565  MINUTES BREVARD CITY COUNCIL Regular Meeting Oaher21.,024-530PM  The Brevard City Council met ini regular session on Monday, October 21, 2024, at Present- Mayor Maureen Copelof, Mayor Pro Tem Gary Daniel, and Council Staff Present- - City Attorney! Mackl McKeller, City Manager Wilson Hooper, City Clerk Denise Hodsdon, Assistant City Manager/Finance Director Dean Luebbe, Assistant City Manager David Todd, Assistant Planningl Director Aaron Bland, Senior Planner Emily Brewer, Planner Stephanie Holland, Human Resources Director Kelley Craig, Communications Coordinator Becky McCann, Police ChiefTom Jordan, Fire Chief Bobby Cooper, Water Treatment Plant ORCI Dennis Richardson, Wastewater' Treatment Plant  5:30 p.m. in the Council Chambers of City Hall with Mayor Copelof presiding. Members Macl Morrow, Aaron Baker, Pamela Holder, and Lauren Wise  ORC Emory Owen, and Community Center Director Tyree Griffin  Press - Jonl Rich, Transylvania Times; Dan DeWitt, Brevard NewsBeat A. Welcome and Call to Order Mayor Copelof called thei meeting to order B. Invocation - Pastor Kenneth Albright ofLutheran Church ofthe Good C. Pledge of Allegiance - Mayor Copelofled thej pledge of allegiance. D. Certification of Quorum - City Clerk Denise Hodsdon certified thata E. Approval of Agenda - Mr. Hooper noted that the Closed Session Item 0-2 Potential Litigation should be removed from the agenda, and that there are two Closed Session Pending Litigation matters. Mr. Morrow moved, seconded by Ms. Holder to approve the agenda as presented. The motion carried unanimously.  and welcomed those present. Shepherd offered ani invocation.  quorum was present.  F. Approval ofl Minutes  F-1. October 8, 2024 Regular Meeting - Ms. Holder moved, seconded by Mr. Wiset to approve ther minutes oft the October 8, 2024 Regular Meeting as presented. The  motion carried unanimously. G. Public Comments  Paulal Hartman-Stein of 249 Pinel Mountain' Trail said Iam speaking as the Community Coordinator for Age-Friendly! Brevard andi its programming. She saidI want everyone tol know abouta a project wel began al few weeks ago. Ihave arranged for at total ofr nine community support groups that are open to adults of all ages and we have had two so far. They are onl Monday mornings from 9t to 11 and they are donei in conjunction witht the nursingi program of Blue Ridge Community College, sol Ialways have a group of nurses present. Our first meeting was a week ago and wel had a larger than average group of31 people ranging in age from 19 to 86. Today we had a total of 13j people. The reason Iwanted to say thisi ist that thej psychological: and emotional impact ofhurricanes can be profound, even for people who haven't had their own property destroyed. Social: supportand community cohesion playi important roles in buffering this emotional toll ofo disasters like hurricanes, and communities that come together, share resources, and provide emotional support report lower levels of distress compared to those with weaker social networks. The support groups do not treat mental health disorders; they are not] providingi individual psychotherapy or    566  spiritual-based counselling. There are resources for that, and Iam personally compiling alist. Thei next meeting willl be on October 28th at thel Mary C.) Jenkins Center. Ihave extended them through mid-December: and those willl bel held att the Blue Ridge  Community College campus in Brevard.  Nadial Paz of 451 Duck's Drive spoke through interpreter Yesica Miranda. She said Ilivei in Duck's' Trailer Park, andl Iwould like to mention that this hurricane affected us a lot. Thej parkingl lot looks very empty because not everybodyi is able to come backt to their houses. Iheard there was a situation regarding thel building permits, maybe because some people didn'ta ask for ther right permissions, or people didn'tg get the permissions. One thingt thatl Idid: seei isIsawa al lot of people volunteeringi from their heart wanting tol help thes small community of Duck's Trailer Park. In a situation like this where everybody wasi ins shock, we accepted all this helpl because we need it. The lastt thing we thought about was asking for permits. We wanted to get our houses built again. We didn'tthink ofa all the protocol. We accepted the help! because, in that parking lot wel have people whol haves small children and babies there and we just needed the help. NowIseet thatt the volunteers are no longer there, andl want tol know was it because we didn'thave this permit? People were notj just remodeling their houses because they wanted to; people were doing this! because it was an emergency situation, and we want tol know whati iss stopping us from remodeling our houses for an  emergency.  Yesica Miranda, Executivel Director of] EI Centro Comunitario Brevard said today Iam talking on behalf of the families that live in Duck's' Trailer Park. Whenlf found out about these families and their situations, the first thingl thought was how can Ihelp them. Iwent out to their trailers and started looking: at the conditions where they were staying. People were: sleepingi in mattresses full of mold; there was water; some ofthe houses the water went upt to the windows, but they were still staying there because that is their place. Al lot oft these people bought theirt trailers years ago. They! havel been working on theirt trailers; they are putting new stuffi in thet trailers; and Iknow they want to fixt the trailers to make them livable for themselves and their children. Iknow that wel have this] problem with thef flooding zone and Iknow that there are new requirements, butI Ialso know thatt these people are willing to go by those requirements. Wej just need time. Ifyoug guys give them time to rebuild their houses as theya are right now, they willl lift up those trailers. They are not going to say no we don't want to doi ita anymore. Trust me, Iknow these families andt these families have worked for manys years. They cannot go to al bank and ask for al loanl like everybody because of different situations, butIcant telly yout that these families will comply withy you guys. They willl lift the trailers once they have the money to doi it. At El Centro we have been raising: al lot of money tol help them rebuild. Wel have materials and we have contractors willing tos spend thet time there. We've had electricians; we've had plumbers; we' ve had everything. The only thingy we didn'thave was thinking about getting those permits to continue rebuildingt thet trailers. Right now wel have about 15 Hispanic families that I'm working with and we're sending them to different places tos stay. Some people are staying: att the Brevard Music Center, some are staying at vacation rentals. Ihave been paying $3500: ar month forf families to stay for one month in a vacation rental when! Ican use that money to purchase materials andi make these things faster and fora a longer term. Today Iam talking on behalf oft them, but I lam also talking on behalf of EI Centro. We wanta aj place for these families. They want tol have a safe place for their children, butt this was ane emergency: and they're not doingt this just tol have a nicer place, they're doingi itl becausei it needs tol happen, but we willl help them get the trailers liftedi ifyou Blanca Rojas of 66 Duck's Drive said Iam also a resident oft the Duckworth Mobile Homel Park. Iam a singler mom, and Ihave: a 16-year oldt that lives with me. That is our concern - whati is thei nexts step for us to do the work that we needi in our home, because we work, we have children and we also havel bills to pay, lot rent toj pay and the concerni is are we going tol be able to fix our homes or do we need to wait for you guys tor makea a decision on what'st the nexts step to follow. More than anything is that we all losts something. Somel lost more than others, but we alll lost something. For example,I lost my car and had to purchase ar new one because! Ineed to move around to do myj job.  guys give us some timet to do that.  