591  MINUTES BREVARD CITYCOUNCIL Regular Meeting November18, 2024-5:30PM  Thel Brevard City Council met in regular session on Monday, November 18, 2024, at! 5:30 p.m. in the Council Chambers ofCity Hall with Mayor Copelof presiding. Present - Mayor Maureen Copelof, Mayor Pro' Tem Gary Daniel, and Council Members Macl Morrow, Aaron Baker, Pamela Holder and Lauren Wise StaffPresent- - City Attorney Mack McKeller, City Manager Wilson Hooper, City Clerk Denise Hodsdon, Assistant City Manager/Finance Director Dean Luebbe, Assistant City Manager David' Todd, Assistant to the City Manager Selena Coffey, Planning Director! Paul Ray, Senior Planner Emily Brewer, Communications Coordinator Becky McCann, Police Chief' Tom) Jordan, Fire Chief Bobby Cooper, Public Works Director Wesley Shook, Water' Treatment Plant ORC Dennis Richardson, Wastewater Treatment Plant ORC Emory Owen, and Community Center Director Tyree Griffin  Press - Jonl Rich, Transylvania Times  A. Welcome and Call to Order- - Mayor Copelofo called the meeting to order B. Invocation - Norm Bossert of the Brevard Jewish Community offered an C.P Pledge ofA Allegiance - Mayor Copelofl led the pledge of allegiance. D. Certification of Quorum - City Clerk Denise Hodsdon certified thata E. Approval of Agenda Attorney McKeller requested to adda Closed Session fora al Pendingl Litigation matter as Item 0-2 and a Closed Session fora a Personnel matter asl Item 0-3. Mr. Morrow moved, seconded by Mr. Wise to approve the agenda as  and welcomed those present.  invocation.  quorum was present.  amended. Thei motion carried unanimously. F.A Approval of Minutes  F-1. November 4, 2024 Regular Meeting Mr. Baker moved, seconded by Ms. Holder to approve the minutes of thel November 4, 2024 Regular Meeting as presented.  The motion carried unanimously. G. Public Comments  Joshua Fisher of Greenville Hwy said protecting our children in the city is very neara and deart to my! heart. Ihave beeni in contact witht the Chief and Mr. Hooper about crossing guards int the city. WhatIhave been toldi is that the reason the Police Department does itist tol build relationships with the children; a courtesy is what they calli it. Every other city and county thatl Ihave livedi ini in this country has cross guards toj protect our children; either the city doesn't, or they do. Ifitis not the City Police Department responsibility, ora duty, then just tell us parents. Right now, Ihave al lot of parents that are onboard with me that are very upset that their children have to cross there every morning. School starts at7 7:30. Italked with Chief] Jordan, and he said that he changed itt to 7:25 aftert talking with Mr. Kirst. The crossing guards don'tg get there until 7:32 or 7:33; we're only talking about 2 or 31 minutes, yett that's the 2 or3 minutes that kids can cross there and: some kids gett there at 7:30. Ifthey're crossing at 7:29 or 7:30 and they get! hitl byac car; a 10-year old kid, such as my son, should not have to judge ift they can walka across thati intersection on a foggy morning with cars coming. Adults with driver'sl licenses make mistakes driving, sol how do wee expecta child to    592  make that decision? It'sf fine ifhe says he doesn't want to doi it and we'lll let all the citizens know, allt the parents know, and we'll starta citizen team that wants to doi it. Buta as ofr right now, all I'mg gettingi ist the beata around on it; eitheri iti is, ori iti isn't. Whenl broughti it upt to Chief) Jordan he: said, "well let me know when my personneli isl late." So now you want mei to manage city employees? He andl Mr. Hooper said it would be helpful. So, Iasked Kelley Craig, whoi is ultimately responsible for city employees if they're latef for work. She saids she doesn'thave control over city employees who don't directly report tol her. So, ifit's not the Chief, thel HRI Director ort the City Manager, who isit? Which one ofy you guys are going to take responsibility of] protecting these children? Thes second thing is when) Dan Godman told me lasty year thati itv wasn't the city's responsibility toj protect the children, thats still upsets me today. Since we're still not doingi it, am takingi itt toi myl heart. When are we going to start protecting the children? AfterIgoti involved in thisl Istarted talking with the citizens and Istarted talking with current Brevard Police Department Officers, whichl Iam not going to name. IfDan Godman has had his instructor's license suspended from the Police Academy, why! hasn'tt the City lookedi into that? Andi ifyoul have, why haven'tyou told the citizens abouti it? With all the allegations coming from the Brevard Policel Department and the officers? Istarted aj petition for Dan Godman and' Tom) Jordan to resign sincet they can't Courtney Dale of Elseetos Drive said Iwas not: aware ofa all ofthesei issues until fairly recently when I've: seen things passed online through various local forums and groups. Asa fellow concerned citizen