANA COUNTYI ECUSTA TRAILADVISORYI BOARD WHEREAS, the Ecusta Traili isap planned 19+ mile multi-use paths stretching from Brevard, NCto WHEREAS, inj June 2021 the City ofE Brevard passed Resolution: 2021-21 agreeing tol become the "leada agency" for thet trail in1 Transylvania Countyt to" "secure funding, oversee design, oversee construction, andi manage public use oft the section oft thet trail in Transylvania County":a and WHEREAS, inl December: 2021 the City ofE Brevard passed Resolution: 2021-586 establishing the Ecusta' Trail Advisory Board (ETAB) and delegating oversighto oft the: above listed: activities toi it; and WHEREAS, between 2021 and 2023, under the direction oft the ETAB and the Brevard City Council,t the City ofBrevarda applied fora and won three large Federal grants -FLAP($1M), NSFLTP ($21.4M) and RAISE ($24.5M)- tof fund design and construction ofthet trail; and WHEREAS, in August 2023 the City ofB Brevard received permission from USI Department of Transportation tot transfer its awards to! NCI Department ofTransportation' (NCDOT) for execution; and WHEREAS, whilel NCDOTi ist technically the executor ofthep project, itis deferring decisions ona all WHEREAS, ins spring/summer 2024 with engineering: and design underway, NCDOT notified that Cityo ofBrevard of approaching deadlines for decisions onb branding, alignment, amenities, and other WHEREAS, the Cityo ofE Brevard has alsoi identified several additional projects, some ofv which are times sensitive that,i ifcompleted, will complement the Trail and multiply its impact; and WHEREAS, Henderson County plans to open the firsts segment oft thel Ecusta' Trail, located entirely within itsj jurisdiction, inc calendar year 2024, andi is seeking Brevard's inputo onr matters that may  Hendersonville, NC; and  elective components oft the project tot the City ofE Brevard; and  matters; and  affectt the Transylvania County segment once itisc completed; and  Minutes- Brevard City Council Meeting- August5, 2024  Page 6of11    517  WHEREAS, the ETAB'sauthorityi is unclear and its membership reflective ofc conditions in 2021; WHEREAS, inc consideration ofthesef factors andi inr recognition oft the large potentiali impact the completed" Traili ise expectedt tol have ont the Brevard community, therei isi interest among City ofBrevard staff ande elected officials in clarifying the ETAB's charge and reviewing its membership; and WHEREAS, the Council expressed thisi interest publicly inav Workshop dedicated to Ecusta' Trail WHEREAS, on August 5, 2024 the Brevard City Council discussed this matter ati its regular public NOW' THEREFORE, BEI ITI RESOLVED! BY THE CITY COUNCIL OF THE CITY OFE BREVARD, Thel Ecusta Trail Advisory Boardi ish hereby reconstituted with the following provisions  and  governance held onj June 26, 2024; and  meeting.  NORTH CAROLINA THAT:  1.) Membership shall consist oft the following members:  AC chairperson appointed by the Brevard City Council from amongst its members Ac co-chairperson appointed by the City Council from amongst its members (Mac One representative as recommended by the Transylvania County Tourism Development Authority from amongsti its membership or staff. (Deel Dee Perkins) Oner representative as recommended by the Friends ofE Ecusta' Trail from amongst its One representative as recommended by Conserving Carolina from amongst its One representative as recommended by the Transylvania Economic Alliance from Oner representative from Hearto ofE Brevard from amongsti its members (Doug Miller) Oner representative as recommended by Transylvania County (Larry Chapman) Two at-large representatives as appointed by City Council (Madeline Hanley and  (Aaron Baker) Morrow)  membership (John! Ditillo) membership ors staff (Rebekah Robinson) amongsti its membership (Shelia Carland)  Meredith Carli)  2.) Thel Mayor oft the City ofB Brevarda and a representative from the Henderson County RTACS shall serve ini non-voting ex-officio capacities. These seats shall not be considered in the quorum 3.) Tol be eligible for appointment, a participant must be deemed by the appointing authority, Brevard City Council, tol be vested, with a personal or professional stake int the affairs oft the 4.) The membership terms arei indefinite. The board's membership, charge, and