Minutes- Brevard City Council! Meeting October 21,2024  Page 2of14    567  Ofcourse, one of thet thingsi is thatI Ihave lived there for 14 years, and Ihave never: seen something liket thise ever happen. Wel havel been flooded before, but this one isar massive one. Like they said, it was an emergency to get people in there and help thef families, but we're concerned; whati is going tol happen to all of us, especially those of us that were: affected the most. When are we going to hear what's next- to go ahead andi move forward ors start looking for another place. It's justa a waiting period; how long before we actually hears something concrete and forward so we can start moving around and see what'sl best for all of us, because it's notj just one family, it's quite a few. Natalia Vega of 65 Duck's Drive spoket through interpreter Yesica Miranda. She said Iaml here tos speak for me and onl behalfo of my children. We'vel been livingi in the house foral long time, and Iam askingyou to please help us. Ihave two children; al baby and al littlel boyt that has autism and Ineed help. Ineed you toj put your hands on your heart to give us permission so that myl husband can rebuild everything again, because wel lost everything. My son, itl hit him reallyl hard because he didn'tunderstand what happened withl hist toys, he didn'ti understand whatl happened withl his bed, he didn't understand what happened witht this stuff. Ineed help because right now I'm staying at av vacation rental, and Ineed tol be out oft there by next week. Ineed you guys to give permission so that my husband can move quickly and continue remodeling! because there arei no houses. Ihave searched for houses and Ihave not found any houses. Ana Gospas spoke through interpreter Yesica Miranda. Shes said our Hispanic community has been very affected and my hearti is full from all the volunteers that were willing to help us and are willing tol help us. And, now everything is on hold. We don't know whati is goingt tol happen; we don'tknow what we're going to do. And so, things with thej permits, things with the protocol that we didn'tfollow, things are getting complicated even more. Please think about our community andl know that we need Emiliano Paz of 451 Duck's Drive said Iam ai resident of Duck's Drive as well. I have lived there for closet to 20 years now. Iunderstand that in ordert to do thingsi in this world youl have to follow protocol, whether that's ataj job or everyday life, but when this hurricane hit ita affected everyone. When the waters and the wind rushed ini it didn'tl look fora a permit, it didn't care what language yous spoke, what financial status you were in;i ith hit us all. We see the destruction in Chimney Rock, Bat Cave, Lake Lure, Asheville, Hendersonville. It was at tragedy. Nobody expected this; maybe thel last time something like thisl hit us was al hundred years agoi in 1916. What really Ithink touched al lot of people's! heartsi in this community was thef fact that volunteers from all over the country, all over the areas around us, came tol help us and they didi ito out ofaf feeling of comradery: and they didi it without asking anything in return. They brought materials, they came tol help, they did anything that these families needed. Again,lunderstand there are protocols to follow, but we couldn't wait three to four weeks, we needed to rebuild soon. There are families out there that havel babies, winter is coming andi it's getting cold, and with everything that we lost, thel last thing on our minds was whati is the protocol. Because what would be thej protocol? This was al natural disaster. We didn'texpect this and to me these families are getting help. Ifwe can't get things working or the permits can't come in and people can't get help, we are: at risk ofl losing houses and right now wel know that all over the country therei is al housing shortage. Where would these people go? These people contribute to the community, they work with us, they work: around us, the children got to our schools, it'sal big part oft the community: andi it would be: a very terrible extension oft the tragedy ifthese people were forced to movea away from where they settled and put roots down, and where they and their children calll home. Iwould likes you guys tol keepi iti in mind. Iunderstand that we're still coming offt the effects of thes storm, buti ifyou could findi iti inj your hearts to...I don'tknow what could be done, but understand that these people came tol help us out of thel kindness oft their! hearts and we are very deeply moved and we are touched by what they did and we welcomed themi in without: a second thought ofv what the right protocol Ehrow Draegen of272 Delphia Drive said I don't think! IC can say anything more clear than what the gentleman just said, butI Ispeak on behalf of! being al board member  morel help.  was.  Minutes Brevard City Council Meeting- October 21,2 2024  Page3of14    568  ofEIC Centro. Ihave beeni in a place ofs survivor's guilt since' Thursday afternoon, seeing that the disparity! between some ofu us of what we experienced through thist time. Never more wast that so apparent as helping at the distribution center atl EI Centro and also seeing the amazing capacity andl huge hearts of our community wanting to come in and assist each other and! help out. Our amazing director Yesical Miranda has been able to get funds andi resources to al lot oft these families but now we arel kind ofina al holding zone where: all of us that! have thesel big! hearts, that want tol help the people that are further affected, are atas standstill, and that we: see that that's kind ofa displacement in thes separation of our Latino community. Iaskt thati instead of,I know wel have the protocols, wel have thel FEMA: and flood: zones, buti instead ofas scarcity mentality, ifwe couldj justl looka att that trust and support that there are folks that we have the resources, we havet thel helpers, there are no other placest tol build or rebuild and that we actually trust each other, that we know that we'rel here and we will conform. But, as Ms. Yesica said we need thet time, we need the ability, and we need the permission. Jiml Hannen spoke through interpreter Yesical Miranda. He said Iam the) park owner and I'mr not going tos saya anything different and certainly not anything better than what! has already been saidl by myt tenants. These are resilient people. Iwas notified byl Mr. McKeller..last weekl Ispoke tol him and he went over some things that the Cityi isl looking at. The timeframel Iunderstand iss somewhat negotiable; the City does have some discretion ast tol how long. Iwould ask oft the City to let me know as soon as] possible. Iwould let' Yesica know to then spread around the parkt those hoops we need toj jump through; we're ready. To everyone who has helped outi in this situation, whol has come out there toj pound a nail, tol bring food and provisions, and to thej people thata are. listening, I thankj you from thel bottom ofr myl heart.  H. Certificates/Awards/Recognition -N None.  