and parent of the City of Brevard, 1 just want to state to youl In moved from an area whenl Ifound outl I was havinga a son, thatIwas told, andI Ibelieved that was a utopia for children andf families. Iwould like tol believe that we can continue as suchi in this community: and up until now, very recently, I have had wonderful experiences raising my son and Ilove having him here. Icame from Wilmington just fori reference, ai much higher crime rate. Ifairly recently havel become aware andl been shown: several different aspects of negligence and corruption within thel law enforcement in our city, as well as our county, but that'sa a different issue. I would hope thaty you, as fellow citizens ofthis city, would take this seriously because we as parents oft this community rely onl Brevard beinga a safe and engaging environment for our children, who will one dayl be usl here. Once you come tol Brevard,you most likelyr neverl leave. Iwould just hope that you guys can take that tol hearta and take what Monica Driscoll of Kimzey Circles said I've gota a couple of things on my mind. The first onel I'vet talked about before and thati is communications. and access toi information. Iknow there have been efforts toi improve thata and Ireally believe the Communications Director has made al big difference, buti it's not enough andi ifthere is anythinglo can do in the way of..just bringing it to your attention again I feel likei is a good effort. Iwishl hads some oft the answers to present to you. Even accessing information online is difficult to do. Over the weekendI Iwast trying to access somei information, and Ihad the agenda packet, buti it's! hard to geti iti in a form or copy iti into something on my computer thatIo can use to make notes or highlight or even travel from one page to another. So there are some difficulties there. Thes second item hast to do with, inj particular I'm talking aboutt the Pisgah Gateway right now. Ididn'tknow. about the information session untili itv was taking place and that was probably on me. Iknow that efforts were made, and] Iwant to commend thel Planning Department for theiri information sessions that they are doing on a semi-regular basis when subjects come up. Ithink that's terrific, buti not enough people are finding out about it. Again, it's communications andI just! know people that would come ifthey knew in advance what was being discussed. I can'to doi ita all; Ican'te even get thei information myself. One oft the things about that that has bothered me is learning that the recommendations. of thel Planning Department about setbacks in thel Pisgah Gateway were: not approved byt thel Planning Board. Idon't know exactly why, and! did talk with thel Planning Department and they told me that maybe thei issuet thati is bothering me is not seti in stone as far as notl being mandated setbacks. Itbothers me that that's coming for City Council approval tonight andi it hasn'teven... would think that the minutes from the Planning Board would have tol be approved by thel Planning Board before they come to you: all and that meeting in  do their jobs, and nobody wants tot take responsibility.  Isay with ag grain ofs salt.  Minutes Brevard City Council Meeting- November 18, 2024  Page2 2of11    593  October did not take place because there was no quorum. So,Idontunderstand why  it'si inj your hands tonight and maybe I'll get an answer to that. H. Certiftate/Awards/Rcogation-None.  I. Special Presentations  I-1. Update from Helene Regional Recovery Convening- - On November 8th Mayor Copelof and City Manager Hooper attended: a convening ofl local officials from jurisdictions affected by Tropical Storm Helene. Speakers included FEMAI head Deanne Criswell, Governor Roy Cooper, Senator' Tom' Tillis, and members oft thel North Carolina General Assembly. Thej primary purpose oft the meeting was for thosel leaders to share thel latest on the recovery efforts directly with! leaders from thei impacted communities, and tol hear directly from local leaders ast to what their recovery needs are. Mayor Copelof and Mr. Hooper sharedi information received att the convening, and follow-up steps that have beent taken or will be taken. Mayor Copelof also shared information regarding thes status ofl local recovery efforts with regard to housing. A copy ofl Mayor  Copelof's PowerPoint presentation is attached. .Public Hearing(s) - None.  K. Consent: and Information Consent Agenda items are considered routine and are enacted by one motion. Mayor Copelof read aloud thei items listed and asked fora a motion to approve the consent agenda. Mr. Morrow moved, seconded by Mr. Daniel to approve the consent agenda. The motion carried unanimously.  