493 MINUTES BREVARD CITYCOUNCIL Regular Meeting June 17,2024-5:30PM Thel Brevard City Council met in regular session on Monday, June 17,2024, at 5:30 p.m.i in the Council Chambers of City Hall withl Mayor Copelof presiding. Present - Mayor Maureen Copelof, Mayor Pro Tem Gary Daniel, and Council Members Mac Morrow, and Aaron Baker Absent - Lauren Wise and Pamela Holder Staff Present- -Attorney Elise Wall, City Manager Wilson Hooper, City Clerk Denise Hodsdon, Assistant City Manager/Finance Director Dean Luebbe, Assistant to the City Manager Alex Shepherd, Planning Director Paul Ray, Assistant Planning Director Aaron Bland, Senior Planner Emily Brewer, Human Resources Director Kelley Craig, Communications Coordinator Becky McCann, Police ChiefTom Jordan, Fire Chief Bobby Cooper, Public Works Director' Wesley Shook, Wastewater Treatment Plant ORC Emory Owen, WaterTreatment Plant ORC Dennis Richardson, Community Center Director Tyree Griffin, Police Detective Chrystal Hibbs 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 - Pastor Demal Barishnikov of Destiny Church offered an C. Pledge of Allegiance - Mayor Copelof led the pledge of allegiance. D. Certification of Quorum - City Clerk Denise Hodsdon certified thata quorum was present. Mr. Morrow moved, seconded by Mr. Daniel to excuse Councilmember Wise and Councilmember Holder. Thei motion carried unanimously. E. Approval of Agenda - Ms. Hodsdon requested to add al Road Closure Ordinance for National Night Out to the Consent. Agenda as Item K-10. Mr. Morrow moved, seconded by Mr. Baker to approve thea agenda as amended. The motion carried and weicomed those present. invocation. unanimously. F. Approval of Minutes F-1. April 12, 20241 Budget Workshop Mr. Daniel moved, seconded by Mr. Baker to approve the minutes oft the April 12, 2024 Budget Workshop as presented. F-2. June 3, 20241 Regular Meeting. - Mr. Morrow moved, seconded by Mr. Baker to approve the minutes ofthe) June 3, 2024 Regular Meeting as presented. The The motion carried unanimously. motion carried unanimously. G. Public Comments Harvey Sankey of 41 Pine Street said my comment is related tot thel budget. You took $70,000 for one police car out oft the unobligated fund balance. The unobligated fund balance represents surplus funds not yet assigned tos specific expenses or projects. These funds should be prudently reserved. for one-time purchases rather than reoccurring expenses to ensure fiscal stability and to prevent future budget shortfalls. 494 Under thats statement, disagree with you taking $70,000 out of the unobligated funds toj pay for the police car. Ithinki itist totally unnecessary based on the comment thatl just madel here. You could take thata andj puti itl backi into the operating expense account for the Police Department, which youl have done in priory years. Itisar reoccurring expense tor replace police cars; it's not a one-time expense. That's why I'm sayingi it should go backi into the operatinge expense account fort thel Police Department, The other thingi is, okay, what happens to that $70,000 now that we puti it backi into the operatinge expense? You could reduce the Fund 78: and Fund 83, which are the Estatoe Trail and Planning by $35,000 each. Youl have taken andi increased these funds by $70,000. Ifyout take $35,000 out ofeach,) you'll be okay as far as your operating budget isc concerned and it won'taffect thet tax rate. $140,000 was initially for two police cars andy you added the $70,000 and $70,000 again to thel Estatoe Trail and Downtown Master Plan. As fara as the Estatoe Trail, iti is a 180% increase over what the City Managerr represented, and the Downtown fundi is 112% over what the City Manager wanted tol have. You could change this and you could transfer funds around. Ifyou needed all $70,000 you could take some money out oft thel Police Department's funds for increasing their department expense for their new headquarters and put thati into your unobligated fundl balance. H. Certificates/Award/Recognition H-1. Badge Pinning Ceremony- Chrystal Hibbs Promotion tol Detective - Police ChiefTom) Jordan recognized Police Officer Chrystal Hibbs who has been promoted to Detective. ChiefJordan presented the Detective's badge tol Detective Hibbs who wasj joined by family members. I. Special Presentations- - None. J.Public Hearing(s) J-1. Amendment to' Traffic Schedule tol Name and Establish Regulation for New City Street- - Aaron Bland explained thatt the City recently accepted the dedication of an access road offI Deerlake Road behind thel EnMarket gas station. Itaccesses the reard oft the Arby's] parkingl lot. This' Traffic Schedule amendment wille establish a name, speed limit, andi noj parking for the new city street. The speed limit would be: set at 15 MPH with thee entirety oft ther road designated as ar no parking area. The requirement to stop! before entering Deerlake Road willa also be codified. Mr. Bland noted that the main question before Council tonight is to decide on thei name oft the street. He referred to the naming guidelines in the City Code and provided al list of] possible names should Council wish to consider these: Lambo Court- - nearby creek that runs through the nearby Deerlake Eldridge Court- - former owner of thej property Ironwood Court- - colloquial name ofa tree that is found nearby Catbrier Court- - name ofa an understory plant thati is found nearby Carolina Lily Court- the official state wildflower Brookie Court- - the official state freshwater fish whichi is native to our local Mayor Copelof opened the public hearing at 5:45 p.m. Public Hearing) Public Participation: None. neighborhood rivers Public Hearing Closed - Mayor Copelof closed thel hearing at 5:45 p.m. During Council comments, Mr. Morrow noted thatt there is a historical significance here asi it was thes site of the first meeting grounds where every year everybody would come and