I. Special Presentations  I-1. Update re' Tropical Storm Helene Response and Recovery- - Mr. Hooper and Department! Heads gave aj presentation on Brevard's preparation fora and response to' Tropical Storm Helene. The reportincluded each department's staffing, equipment and operational preparations prior tot the: storm; the number and types of calls received byl Brevard Fire: and Police Departments, and challenges faced and subsequent: steps taken byt the Public Works, Water Treatment, Wastewater Treatment, and Communications Departments. Immediate aftermath includedac damage assessment of City equipment and facilities; and an overview ofi initial recovery services, such as substantial damage determinations performed by the Planning Department, supply distribution, ands sanitation collections, provided to residents in the wake ofl Helene. A copy oft thel PowerPoint presentationi is attached. Mr. Hooper also expressed thanks to our County colleagues for allt thatt they did. He noted thate emergency management: isa County function, and they were thel lead agency for thel Helene response. Mayor Copelof added that as we finished thei initial emergency response, we started shifting to recovery and the focusi is on people how did this impact our community andl how do we help displaced families. She reported that there are' 74 residential homes in' Transylvania County that have: substantial damage and 58 oft those arei in the city. Arrangements were made to temporarily move some families to Brevard Music Center and El Centro andl local faith groups paid to move some families into hotels. The City, the County and non-profit partners Housing Assistance Corporation, Habitat for Humanity and Sharing House worked together to create one centrall list of how many people need! housing ands starti matching them upt to availablel housing. Amy Fisher ofl Fisher Realty volunteeredl hert time to create a database where people who need housing, as well as people who have available housing can register. Our faith organizations: and non-profits haves set up special donations toj provide financial assistance tol help families with rent. Shes said we are working with FEMA, but we don't have any! FEMA trailersi immediately coming, so we: started looking fors short-term rentals and are nowi in thej process oflooking for RV's. She encouraged anyone with any type ofl housing available to register on the database at whouangasismccon  Minutes- Brevard City Council Meeting- October21,2024  Page4of14    569  wn At7:03 PMI Mayor Copelof called fora a ten-minute break w  J. Public Hearing(s)  J-1. Proposed Amendments to City of Brevard Code of Ordinances Chapter 1,46, and 62-Sidewalk Usage Policy. - Emily Brewer explained that this isas staff- initiated text amendment to ensure that all the objects that are placed on our sidewalk in City or State rights-of-way havei insurance andi meet minimum separation requirements. North Carolina General Statutes $160A-296 states that cities have general authority and regulatory authority over all public sidewalks within its corporate limits. Itist thes stated duty ofa municipality tol keep the public sidewalks "open for travel and free from unnecessary obstructions." Thel North Carolina League of Municipalities (NCLM), the City'si insurance provider, advised Stafft that, in order to be adequately covered, all items placedi in thej public rights-of-way need to be permitted withi insurance naming the City as an additional insured and have an executed hold harmless agreement. Additionally, the City needs toj proactively monitor the: sidewalk encroachments and take enforcement actions to remedy violations when necessary. Thej proposed changes are aimed to reduce thel burden on business owners by making this a one-time permit. Staffo conducted: a comprehensive review ofl legal constraints and ordinances from other municipalities to ensure compliance with federal and statel laws and planning best practices. These changes havel been discussed numerous times by the Downtown Master Plan Committee beginningi inj January 2024, and aj public hearing was conducted on) June 17, 2024. At that meeting City Council sent thet text amendment back to the Downtown Master Plan Committee for further review. Staffbrought the amendment to the committee again on August 29, 2024 and the committee unanimously recommended: in favor oft the amendments with the following  changes:  Reducing thei required amount ofl liability insurance to $1,000,000. Renaming the title of Chapter 46- Peddlers and Solicitors to Chapter 46- Adding an exemption for the City, NCDOT, or other government agency to place publici infrastructure and amenities with al reduced minimum separation, provided thatl NCE Building Code: and ADA minimum requirements are met. At7:16] p.m. Mr. Morrow moved, seconded by Ms. Holder to open the public  Peddlers, Solicitors, and Businesses.  hearing. The motion carried unanimously. Public Participation - None. hearing. The motion carried unanimously.  At7:16p.m. Mr. Morrow moved, seconded by Ms. Holder to close the public This item willl be placed on the: agenda for Council action at its November18, K. Consent and Information Consent Agenda items are considered routine and are enacted' by one motion. Mayor Copelofread: aloud thei items listed and asked forar motion to approve the consent agenda. Mr. Wise moved, seconded by Mr. Morrow  20241 meeting.  toa approve the consent agenda. The motion carried unanimously. K-1. Tax Settlement Report-September: 2024 K-2. Ordinance Declaring Road Closure for Veterans Day  ORDINANCE NO.: 2024-36 AN ORDINANCE! DECLARING. AF ROAD CLOSURE FOR VETERAN'SDAY CEREMONY  WHEREAS, Brevard City Council acknowledges a tradition ofp providing for festivals and special  events downtown fort thej pleasure and enjoyment ofc citizens and visitors alike; and,  Minutes- Brevard City Council Meeting- October 21,2024  Page5of14    570  WHEREAS, Brevard City Council acknowledges that festivals and special events provide an WHEREAS, Brevard City Council acknowledges these events require NCDOT: system roadst tob be NOW,THEREFORE BEI IT ORDAINEDI BY1 THE CITY COUNCIL OF THE CITYOF BREVARD, SECTION1 1. Pursuant toa authority granted by G.S. 20-169, the City ofE Brevard hereby declares the following temporary road closure during the daya and time set forth below ont the following described  opportunity for family-oriented activities that celebrate ours small-t -town charm; and,  closed for setup, activities, and cleanup; and, NORTH CAROLINATHAT:  portion ofa Statel Highway System route: Veteran's Day Ceremony Date: Time: adoption.  Monday, November 11,2 2024 10:00 AM- 1:00 PM  Routel Description: Main! Street (U.S.276) from Broad Streett to Gaston Street. SECTION2. This ordinance shalll bei inf fullf force and effect from and after the date ofits  Adopted anda approved this the 21st day of October 2024.  