K-1. Tax Settlement Report- October 2024 Night and Holiday Parade  K-2. Ordinance Declaring Road Closure for Special Event - Light Up the  ORDINANCE! NO. 2024-42 AN ORDINANCE! DECLARINGI MULTIPLE ROAD CLOSURESI FOR: SPECIALI EVENTS  WHEREAS, Brevard City Council acknowledges a tradition of providing for festivals and special WHEREAS, Brevard City Council acknowledges thatf festivals and: special events! provide an WHEREAS, Brevard City Council acknowledges these events requirel NCDOT: system roads tol be NOW,THEREFORE, BEIT ORDAINED! BY1 THE CITY COUNCIL OF THE CITY OF BREVARD, SECTION1. Pursuant to authority granted by G.S.: 20-169, the City ofE Brevard hereby declares the following temporary road closure duringt the daya and time setf forth below ont thef following described  events downtown for the pleasure ande enjoyment ofc citizens and visitors alike; and, opportunity for family-oriented activities that celebrate our small-town charm; and,  closed fors setup, activities, ando cleanup; and, NORTH CAROLINATHAT:  portion ofa State Highway System route: Light Up the Night Date: Time:  Saturday, December 7,2024 6:00A AM- -8:00F PM  Routel Description: Main! Street (USZ 276) from Caldwell! Street to Gaston Street; Broad SECTION:2. Pursuant to authority granted by G.S. 20-169, the City of Brevard hereby declares thef following temporary road closured during the daya and time set forthl below ont the following described  Street (US6 64) from Probart Street to! Morgan Street  portion ofa State Highway System route: Holiday Parade Date: Time:  Saturday, December 7,2024 1:301 PM- -5:00PM the! Brevard College main entrance.  Routel Description: North Country Club Road (SR1 1116) from Brevard High Schoolt to South  Broad Street; Broad Street (US6 64) from North Country Club Roadt to  Minutes Brevard City Council Meeting- November 18, 2024  Page3of11    594  SECTION3. This ordinance shalll bei inf fullf force ande effect from and after the date ofi its  adoption.  Adopted anda approved thist the 18th day of November: 2024.  Attest: Denisel Hodsdon, CMC, City Clerk Approved ast to Form: MackN McKeller, City Attorney K-3. Pump Station Easements  s/ Maureen Copelof, Mayor  RESOLUTION NO. 2024-54  AUTHORIZING CITYI MANAGER TOI NEGOTIATEAND EXECUTE AGREEMENTS FORI PERMANENT AND/OR TEMPORARY EASEMENTSI FORI PUMP STATIONS WHEREAS, The Cityi is preparing tos solicit bids fori its ARPA-funded "Pump Station Rehabilitation and Replacement" projectt tot upgrade or replace sewer pumps stations near Gallimore! Rd., Pisgahl Fish WHEREAS, the Gallimore! Rd. and Pisgahl Fish Campi projects both require property acquisition in WHEREAS, Thel Pisgah Fish Campi project will requiret the city top purchase a permanent easement: and at temporary construction easementi in the parkingl lot oft the Fish Camp restaurant;: and WHEREAS, The Gallimore Rd. project willi require acquisition ofat temporary construction easement onp parcel 8585-67-8032 owned! by Tore'sl Properties LLC, and acquisition ofaj permanent NOW,THEREFORE, BEI ITI RESOLVED BY THE CITY COUNCIL OF BREVARD, NORTH The City Manager (or his designee)i is hereby authorized to execute easement agreements with  Camp, and Wilson Rd.; and  the form ofp permanent and/or temporary easements; and  utilitye easement onp parcel 8585-76-0653 owned by" Transylvania County.  CAROLINATHAT:  thea abovel listedp property owners. Attest: Denise! Hodsdon, CMC, City Clerk  Approved anda adopted this 18th day of November,: 2024.  s/ Maureen Copelof, Mayor  K-4. Council Public Works & Utilities Committee Meeting Minutes-  September 3, 2024 L.U Unfinished Business  L-1. Proposed City ofl Brevard Unified Development Ordinance Text Amendment rel Pisgah Gateway District- Emily Brewer recalled that Council held public hearings on thej proposed text amendment and Zoning Map amendment ati its November 4, 2024 meeting. Thisi isas staff-initiated rezoning: and text amendment to create a new district, thel Pisgah Gateway Mixed Use (PGX) district. She explained that to adopt PGX, Council would need to make two separate motions: one for thet text amendment and another for ther map amendment and eachl has two separate recommendations for consideration. The two recommendations. for thet text  amendment: are:  SlafRecommendation and Rationale Places ofWorship Not Permitted worship as' "unfavorable Front Setback-1 15 feet High traffica area with a significant right-of-way Aligns with! NMXI requirements Planning Board Recommendation: and Discussion Places of Worship - Permitted by-right Front Setback - Edge of right-of-way  Community: inputi identified religious institutions and places of  Places ofv worship are permitted in NMX and DMX  Minutes Brevard City Council Meeting November 18,2024  Page 4of11    595  Allowing buildings tol be placed at the right-of-way will create an Prioritizing walkability along major thoroughfares Mr. Morrow moved, seconded by Mr. Daniel to approve the text During discussion, Mr. Baker said he preferred thes setback recommendation from thel Planning Board, which he felt! better fit thei idea ofa gateway and the effect ofe enteringa city. Ms. Holder said: she was noti in favor of not permitting places of worship. Vote on the motion was 3i