meet. It was the mustering ground for thes soldiers in the Civil War. It was the center oflocal government before we werea al local government and where' Transylvania County began, as it was thel location oft the Minutes Brevard City Council! Meeting- June 17,2024 Page2 2of12 495 very first meeting of county commissioners. He thought it would take al little bit oft thought tol honor that history. There was consensus that Council would providei input separately to the Planning Department prior to Council's vote at J-2. Proposed. Amendments to City of Brevard Code of Ordinances Chapters 1,46, and 62 - Sidewalk Usage Policy Emily Brewer presented al PowerPoint presentation thate explains rationale and background for this proposed amendment, the process itl has undergone, and a visual of whati it will look like. A copy ofher presentation is attached. She explained that North Carolina General Statutes $160A- 296s states that cities have general authority and regulatory authority over all public sidewalks within its corporate limits. Iti is thes stated duty ofai municipality to keep the public sidewalks "open for travel and free from unnecessary obstructions." She noted that the City recently completed thel Main Street improvements from the Downtown Master Plan, added new public amenities, ande established as social district in Downtown. She explained that these steps toi improve thej pedestrian experience prompted Stafft to revisit thes sidewalk usage ordinance. The North Carolina League ofl Municipalities (NCLM), the City'sinsurance provider, advised Stafft that, in order to be adequately covered, alli items plaçed in the public rights-of-way need tol be permitted with insurance naming the City as an additional insured and ane executed hold harmless agreement. Additionally, the City needs toj proactively monitor the sidewalk encroachments andt take enforcement actions to remedy violations when necessary. Thisi isa a staff-initiated text amendment to ensure that all items (e.g., merchandise, planters, furnishings) placedi in City or State rights-of-wayl havei insurance and meet the minimum separation requirements as set forth by State law. The proposed changes also aim tor reduce thel burden on business owners by making ita one-time permit. Ms. Brewer noted that because these amendments directly impact the City'sl liability coverage, Staffisr requesting: a vote on these amendments following the public hearing. Byvoting on the matter tonight, Staff willi immediately begin working on resolving the outstanding liability questions over the: summer, instead of waiting fora a vote at the the next meeting. next Council meetingi in August. Mayor Copelof opened thej public hearing at 6:07 p.m. Public Hearing Public Participation: Paul Hawkins said my biggest issue ist the fact that brick usage, which has been longtime available to us andI Ihave, as far as I know,a) permit andi Idol have insurance forasmall clothing rack that was on a diagram thatl gave to the City a number ofy years ago. Ihaven'theard: any remarks why the brick would be all ofa sudden offl limits. It's out oft the sidewalk, the) pedestrian walkway. It definitely helps business; itl brings people in;l make sales from the rack. Some of us shops are open later andi it's just an extra' "hey we're open" and all oft that benefits the City due to the sales tax that we collect on our sales. So, would thinki it'si inj your best interest tol have us be successful as businesses. Going back to the new permit fee which! Idon'tunderstand whyi it would be $100; same reason Ijust mentioned- - it's all about us making money so the revenue can go! back to the City. Itj just doesn'tseem like this very small business friendly. I mean you: already took al bunch ofp parking which tol locals has made al huge deficit in shopping downtown. Some ofiti isj just objective; therei iss stills some parking farther away buti iti iss still deterred parking SO we're missing revenue that way. On that subject, other cities use a one-hour free on their city-pay lots which would also be: a great benefit for locals to shop downtown. Backt to the permit fee,youl know everythingis going up, why do we need an extra permit fee to go up too? Rent's gone up, utilities have gone up, cost of goodsl has gone up, labor's gone up. Ithink that covers everything. John' Taylor of1 171 W. Probart Street said Iam a little unnerved by all ofthe activity that! has been going on in the city sincet thej pandemic. The new parking situation took 20% of my parking spaces away from me: and myl business is down 20% for Christmas andIc don'tt thinkt that'sa a coincidence. Imean, we are a destination, buti if you can't parky when youg gett tot the destination, it'sar real problem. Ihad a customer Thanks fors your attention. Minutes- Brevard City Council Meeting- June 17,2024 Page 3of12 496 yesterdayt that got an! $85 ticket because shej parked in a pay toj playl lota and she didn't put her ticket on her dashboard, so they gave hera an $851 ticket even though shel had already paid the feet toj park there. So parkingi is a realj problem. Thisj just seems really nitpicky. Ihave been doingh business in downtown Brevard since 1982 and okay, itl has been af free-for-all. There are: somel liability issues, buti nobody's ever tripped over my soldiers that guard the doors outside. ButIhavel had seven people tripi in thel handicap parking zone that is right inf front of my door and three of them werel hospitalized, four oft them signed ar release and walked away. The latest one, Isent pictures to thel Mayor's office ands she was banged up really bad. She should have gone to thel hospital but she didn't. The traffic) problem, it's a cutout to allow handicapped people to get out on the street level and then go up ar ramp to thes sidewalk, but people don't pay attention to the cutout and they just step right off ofit. Dick Berg