Attest: Denise Hodsdon, CMC, City Clerk Approved ast to Form: Mack! McKeller, City Attorney  s/ Maureen Copelof, Mayor  K-3. Closing of Railroad Avenue Bridge Replacement Capital Project CAPITALI PROJECT ORDINANCETO CLOSE ORDINANCE! NO.2 2022-21 and 2023-43,  ORDINANCE NO. 2024-37  RAILROAD. AVENUE BRIDGEI REPLACEMENT PROJECT  BEIT ORDAINED by the City Council oft the City ofBrevard, North Carolina that pursuant to Section 13.2 ofc Chapter 159 oft the General Statutes of North Carolina, the following capital project ordinance ish hereby  closed:  Section 1: In August of 2013, the City of Brevard received funding through the NC Dept of Transportation for the replacement oft the Railroad. Avenue Bridge. The funding agreement (B- 5550)provided 80%or$ $832,000: andt the Cityy wast requiredt top provideamatcho of2096(S208,000). Expenses were first recorded in early 2016, and mainly involved engineering and property acquisition, through the middle of 2019. Progress on the project was halted by the COVID pandemici ine early 2020. At this stage, the City had spent nearly $600,000 oft the budgeted funds. Inl late 2021, the City became aware that the most recent estimates for the bridge replacement were $1,750,000, requiring an additional $700,000 in City funds. Fortunately, the City, mainly through the efforts ofI Interim City! Manager Steve Harrell and Mayor Maureen Copelof were able to work with NCDOT to produce an agreement where NCDOT took over the entire bridge replacement and the City was only responsible for an additional $70,000 ofe engineering costs. Local Representatives Jake] Johnson and Chuck Edwards, and' Wanda Austin from NCDOT played Section: 2: Thep project willl bec closed with actual revenues of $677,147 and: actual expenditures of $665,451. Actual and budgeted revenues and expenditures willl ber reversed on the City financial  ani important rolei int this agreement.  software, and nof further expenditures willl be required ont thep project. Section: 3: The following: amounts were appropriated for the project:  Account Number 78-6500-4500  Account Name Railroad Avel Bridge Repl  Budget Amount $1,810,200 $1,810,200  TOTALPROECTAPPROPRIATION  Section 4: The following revenues were anticipated tol be: available for projecte expenses:  Account Number 78-3345-0000 78-3750-0000 78-3755-0110  Account Name NCDOTSTPB-5550 Transfer from GF-20% Transfer from GF  Budget Amount $832,000 $208,000 $700,000  Minutes Brevardo City Council Meeting October 21,2024  Page6of14    571  78-3750-0020 TOTALI PROJECTI REVENUE agreements, ifapplicable.  Transfer from GF- CDM  $70,200 $1,810,200  Section 5: The Finance Director will maintain within the capital project fund sufficient specific detailed accounting records to satisfy the disclosure requirements of all the contractual Section 6: The Finance Director will maintain a detailed analysis of all revenues and expenses Section 7: Copies of this capital project close out shall be furnished to the City Clerk, Finance ADOPTED by the City Council ofthe City ofE Brevard, North Carolina, ont this 21st dayo ofOctober,  associated with the projects sincei itsi inception. Director and City Manager.  2024.  Attest: Denisel Hodsdon, CMC, City Clerk Approveda ast to Form: Mack McKeller, City Attorney  s/Maureen Copelof, Mayor  K-4. Closing of Burrell Mountain Water Tank Capital Project CAPITAL PROJECT ORDINANCE TO CLOSE ORDINANCE! NO. 2021-37 AND2024-24, BEI IT ORDAINED byt the City Council oft the City ofE Brevard, North Carolina that pursuant to Section 13.2 of Chapter 159 ofthe General Statutes of North Carolina, the following capital project ordinance isl hereby  ORDINANCE NO. 2024-38  BURRELLI MOUNTAIN WATER TANKI PROJECT  closed:  Section 1: In June of 2021, the City of Brevard received funding through the NC Dept of Environmental Quality for the replacement of the Burrell Mountain Water Tank. The funding agreement provided7 75% or $2,143,538 inc debt forgiveness and $2596or$714,5121 int twentys year, zero percent debt. The project went over budget and the City requested and received additional debt funding of$233,085 inl March of2024. Expenses were first recorded in October of2 2020, and Section 2: Thep project willl be closed with actual revenues of$3,091,135 and actuale expenditures of $3,154,714. Actual and budgeted revenues and expenditures will be reversed on the City financial software, andi no further expenditures willl be required ont the project. Section 3: The following: amounts were appropriated for the project:  thej project was completedi inj January of2024.  Account Number 31-8540-1000  Account Name Burrell Mountain' Water Tank  Budget Amount $3,165,211 $3,165,211 Budget Amount $57,161 $3,108,050 $3,165,211  TOTALPROJECT. APPROPRIATION  Section 4: The following revenues were anticipated tol be: available for project expenses:  Account Number 31-3330-0000 31-3970-0420 TOTALI PROJECT REVENUE agreements, ifapplicable.  Account Name Transfer from Water Fund Burrell Mtn granta and loan  Section 5: The Finance Director will maintain within the capital project fund sufficient specific detailed accounting records to satisfy the disclosure requirements of all the contractual Section 6: The Finance Director will maintain a detailed analysis of all revenues and expenses Section 7: Copies oft this capital project close out shall be furnished to the City Clerk, Finance  associated with the project since itsi inception. Director and City Manager.  Minutes - Brevard City Council Meeting- October 21,2 2024  Page 7of14    572  ADOPTEDI by the City Council oft the Cityo ofE Brevard, North Carolina, ont this 21st day ofOctober,  2024.  Attest: Denise Hodsdon, CMC, City Clerk Approved ast tol Form: Mack McKeller, City Attorney  s/ Maureen Copelof, Mayor  K-5. Authorization: for City Manager to Sign Deed Granting Highwayl Right  ofWay to NCDOT  RESOLUTION NO. 2024-46  AUTHORIZING CITYI MANAGER' TO1 EXECUTEI DEED GRANTING HIGHWAYI RIGHT OFV WAY1 TOI NCDOTI REGARDINGI PROJECTI R-5800 WHEREAS, R-5800 isal North Carolina Department ofl Transportation (NCDOT) projectto construct: ar roundabout atF Fortune Cove Road: and US Hwy 276/64 int the City ofE Brevard," Transylvania WHEREAS, NCDOT has requested, for the consideration of$25,000, thatt the City granta a deed for arighto of waye easement, aj permanent utility easement, and at temporary construction easement on city- WHEREAS, thej parcel measures just undera quarter ofa an: acre andi is unused byt the Cityo of WHEREAS, the Brevard City Council received as staffr report ont this request with mapsa and other NOW,THEREFORE, BEI ITI RESOLVED! BYTHE CITY COUNCILOF BREVARD, NORTH The City Manager (or his designee) isl hereby authorized to execute the deed for highway righto of way with thel North Carolinal Department of1 Transportation for the purposes describedi int the: above  County, North Carolina; and owned rights ofv way;and Brevard; and  relevanti information: ati its October 21,2024 City Council meeting.  CAROLINA' THAT: referenced: stafft report.  Approved and: adopted this 21st dayo of October, 2024.  Attest: Denisel Hodsdon, CMC, City Clerk  s/ Maureen Copelof, Mayor  K-6. Resolution Directing Clerk tol Investigate Sufficiency of] Petition for Annexation - Mills Avel Properties, LLC/ Forest Hilll Drive  RESOLUTIONI NO. 2024-47 NCGS 160A-31, ASA AMENDED  ARESOLUTIONI DIRECTINGTHE CITY CLERKTO! INVESTIGATETHE SUFFICIENCY OFAPETITIONI FOR AN AMNEXATTOMPURSUANTTO WHEREAS, aj petition was received on September 17, 2024, requesting the annexation ofa contiguous area describedi in said! Petitiona ast the Mills Avel Properties, LLC propertyl located onl Forest Hilll Drive, Brevard, NC 28712, consistingof4 4.64 acres, more orl less, bea annexedi into the Cityof Brevard. (Tax Property! Identification Numbers: 58536021885454PP0AP2 8585-35-1747- Beginning ata al broken concrete monument having North Carolina NAD8 83/86 grid coordinates of North: 555675.23 East: 882903.55; said monuments standing! S: 36°49'51"1 Ea distance of1 1,328.41 from) NCGS MONUMENT GEORGE which! has! North Carolinal NAD 83/86 grid coordinates ofNorth: 556738.54 East: 882107.07 and 6.2' awayf from ane existing utility polei int the right of wayf for Forest Hill Road; thence! N 72035/30" Wac distance of9.48' toac calculated point ont the old 45' right of way; thence N2 22°22'36" Wa distance of5 58.85' toa a calculated point ont the old4 45' right of way; thencel N22°22'36" Wad distance of 30.91' toacalculated pointo ont the old 45' right of way; thence witha a curvet turingt tot the right with an: arcl length of 27.95', with aradius of2 289.00', with a chordb bearing ofN 19036'24" W, with a chord1 length of27.93',toa calculated pointo ont thec old 45' righto of way; thence witha a compound curve turingt to the right with an arc length of5 58.85', with ai radius of2 289.00', with a chord bearing ofN 11°00'10" W, with a chordl length of 58.75', to ac calculated point ont the old 45' right of way; thence with a compound curve turning tot the right with ana arcl length of5 58.87', witha a radius of2 289.00', with a chord bearing ofNO 00°39'58" E, with a chord length of 58.76', toa ac calculated point ont the old 45' righto ofv way; thence leavingt the old right of way N 42°42'28" Ea distance of1 18.15't toap pointi int the center ofa ditch;t thence down and with the center ofac ditch) N7 7001708" Ea distance of3 32.99' toa apointi int the center oft the ditch; thence N 65022'33"1 Eac distance of4 44.58' to aj pointi in the center ofac ditch;t thencel N3 39°05'26" Eac distance of1 19.33' toa pointi int the center ofa ditch; thence N  000; and 8585-35-1676-000).  