in favor (Morrow, Daniel and Wise); 2 opposed (Baker and Holder). The motion carried. AN ORDINANCE AMENDING MULTIPLE CHAPTERS OF1 THE CITYOF BREVARDI UNIFIED DEVELOPMENT ORDINANCE1 TO CREATE THEI PISGAH GATEWAYI MIXED USE ZONINGI DISTRICT. AND ASSOCIATED REGULATIONS WHEREAS, the: areai int the vicinity oft the US 64/US 276, /I NC 280i intersection and the entrance toF Pisgah! National Foresti isal unique urbanl location within the City ofE Brevard, providing an entrance WHEREAS, the City ofE Brevard Planning Board! has recommended that thel Brevard City Code, Unified Development Ordinance bea amended too create thel Pisgah Gateway Mixed Use (PGX): zoning districti inc order toc codify context-sensitive regulations fort this important area; and, WHEREAS, the City Council oft the Cityo ofE Brevard finds that the proposed: amendment is consistent with the following elements oft the City ofE Brevard Comprehensivel Land Use Plan Building  enhanced" "gateway feeling"  amendment written by Staff.  ORDINANCE NO. 2024-43  into the Pisgah National Foresta as well: ast the City ofE Brevardi itself, and,  Brevardz 2030:  Recommendation Land Use & Housing 10: Establish. zoning overlay districts WHEREAS, aj public hearing was conducted on Monday, November 4,2024, byt the Brevard City Council, and, after hearing all persons wishingt to comment, and upon review and consideration ofthe proposed amendments, itist thec desire oft the City Council ofthe Cityo ofE Brevard that the Unified NOW,THEREFORE, BEI IT ORDAINED BY1 THE CITY COUNCIL OF1 THE CITY OF BREVARD, SECTION: 1. Brevard City Code, Unified Development Ordinance isl hereby: amended as depicted SECTION2.A Ast toa any conflict between this Ordinance and: any parts ofe existing ordinances, the SECTION 3.I Ifany section, subsection, paragraph, sentence, clause, phrase or portion oft this Ordinance isf fora any reason heldi invalid or unconstitutional by: any court of competent jurisdiction, such portion shall bec deemed severable and such holding shall nota affect the validity oft thei remaining portions SECTION4 4.1 This Ordinance: shalll bei inf full force andi ine effect from: and after the date ofits  fort the Asheville Highway Corridor and Pisgah Forest Area.  Development Ordinance! be amended as outlined below.  NORTH CAROLINA THAT:  inE Exhibit A, whichi isa attached hereto and incorporated! herein by reference.  provisions oft this Ordinance: shall control.  hereof.  adoptiona and approval.  Adopted and approved this the: 18th day of November: 2024.  Attest: Denise Hodsdon, CMC, City Clerk Approved ast to Form: Mack McKeller, City Attorney  s/ Maureen Copelof, Mayor  L-2. Proposed City of Brevard Zoning Map Amendment re Pisgah Gateway District- Emily Brewer explained that thet two recommendations fort the Zoning Map  amendment are as follows:  Staff Recommendation and Rationale  Entire areaj presented - Include Deavor Road in PGX, Single-family! homes Recommendation to rezone all of the property in the area tol PGX: Aligns more with thel Future Land Use Map Minutes Brevard City Council Meeting- November 18,2 2024  not] permitted  Page5of11    596  Aligns with the architectural character area endorsed by Removes split-zoned properties (clearer, more objective Existing single-family! homes and manufactured homes are grandfathered: in and allowed toi improve /e expand their homes  Council in) June standards) (Section 14.2)  Planning Board Recommendation and Discussion  Entire area except frontage on Deavor Road -1 Do not rezone properties on Deavor Road, remain RMX where single-familyl homes are permitted Concern that the few single-family homes on Deavor Road would bel limited in improving their homes/upgradingi their  manufactured homes  Mr. Morrow moved, seconded by Mr. Wise to adopt the Zoning Map amendment  recommended by Staff. The motion carried unanimously.  ORDINANCE NO. 2024-44 AN ORDINANCE AMENDING THE CITY OFI BREVARD OFFICIAL ZONING MAP TO CREATETHE PISGAH GATEWAY MIXEDI USE ZONING DISTRICT  WHEREAS, the: areai int the vicinity ofthe US 64 /US276/ /NC 280 intersection: and the entrance toP Pisgah! National Foresti isal unique urban! location withint the City ofE Brevard, providing ane entrance WHEREAS, the City of Brevard Planning Board! has recommended that the Brevard City Code, Unified Development Ordinancel be: amended toc create the! Pisgah Gateway Mixed Use (PGX) zoning districti inc order to codify context-sensitive regulations fort thisi importanta area; and, WHEREAS, the City Council oft the City of Brevard finds that the proposed amendmentis consistent with the! followinge elements oft the City of Brevard Comprehensive Land Usel Plan Building  into thel Pisgah National Forest as well ast the City of Brevard itself; and,  Brevard. 