whol I playt tennis withl brokel his elbow there when he was just out fora walk. There's onlyf five feet there now because oft that cutout, so that kind ofe eliminates whatl Ican do on mys street because there isn't enough room to put anything outside. It'sreallyl kind ofa problem. I don't abuse the outside stuff; Ic don'tt take up the wholes sidewalk, butl Iwould like for my little soldiersto Doug Miller said my wife and Iown Newfound. Artisan in the Heart of! Brevard. We arel located on' W.J Jordan Street. Iam here today because our: side of] Jordan will definitely bei impacted byt the proposed sidewalk policy. Thej policy, as you know, states that! businesses locatedi in front of sidewalks lesst thans seven feeti in width are not allowed to take advantage oft the sidewalk in front oft their business. The new requirements specifically exclude using thel brick utility strip when measuring the sidewalk width even when there is nothing placed in thes strip. So, essentially whati itis saying ist thatt thel brick oft thes sidewalk is not thes sidewalk. The proposed policy also states thatt there must! be fivef feet of unobstructed space at all times, but there are places on Jordan Street where there aren'te even five feet of sidewalk concrete space. It's justi nott that wide. So, by adoptingt these proposed standards, you will actually havea city-owned: street and a city-owned sidewalk that's not upt to your own standards. So, willy youl be widening thes sidewalk or maybe reconsider using the brick utility strip that isa already there that] people actually use ap parto of the sidewalk, at least on our part of town; maybe not on Broad Street, but on Jordan Streeti it'st the sidewalk, it's thel brick andj people usei it. The actuali impact oft thisi is that three businesses on' West Jordan Street willl have to remove planters and! benches in front of our businesses. Our benches are notj just reserved for customers, they are available for anyone to use them and they arei indeed often used by members oft the public. We've putt them outi in front ofours shop because there is not as single public! bench on' West) Jordan Street. The only benches on West) Jordan Street are those provided byb businesses like ours. On Main Street between Caldwell and Broad there are ten public benches plus alley dininga and high-top tables and chairs with umbrellas. On Main! Street between Broad and Gaston there are twelve public benches plus additional seating in the alley andl high-tops with chairs and umbrellas; and on Broad Street between Main and) Jordan Street there are: six public benches. That's 28 public benches, not: a single one on Jordan Street. We're asking thatt this policy gets sent back to committee for additional refinement. Brevard is as small community; it's possible to create a more nuanced policy that doesn'taffect one street sol heavily. We would also urge the City to consider providing West Jordan Street, home tot two businesses that were recently featured in the) June 2024 issue of Southern Living in an article about spendinga a great weekend inl Brevard, with more support wheni it comes toj public benches, signage, and general upkeep. All of us who own businesses and everyone who enjoys walking around would definitely appreciate that. I can also sayl don'thave: al PowerPoint to bringa al bunch of pictures and things like that. Ihave pictures whenl Iwasi in Silva recently andt they certainly allow sidewalk dining there. I'mi not sure ift theyj just turn a blind eyet to it, but Iate outside ata a very! lovely restaurant on the sidewalk. Ithink there isa al lot more to consider. Ithink there's proposals, there's policy and then there's thet reality. Thei reality is that we use the brick for sidewalk; we can calli it something else, buti iti ist the sidewalk. Thank you. PublicHearing Closed - Mayor Copelof closed thel hearing: at 6:16p.m. bea able tos stand outside. Thankj youf for letting me talk. Minutes - Brevard City Council Meeting- June 17,2024 Page 4of12 497 Mayor Copelofn noted that Staffis asking for a decision tonight and asked ifthere was ai motion regarding this item. Mr. Daniel moved, seconded by Mr. Baker to table thisi issue ands sendi itl back to the committee for further review until we come up witha During discussion Mr. Daniel said Iam on the Downtown Master Plan Committee and Ithinki itl became obvious almosti immediately after we voted unanimously to present this to City Council that many of us were having second thoughts. Ithink that our concerns are not only about the public input process, but also some of the issues that havel been raised today. Ithink that thisi is something we: need to address. Ifeel like we're close, butlc don'tt think wel have the plan that represents the City of Brevard as Mr. Baker agreed. He said Ithink we're not too far away, but given some conversations) Ihad this week and certainly what we've heard tonight, it sounds like this does needj just a little biti more time tol be more nuanced. We certainly need rules andI didn'thear anybody advocate for: zero rules downtown on this issue. Iwill also say that Ihave personally: seen downtown businesses utilize publici infrastructure for their own needs as al business and actually obstruct that public infrastructure from being used, whichIc don't thinki is something that anybody would argue should be allowed. Ifthere isa al bench for the public to use, its should be used as a bench; or iftherei is al bike rack downtown thati is for the publict to use, its should be used and open as al bike rack. So there are rules that we have tol have, but we're a small town. Wel have a great downtown organization int thel Heart of Brevard. Beingas small townl It think we can have realistic conversations about things like this and we don't have to get down in the weeds thats sometimes happens in bigger municipalities or even nationally. I've