615 MINUTES BREVARD CITY COUNCIL Regular Meeting January6 6,2025-5:30PM The Brevard City Council meti ini regular session on Monday, January 6, 2025, 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 to the City Manager Selena Coffey, Human Resources Director Kelley Craig, Planning Director Paul Ray, Assistant Planning Director Aaron Bland, Senior Planner Emily Brewer, Planner Stephanie Holland, Communications Coordinator Becky McCann, Police ChiefTom) Jordan, Fire Chief Bobby Cooper, Wastewater Treatment Plant ORC Emory Owen, Community Center Director Tyree Griffin, Police Captain Aaron' Thompson, and Police Department Evidence 5:30 p.m. in the Council Chambers of City Hall with Mayor Copelof presiding. Members Mac Morrow, Aaron Baker, Lauren Wise and Pamela Holder Collection' Technician Eden Hinds Press- - Dave Bradley, Transylvania Times. A. Welcome and Call to Order- Mayor Copelof called thei meeting to order B. Invocation - Rev. Bob Renjilian ofl Unitarian Universalists ofTransylvania C.P Pledge of Allegiance - Mayor Copelofledt the pledge of allegiance. D. Certification of Quorum - City Clerk Denise Hodsdon certified thata E. Approval of Agenda - Mr. Morrow moved, seconded by Ms. Holder to and welcomed those present. County offered ani invocation. quorum was present. approve the: agenda as presented. The motion carried unanimously. F. Approval ofl Minutes F-1. December 2, 20241 Regular Meeting- - Mr. Baker moved, seconded by Mr. Wise to approve the minutes of the December 2, 2024 Regular Meeting as presented. The motion carried unanimously. G. Public Comments Dr. Paula Hartman-Stein, Age Friendly' Task Force Coordinator, distributeda written summary of the Age-Friendly Brevard program for 2024 (a copyi is on filei in the Clerk's office). Shes said we: arel living through al longevity revolution, yet our culture is relentlessly negative abouta aging. Even though our survey: showed that most people in Brevard don'tfeel that they! have experienced: ageism, can tell you first hand that students thatl Itaught atl Brevard College have deeply-held ageist beliefs. Four months later, following one-on-one discussions with older adults, 70% oft the responses were positive. In 2023 only 1 of 40 nursing students at BRCC wanted to work with older adults. Could age-friendly programs make a difference? Ithink they do and have. Year one ofo our program focused on the domains oft respect, communication: andi information, and community health. We offered 17 different sessions, including 81 life-long learning programs and' 9 support groups, totaling 410 contacts. Wel have more to do and with your support ofo oura action plan, we'll accomplish al lot more for all ages, all stages oflife. IfIhave a sayi in the programs, just maybe we'll reduce the ageism present in our young adults who receive their education here. 616 Rebecca Chaplin, AARP Associate State Director, said as your AARP staff delegate, Iam joined todayl by committed volunteers and community members to ask fory youre endorsement oft thea adoption oft thel Brevard. Age Friendly Action Plan, because it'sr really good. Ihaves seen al lot ofaction plans and this one really summarizes the needst that were expressed! in thes survey. The 8 domains ofan Age Friendly Community are: social participation, civic engagement, respect andi inclusion, outdoor spaces, transportation, housing, community andl health services, and communication and information. Ithink we can all accept that enhancements and improvements in all of those areas willi improve the quality ofl life for all ages and all ability levels. An Age Friendly Communityi ist trulya a community for all ages. This action plan chooses tof focus on 5ofthose domains: affordable housing, transportation, community: and health services, communication andi information, and outdoor spaces. Each oft these domains bringi in al benefit tos sociali inclusion, economic benefits, benefits to tourism, but really benefit the people who already livei inl Brevard. WhatImostly wantt to doi is congratulate this diverse task force that has worked hardi in a short amount oft time to create this plan. Isee thati itl builds onj your Master Plan, your Pedestrian Plan and affordable housing plans, andi itp paves the wayf for the future. You have already joined the network: and there's benefits tot that, like becoming a network with other communities nationwide who arel like-minded. But, now that youl have this focused action plan, ito can increase grant funding opportunities, asl Ihave seeni in other communities, andi ito can also really focus efforts andi improve community collaboration. Iam! here to