Metes and Bounds Property Description:  Minutes- Brevard City Council Meeting October 21,2 2024  Page 8of14    573  13°02'07" Wad distance of42.04't toap point int the center ofa ditch; thence NI 15°38'54" Ea distance of 60.58' to ap pointi in the center ofad ditch; thencel N2 27930'15"1 Eac distance of2 27.48' to pointi in the center ofad ditch; thence N4 46°24'44" Ea distance of3 34.48' toa point int the center ofac ditch; thence N5 52°18'45" Ea distance of 44.06't toa aj point int thec center ofad ditch; thencel N6 63°35'23" Ea distance of24.90' toap pointi int the center ofa ditch; thence N6 68035'48"1 Ea distance of 34.51' to ap point int the center ofa ditch; thencel N8 82°42'23" Ea distance of 18.77' toa aj pointi int thec center ofac ditch; thence N5 59°06'04" Ea distance of 10.91' toa aj point where the ditch meets the center of Brushy Creek; thence down and with the center of Brushy Creek S31°45'09" Ea distance of6 62.74' toap pointi int thec center of Brushy Creek; thence S: 36°59142" Eac distance of95.95' toap point int thec center of Brushy Creek; thence S: 36059'42" Ea distance of7 76.42' to aj point int the center of Brushy Creek; thence S 11°00'05" Ea distance of45.80' toa aj pointi int the center of Brushy Creek; thence S 19022'35"E ac distance of32.79' toap pointi int the center of Brushy Creek; thence! S: 38°0726" Eac distance of24.16' toa pointi int thec center of Brushy Creek; thence S5 58°35'26" Ea distance of37.39' toa apoint in the center of Brushy Creek; thence S 38°46'28" Ea distance of 17.91't to pointi int thec center of Brushy Creek; thence S3 38-4628"E ac distance of 15.80' toap pointi int the center of Brushy Creek; thence S2 28°1033" Ea distance of 121.25' toa pointi int thec center of Brushy Creek; thence S22°12'32" Eac distance of22.95' toa aj pointi in the center of Brushy Creek; thence SC 09°32'28" Ea distance of3.35' toa aj pointi int the center ofE Brushy Creek; thence S 09032/28"1 Ea distance of1 16.33't to ap point int the center of Brushy Creek; thence SI 18024'11" Wad distance of3 35.66' toa aj point int thec center ofE Brushy Creek; thence S: 33°58'27" Wad distance of6 65.28' toap point int thec center ofE Brushy Creek; thence S4 44°26'22" Wad distance of31.27' toa point int the center ofl Brushy Creek; thence S 14019'46" Wa distance of29.38' toa aj pointi int thec center of Brushy Creek; thence leaving the center of Brushy Creek! N 77°32'22" Wa distance of21.02' toa a pointi in thec center ofa ditch;t thencel N 70°38'59" Wa distance of 156.06' toap pointi int the center ofa ditch;t thencel N7 77°40'10" Wac distance of71.18' toa 5/8" rebar; thence N 72°39'09"1 Wa a distance of2 29.26' toa5 5/8" rebar;t thencel N 46°48'46" Wad distance of41.05' toa5 5/8" rebar; thence S 89°46'32" Wac distance of6 60.26' to5 5/8" rebar;t thencel N 72°47'04" Wa distance of28.12'10a518" rebar; thence N 72°50'41" Wac distance of3 30.42't toab broken concrete monument; whichi ist the place and point ofbeginning and containing Tracts 2A, 2B, 2C and 2D ass shown on! Plat File 22, Slide 158, and having: an area WHEREAS, said Petitionl hasb been received! byt the City Council ofthe Cityo ofBrevard, North WHEREAS, NCGS 160A-31,asa amended, provides that thes sufficiency oft thel Petition shall be WHEREAS, the City Council ofthe City ofE Brevard deemsi ita advisablet top proceedi inr response NOW" THEREFORE, BEI ITI RESOLVEDI BY THE CITY COUNCILOF: THE CITYOF Section: 1. The City Clerkis! herebyo directedt toi investigatet the sufficiencyoft the above- described Petition andt to certify ass soon as possible tot the City Council the result ofh heri investigation. Section 2. This Resolution shalll become effective uponi its adoption and approval.  of4.640: acres. Carolina;and  investigated! byt the City Clerkl before further: annexation proceedings mayt take place; and  tot thist request for annexation. BREVARD, NORTH CAROLINA' THAT:  Adopted and approved this the 2151 day of October, 2024.  Attest: Denise Hodsdon, CMC, City Clerk L. Unfinished Business  s/Maureen Copelof, Mayor  L-1. Ordinance Voluntary Contiguous Annexation - Jason! Shepherd /35 Verdery Avenue - Aaron Bland recalled that most of the property at: 35 Verdery Avenuei is already within city limits andt thisi isa a request to annex the remainder. The Planning Board considered thet request ati its September 24, 2024 meetingand unanimously recommended: approval. Council held the public hearing: at its October 8, 2024 meeting. Mr. Baker moved, seconded by Mr. Daniel to approve the ordinance for voluntary contiguous annexation. The motion carried unanimously.  ORDINANCE NO. 2024-39  AN ORDINANCE1 TO EXTEND' THE CORPORATELIMITS OF THE CITY OF BREVARD, NORTH CAROLINA  WHEREAS, the Brevard City Council has been petitioned under G.S.: 160A-31, as amended,to  annex the contiguous area described herein, and,  Minutes- Brevard City Council Meeting- October 21,2024  Page9of14    574  WHEREAS, the City Councill has by Resolution! No. 2024-30 directed the City Clerkt toi investigate WHEREAS, thel Brevard Planning Board reviewed thel Petitiona att their meetingl heldo on September 24, 2024 and recommended approval oft the voluntary contiguous annexation; and, WHEREAS, the City Clerk has certified thes sufficiency ofs said petition (relying ont the opinion of the City Attorney) and the City Council adopted Resolution No. 2024-361 fixingac date of publicl hearing. Bya authoritys granted! by G.S.: 160A-31,ap publicl hearing on the question oft this annexation was held att the City Council Chambers: ats 5:30P.M. ont the 8th day of October, 2024, after due notice by publication on  thes sufficiency ofs said petition; and,  the 23rd day of September, 2024; and G.S.1 160A-31, asa amended. NORTH CAROLINA, THAT:  WHEREAS, the City Council does herebyf find asa af fact that the petition meets the requirements of NOW,THEREFORE BEIT ORDAINEDI BYTHE CITY COUNCIL OF THE CITYOFI BREVARD, Section 1. By virtue oft the authority granted by G.S. 160A-31, as amended, allo oft that property lyingi in' Transylvania County, owned by] Jason Shepherd, ass shown andl being ap portion oft that property describedi int the deed recorded in Document Book 765, Pages 452-455, int the' Transylvania County Register ofDeeds and that certain plat! provided byt thel Petitioners tob bec duly recorded upon annexation ish hereby annexed andi made: aj parto oft the City ofE Brevard as oft the 21st day of October, 2024.  