2030:  Recommendation Land Use & Housing 10: Establish zoning overlay districts Future Land Use Map identifies parcels in this area as a mix of Major Activity WHEREAS, ina accordance with North Carolina General Statute 160D-605, thel Brevard City Council finds that this proposedz zoning mapa amendment ist reasonable due to the following factors: Thel location oft the proposed zoning districti is centered around thee entrance tot the Pisgah The size oft the proposed rezoning diminishes any spot zoning concerns. Therei isas strongr relationship! betweent the currently allowed uses and thea allowed uses of The new district! benefits landowners by replacing: ani inappropriate downtown-focused Conditions: att the US64/US276/NC2801 intersection willl bec changing due tot thel NCDOTI R- Itisi int the publici interest too create ar more context-sensitive: zoningo district for this area asi it iso one ofthep primary gatewayst to our community, heavily trafficked by residents and visitors Thel Plani is consistent with the: abovee elements oft the Comprehensive Land Use Plan and the WHEREAS, aj publicl hearing was conducted on! Monday, November 4, 2024, byt thel Brevard City Council, and, afteri hearinga allp persons wishingt to comment, and upon review and consideration oft the proposed: amendments, iti ist the desire oft the City Council ofthe City ofE Brevardt that the Official Zoning NOW,THEREFORE, BEITO ORDAINED! BYTHE CITY COUNCIL OF THE CITY OF BREVARD, SECTION: 1.Thez zoningo classification oft the parcels identified by the Parcel Identification Numbers (PINs) belowi ish hereby rezoned to Pisgah Gateway Mixed Use (PGX) as depicted in ExhibitA At to  for the Asheville Highway Corridor and Pisgah Forest Area. Center, Urban Corridor, and Conservation Design.  Nationall Forest. the proposed new district.  districtv with al more context-sensitive district. 57991 intersection improvement project.  alike. Futurel Land Usel Map.  Mapl be: amended: aso outlinedi below. NORTH CAROLINA' THAT:  this Ordinance, whichi isa attached heretoa andi incorporated herein by reference:  Minutes- Brevard City Council Meeting- November 18, 2024  Page6 6of11    597  8597-45-0298-000, 8597-45-1544-001,8597-45-2252-000 8597- 45-2811-000, 8597-45-3585-000, 8597-45-4145-000,8597-45- 6400-000, 8597-45-7490-000, 8597-45-7785-000, 8597-45-8002- 000, 8597-45-9061-000,8 8597-46-3093-000, 8597-46-7468-000, 8597-47.3949-00,859747.721000.85975+1925-00,8597- 54-2869-000, 8597-54-3864-000, 8597-54-4908-000, 8597-54- 5783-000,8 8597-54-5936-000,8597-546984+000,8597-54-8650- 000, 8597-54-8898-000,8597-54-8900-000,8597-54-9896-000, 8597-55-1410-000, 8597/-55-1810-000,8597-552546.000, 8597- 55-2991-000,8597-55-3136-000, 8597-55-3428-000, 8597-55- 3549-000, 8597-55-4424-00.8597-55-5313-00, 8597-55-5503- 000, 8597-55-5681-000,8597.55467.00.8597-561525-000, 8597-56-4170-000, 8597-56-4615-00,8597-57-0292-00, 8597- 57-7985-000, 8597-64-1942-000, 8597-64-2864-000, 8597-64- 3698-000, 8597-64-4657-000, 8597-64-4992-000, 8597-64-5558- 000,8 8597-64-5877-000, 8597-64-5877-000, 8597-64-6683-000, 8597-64-6737-000, 8597-64-7555-000, 8597-64-7714-000, and  8597-64-8466-000.  SECTION2 2. Thel Planning Directori isl hereby authorized: and directed to modify the City's Official Zoning Map, Comprehensive Land Usel Plan, and Future Land Usel Mapc consistent with this Ordinance. SECTION3.A Ast to any conflict between this Ordinance and any parts ofe existing ordinances, the SECTION 4. Ifanys section, subsection, paragraph, sentence, clause, phrase or portion oft this Ordinance is for any reason heldi invalid or unconstitutional by any court ofc competent jurisdiction, such portion shalll bec deemed: severable and such holding shall not: affect the validity oft the remaining portions SECTION 05. This Ordinance shalll bei inf full force: andi ine effect from and after the date ofits  provisions oft this Ordinance: shall control.  hereof.  adoption and approval.  Adopted anda approved this the 18th day of November 2024.  Attest: Denise! Hodsdon, CMC, City Clerk Approved ast to Form: Mack McKeller, City Attorney  s/Maureen Copelof, Mayor  nm At6:51 PMI Mayor Copelof called fora a ten-minute break n  M. New Business  M-1. Approval of Settlement. Agreement: and Purchase of Robert Bauslaugh Property: at 287 W. Main Street Attorney McKeller explained thati in 2021 the City filed an action for eminent domain to acquire a thin strip of property near 287 W.I Main St. for the Estatoe' Trail from Main Street toward thel Mary C. Jenkins Center. The City deposited $53,000 in escrow with the Court: as compensation for thet taking, based on an appraisal of the property at the time. Thej property owners disagreed with the appraised value andi initiated al legal action against the City contestingt the taking. Following mediation: and reappraisal of the property, the City and the property owner The City shall pay an additional $147,000 toj purchase the property and receive the other considerations in the settlement. This makes the final purchase price Landowner agrees to convey in fees simple thej property displayed as' Tract 1i in the map below, which includes the original trail right-of-way and an additional area at The City agrees toj permita a future curb cut near 287 W Main St. for future development oft the property andt to allow motorized vehicles to cross the bike path The City agrees to build a fence along the entirety of thel bike path separatingi it Thel Landowner agrees to release the City from all claims relating to, ora arising out  came to as settlement agreement as follows:  $200,000.  