authority shall ber reviewede every threey years, with new ppolntmems/rappahtmens made att that time. 5.) The committee chairperson is granted flexibility on meeting rules and procedures 6.) The work of the ETAB shall be facilitated by the City Manager (or his designee) with participation by city staff. Staffs shall participate in ETAB onlyi inar non-voting, advisory role. Staffs shall not count towards quorum calculations. Voting seats vacated by staff shall not be 7.) ETAB: agenda shall be created by staffi inc cooperation with the committee chairperson. Items mayb bea added by the chairperson atl his/her discretion, administratively by the City Manager, 8.) The ETAB's recommendations shall be forwarded to City Council typically through its 9.) Thel ETAB'sc charge shalll bet toc consider: and maker recommendations onr matters related to trail  calculation.  City ofBrevard: andt the Ecusta' Trail. City residency is not required.  refilled.  orv via referral oft the full City Council. "Consent Agenda" process.  usability and community impact. Examples include: On-trail amenities Maintenance prioritization Signage (types, content, and placement) Trail" "rules" and users standards Integration ofE Ecusta' Traili into existing trails/facilities  Minutes Brevard City Council Meeting- August 5, 2024  Page7of11    518  Type and location of complementary amenities outside federally funded project Complementary programs (e.g. Trail Partners) intended to leverage the trail's Encroachment requests within traild corridori inc conjunction with technical analysisb by  footprint. Construction timing staff.  presence to create communityi impact  10.)The provisions oft this resolution supersede the related provisions oft the below resolutions.  Unaffected provisions ofthel below resolutions remaini ine effect:  Resolution! 2021-21 Resolution! 2021-58 Resolution 2022-40  Adopted anda approved this the 5th day of August, 2024.  Attest: Denise Hodsdon, City Clerk  s/Maureen Copelof, Mayor  M-2. Consider Resolution Dedicating the Western Terminus oft the Ecusta Trail onl Main St. in Downtown Brevard -Mr. Hooper noted that this wasa Council- initiated question and Staff's position on this is neutral, buti in order to facilitate the conversation Staff compileda a SWOT analysis for Council's consideration:  Strengths asingle! brandf for Brevard's most prominent trail segments. Proposal wouldt bring Ecusta Trail nomenclaturei into Lumberyard: and downtown areas. clarity tol Henderson Countya andF FOETa as they embark ont trail branding fort their segmento openingi inlate 2024. Proposale extends the length andp prominence ofthe Ecusta Trail  Weaknesses legacy trail name segments oft trail network. Proposale expands Ecusta Trailf footprint projectf footprint. All necessary have tobef funded with local dollars.  Opportunities Proposal couldi induce Ecusta Trail users to allowing downtown and trail, andi likely hardert to Lumberyard businesses travel. tob benefitf fromt the commerce thet trailis Proposal would allow. Depott tobe usedt toi its fuller potential. Local Ecusta Trail beu used toi improve R58001 from what's planned.  Threats/Risks Trail segment along AVL HWY will bec differenti in character thant ther main Full connection! between current terminus and downtown won'tbe completed until NCDOT's R5800 project isf finished. R5800's construction will between main trail and two) years.  Proposalv would resulti in Proposal replaces  (Estatoe)f forp prominent continue downtown, beyondf federally funded expected tog generate.  Proposal would provide enhancements would  money could potentially interrupt connection bike/pedi infrastructure in downtown for perhaps  Mr. Baker moved, seconded by Mr. Wiset to adopt thel Resolution Dedicating the Discussion: Mr. Baker saidIsee this as fulfilling the promise andt the potential of the Ecusta' Trail as originally intended when the City ofl Brevard took thel leadership role ini making this traill happen. Isee this as ane extension of that and a reallyi important decision for us tor make. Thel logo that we approved att thej joint meeting said Hendersonville and Brevard at thet top; it did nots sayl Hendersonville and Pisgah Forest. The trail reaches all the wayt to downtown Hendersonville ont their Main Street, andI believe