endorse the plan andl lety youl know thati itisa a really good one relatively, to thank those members oft the task force that putt this together, and to thank youi in Sara Knapp of 78 Bruce Circle, Pisgah Forest saidi itl has been my pleasure to have been part of the Brevard Age Friendly' Taskl Force andt to witness the evolution ofthe Age Friendly Brevard. Action Plan. This plan has evolved through gathered input from adults, aged! 50 and above, about Brevardl livability, and to formulate the results into action initiatives. Ihavel been happy top playar role inj particular in data analysis for the survey results andi more significantly, the plan has been the result of no small effort on thep part ofl Mayor Copelof, on the part ofTaskl Leader Dr. Hartman-Stein, as well as the other" Task Force members in terms of pulling the action plan together, finding: a wayt to actually help tos see a path forwardi in terms oft the Age Friendly initiative. What impresses mei mosti isl how well the: action plan actually melds with the current initiatives that the City has, particularly the Comprehensivel Land Usel Plan. Just that recognition that as wel look at thei issues associated withl being age friendly, those initiatives not only benefit older adults, but also benefit the community overall. As we look at thes specific needs perhaps related to older adults, we will see how the types of solutions in thej plan actually helps everyone in the community.young: and old. One of thel best benefits oft the Age Friendly Action Plani is the opportunity it gives members of the community to participate in city planning. Iknow that this opportunity has always existed, but for me, being part oft the' Task Force actually provides a very natural avenue in terms of understanding more deeply the City's priorities and howl I can be aj part of providingi input to those priorities. Iwillf feel as satisfying sense of participation whenl consult a new community calendar, use a new crosswalk or repaired sidewalk, or use alternative transportation to get to destinations downtown. These are just af few benefits! lanticipate as we become more entrenched in an: age friendly way oflife; the benefits will gradually grow and build upon each other. To me, Age Friendly Brevard is Kay Argroves 167 Hilt St. said Iaml here to ask yout to vote in the: affirmative for the Age Friendly Action Plan. Several ofu us locals approached thel Mayor requesting her tos see ifs she could support this and tol her credit, shel listened to us. Asal result oft the survey that looked at what thej population herei in Brevard wanted, some oft the activities that were reallya a lot of funi included: a 6-week wellness program that was opened upt to the community where they could have private consultations witha physical therapist, dental folks, thel Nursing School was involvedi ini it, and they could have their bloodj pressure checked. Ity was later turfedi into a support group after the hurricane. We alsol had a very dynamic program learning about GPT: and GPT4 and! had anticipation ofs your approval oft the plan. simply meant tol be. Minutes Brevard City Council Meeting January 6, 2025 Page2of14 617 thel IT cybersecurity from the] Jr. College come tot teach us howt tol bes safer with our internet browsing, which actually has al long-term effect because it builds in safety and lowers your responsibilities: and thel Police Department's responsibilities for scam issues. The' Taskl Force was very diverse; we had our Planning and' Transportation Director, as sociologist, Heart of Brevard was represented, we had 5 AARP volunteers,: a local physician, and when you looked att thes survey, we addressed then, and with our action plan, things thatt the community was concerned about in very creative ways. Dr. Hartman-Stein wrote several articles which garnered national attention and made Brevard look very good. Ican only telly yout thatland many of my compatriots here are very passionate and committed to this] program and we would request that you vote in Jeff Adams, Transylvania County Director ofTransportation, Planning and Community Development, said Iwant tot thank thel Mayorf fori including us in part oft this plan. Ithink why it'si important- - three things that Iwant you to remember - 1)just look at the data; we're the 6th oldest county, out of100 counties accordingt tot the 2020 census in thes state; 2)1 look at your key finds from your survey and notet that 70 of the 8, whether: itist the: ability to age inj place, affordable housing, transportation, conveniently located public parking, safetyi issues, adult daycare, they're all having to do with