Said propertyi isr more fully described asf follows:  Location: 35 Verdery Avenue, Brevard, NC2 28712. A portion ofTransylvania County" Tax That certain piece ofland! beingl locatedi int thes state ofl North Carolina, county ofTransylvania, township of Brevard. Beginning ata an unmarked point on the existingl line of the City of Brevard Limits and ont ther northern right ofv wayl line of Verdery Ave., alsol beingl located on the: southern line oft that property ofj Jason M. Shepherd described in Deed Book 7651 Page 452, said property beingt that 0.34 Acret tracts shown on! Plat File 165 Slide 749. Thence running with the existing City ofBrevard Limits, a curve with: ana arcl length of113.84, with: ar radius of983.05, withad chord bearing OfN 42°18'23" W, witha ac chordl length of113.78, to an unmarked pointi int the northern line oft thel before mentioned tract, said point being on the existing line of City of Brevard Limits. Thencel leavingt thee existing City ofB Brevardl limits andi running with thel Earnest Duncan linea course! $76°10'43" Wad distance of1 18.15'toa1 1/2" Rebar found, the southwest corner ofthe Earnest Duncan property describedi inl Deed Book: 320 Page 140. Thence with the Bobby" Tucker linea ac course S14°14'36" Ea distance of2 20.01' toa1 1/2" Rebar founda ata 3" spindle guards stake, thes southeast corner oft the Bobby Tucker' Tract described in! Deed Book: 332 Page 469.Thence witht thel line oft the other property owned by) Jason M. Shepherd, describedi in Deed Book 765 Page 436, for two calls,S13-2748" Ea distance of4.95' toa5/8" Rebara and Caps set, thences 13°37'43"1 Ea distance of75.06' toa a5 5/8" Rebara and Caps set. Thence leavingt the Shepherdt tract described in Deed Book 765 Page 436: and traveling alongt thei northern right ofv way line of Verdery Ave. N76°09'56"1 Eac distance of72.55't toa an unmarked point ont the existingl line ofthe Cityo ofBrevard: Limits, whichi is thep point ofb beginning. Containing 0.101 acres, more orl less. Beingap portion ofthe property conveyed to) Jason M. Shepherdi inl Deed Book 7651 Pages 452-455. Also showna as" "This Portion ofP Property tol be Annexed +/-0.101 acres" onaj plat prepared by Davidl L. Burrell titled" "Plat ofal Boundary/Annexation: Survey for Jason! M. Shepherd" being drawingr number 24-27-REVISED: and dated] June 20, 2024-Revised July 23, 2024. Referencei is hereby madet tos said plat for a more complete anda accurate description. Thei intent ofti the landowner, jason M. Shepherd, is toa annex any portion oft the property described in Deed Book 7651 Pages 452-455 thati ist noti int the existing City ofE Brevard Limits, into the City of Brevard Section 2. Upon and after the 21st day ofOctober, 2024 the: above-described territory andi its citizens andj property shalll bes subject toa all debts, laws, ordinances and regulations inf force int the City of Brevard ands shalll bee entitled tot thes same) privileges andl benefits as other parts oft the City of Brevard. Alsol beinga all oft that property described inap plat prepared! by David L.E Burrell, PLS for) Jason M. Shepherd, dated] June 20, 2024, revised July 23, 2024a andi recordedi inl Plat File 24, Slide 348, ofthe Section 3. Pursuant to 160A-29i its shalll be the duty oft the Mayor oft the City ofE Brevard to cause ana accurate map oft the annexed territory as described in Section 11 hereof, together witha a dulyo certified copy oft this Ordinance, tob ber recordedi int the office ofthe RegisterofD Deeds ofTransylvania County, North Carolina, andi int thec office ofthe Secretary of State: at Raleigh, North Carolina. Such a map: shalla alsol be delivered tot the Transylvania County Board ofE Elections as required by G.S. 163.288.1.  Property Identification Number 8585-28-6101-000  PropertyDeseription  limits.  Said territorys shall bes subject tot ther municipal taxes according to G.S. 160A-31.  Transylvania County Registry.  Minutes- Brevard City Council Meeting- October 21, 2024  Page 10of14    575  Section 4. Notice ofa adoption oft this Ordinance. shalll be published once, following the effective  date ofa annexation, inar newspaper! havings general circulation int the City of Brevard. Adopted and approvedt this the 21st dayo of October, 2024.  Attest: Denisel Hodsdon, CMC, City Clerk Approved ast to Form: Mack! McKeller, City Attorney M. New Business  s/ Maureen Copelof, Mayor  M-1. Discussion of! NFIPi impacts onl Housing Recovery Efforts - Mr. Hooper explained that therei isa conflict between two important public health ands safety approaches and Staffi is looking for direction from Council. The first point of viewi is do we: accommodate people's requests to make emergency repairs to their homes, perhaps heading off additional publicl health issues like livingi in damaged homes or performing unpermitted repairs; or do we: stick to our previously approved policy oft frequiring homes that have been substantially damaged to elevate out oft the floodplain. This is an important health and safety matter because the nextt time itf floods we won'thave to pull those folks out with! boats again. And therei is also the argument to make for requiring elevation thati itr maintains our eligibility for the National Flood Insurance Program (NFIP), without which nobodyi in our jurisdiction can buy government flood insurance and everybody would bel left to their own devices ifand when the next flood comes, and  theirk homes are damaged. inform the conversation:  Mr. Hooper called Council's attention to four documents thatl he hoped would 1. Letter from Transylvania County making the case for leniency from our floodplaini requirements. Ifwe: adopt that point of view, we would give people a grace period from our substantiali improvement: requirements sot that they can perform minimal emergency repairs to make their homes habitable. 2. NCI Department of Public Safety's document entitled Effects of! Non-Participation int thel National Flood Insurance Program, which explains thel benefit of the program andt the opportunities we would lose ifwe forgo our eligibility. 3. NFIP Temporary Permitting Possibilities, which outlines the pros and cons of 4. Draft agreement that Staffh has developed based oni input from multiple sources that we thinki isa a compromise solution which will allow folks to make emergency repairs without putting our eligibility in NFIP at undue risk. The a. We would issue permits for minimal repairs that are just designed to bringt thel home back upt tol habitable standards and give property owners ac one-year grace period from our elevation requirements. b. Ther requester must give us an estimate, either from an engineer ora licensed general contractor, on the cost ofe elevating the home and bringingi iti into NFIP compliance, so that we can make sure that the cost oft their repair efforts doesn'texceed 50% oft the value ofthe home, and thus would be considered a substantial improvement under normal Includes the opportunity for two additional one-year periods ifg good faith d. lfnon-compliance, enforcement measures up to and including revocation  each approach.  highlights oft this approach are as follows:  circumstances.  