aj project as transformational. as this should also reach our Main Street. He saidI knowt therel has been some discussion about the current Estatoe Trail and how this affects the names of our current trail system, and Idon'tthink thisi in any way overshadows thel Estatoe' Trail name, thei importance of that trail tot the city, andI Ithink this honors the forethought from SOI many city leaders oft the] past who took a risk on building thet multi-use path tol begin with. The only real reason we can make this decision tonighti is because the trail already reaches Main Street whichi isar relatively new development in the last few years, and the decisions that led up to that fact have Mr. Wise said lagree with most of what Mr. Baker said. Ithinki iti is critically important we find a connection between our two communities in Hendersonville and here. Thel Main Street tol Main Street ideali is a very clear concept andi it compels people to want to ridei the whole thing from mile zero all the way to our downtown where we  Western' Terminus oft the Ecusta Trail onl Main Streeti in Downtown Brevard.  brought usl here today and made this a reality.  really want them.  Minutes Brevard City Council Meeting- August 5,2 2024  Page8of11    519  Mr. Daniel said lagree with what both council members haves said. When you havea a vision andy you're this close to completing it, let's do that. Iseel bringing the trail Ms. Holder: said It think one of the weaknesses is part of the answer to my question that since itist beyond the federally-funded footprint of the project, then we would have to use local dollars in order to fund it. Do wel havet those resources at this point ori is that something we would havet tol look at: againl later tol build those resources? Mr. Hooper said perhaps thel local Ecusta' Trail dollars, the' TDA contribution and perhaps the FOET contributions could be used fore enhancements to this trail. Also, thel R-5800 NCDOT project is goingt toj jumpstart: some oft thei improvements to thet trail along that corridor. There are: some enhancements we can make to further convert that Mr. Morrow said Iwould hope that we would push this decision down the road. Thel history ofitr means SO1 much to me andi ift they're both going together, maybe that works, butIdon't: see the Ecusta Trail overriding the Estatoe Trail. The Estatoe Trail was created in 18561 between Rosman and Pisgah Forest, so that tells you that they're linked. Thel history of it goes on andi many Cherokee-heritage people that live here understand that perhaps moret than most. It was the very first foot trail thate existed in this river valley. Ithink we need tol be real careful about how we treatt the Estatoe Trail andl Ithink iti is an opportunity. We've: always talked about this competition between gateway and downtown - what connects them? The Estatoe Trail does. Itseems to me thati isa ar real opportunity to improve..wel have put $12,000 in this year's budget for the same design team thati is working on the Ecusta' Trail tol look at the Estatoe Trail for improvements. So wel know thati it's needed. The engineering oft the two are entirely different; one is safe, one is nots so safe. The Estatoe' Trail needs a lot of work. Justt to say we are goingt to do it without knowing how muchi it's going to cost or where the  tol Main Streeti in downtown Brevard as the completion oft that vision.  project to makei it function more like a trail.  issues are, in my view we are waving ai magic wand.  Vote on thei motion was 4i in favor; one opposed (Morrow). The motion carried. RESOLUTION DEDICATING* THE WESTERN TERMINUS OF THE ECUSTA TRAIL WHEREAS, thel Ecusta' Trail willl bea ai multiuse, paved greenway connecting the cities of Hendersonville: and Brevard alongaf former raill line which endeds servicei in2 2002 and wills serve asa new' 'cuitural main street" connectingo communities, promoting health, enriching the quality oflife and WHEREAS, thel Friends oft thel Ecustal Traili isag grassroots non-profit formedi in 2009 dedicated WHEREAS, Conserving Carolina, ar non-profit land conservation organization operatingi in Henderson, Transylvania andi neighboring counties, worked with partners including the Friends oft the Ecusta' Trail: andl local governments too create the proposed