planning, transportation: and community development; and those are all things that drive me every day to thinka about to make better connections, and that's number: 3. I think ofi ita as an age spectrum andl Ithink some oft the earlier comments talked about whaty you do for thee elderly, you also do for they younger. What we're doing with this Task Forcei ist tol look at all the age spectrum and to think about planning in advance, whetheri it's with the City or with the County and those other agencies that need to be at the table tot think about our planning fort the future. Thank you and thanks for the Jeanne Denon of 2681 Fox Cross Dr. said Iam here tos support Dr. Paula Hartman- Stein's program. Ihave been participating andl havel benefitted greatly withl her program. Iams so thankful andi ifl canl benefit, Ithink the whole community can, solam thea affirmative tot this action plan. consideration. just here tos sayt thanky you and please consideri ita done deed. H. Certinlate/Awards/Recogautton-None- I.: Special Presentations- - None. J.I Public Hearing(s) J-1. Proposed Amendment to City of Brevard Fee Schedule - Utility Tap Fees- - Mr. Hooper explained that this proposed amendment to waive utilityt tap fees would only bea available for temporary usesi intended to: support the response and recovery ofa" "state ofemergency". The amendment isaf footnote to the Fee Schedule as follows: "During a' "State of Emergency" as defined by Chapter 21.2 oft the Brevard Unified Development Ordinance, the Zoning Administrator may temporarily waive such fees for temporary uses associated with emergency response andi recovery: as described in Chapter 21.3 of the UDO. The duration of the waiver: shall correspond with the duration of the State of Emergency, after which the fees must be paidi in full or ther meters recovered and the utility access terminated." Mr. Hooper added that anyone applying for this waiver would be required to complete a waiver application and acknowledge that should thet temporary use become permanent, or cease to support response andi recovery, the waiver would nol longer be valid, and the applicant would be: subject to expiration provisions set out in the waiver. The duration oft the waiver corresponds with thel length oft the local State ofl Emergency declared under Chapter 21.2 ofthe UDO. IfCity Council were to extend the State of Emergency, the applicant would need to reapply fort the waiver. When the tapl loses its waiver eligibility, the applicant would have 30 days to pay the fee in full. Ifnot paid Minutes Brevard City Council Meeting- January 6, 2025 Page 3of14 618 within 30 days, thei meter willl be: subject toi immediate recovery by the City and the service willl bet terminated. At 6:02) p.m. Mr. Morrow moved, seconded by Mr. Daniel to open the public hearing. The motion carried unanimously. PublicP Participation - None. At 6:02 p.m. Mr. Morrow moved, seconded by Ms. Holder to close thej public hearing. The motion carried unanimously. This item willl be added to Council's agenda 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. Morrow moved, seconded by Mr. Baker to approve the consent agenda. The motion carried unanimously. fora action at the) January 21,2025 meeting. K-1. Tax Settlement Report-November. 2024 K-2. Property Tax Releases-December, 2024 RESOLUTION2025-01 AR RESOLUTION. APPROVINGI PROPERTYTAXI RELEASES WHEREAS, The City ofE Brevardl has previously determined to collect property taxes for the City ofBrevard: and thel Hearto ofE Brevard, andi itist necessary tor release thel belows shown amount from the city NOWTHEREFORE BEITRESOLVED, BY THE CITY COUNCIL OF THE CITY OFI BREVARD, The Tax Collectori is hereby authorized tor remove December 2024 property values from thet tax tax records. NORTH CAROLINATHAT: scrolli int the amount of: 2024: $2.950.98 Adopted anda approved this the 6th day ofj January,2 2025. Attest: Denise Hodsdon, CMC, City Clerk s/ Maureen Copelof, Mayor K-3. Proclamation! No. 2024-26 May Declared State ofl Emergency- Tropical Storm Helene PROCLAMATION! NO. 2024-26 MAYOR DECLAREDSTATE OF EMERGENCY WHEREAS, on September 25, 2024 Governor Roy Cooper declared a statewide state of emergency in the! State of! North Carolina due tot the anticipated impacts from' Tropical Storm Helene; and WHEREAS, on September 25, 2024 Jason Chappell, Chairman oft the' Transylvania County Board of Commissioners declared a local state of emergency inclusive of all areas and townships inside the WHEREAS, on September 28, 2024 President Biden granted Governor Roy Cooper's request for aFederal Major Disaster Declaration for Tropical Storm Helene