thes south end oft the property. att that location.  from the adjacent 287 W. Main St. property oft the civil action andt the taking oft the easement.  Minutes- Brevard City Council Meeting- November 18,2 2024  Page7of11    598  Thel Landowner grants the Cityac one-time right of first refusal to purchase the vacanti remnant parcel adjacent to which thel bike path will run ifthel landowner receives and accepts al bona fide offer to purchase that property.  LEGEND:  47  Remainder  Acres  Mr. Hooper provided two options for funding the: additional $147,000. The first was tot takei itf from unobligated Fund Balance, but Mr. Hooper cautioned that we need to preserve those funds to make upf for anys shortfalls that we might experience as a result of the storm. His recommendation was Option 2, which was to takei it from the fund  established for development oft the Estatoe' Trail.  Mr. Morrow moved, seconded by Mr. Wise to approve the resolution to accept  thes settlement agreement. Thei motion carried unanimously.  RESOLUTION NO. 2024-55  APPROVING' THE TERMS OFAS SETTLEMENT AGREEMENT BYANDI BETWEEN CITY OF BREVARD. ANDI ROBERTI BAUSLAUGH REGARDING PROPERTYAT287 WEST MAIN: STREET  WHEREAS, the Cityf filed condemnation: action 21 CVS 381 ("Civil Action')int the Transylvania Superior Court onA August3 31, 2021 against Robert A. Bauslaugh and Annel P.C Chapin relatingt top property WHEREAS, pursuant to G.S. 40A et. Seq. the City, throught the Civil Action, acquired ane easement WHEREAS, the City deposited Fifty-three Thousand ($53,000) Dollars with the Court as estimate WHEREAS, defendant Anne P. Chapin passed away onj January 26, 2024 and heri interesti int the WHEREAS, the Citya and Robert Bauslaugh have come toas settlement: agreement. NOW,' THEREFORE, BEI ITI RESOLVED BY1 THE CITY COUNCIL OF BREVARD, NORTH SECTION1 1. City Councill hereby approves thet terms oft the attached Settlement. Agreement by SECTION2. Brevard City Councill hereby designates the Mayor tos signa and execute the  at2 2871 West Main Street; and  int the Property fort the construction ofap public bicycle path; and  ofj justo compensation;: and  property passed to Robert Bauslaugh by operation ofl law; and  CAROLINATHAT:  andl between the Cityo ofE Brevard: and Robert A. Bauslaugh.  Settlement. Agreement.  Minutes Brevard City Council Meeting November 18, 2024  Page8of11    599  Approved: and adopted this 18th day of! November, 2024.  Attest: Denise Hodsdon, CMC, City Clerk  s/Maureen Copelof, Mayor  Ms. Holder moved,: seconded by Mr. Morrow to fund the $147,000 from Staff's  recommendation of Option! 2. The motion carried unanimously.  ORDINANCE NO. 2024-45 CAPITALPROJECT ORDINANCE TO AMEND ORDINANCE NO.2024-10 ESTATOETRAIL PROJECT  BEIT ORDAINED by 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 ish hereby  amended:  Section 1:The! budgeted expenditures and revenues listed undert the ordinance 2024-10 willl be Section 2: Thel Project involves the City obtainingi portions the Bauslaugh property, (as detailed int the Settlement Agreement) located: at 287 West Main Street for the purpose of completing the section oft the Estatoe Traill between Main Streeta andt the Mary C.J Jenkins Community Center.  increased by $147,000.  Section: 3: Thef following amounts are appropriated for the project:  Account Number 78-6300-4400  Account Name Estatoe' Trail Project  Budget Amount $147,000 $147,000 Budget Amount $147,000 $147,000  TOTALI PROJECT APPROPRIATION  Section 4: The following revenues are anticipated tol be: available for the project:  Account Number 78-3990-0000  Account Name Fund Balance  TOTALPROJECT REVENUE contractual: agreements, ifapplicable. and orderly and timely manner.  Section 5: The Finance Director is hereby directed to maintain within the capital project fund sufficient specific detailed accounting records to satisfy the disclosure requirements of all the Section 6: Funds may be advanced from the General Fund or from any Enterprise Fund as necessary for the purpose ofr making payments as due. Reimbursement requests shall ber madei in Section' 7: The Finance Director is directed tor report, on a quarterly basis, on 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 ADOPTED! byt the City Council oft the City of Brevard, North Carolina, ont this 18th day of  ofeach! projecte elementi in Section: 3: and Section 4.  Board.  City Manager for direction inc carrying outt thisp project.  November, 2024. Attest: Denisel Hodsdon, CMC, City Clerk Approved ast to Form: Mack! McKeller, City Attorney  s/Maureen Copelof, Mayor  N. Remarks/Future Agenda Considerations.  