Ecusta' Trail utilizing the 19.4-mile rail WHEREAS, the City of Brevard agreedi inj June 2021 to playa al lead rolei ins securing funding, overseeing construction: and managing public use oft the section oft thel Ecusta' Trail in' Transylvania WHEREAS, int the! Summer of2 2023 the City of Brevard was awarded twof federal grants from the U.S. Department of Transportation too completet thel Ecusta' Trail: a $21.4 million Nationally Significant Federal Lands and' Tribal Projects granta anda a $24.5 million Rebuilding American Infrastructure with WHEREAS, the future Ecusta' Trail willl bring manyr recreational, public health and economic benefits tol local residents and! businesses int the Cityo ofBrevard: and' Transylvania County; and WHEREAS, the eastern terminus oft the Ecusta Traili is located on South! Main Streeti in WHEREAS, the Cityo ofE Brevard withi its partner thel Heart ofE Brevardi is dedicated to maintaining  RESOLUTION: 2024-32  ONI MAINS STREETI INI DOWNTOWNI BREVARD  the economy fore everyone; and tot the completion oft thist trail; and  corridor connecting Hendersonville. andi Brevard; and  County; and  Sustainability: and Equity (RAISE) grant; and  Downtown Hendersonville; and  and growingav vibranta and vital downtown; and  Minutes Brevard City Council Mecting August 5, 2024  Page9of11    520  WHEREAS, the Cityo ofE Brevard isb building: andi maintaining its own 7.51 mile long multi-use trail calledt thel Estatoe' Trail which connects its citizens toi important landmarks, schools, businesses, and WHEREAS, thel Ecusta" Trail will onlyf fulfilli its aspirations of connectingt the Western North Carolina communities of Hendersonville: and Brevardi ifitis contiguous from' "Main Street to! Main Street". NOWTHEREFORE, BEI ITI RESOLVED! BYT THEC CITY COUNCILO OFTHE CITY OF BREVARD, Section 1. The City of Brevard dedicates the western terminus ofthe Ecusta' Trail on! Main! Street inD Downtown Brevard and will commit stafft time andi infrastructure: including portions ofits Section 2. This Resolution: shall become effective uponi its adoption and approval.  recreational: assets within the cityl limits; and  ORTHCAROLNATHAT:  multi-uset trailt tot this purpose.  Adopted anda approved thist the! 5th dayo ofA August, 2024. N. Remarks/Future, Agenda Considerations. Ms. Holder thanked everyone for being here.  Attest: Denise Hodsdon, City Clerk  s/Maureen Copelof, Mayor  Mr. Wise said Ihave been talking toa a number of candidates that are running in our community and one oft thef first things we talked abouti is talking to the public and so Iwould love to thank all ofyou for beingl here telling us your opinion, writing us, calling us. Ican'ttelly youl howi important thati is; we are here fory you. There isal WNCI housing forum this Friday August 9th at thel Blue Ridge Conference Hall in Flat Rock. Itisa good opportunity to talk about housing needs regionallyi in our community. Mr. Morrow. said to Chief] Jordan Iwould like to give as shoutout tol Lt. Ralph Cobb and Sgt. Wilson Bunn, two ofy your finest. Unfortunately, about ten days ago with the international cyber security problem, Keir Manufacturings cloud was compromised. Thankfully they were not: ablet toj penetrate our system, but they did geti into our cloud and were ablet to duplicate exactly our invoices and try to get them to send their money to' Texas instead of Brevard. Those guys know theirs stuff. They got us ina and the biggest thingi is they understand enough about thei intricacies ofl Microsoft to where they could actually get everybody's computer back up and running within anl hour. Al big thank  you and shout out to youg guys.  Mr. Daniel expressed concern about the Jailhouse Hill sidewalk. He: said wel have given City Camper multiple passes and they need to get that cleaned up. Mr. Hooper reminded everyone that the next meeting willl be held at thel Mary C. Jenkins Community & Cultural Center. In an effort to make government more transparent: and meet! people where they are we decided to experiment withl holdinga Mayor Copelofr reminded everybody thatt tomorrow nighti is National Night Out, and opportunity for the community to meeta and interact with our public safety folks. Also, the Heart of Brevard willl havei its square dance that same evening. It was nice to watch one of our police officers get promoted and one get recognized. We talk about thei importance of public input, and wel have opportunities for that public input on the affordable housingi project as we heard earlier. We will alsol have aj publici input session on thel Ecusta' Trail on! September 10th from 5-7 pm att the Rogow Room. Iwant to thank everybody that took time out to come tonight as well as those that took time outt to comet to the publici inputs session wel had a weeka ago on thei new district in thel Pisgah  meetingr remotely.  