providing immediate federal help for 25 WHEREAS, as authorized! by Brevard Code ofOrdinances Chapter 26, Article1 1,Section 26.32,0 City of Brevard Mayor Maureen Copelof consented to the Transylvania County declaration of local state of WHEREAS, the State ofNorth Carolinal has vestedi int the City Council and, where So ordained, the Mayor the power to issue such proclamations and any subsequent proclamations that may restrict WHEREAS, 1, as Mayor, have adjudged it practical and expedient because of existing geographicl borders ofTransylvania County; and North Carolina counties; and emergency; and movement and othera actions during declared emergencies; and circumstances toc declare: ane emergency: andi issues sucha aj proclamation; and Minutes- Brevard City Council Meeting- January 6, 2025 Page4 4of14 619 WHEREAS, on December 2, 20241 Brevard City Council passed revisions to the Brevard Unified Development Ordinance, establishing Chapter 21 Emergency Response and Recovery, that would apply during certain declarede emergencies, addings stipulations for temporary housing: andr non-residential uses; WHEREAS, Chapter 21's emergency provision may not be applicable to alls states ofe emergency, NOW,THEREFORE, by the power vested inr mel byt the State ofNorth Carolina andj pursuant tot the City Code of Ordinances, Section 26.32, and Unified Development Ordinance, Chapter 21, I, Maureen Copelof, Mayor oft the Cityo ofE Brevardo dol hereby declaret thata as state ofemergency isi ine effecta and proclaim and andt thus Chapter: 21 includes ana additional and separate declaration procedure. the effectiveness ofe emergency procedures asf follows: This state ofe emergency is declared byt the Cityo of Brevard. 2. The state ofe emergency: shall retroactivelyl bei ine effect beginning on the 28th day of September, 3. Thes state ofe emergency covers the municipal boundaries ofthe City ofBrevard,: as wella as all 4. The City Manageri is hereby authorized tot takei necessary actions and expend City fundst to protect City facilities and thel health, safetya and welfare ofE Brevard citizens. 5. The state ofe emergency isi ine effect until the end oft the: state ofe emergency as declared' by the The City Clerka and other persons designated by me: arel hereby directed to disseminate this declaration tot the press and other news media and upone electronic distribution media 2024. City-owned properties and facilities. Mayor. controlled! byt the City ofE Brevard. Signedt this 27th day ofl December, 2024. Attest: Denise Hodsdon, City Clerk s/ Maureen Copelof, Mayor K-4. Resolution in SupportofTobacco, 21 tol Protect Our Kids from Vaping and Nicotine Addiction RESOLUTION NO. 2025-02 FROMI VAPING ANDI NICOTINEADDICTION RESOLUTIONI IN SUPPORT OF TOBACCO: 21TO1 PROTECTOURI KIDS WHEREAS, one ofe everyf five deathsi in North Carolinai is associated with cigarette smoking, and WHEREAS, as of2022, 27% ofhigh school: studentsi in! North Carolina report tobacco use. E- WHEREAS; nicotine isl harmfult to developing brains, and its use during adolescence cand disrupt the formation ofb braino circuits that control attention, learning, and susceptibility to addiction S,and WHEREAS, ina a 2020: study among! NCs schools, al high proportion ofs school administrator: and teacher respondents believed thate e-cigarette use: among students is somewhat or very problematic (91%6), and that student e-cigarette usei itisa as somewhat orl high priority issue for their school WHEREAS, most North Carolinay young people obtaint tobacco products, including e-cigarettes, from retailers. NCy young people who gete e-cigarettes from friends primarily get them from friends who WHEREAS, in 2019, Congress increased the federal minimum! legal sales age ofa allt tobacco products, including e-cigarettes, from 18to21. Whilear majority ofs states (43s states, as of October 2024) havei increased their minimum tobacco sales age to 21 tor match federall law, North Carolina's minimum WHEREAS, havingt the: same legal sales age: at2 21 for alcohol and tobacco products reduces the WHEREAS, North Carolina isc one ofo only 9: states int the country that do not requiret tobacco fore each death, 30r more people are sick orl live withad disability? 