efforts toward compliance are made. ofcertificate ofc occupancy  Minutes- Brevard City Council Meeting- October 21,2 2024  Page1 110 of14    576  Mr. Hooper pointed out that this program is note endorsed by FEMA and we do not! knowl howt they will react toi it, buti iti is based on a similar program in Craven County thati is currently underway and has been since Hurricane Irene, and FEMAI has notr messed with their NFIP eligibility there, sO we don'tt think they will mess with ours here. He noted that we are not rewriting the UDO, staffis City Attorney McKeller: added that as a general rule, since 19741 building in floodplains and special flood hazard areas has been discouraged. Therefore, trying to come up with ways to make sure houses don't get flooded out has been an important governmental task. Wel have rules that were puti inj place that require that anybody who builds in: as special flood hazard area to raise their dwelling above base flood elevation. In 20091 the City adopted regulations requiring that dwellings must be raised two feet above base flood elevation. In addition to complying with NFIP, which is required for many federal loans, required for us tol be able to get FEMA grants that might come for fixing upl houses, in order to qualify for all oft that, wel have to follow these andj put these ordinancei rules into effect. The problem with thati ist that wel have a shortage of housing and one oft the solutions wel havel looked ati is to allow a temporary permitting process to allow people an extended period oft time to come into compliance with the floodplain ordinance. The two competing factors are: 1) raising homes out oft the floodplain isa long-term goal oft the City of Brevard andi it complies us witht the NFIP; and 2) we have ani immediate need and there isa a possible solution toa at least allow them to repair their homes enough sot they can live there while they are trying to come into compliance. Aaron Bland added information regarding thei mechanics about some of terminology thati isl being used. He explained that a property is deemed "substantially damaged" whent the damage sustained by thes structure because oft the floodi is estimated tol be greater than! 50% oft the value oft the structure. He: also explained how those numbers are determined. There are approximately 50 ofthose structures and the owners ofthose structures havel been notified oft that determination. They dol have the option toj provide better data that could change that percentage tol below the! 50% threshold: and remove them from that substantially damaged list. Ms. Holder moved, seconded by! Mr. Morrow to direct the staff toj pursue the temporary: authorization permit as contained in the Craven County model. During discussion it was noted that the requirement to submit ane estimate with thei initial application makes it difficult for folks to move: forward immediately. Following further discussion, Mr. Hooper summarized thei revisions as discussed: Adopt the Craven County model, but strike the second bullet requiring that initial application for grace period musti include an estimate from al licensed general contractor, etc. and replace that with a clause that requires such an estimate must be included as parto ofthe good faith effort after one year, along withs some other demonstration of good faith effort; and Staff will not evaluate thea applications for minimal repairs, but willl let the County decide what a minimal repair is, with the following exceptions: We will not permit an application that describes a repair that exceeds Staffi is empowered to refuse aj permit for something that we thinki is  just asking Council for direction onl how to administeri it.  50% ofv value; and excessive  Ms. Holder amended the original motion, seconded by Mr. Morrow to include the revisions described byt the City Manager. The motion as amended carried unanimously,  N. Remarks/Future, Agenda Considerations.  Mr. Baker commented about thes storm and said the word thatl keeps coming up was resilient. Iwas seeinga al lot ofr resiliencyi in the stories that thes staffs shared. Itwas amazing tos see thej people thats stepped up andi its shows the character oft the people that we have here and the character of our whole community. There have been amazing  Minutes- Brevard City Council Meeting October 21, 2024  Page 12of14    577  responses from volunteers, non-profit organizations, andj just neighbors checking on each other. Itisg goingt to take al longt time for us to recover: as a region andi iti is goingt to take a loto ofl hard work from al lot of people. Thank you to thes stafff fora all you did. We were talking about al housing crisis before this natural disaster and the maini issue we discussed tonight shines af further light on thej problems we are having with housing and thef fact that people can't find adequate housing, especially those that are most vulnerable. Some short-term rental owners have stepped up to help with the immediate need and Iwant to thank them for that. This is ani issue that we have to workt together on, and Ihope that as we come out of thei immediate emergency housing needs from thel hurricane that we can work together to help solve that housing crisis Mr. Daniel said lappreciated hearing the stories that our responders gave tonight which gave us ani insight into their experiences. Iparticularly was pretty lucky, and Ihad tol leave thel house tol know that there had been as storm oft that magnitude Mr. Morrow: said it certainly was an unprecedented. storm, but also an unprecedented response. Thank you for your stories. Ithink we are on the road to recovery. Thanks, and a shoutout to the management team, thel Mayor, thel Manager, Ms. Holder said Iwant to sayt thank you to all who came and shared your stories and your heart. Itr reminded me ofar message that preached on Sunday called' "Riding through thes storm" and Italked aboutl how hurricanes spawn tornadoes at times, and sO wel have a storm within thes storm. Certainly, youl helped us when we had the storm within the storm. We had no idea that you: ally were out there doing what you were doing. And ita alsot talked about resiliency and as citizens we could ride through the Mr. Wise said our city staffi is unbelievable. That kind ofa attitude and levity in these situations really can make all the difference and Iappreciate everyone who spoke to us tonight. He asked everyone to remember that we are in our biggest business season and our business owners are: suffering. Wel have started some new programs through Transylvania Tomorrow tol help them, but anything we can do tol help them personally- tos shop locally or telly your friends that Brevard is open for business - they need help. Wea are a city of 8000 people, and we all are going tol be impacted directly by alack oftourism dollars, whichi is our prime source ofr revenue in this amazingi place we live. Idrove through Pisgah Forest wheni it reopened, andi it was great to backi in the forest. Hei reminded everyone that early voting! has started and encouraged folks to go Mr. Hooper reported that the milling and paving of) Johnson and Jordan Streets willl begin this week. He asked for forgiveness from Council andi residents as some of our voluntary projects have been postponed as wel have focused more on response and recovery, but we can see the light at the end oft the tunnel and will be shifting staff's Mayor Copelof said youg guys arei incredible, you are heroes and did sucha a wonderful job. Thej primary responsibility ofa city is to ensure that Brevardi isa as safe healthy place for people tol live, andt thati is ar responsibility that you stood up to. Iam sO grateful for everything that our City staff has done;I Iam so grateful fort the way our community has stood up; with our non-profits, our faith groups, withi individuals, with all the fundraisers, free meals, clothing and all the different items where people have stepped up. Iam: so] proud of! how we: as a community have cared about one another and we willl have to continue to do thatl because recoveryi is going to take a while. We are working on temporaryl housing, and Iams so glad that we came up with a solution to allow people to go: ahead and fix theirl homes. Thank you to thej people who came, opened their! hearts andt told us what they are feeling and what they are facing. Thank you Council forl listening andi reacting to those voices. The other voicet thatIhavel been hearing is that of our small businesses. Many of those business owners have told me  that we already had before this happened.  