Forest area.  0. Closed Session  0-1. Pending Litigation: NCGSS14331B11010) At7:00 p.m. Ms. Holder  Minutes- Brevard City Council Meeting- August5 5,2 2024  Page 10of11    521  moved, seconded by Mr. Morrow to enteri into closed: session to discuss pending litigation matter Cityo ofE Brevard vs. Bauslaugh- Case No. 21-CVS-381 andt to clear Council Chambers. The motion carried unanimously. Authorized to remain for the closed: session with Council and the Attorney were City Manager Wilson Hooper, City Clerkl Denise Hodsdon, Planningl Director Paul Ray, and Assistant Planning Director Council Returned to Regular Session - at 7:53 p.m. Council resumed the meeting in regular session. No official action was taken in closed session and ther minutes ofthe P.A Adjourn - Therel being no further business, at 7:54 p.m. Mr. Baker moved, seconded by Ms. Holder, to adjourn thei meeting. The motion carried unanimously.  Aaron) Bland.  closed: session are authorizedi tol be sealed.  Saidhuin Denise Hodsdoh, CMC City Clerk  Maureen Mayor  Tl  Minutes Approved: August19.2024  Minutes Brevard City Council Meeting August 5, 2024  Page 11of11    522  THISPAGEINTENTIONALLYLEFTBLANK    Ecusta Trail Governance Update and Proposal Presenter: Wilson Hooper, City Manager  August5,2024  Governance items  ETAB2.0-reformed advisory group Decision buckets - who gets to decide what Perhaps ana agreement with FOET for additionals services Integration of trail into other city matters  MOU with Henderson County regarding operations/management  Background December 2021  Brevard City Council formed the current Ecusta Trail Advisory Board in Its charge was to "oversee the financing, design and construction of the "2E Elected Officials from the City ofE Brevard (Mayor & Chair)F Parks, Trails &F Rec Committee" 21 Members from thel Transylvania County Board of Commissioners or designees"  Ecusta Trail in Transylvania County." Its membership consisted of: 1 Member from Tourism (Executive Director)" Member from Conserving Carolina" 1 Member from Friends of the Ecusta Trail" '1 Member from Brevard Blue Zones Project" "2At-largeA Appointments" "Brevard CityN Manager" "Brevard Planning Director"  '1 Chairman oft theH Henderson County Ecusta Trail Advisory Board Ex-Officio"    Background (cont.)  - The ETAB's membership kept the long-shot project alive until the awarding Once it became clear that the project was likely going to happen, and its game changing potential became apparent, some questions arose about who the ultimate local decision makers were for trail-related matters. There's also the question of how the local government entities (Brevard and Henderson County) will cooperate to manage the trail once it's  oft the RAISE and NSFLTP grants in summer 2023. Summer 2023 was a turning point for the project.  completed.  ETAB 2.0 membership  City manager proposes updating the ETAB's membership to include appointees from groups whose areas of expertise tie in with the Chairperson appointed! byt the City Council from amongsti itsr membership (TBD) Co-chairperson: appointedb byt the City Councilf from amongsti its membership (TBD)  publicly stated goals of the trail.  