2;a and WHEREAS, 95% oft tobacco users start! before the age of213; and cigarette use has significantly increaseda amongs youth since 20114; and administration (90%)6; and areu under 217;and sales age remains 188,a and burdeno onr retailers; and retailers toc obtaina al license or permit"; and Minutes Brevard City Council Meeting- January6 6, 2025 Page! 5of14 620 WHEREAS, thel North Carolina ABC Commission is capable ofi implementing ane efficient and effective tobacco retailer permitting system! based ont thes system alsoi inp place for alcohol retailer WHEREAS, establishing: aretailer permitting system ANDr raising the minimum! legal sale age to permitting; and 21 will: Allowt the state tol know where tobacco products arel beings sold Allowt the state toi inspect for responsible retail practices Protect! law-abiding retailers by holding non-compliant retailers accountable Prevent and reduce youth usec ofhighly addictive nicotine products Helpe eliminatet the use ofe e-cigarette and other emerging nicotine products in schools Reduce any confusion among retailers and consumers byl having one legals sales age for state WHEREAS, Undert thel Federal Synarl law, states are expected tor reduce thei illegal sale oft tobacco products toi individuals under thea age of21. NC could! lose over $5.2 millioni ina annual fundingf from the Substance. Abusel Prevention: and' Treatment Block Grantr money (money! NC uses toj payf for drug treatment) through! penalties under the federal Synar amendment ifs sales tou underage youth are tool high NOW,THEREFORE, BEI ITI RESOLVEDI BYTHE CITY COUNCIL OF THE CITY OF BREVARD, Section 1. The City of Brevard: supports policy changes for North Carolina top protect our children andy youthf from vapinga andr nicotine addiction! by establishing: a tobaccor retailer permitting system, raisingt the minimum age ofs sales from 18 to2 21, and adopting other needed Improve merchante education efforts and federall law10,11;a and inr required annuali inspectionslz; and NORTH CAROLINA THAT: provisions oflegals sales oft tobacco products tor match federall law. Section 2. This resolution: shalll be effective upon adoption. Adopted and approved this the 6th day ofj January, 2025. Attest: Denise Hodsdon, CMC, City Clerk s/ Maureen Copelof, Mayor K-5. City Manager Employment. Agreement Amendments ORDINANCE! NO. 2025-01 AN ORDINANCE! FIXING COMPENSATION. AND OTHER TERMS FOR EMPLOYMENT FOR CITY MANAGER WILSON HOOPER WHEREAS, ina accord with Chapter 2,A Article IlI oft the Brevard City Code, the compensation ofthe WHEREAS, Council now desirest tos setf forth thet terms ofs such employment int this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BREVARD, SECTION 1. RATIFICATION AND CONTINUATION OF EMPLOYMENT. The compensation and other terms for employment for City Manager Wilson Hooper are hereby amended as set forth in the Employment. Agreement made: and enteredi intol byt the City ofE Brevard, North Carolina and Wilson Hooper, SECTION2. EFFECTIVE DATE. This Ordinance: shall bee effective as of] January1 1,2025. City! Manager ando other terms ofhis employment: aret tol be fixed by Ordinance;: and, NORTH CAROLINATHAT: whichi is attachedl hereto andi incorporated! herein! by reference. Adopted and approvedt this the 6th dayo ofj January, 2025. K-6. Finance Reportat September: 30,2024 Attest: Denisel Hodsdon, CMC, City Clerk Approved: ast to Form: Mackl McKeller, City Attorney s/ Maureen Copelof, Mayor K-7. Council Downtown Master Plan Committee Minutes-9/19/2024 Minutes- Brevard City Council Meeting- January 6, 2025 Page6of14 621 K-8. Council Finance, Human Resources & Citizen Appointment Committee K-9. Council Public Safety Committee Minutes-10/28/2024 K-10. Ecusta Trail Advisory Board Minutes-1 10/30/2024 K-11. Council Public Works & Utilities Committee Minutes-11/6/2024 K-12. Council Housing Committee Minutes-11/19/2024 K-13. Council Parks, Trails & Recreation Committee Mimutes-11/20/2024 K-14. Correspondence (No Action. Offered as information only.) K-14-a. ABCI Board Minutes-10/24/2024 Minutes-10/28/2024 L.U Unfinished Business L-1. Ordinance - Voluntary Contiguous Annexation Mills Ave Properties, LLC/Forest Hill Drive - Aaron Bland recalled that the request is to annex four vacant parcels on Forest Hill Drive. Thel Planning Board discussed this request ati its November 19,20241 meeting and voted in favor oft the request, and Council held aj public hearing on this petition ati its December 2, 2024 meeting. In response to ai request from Council Member Baker for supplementary! information onl how this annexation mighti impact trail development in the vicinity, Mr. Bland distributed information regarding an existing easement the City has between Forest Hill Road and property owned by the Board ofl Education. He noted that this easement ist three parcels south oft thes subject annexation area. Mr. Morrow moved, seconded byl Mr. Daniel to adopt the: annexation as presented. The motion carried unanimously. ORDINANCE NO.: 2025-02 AN ORDINANCETOI EXTEND1 THE CORPORATEI LIMITS OFTHE