got some questions as well on thel brick utility strip and whyt that was recommended tol be excluded. Certainly there are: streets within the downtown that are different than Broad and Main Streets andi is a one-size-fits-all appropriate, or should the rules be nuanced enough to take thosei into account sot that certain businesses aren'timpacted more? Idon'tthink we'ret too far off; therei is al loti in this policy that lagree with, buta as we go forward thist needs al little bit more time anda also needs more communication before iti is voted oni in the public. I'll say that downtown has experienced: al lot of change in thej past 18t to 241 months. lam oft the opinion that that change is all overwhelmingly positive. Iknow there are people that might disagree with that. Ithink in thel long run certainly we'll bei in al better place, but as as small city we should be able to understand that we've asked a lot of change and we have asked al lot of our downtown businesses over a short period oft time. Sometimes that might require us to take a littlel break or make sure that when we're making additional changes that we fully communicate those. That's why I'm voting on thist the wayI lam tonight. Mr. Morrow said all good points. Ihave two others. Iwould like to thank you Emily for your presentation and for this staff-initiated movement. Let's make downtown safe andi meet our obligations to the general publici in al liability sort ofway. The other piece is because we don'thave two council members here, Ithinkitis appropriate tot tablei it until theyl have a chance to give theiri input. more nuanced plan. we envision it. Vote on the motion to table the: amendment and: sendi itl back to the committee 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. Morrow moved, seconded by Mr. Daniel to approve the consent agenda. The motion carried unanimously. was unanimously in favor. The motion carried. K-1. Tax Settlement Report- t-May,2024 K-2. Resolution of Support re Visual Architectural Standards Minutes- Brevard City Council Meeting- June 17,2024 Pages 5of12 498 RESOLUTION NO. 2024-27 RESOLUTION BYI BREVARD CITY COUNCIL ADOPTING ARCHITECTURAL VISUAL GUIDELINES WHEREAS, the City ofE Brevard recognizes thei importance ofa adopting architectural visual WHEREAS, thea architectural visual guidelines serves to express a desired stylistic character to WHEREAS, the 20300 Comprehensive Land Use Plan recommends evaluating the City'se existing built form and updatingi its architectural standardsi in whicha architectural visual guidelines mayi inform; WHEREAS, architectural visual guidelines mayi influence thee evolution ofthel Unified Development Ordinance depicting" "General to AIl" fori introducing universal buildingt typesi in Brevard, and variations ofbuilding typesi inu unique character areass such as Downtown, Lumberyard District, NOW' THEREFORE! BEI ITI RESOLVED, BY1 THE CITY COUNCILOF' THECITYOF BREVARD, Section 1.The City ofBrevard City Council hereby approves and adopts the Architectural Visual Section 2.TheA Architectural Visual Guidelines isa al best! practice, urban planning document. Section: 3.The Architectural Visual Guidelines may serve asac companion tot the Unified Section 4.5 Staffis hereby directed toj proceed with updating the architectural: standards ofthe guidelines fori identifyinga ando communicating building typology; and endure across years off future development; and and Pisgah Gateway US-64 Corridor and Rosenwald. Neighborhood. NORTH CAROLINA THAT: Guidelines. Development Ordinance. Unified Development Ordinance Adopted and approved this the 17th day of) June 2024. K-3. End ofl Fiscal Year Budget Amendments Attest: Denise Hodsdon, City Clerk s/Maureen Copelof, Mayor ORDINANCE NO. 2024-25 AN ORDINANCE AMENDING THEE FY2023-2024 BUDGET. BUDGET AMENDMENT NUMBER: 24-10 SUBIECT: Budget Amendment: atf fiscaly yeare end toi increase expenditures inv various departments byat total of$211,600 to cover budget overages. AGENDAJ INFORMATION Agendal Location: Department: Contact: BRIEESUMMARY: New Business Finance Deanl Luebbe, Assistant City! Manager and Financel Director Atf fiscal yeare end, actual City expenditures may note exceedi budgeted amounts at thec department level. Duringt the fiscaly year, general ledger accounts cang go over budget for a variety of reasons, including unforeseen costi increases forp products, unexpected events (higher thant normal maintenance. and repairi is one example), or budgeting errors! by staff. The following departments within theg government currently require budget: amendments toa assure that they are not overb budget at fiscal MOTION FOR CONSIDERATION: To approve Budget Amendment 24-10 as submitted, increasing the year end. Fund balancei isr nota affected by this budget amendment. budgeti ine expenditure account: 10-4100-4500 (Contracted: Serv Gov Board) 10-5000-0210 (Overtime- Building Grounds) 10-5000-1500 (MRI Buildings Building Grounds) 10-5550-3120 (MR- County' Veh Garage) 10-5600-1600 (MRE Equipment- - Streets) 10-5600-4500 (Contracteds Serv- Streets) 30-8140-1300 (Utilities- Water Dist) $5,000 $10,000 $10,000 $30,000 $10,000 $10,000 $15,000 Minutes Brevard City Council Meeting- June 17,2024 Page6 6of12 499 30-8140-3300(Dept: Supplies- Water Dist) 30-8280-1300 (Utilities- Wastewater Coll) 10-5100-1700 (MR Auto Police) 40-5300-1500 (MR- -Buildings) $25,000 $75,000 $15,000 $6,600 $211,600 $45,000 $30,000 $40,000 $75,000 $15,000 $6,600 $211,600 TOTAL Andi increasing the budget int the revenue account (or decreasing the budget ine expenditure: accounts): 10-3010-0423 (Current Year Ad ValTax) 10-3970-1100 (County Reimb MR) 30-3710-0200 (Charges for Service- Sewer) 30-8220-1300 (Utilities- Wastewater Treatment) 10-3600-0000 (Insurance Proceeds- Police) 40-3600-0000 (Insurance Proceeds Fire) TOTAL ATTACHMENTS: None. MANAESHEONMERDATON Approved: and adopted this 17thday