Oner representative as recommended byt thel Transylvania Countyl Tourism Development Authority from Oner representative asr recommended byt the Friends of Ecustal Trail from amongst its membership (John Oner representative asr recommended by Conserving Carolina from amongst its membership ors staff Oner representative as recommended by Transylvania Economic Alliance from amongsti its membership Oner representative asr recommended by Hearto ofE Brevard from amongsti its membership or staff (Doug Oner representative from thel Transylvania County Boardo of Commissioners (Chapman) Two at-larger representatives as appointedb by City Council (Hanleya and Carli) Brevard Mayor andr representative from Henderson County RTAC tos servei ine ex-officio non-voting  amongst its membership ors staff (Dee Dee Perkins)  Ditillo) (RebekahF Robinson) or staff (Sheila Carland) Miller) positions  ETAB 2.0 purpose  New charter tasks them with making recommendations on matters related toi trail usability and communityi impacts. Examples include:  On-traila amenities Maintenance prioritization Signage (types, contents, andj placement) Trail "rules" and user standards Integration ofE Ecustal Traili into existingt trails/facilities Construction timing community impact Encroachment requests the full Council.  Type andl location ofc complementary amenities outsidei federally funded project footprint Complementaryi programs (e.g. Trail Partners) intended tol leverage the trail's presence to create Other items may be referred by chairperson, city manager, or by referral of    ETAB 2.0 membership cont.  Tol be eligible, a participant must be deemed by the appointing authority (City Council), to be vested, with a personal or professional stake in the affairs of the City of Brevard and the Ecusta Trail. City The membership terms are indefinite. The board's membership, charge, and authority shall be reviewed every three years, with reappointments  residency is not required.  or new appointments made at that time.  ETAB 2.0 complementary working group  Acomplementary working group will be convened to facilitate the work Group members bring expertise in areas necessary to accomplish the  oni the advisory group. community's stated trail goals. Brevard City Manager (or his/her designee) Brevard City Engineer Brevard Planning Director and designated planning staff Brevard Public Works Director FOET executive director TDAE executive director TEA executive director HOB executive director CCrepresentative RPOI representative  NCDOT representative (until construction completed) TPDr representative (until construction completed)  Ecusta Trail "decision buckets"  STAFF Bicycle designs speed Shoulder width/grade Pavement thickness Pavement cross slope Maximum grade Safety sign! locations Encroachment design Bridge repair/replacement Road crossing treatments  ETAB2.0 On-traila amenities Maintenance prioritization content, Waylinding/elective: placement) signage (types, Trail "rules" andu users standards Integrationi into existingt trails/facilities Type: amenities andi location outside ofo federallyf complementary funded project footprint Constructiont timing Complementaryl programi intended to leverage trail'sp presence ando create communityi impact Encroachment: requests withint trail corridori inc conjunction withs staff's techniçala Realignment analysis options at Mtn. Industrial Drivet terminus R5800 betterments top pursue Trailhead( (ort trailheads) location(s)  City Council Extend to! Main St./Rebrand Estatoe? Landscaping and refuse collection service levels Public safety service levels Terms ofi interlocal agreement with HC Future role OfFOET Non-grant financial commitments Requests toa amend scope of grant(s) Possible update tol UDOto integrate traili intol land-use    Memorandum of Understanding  Sot far only a very early draft has been circulated amongst staff Memorializes the relationship between the three parties and lays out Presumably will outline service levels, though those have yet to be The current proposal is at three-way agreement between Brevard, HC, City Manager may recommend having two separate agreements with  each party's basic responsibilities  negotiated.  and Friends of Ecusta Trail HC and FOET. More to come on this topic.  Additional Considerations for Council  Integrating the trail into the bigger picture  Revise land use regulations to orient new development to trail? Shift funding priorities tol build complementary infrastructure? How do we leverage the trail's presence for community benefit? Can our organizational structure execute these efforts? City Manager recommends holding another workshop ini the fall to start working through these matters and HC/FOET terms. Later this evening you're asked to adopt the revised charter and membership for ETAB, and discuss whether to name Main St. as  terminus.  D  COMMENIS/QUESTONS?