Mr. Baker noted that there ares some large properties within city limits that are currently vacant and! havel been for some time. Those properties are the former K-Mart and Bi-Lol buildings, and they have thes same owner. Hei requested a Staff presentation to Council for open discussion about] potential strategies for dealing with properties  Minutes Brevard City Council Meeting- November 18,2 2024  Page9of11    600  thata are left vacant fora al longt time. He mentioned thati int thel lasty year two former council members were hitl byac carv while riding their bike. He said we don'ttalkal lot aboutt thesei incidents, and thisi is ar reminder that we have more work to do on bicycle safety andi iti isar reason tol keep plugging alongo on thei multi-use path so people can walk and bikes safely. He said he was thankful for the massive housing effort that has gone intol helping thef families that werei impacted by the storm. Housing has been a slow- motion crisis fora a long time, and iti is obvious to us when! 53 families are affected bya horrible storm. Itisl less obvious when someone loses theirj job orl has a medicali issue thata affects their ability toj payf for housing and they cannot find another place tol live and havet to move out oft the city. He expressed pridei in Council's support ofh housing issues overt the past fewy years, butt thought thel hurricane andi its impact should mean wel have more focus ont that in the future. He thanked the County Commissioners for Mr. Morrow commended Mayor Copelof for heri impressive report on Hurricane Helene recovery. Hei mentioned that NCDOT willl be giving ai report this' Thursday: ata combined: meeting oft thel Land of Sky RPO: and the French Broad River MPO. Ms. Holder agreed with Mr. Baker's comments regarding housing. She repeated her concerns about safetyi issues att the W. Main St. and Oaklawn Ave. intersection. Mr. Wise echoed Mr. Baker's comments. He commented that al lot has happened in our country since we lasti met here and reminded everyone that local government is whatr really powers our communities. He: saidi iti is fantastic to see people here and talking to us, because we cannot make decisions without you, and we want to listen, and Mr. Hooper welcomed the City's newest staff member, Assistant to the City Manager Selena Coffey. He alsoi informed Council that after 40-plus years, Wastewater Treatment Plant ORCI Emory Owen has announced he will be retiring in the spring. Mayor Copelofs said wel havet the most remarkable community. We are doing morei in our county and our city tot take care ofc our people than: any of the 23 other counties and 40 or SO other municipalities that were at that regional meeting. Iam proud oft the companies andi non-profits that have stood up, and of our staff going outo of their way. The City and the County havel been aligned and partnered on this fort thel last 50 days and collaborating with all these partners has allowed us to focus on creative solutions. She thanked Staffand thel Military Museum fora a wonderful Veterans Day  approving some help to extend water and: sewer tol Pisgah Labs.  we need tol be, your voice.  ceremony. She announced several upcoming events for the week.  0. Closed Session  0-1. Potential Litigation: NCGS $143-318.11.0)03) - At7:38 p.m. Mr. Baker moved, seconded! by Ms. Holder to go into closed: session to discuss aj potential litigation matterand to clear Council Chambers. The motion carried unanimously. Authorized tor remain for the closeds session with Council andt the Attorney were City Manager Wilson Hooper, City Clerk Denise Hodsdon andl Planning Director Paull Ray.  Council Returned tol Regulars Session - At7:52 p.m. Council resumed the meeting inr regular session. No official action was taken in closeds session: and thei minutes oft the 0-2. Pending Litigation: NCGSS $1931B1L00)-At732 p.m. Mr. Wise moved, secondedl by Mr. Morrow to go into closed session to discuss pending litigation matter City of Brevard et al Vs. HCA et al. The motion carried unanimously. Authorized tor remain for the closed: session with Council and the Attorney were City Manager  closed session are authorized tol be: sealed.  Wilson Hooper and City Clerk Denise Hodsdon. closed session are authorized' tol be: sealed.  Council Returned to Regular Session - At 8:05 p.m. Council resumed the meeting inr regular session. No official action was taken in closed session and the minutes oft the  Minutes Brevard City Council Meeting- November 18, 2024  Page 10of11    601  0-3. Personnel and/or Employment: 651433181L0000: -At8:05 p.m. Ms. Holder moved, seconded by Mr. Morrow to goi into closed: session to discussa a personnel matter. The motion carried unanimously. City Clerk Denise Hodsdon was authorized tor remain for the closed: session with Council andt the Attorney. Council Returned tol Regular Session - At 8:12 p.m. Council resumed the meeting in regular session. No official action was takeni in closed session and the minutes ofthe P. Adjourn - There being no further business, at 8:12 p.m. Mr. Baker moved, seconded byl Mr. Morrow, to adjourn thei meeting. The motion carried unanimously.  