of) June, 2024. Attest: Denise Hodsdon, City Clerk Adopt asp presented. s/Maureen Copelof, Mayor K-4. Establishing Facilities Improvements Capital Project ORDINANCE! NO. 2024-26 FORI FACILITYI IMPROVEMENTS CAPITAL PROJECT ORDINANCETO! ESTABLISH PROJECT BEI IT ORDAINED! by the City Council oft the City ofBrevard, North Carolina that pursuant to Section 13.2 ofChapter 159 oft the General Statutes of North Carolina, the following capital project ordinance isl hereby Section 1:The project will maker necessary improvements to City Hall, and the new Police facility at 132 Commerce Street. City Halli isi in need of one additional office space at this time, and the rented Police facilityi isi ini need of upgrades tor makei it more functional for the Police Department Section 2: The City has contracted with G& & M Construction Company, Weaverville, NC in the amounts of $145,166 for the Police Department facility at 132 Commerce Street. The City has contracted with Radar Contruction, Brevard, NCi in the amount of$ $36,347.09 for the work at City adopted: and the citizens ofthe City. Hall. Section 3: The following amounts area appropriated: for the project: Account Number 32-4400-4500 32-5100-4500 Account Name Contracted: Services Contracted: Services Budget Amount $40,000 $150,000 $190,000 TOTALI PROJECT APPROPRIATION Section 4: The following revenues are anticipated tob be available for projecte expenses: Account Number 32-3750-0000 Account Name Transfer from General Fund BudgetA Amount $190,000 $190,000 TOTALE PROJECT REVENUE contractual agreements, ifapplicable. 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 Minutes- Brevard City Council Meeting june 17, 2024 Page7of12 500 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 shall 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 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 be furnished tot the City Clerk, Finance Director and and orderly and timely manner. ofe each project element in 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 17th day ofj June, 2024. Attest: Denise Hodsdon, City Clerk s/Maureen Copelof, Mayor ORDINANCE NO. 2024-27 ANC ORDINANCE. AMENDING THEI FY2023-2024 BUDGET. BUDGET AMENDMENT NUMBER: 24-11 SUBIECT: Budget Amendment transferring funds for building improvements at City Hall and 132 Commerce! Street. AGENDAINEORMATION Agendal Location: Department: Contact: BRIEES SUMMARY: New Business Finance Dean Luebbe, Assistant City Manager and Finance Director This budget amendment isi in conjunction with the establishment oft the Facilities Improvement Capital Project,i involving work tob bec conducted: at City Hall and 132 Commerce Street. City Halli isi ini need ofa additional offices space, and the Police Department isi int thep process of relocating to1 132 Commerce: Street, ast their officesi int thel lowerl level of City Halll have had mold and mildew issues, andi have not! provided adequate office space for thel Police Department. MOTION FOR CONSIDERATION: To approve Budget Amendment 24-11 as submitted, increasing the budgeti ine expenditure account: 10-6600-9267 (Transfer to GCPF- Facilities Improvements) And decreasingt the! budgeti ine expenditure account: 10-5100-0200 (Salaries Regular) ATTACHMENTS: None. MANMACEIBECONUERDATON: Approved and adopted this 17thday of] June, 2024. Attest: Denise Hodsdon, City Clerk $190,000 $190,000 TOTAL $190,000 $190,000 TOTAL Adopta as presented. s/Maureen Copelof, Mayor K-5.Council Rosenwald Community Advisory Board Minutes - March 21, 2024 K-6. Council Housing Committee Minutes- - April 9,2024 K-7. Council Finance, Human Resources & Citizen Appointment Committee K-8. Council Public' Works & Utilities Committee Minutes May 1,2024 Minutes- - April 22,2024 Minutes- - Brevard City Council Meeting- June 17,2024 Page 8of12 501 K-9. Council Downtown Master Plan Committee Minutes- - May 8, 2024 K-10. Ordinance Declaring Road Closures for Special Event-2024 National Night Out ORDINANCEI NO. 2024-28 AN ORDINANCEI DECLARING, Al ROAD CLOSURE FOR THE 2024 NATIONAL NIGHT OUT EVENT WHEREAS, Brevard City Council acknowledges at tradition ofp providing for festivals and special WHEREAS, Brevard City Council acknowledges that festivals and speciale events provide an WHEREAS, Brevard City Council acknowledges these events require NCDOT: system roadst tol be NOW, THEREFORE, BEI IT ORDAINED! BYTHEC CITY COUNCIL OF THE CITYOFE BREVARD, SECTION1 1. Pursuant to authority granted! by G.S. 20-169, the City of Brevard hereby declares thef following temporary road closure duringt the day and time set forth below on the following described events downtown for the pleasure ande enjoyment of citizens and visitors alike; and, opportunity for family-oriented: activities that celebrate ours small-town charm; and, closed fors setup, activities, and cleanup; and, NORTH CAROLINA1 THAT: portion ofas Statel Highway System route: Date: Time: adoption. Tuesday, August 6, 2024 4:00F PM -1 10:00F PM Route! Description: East Main Street (U.S.276) from Broad Street to] Johnson! Street SECTION:2. This ordinance shalll bei inf full force ande effectf from and after the date ofits Adopted and approved thist the 17hh day ofj June 2024. L. Unfinished Business- - None. M. New Business Attest: Denisel Hodsdon, City Clerk s/Maureen Copelof, Mayor M-1. Approval of Purchasing Policy- - Mr. Luebbe explained that local governments are required byl lawt to abide by purchasing and contracting guidelines and thresholds when it comest toj purchasing goods and services. In addition to the NC General Statutory provisions pertaining tol local governmental purchasing, the City should also havei its own local purchasing policy to establish guidelines for the expenditure off funds used to procure goods and services by City departments. The Finance, Human Resources and Citizen Appointment Committee has recommended approval ofthe proposed policy, whichi