becausel Icouldn'ti telli it from wherelwas.  and the City Attorney for the out-of-box option you gave us.  storml because of what you: all did. Thank you.  vote.  focusl backt to performing some oft those voluntary things soon.  Minutes Brevard City Council Meeting- October 21,2 2024  Page 13of14    578  how frightened they are that their business isn'tgoingt to survive. They need customers SO we have got to rally as a community and help our small businesses. There is Transylvania' Tomorrow and wel have Halloweenfest: anda al benefit concert coming up on Saturday, whichi is an opportunity to come together as a community.  0. Closed Session  0-1. Pending Litigation: NCGS $143-318.11.0)(3)- - At 8:45 p.m. Mr. Morrow moved, seconded by! Ms. Holder to goi into closed session to discuss pending litigation matter City ofBrevard Vs. Bauslaugh-Case! No. 21-CVS-381 and 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 Clerk Denise Hodsdon, Assistant Planning Director Aaron Bland, and Assistant City Manager Council Returned tol Regular Session - at 9:07 p.m. Council resumed the meeting ini regular session. No official action was takeni in closed session and ther minutes ofthe 0-2. Pending Litigation: NCGSS $143-318.11.08)0) A At 9:07 p.m. Mr. Morrow moved, seconded! by! Mr. Baker to goi into closeds session to discuss) pending litigation matter Cityo ofl Brevarde eta al. Vs. HCA etal. Thei motion carried unanimously. Authorized to remain for the closed session with Council and the Attorney were City Manager Wilson CouncilReturned to Regular Session - at 9:20 p.m. Council resumed the meeting ini regular session. No official action was taken in closed: session and the minutes oft the P. Adjourn - There being no further business, at 9:20 p.m. Mr. Morrow moved, seconded by Mr. Baker, to adjourn thei meeting. The motion carried unanimously.  DavidTodd.  closed: session are authorized' to be: sealed.  Hooper and City Clerk Denise Hodsdon. closed session are authorized tol be: sealed.  bunudisim Denise Hodsdon.CMC City Clerk  W-ln3  Mayor  Minutes Approved: November4.2024  Minutes- Brevard City Council Meeting- October2 21, 2024  Page 14of14    FLOWERS  Helene Response and Recovery Update Brevard City Council October 21, 2024  8B BEAUTIFUL BREVARD  FOUNDED1LS DELANDOFWATERALES Lry C ARTS  Introduction/Table of Contents  Preparations During the storm During the flooding Immediate aftermath Initial recovery period  Pivoting to medium term recovery (current)  Pivoting to long term recovery  Preparations  City Communications: Coordinator (CC) begins posting weather alerts toall social media platforms and City website 9/25/24 Transylvania County declares State of Emergency 9/25/24 CC issues emergency alert through CivicReady system notifying residents ofTC's State of Emergency declaration 9/25/24 Brevard Public' Works (BPW) clears storm drains, checks generators, prepares equipment and makes arrangements to have 24/7 staff Brevard Fire Department (BFD) doubles on-site staffing and places TC Emergency Management begins evacuations in areas expected to  coverage.  another crew on-call flood 9/26/24    Preparations  Brevard Police Dept. (BPD) fills cars with gas and arranges to have extra Brevard Utilities sets WWTP for overnight function and evacuates plant Normal trash collection cancelled for the remainder oft the week. All other non-essential cityf functions closed at noon on 9/26/24 Communications Coordinator begins sending Council relevant City information and updates as Helene makes landfall in Florida 9/26/24  staff on patrol. Plain clothes officer shifted to patrol.  9/26/24  During the storm (late 9/26-midday9/27) BPW begins pumping and hauling overflowing sewer manholes 9/26/24 Brevard Fire Dept. responds tot first weather-related call at 2:38 AM on 9/27/24 BFDr respondt toa ane estimated 100 calls on9/27* Non-essential city services called offi for 9/27/24. BPD and BPWI battle flooding in City Hall basement  Immediate aftermath (afteroon 9/27-midday 9/28) BPD: and BPW close in-town roads BPW clears mudslide at Cathey's Creek to help maintain access to BFD, Transylvania Rescue Squad, and out-of-county teams begin water rescues along Old HVLI Hwy. WWTP likely overtops duringt this Mayor begins going door-to-door downtown with paper updates  as waters rise plant  period    Immediate aftermath (afternoon 9/28-middays 9/29) WTPI loses generator power BPWr receivesi first shipment of emergency gas/dieself from NC. Emergency Mgmt. for area public safety vehicles. EOC sources spare generator,WIP: regains power ata around 0200 BFD responds to another 100 (est.). calls Mayor begins reading çommunications updates on! WSQL (which are then, repeated: att thet top ofe everyhour)-staff begin circulating and postinghard copies for public CC posts updates tos social media platforms usingt temporaryinternet connection  Immediate aftermath (afternoon 9/29-midday 9/30) Duke power restored to WTP BPWb begins tree clearingi in WWTP accessed for first time since storm; initial assessment indicates floodwaters overtopped clarifiers but raw sewage got partiallytreated entire storm  earnest.  Damage assessment BPD cruiser crushed by falling tree (estimated loss $65,000) BFD folding frame tank fell off truck (est. loss $2,800); damage to bay door ($8,300) Streambank washout near WTP ($20,000); sand and debris in creek and intake channel Damage to RBC "cups", actuators, valves, and other misc. components at WWTP (loss value TBD) Misc. repairs to City! Hall (de minimis)  ($10,000)    Initial Recovery (9/30-10/04) Cell service restored to much oft the city Mayor Copelof appears on 94.9(WGCR) to share update CivicAlert notifications and website/social media posting resume WTP operating at full capacity Curfew lifted 10/1 @ 5:00 PM City! Hall opens ata limited capacity! before fullyreopening  ADEVANn POLCE  Initial Recovery (9/30-10/04) Comms shift to once-daily emergency response updates 10/2 Planning staff begin substantial damage determination assessments ofi flooded buildings County stages public dumpster outside oft the library for spoiled food disposal; PW crews collect and haul refuse from site while beginning spot collections and make-up collections around town BFDreceives bottled water and MREs for distribution  Recovery (10/05-Present)  FEMAI reps arrive in-county and begin performing initial assessments BFD resumes normal staffing levels and operations Normali trash and recycling routes resume; PW continues with supplemental collection int flood damaged areas FEMAI reps meet mayor and city manager and share info as1 to various services 10/8 Cityissues final set of emergency response updates 10/10 FEMAI in-person Disaster. Response Center (DRC) opens 10/17    Recovery (Efforts underway)  Nonprofits pivotingt to help people with critical needs Create temporary dwelling units for displaced people. Housing Assistance Corp. coordinating this Support small businesses impacted by less visitors; Chamber of Commerce and HoB standing up Transylvania Tomorrow" fund HalloweenFest now af fundraiser for thet fund City considering policy changes to support recovery efforts  Hurricane Helene Housing Relief  effort  9 kelief  FLDWERS  Helene Response and Recovery Update Brevard City Council October 21,2024  8B BEAUTIFUL BREVARD  fOUNDED1 169 "THE LANDOFY WATERFALLS NITY ARTS