closed: session are authorized to bes sealed.  aelenin Maureen Copelof Mayor  Bmiudlaum Denise Hodsdon, CMC City Clerk  Minutes Approved: December 2.2024  Minutes Brevard City Council Meeting- November 18,2 2024  Page 11of11    602  AMTTOMNUPITENN    BREVARD NORTH CAROLINA  Hurricane Helene Recovery Update  MayorMauren.Copalor November2024  Emergency Housing  Approximately 52 homes substantially damaged in COB/ETJ - Families initially in emergency shelter, staying with friends, E BMC provided temporary housing for 15 families  Housing not heated: soi families need to move by early December  remaining in damaged homes, STRS  FEMA provided initial $750 emergency funds, housing vouchers  and instituted the direct lease program 111 local properties approved for direct leasing Sunset Motel accepting housing vouchers  BREVARD  OFFICEOFT THE MAYORI2  lemporary Housing Task Force  Transylvania County City of Brevard Habitat for Humanity  Housing Assistance Corporation (HAC)  Platt-- Helene Emergency Assistance Longtime (HEAL)  EIC Centro Sycamore Builders Brevard Music Center Amy Fisher BREVARD  Builders Association of the Blue Ridge Mountains  OFFICEOFT THE MAYORI 13    Long Term Temporary Housing  Habitat arranged 6 campers from Operation Helo, 1 additional from donor  - Arrived Nov gth, Families already moved in. 8Campers purchased by Platt HEAL & managed by HAC 1trailer from Baptist Home Mission Consolidated list of families from FEMA, HAC, El Centro, Habitat. Almost everyone onl list now has temporary! housing Mays stilll be more who have nots signed up Working one on one to situate families in trailers or houses 131 families placed inl local homes for long term rental Goal is to move families out of BMC by end of month  16f families into trailers  BREVARD  OFFICEOF THE MAYOR 14  Regional Helene Recovery Meeting Convened by NCLM and NCACC  Mayors, Chairs of County Commissions and Managers from WNC State Legislators, Governor Cooper, FEMA Administrator, NCEM Chief of Current status (as of Nov gth): 273 roads still closed; 18 water systems still boil advisory; 15 WWTP various states of disrepair (3 no power; 5 closed Look at: Immediate Needs (Response); Intermediate Needs (Recovery);  Staff, Senator Tillis significant damage) Future Needs (Rebuilding)  BREVARD  OFFICE OF THE MAYORI5  Land of Sky Buncombelranyvane, Henderson &  Madison Counties) Priorities  Immediate funding for government, individual and businesses Cash flow issues; reduceds sales taxes; waived fees; businesses loss ofr revenue; Grant funding neededi in! NCS Supplemental Funding Bill. Follow COVIDE example  SBA funding needed atf federal level  Housing  FEMA regulations; time delay with programs; not enough contractors ore engineering expertise Longterm assistance: Revamp LIHTC; Reinstate statel level funding programs; Water & Sewer Repair & Replacement & Resiliency Whato do we dos soi it doesn't happen again? Interconnections. Eliminate single points ofi failure. Other Infrastructure (roads, bridges, communication systems)  Need to cut the red tape. Eliminate middle man.  Satellite communication versus fiber?  Debris Removal BREVARD  OFFICE OF THE MAYOR 16    Other Issues  Mental Health services needed. C Grant writing assistance. Regional Coordination. Extension of PA and IA deadlines  Technical assistance to comply with FEMA programs.  Relaxing of NCDOT and DEQ procurement requirements Focus on Climate Resilience & Mitigation efforts  BREVARD  OFFICE OFT THE MAYOR 17  Leadership Comments  FEMA Administrator: Flexibility in system. Ify you find creative solutions Governor Cooper: Over $53B in damage. Need GA to approve grants to small businesses not just loans; state needs to front the money for Hazard Mitigation Grant Program, recoup from Federal Govt later. Push GA for COVID like programs. This taking big portion of this years and future years Senator Tillis: Most deadly and damaging storm in NC. Think long term. Need to look regionally. Forge new partnerships. Redefine what recovery looks like. Need swift, decisive government. Use COVID relief programs as examples. Get private sector investment. We need a new model.  challenge her team on authorities.  budgets.  BREVARD  OFFICE OF THE MAYOR 18  Next Steps  Immediate:  Review need for additional temporary housing COB Submission of PA: request. COB repair ofi infrastructure  Assisting families with navigating the process. Nov: 215t Information Meeting  Long Term:  COB review ofi infrastructure for esllence/strengthening underway Lobbying State Representatives for measures Governor Cooper mentioned  Lobbying Washington for SBA funding and robust funding of CDBG-Disaster Recovery Grant program  BREVARD  OFFICE OFT THE MAYOR 19