includes stricter thresholds than thel limits set bys statute. Mr. Luebbe reviewed the major differences in the thresholds set forthi in the Formal bids will be required for purchases of $75,000 and construction-type Informal bids willl be required for purchases over $25,0001 but less than $75,000, and construction-type services over $30,000 but less than $250,000 Purchases in the formal range require the: approval of the City Council. Alternatively, City Council may delegate this authority to the City! Manager fore each fiscal year, with the delegated authority expiring at the end oft that fiscal year. Construction-type services in thef formal bid range must be approved by City Council Mr. Daniel moved, seconded byl Mr. Morrow to approve the Purchasing Policy. During discussion, Mr. Baker noted thati in Section 2.10.C. City Manager Authority, it states that whenever the City Manager deviates from any part oft the purchasing policy City's proposed policy compared to thes statutory limits: services over $250,000 and cannot be delegated. Minutes Brevard City Council Meeting- June1 17,2 2024 Page 9of12 502 the City Council willl be notified in a "timely manner" and suggested changingt that toa more specific timeframe. Mr. Wilson suggested amending itto" "at orl before the next Council meeting". Mr. Daniel amended! his motion toi include that amendment and Mr. Morrow agreed with the amended motion. Vote on the motion to approve the Purchasing Policy as amended was 3-0. The motion carried. RESOLUTIONI NO. 2024-28 ARESOLUTION ADOPTING THE CITY OF BREVARDI PURCHASING POLICY WHEREAS, itist the policy oft the City ofE Brevard to maintain ar responsible procurement process that obtainst the besta apparatus, supplies, materials, equipment, and services att thel best price and in WHEREAS, Staff! has drafteda al Purchasing Policye establishing guidelines for thee expenditure of WHEREAS, the City Council! Finance, Human Resources and Citizen Appointment Committeel has NOW,THEREFORE, BEI ITE RESOLVED! BYTHE CITY COUNCIL OF THE CITYOFI BREVARD, Section 1. The City ofE Brevard Purchasing Policy attached hereto and presented to City Council Section 2.7 The City ofE Brevard Purchasing Policys shall become effective on) July 1,2024. compliance with alla applicablel laws; and funds used top procure, goods ands servicesl by City departments; and reviewed the draft Purchasing Policy: andi recommends: approval. NORTH CAROLINA' THAT: ati its] June 17,20241 meetingi ish hereby adopted. Adopted and approved this the 17th dayo of] June 2024. Attest: Denise Hodsdon, City Clerk s/Maureen Copelof, Mayor M-2. Approval of Scope ofWork for Wastewater Treatment Plant-H KCI Associates ofl NC-Mr. Hooper explained that the Public Works and Utilities Committee (PWC) conducted: a comprehensive qualifications-based selection for al PER engineering firm to give us a recommendation on what type of wastewater treatment plant upgrade or replacement" we should pursue. Thel PWCi interviewed four firms, and follow-up interviews with two finalists and selected the firm KCI asi its finalist. The PWC instructed Mr. Hooper tol begin negotiating: a scope ofv work with KCI. After review and discussion ati its) June 5,2 20241 meeting, thel PWCI referred the scope of work tot the full Council for approval. The total cost oft this project is estimated tol be about $352,000 and once the scope ofworki is approved by Council, our firsts step willl be to go to the State and applyt to use: some of our $13M earmark fort this purpose. Mr. Morrow moved, seconded by Mr. Daniel to approve the scope ofv work andi resolution. The motion carried 3-0. RESOLUTION NO. 2024-29 RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT WITH KCI ASSOCIATES OF NORTH CAROLINAP.A. WHEREAS, the Cityo ofE Brevard is desirous to upgrade orr replacei its aging wastewater treatment WHEREAS, the Cityr released al Request for Qualifications tos solicit professional engineering firms tor makep projections as tot the City's future wastewater needs and make ar recommendation: ast tov which WHEREAS, afteri interviewing qualified firms thel Public Worksa and Utilities Committee chose WHEREAS, the City! Manager and KCII have negotiated the terms ofa ana agreement that each deem WHEREAS, the Public Works: and Utilities Committee endorsed the agreement attached hereto at plant; and type ofu upgrade, enhancements, orr replacements are needed; and KCIa asi its preferred firm andi instructed the City! Manager tol begin negotiations; and tob ber mutually beneficial; and its) June 5,20241 meeting. Minutes - Brevard City Council Meeting- June 17, 2024 Page 10of12 503 NOW' THEREFOREI BEI IT RESOLVED, BY1 THE CITY COUNCIL OF THE CITY OF BREVARD, Section 1. Thes scoped ofv worka attached hereto andj presented to the City Council ati its) June 17, Section 2. The Cityl Manager or his designeei isa authorized tor make minor: adjustment as needed and execute this document andt the: associated contract ont the City's behalf; and Section: 3. This resolution: shall bee effective upon adoption. Adopted and approved this the 17th dayo of) June, 2024. NORTHO CAROLINA THAT: 2024r meetinga arel hereby endorsed; and Attest: Denise Hodsdon, City Clerk s/Maureen Copelof, Mayor M-3. Appointments to ABCI Board -1 The. ABC Board has two upcoming vacancies for terms: set to expirei inj July 2024. As Vice-Chair of thel Finance, Human Resources and Citizen. Appointment Committee Mr. Daniel reported that the committee discussed this afterh hearing from Staff that the ABC Boardi is under a transition period and that the city should exercise increased oversight over thel board during this period. The committee's recommendation was to forego the public recruitment process and appoint Susan Miller and the City Manager to that board. Mr. Baker moved, seconded During discussion, Mr. Morrow said think thei intention here is okay, but the ABCI Board has always been a totally separate board with their own auditors, personnel policy, etc. and Iquestion whether we want thel linkage directly to the City Manager. He also objected to the exclusion of other public candidates that might liket to apply. This is not the first time where they had ani issue. They got city support andi in that case we extended the term oft the current leadership until thei issue was resolved, with the help ofthe attorney: andt the city manager, not necessarily on the board. Mr. Daniel recommended; postponing vote on this until the full Council was present. Following further discussion, Mr. Baker withdrew! hist motion. Mr. Morrow moved, seconded by Mr. Daniel to extend the terms of the current board members through Septemberand advertise the positions per our standard procedures and then bring! back to Council for another vote. Thei motion carried 3-0. Mr. Baker requested more information about the ABCI Board, their relationship with the City, and their particular period oftransition by Mr. Daniel to approve the resolution as presented. before this comes back to Council for vote. N. Remarks/Future Agenda Considerations. Mr. Daniel said ify you didn'tgot to the festival at Silversteen celebrating Juneteenth, you missedi it. Itv was great; it was good food, good music, and good company. Kudos to' Tyree and the Mary C.) Jenkins board for putting on an excellent Mr. Bakers said I drove byt the" Terminix on Rosman Highway and noticed their lovely new: sidewalk that serves absolutely noj public purpose whatsoever: and probably won't for thei next 25 years. Iknowl Ihave brought it up before, and maybe Staffis investigating it, butlhaven'tg gotten a clear answer whether we are legal to require af fee inl lieu rather than build as sidewalk. Iwould love an: answer on that definitively as we Mr. Hooper yielded his timet to Chief Cooper and asked him to share some news about certification that members oft the Brevard Fire Department recently received. Chief Cooper reported that al few weeks ago the Fire Department receiveda a recertification of our heavy rescue certification. In 2014 we went through the process to get our heavy rescue certification through thel North Carolina Association of Rescue and EMS. Theyl look at your policies and procedures and they do an inspection ofyour equipment. We were hoping toj push this off until our new rescue truck came in. We did do the finali inspection on our new rescue truckl last week. There'sa little bit more workt to do, but hopefully we'lll have thet truckl heres sometime next month. But we did event. Itv was fun and 16 enjoyed myself. Thank you. go forward. Minutes Brevard City Council Meeting- June 17, 2024 Page 11of12 504 get the recertification inspection done last month and theyl looked ata all the equipment, certifications and policies and procedures. Itisa aj pretty thorough inspection process and they renewi ite every fivey years. Thisi ist the: second time we have gone through Mayor Copelofs said Juneteenth was great and Ithinky your missed the best party of they yeari ifyou didn'tg go. Ithink everybody had a greatt time. AL bigt thank you to the Mary C. Jenkins Board of Directors who puta al lot oft time and efforti into organizing it. Thank you to' Tyree greatj job. Iknow thel kidsl loved the ice cream truck. Ithink the displays andi information inside thel MCJCCC were superb in terms ofhelping people understand what) Juneteenth is all about. It was a fun, but also educational day and when you can combine those two, that'sal big win, Justa a heads up, we dol have another celebration coming upi in conjunction with our Veterans Museum and the County. On June 25th we are going tol be celebrating Korean' War Remembrance Day. The Korean War: started on) June 25th in 1950 when North Korea invaded the South. The celebration willl be at 2:00 pm on] June 25th att the Brevard College Ingram Auditorium. We willl be honoring some ofo our Korean' War veterans and alsol be celebrating with some of the Korean community thati is coming with some Korean dances and food. Itisaf free event andIinvite everyone to attend. Tonight, and at our last meeting, you saw City Council makes significant progress on two absolutely critical and important, buta also big complicated andl hardi issues. Wej put under contract moving forward on our new wastewater treatment plant, something thati is absolutely vital to going forward and to gett that engineering started. Last meeting, we: approved thel lease on the affordable housing project with thel Presbyterian Church. Ifthere are two things that this community really is facing, that wel have got tot tackle over the next few years, it's makings sure thatt that criticali infrastructure is inj place and also making sure that we deal with that criticall lack ofa affordable housing. We made significant progress on both oft those andl I want to commend City Council and Stafff for moving forward in sucha recertification. great wayt to move our community forward. 0. Closed Session - None. P.A Adjourn - There being no further business, at 7:13 p.m. Mr. Baker moved, seconded by! Mr. Daniel, to adjourn the meeting. The motion carried unanimously. Denidlodsin Denise Hodsdon, CMC City Clerk Pg Maureen Mayor Minutes Approved: August5.2024 Minutes- - Brevard City Council Meeting- June 17, 2024 Page 120f12 BREVARD NORTHCAROLNA Sidewalk Usage Public Hearing City Council June17,2024 Rationale / Background N.C.G.S. 160A-296 imposes upon cities the duty to keep public streets and sidewalks NCI League of Municipalities (NCLM), the City'si insurance provider, advised Staff that in Alli items placed int thep public rights-of-way must have ane encroachment, / hold! harmless agreement Alli items placed in the public rights-of-way must have insurance naming the City as ana additional City must proactively monitor items and take enforcement actions, when necessary open for travel and free from unnecessary obstructions. order to be adequate covered: insured BREVARD PLANNING DEPARTMENTI2 How did we get here? 2020 City permitted usage of sidewalk by businesses in response to COVID-19 pandemic Citys signed Sidewalk Dining Agreement with NCDOT to permit sidewalk dining on Staff consulted with Downtown Master Plan to amend the sidewalk usage ordinance City Council approved text amendment to expand regular usage of public space Main Street Improvement project adds additional public areas and amenities NCDOT rights-of-ways 2021 2023 City Council approved Downtown Social District BREVARD PLANNING1 DEPARTMENTI3 How did we get here? 2024 January 10th- City Staff shared ani introduction, /1 facilitated a discussion with the April 10th- Staff shared ai fully revised draft of the text amendment to the DTMP May gth. - Staff brought a revised draft of the text amendment to the DTMP Committee June 12th-S Staff brought a revised draft of the text amendment to the DTMP Committee, and they unanimouslyr recommended in favor ofa approval Downtown Master Plan (DTMP) Committee Committee BREVARD PLANNING DEPARTMENT 14 Text Amendment Goals Ensure at all items (e.g., merchandise, planters, furnishings) placed in the public rights- Ensure that the City is adequately protected in the event of an incident Ensure that items placed on the sidewalk do noti interfere with the flow of traffic Ensure that items placed in the rights-of-way do noti impede the use of public infrastructure, /amenities (bike racks, trash cans, seating, etc.) Reduce the burden on business owners by making it a one-time permit of-way have insurance BREVARD PLANNING! DEPARTMENTIS Sidewalk Usage Regulations - Current Permanent /Semi- Permanent Objects Regulatedin Codef for specificitems Sidewalk Dining Regulated by agreement with NCDOT & State law BREVARD A Frame Signs Regulatedin in the UDO, must getas signg permit Merchandise Nop permit ori insurance currently required PLANNING DEPARTMENTI6 Sidewalk Usage Regulations - Proposed MORE REA Sidewalk Dining Regulatedk by agreement with NCDOT &s State law Minor changes to allowable materials BREVARD A-Frame Signs Regulatedi in thel UDO, must get as sign permit Noc changes proposed Objects Placed on Sidewalks Permit, insurance and! hold harmless agreement where obstructions required! for aspace can! ber placed PLANNING DEPARTMENT 17 Approach for Sidewalk Obstructions Permitted spacei in front ofabusiness where objects may bep placed Minimum! feeto of unobstructed; paveds space (doesn't Include curb orb brick areas) Brick utility strip (reserved for public amenities andi infrastructure) STREET BREVARD PLANNING DEPARTMENTIB Sidewalk Obstructions Permit required fora a space Insurance required for a space $ $2,000,0001 liability coverage Must bei immediately adjacent tol business Must have! 5ft of unobstructed sidewalk for Cannot obstructi firel lane, driveways, alleyways, building entrances, utility access, firel hydrants, ADA ramps, etc. Cannot bei in the bricked area* Merchandise still needs tol ber removed at the end of every business day, but furnishings can ocVr Placement pedestrians remain BREVARD Other Municipalities Asheville- -= Merchandise and Sidewalk Dining $ $1,000,000 minimum liability coverage Waymesill-Mer.handse and Sidewalk Dining Only permitted on sidewalks greater than 10 feet in width Must have 71 feet of clearance Insurance required (amount not specified) Lenoir- - Sidewalk Dining Only $ $1,000,000 minimum liability coverage Wake Forest - Merchandise and Sidewalk Dining $1,000,000 minimum liability coverage (general) $3,000,000 minimum liability coverage (sidewalk dining) Sylva-1 Temporary Only Not allowed unless part ofat temporary sidewalk: sale $100,000liability insurance Black Mountain = None Hickory- None BREVARD PLANNING DEPARTMENT! 10 Policy Analysis Downtown Master Plan (2021): Enhance mobility, accessibility, and safety in Downtown Create an attractive and engaging pedestrian experience Building Brevard 2030 Comprehensive Land Use Plan (2023) Prioritize pedestrians in Downtown and Major Activity Center Create a built environment that prioritizes a safe, active, multi-modal transportation Brevard Pedestrian and Bicycle Plan (2023): Create safer conditions for walking and biking BREVARD IORTHCAROINA NCLM PLANNINGI DEPARTMENTI 111 Statement from NCLM "Displays that are impeding pedestrian traffic, or creating slip/trip/fall hazards, may result ina a liability claim in the event of ani incident. Iti is important to establish clear guidelines for sidewalk displays and ensure vendors have liability coverage ifa a claim arises. Iti is also advisable to have al Hold Harmless Agreement releasing Brevard of any liability resulting from damage to the vendors' display, or any incident caused by the display, Vendor sidewalk displays are a common practice and create an inviting shopping atmosphere for the public. Iti is justi important that displays are done safely." since Brevard is not creating the hazard. Amy Whisnant, Risk Control Consultant NCLM NCLEAGUEC OFMUNICIPALITIES BREVARD PLANNINGI DEPARTMENT 112 Next Steps Ifp passed tonight, Staff will take the following steps over the summer: Inventory objects on streets (Downtown Hold public information sessions with Contact business owners that have objects, identify whether or not they comply, and facilitate permitting and beyond) businesses BREVARD Paint Sidewalk 7ft wide Permitted: space extending 2feet from the wall Sftofu unobstructed pedestrians space BREVARD PLANNING DEPARTMENT 14 BAKER A Restaurant that does not have sidewalk diningo can get permit for tables A-Frame Sign int the Brick Area BREVARD PLANNING DEPARTMENT 115 CLEHOCN Items fully behind the wall /fronto do not needa aj permit because itis noti in the right-of-way. Business owneri is liable. BREVARD PLANNING DEPARTMENT 116