CITY OF BREVARD, NORTH CAROLINA WHEREAS, thel Brevard City Council hasb been petitioned under G.S. 160A-31,as: amended,to WHEREAS, the City Council! hasi by Resolution! No. 2024-47 directed the City Clerkt toi investigate WHEREAS, the Brevard Planning Boardr reviewed the Petitiona att their meeting held on November 19, 2024 and recommended: approval oft the voluntary contiguous annexation; and, WHEREAS, the City Clerk has certified the sufficiency of said petition (relying ont the opinion of the City Attorney): and the City Councila adopted Resolution No. 2024-48 fixinga a date ofp public hearing. Bya authority granted! by G.S.1 160A-31,ap public! hearing ont the question oft this annexation was held att the City Council Chambers at5 5:301 P.M. ont the 2nd day of December, 2024, after due notice by publication annex the contiguous area described herein, and, thes sufficiency ofs said petition; and, ont the 18th dayo of November, 2024; and G.S. 160A-31,as: amended. NORTH CAROLINA,THAT: WHEREAS, the City Council does hereby find asaf fact that thej petition meets the requirements of NOW, THEREFORE, BEI IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF BREVARD, Section 1. By virtue oft the authority granted by G.S. 160A-31, as amended, allo ofthat property lyingi in' Transylvania County, owned by Mills Avel Properties, LLC, as shown and being that property describedi int the deed recordedi inl Document Book 1035, Pages 743-745, int the' Transylvania County Register ofD Deeds and that certain plat provided by the Petitioners tob be duly recorded upon annexation isl hereby: annexed: and made: aj part oft the City of Brevard as oft the 6th day of] January, 2025. Saidp propertyi ist more fully describeda ast follows: Location: Forest Hill Drive, Brevard, NC: 28712. Transylvania County" Tax Property Identification Numbers: 8585-36-0021; 8585-35-0899-000; 8585-35-1747-000; and 8585-35- 1676-000 Minutes Brevard City Council? Meeting- January 6,2 2025 Page7of14 622 Property Description: Beginninga atab broken concrete monument! having North Carolina NAD 83/86 grido coordinates of North: 555675.23 East: 882903.55; said monument: standing S36049'51"Ead distance of 1,328.41 from NCGSI MONUMENT GEORGE which) has North Carolina NAD 83/86 grid coordinates of North: 556738.54 East: 882107.07 and 6.2' away from: ane existing utility polei in ther right ofv way for Forest Hilll Road;t thence! N7 72°35'30" Wa a distance of9.48't toad calculated point ont the old 45' right of way; thencel N2 22°22'36" Wac distance ofs 58.85' toa calculated point ont the old 45' righto of way; thence! N2 22022'36"1 Wac distance of3 30,91'to: ac calculated point on the old 45' right of way; thence witha a curve turningt tot the right with an arc length of27.95, witha radius of 289,00', witha a chord bearing ofl N 19°36'24" W, witha a chordl length of27,93, toa calculated point ont the old4 45' right ofv way; thence witha a compound curve turningt tot the right with ana arcl length of5 58.85, witha a radius of2 289.00', witha a chord bearingo ofN1 11°00'10" W, witha a chord length ofs 58.75', to ac calculated point ont the old 45' right of way; thence witha a compound curvet turningt tot ther right with: ana arcl length of58,87, witha a radius of289.00, witha chord bearing ofNO 00°39'58" E,V witha a chord length of5 58.76', toa a calculated point ont the old 45' right ofv way; thencel leavingt the old righto of way! N 42°42'28" Eac distance of1 18.15' toaj pointi in the center ofac ditch; thence down and with the center ofa ditch N70°17'08"1 Eac distance of 32.99' toap pointi int the center oft the ditch; thence N6 65°22'33" Eac distance of 44.58' to a pointi in the center ofa ditch; thence N3 39°05'26" Ea distance of1 19.33' toap point int the center ofad ditch; thence! N1 13°02'07" Wad distance of4 42.04' toap point int the center ofa ditch; thence N1 15-38'54" Ea distance of6 60.58' to aj point int the center ofac ditch; thence N2 27030'15" Ea distance of27.48' toap pointi int thec center ofac ditch; thence N 46°24'44" Ea distance of34.48' toaj pointi int the center ofa ditch; thencei NS 52°18'45" Eac distance of4 44.06' to aj pointi int the center ofac ditch; thence N6 63°35'23"1 Ea distance of24.90't toap pointi int the center ofac ditch; thence N6 68°35'48"E ac distance of34.51'toa a pointi int the center ofa ditch; thence N8 82°42'23" Eac distance of 18.77'to aj pointi int the center ofad ditch; thence N5 59006'04" Ea distance of1 10,91'toa a point where the ditch meetst the center ofBrushy Creek;t thence down and with the center ofE Brushy Creeks 31°45'09" Ea distance of62.74't toa aj point int the center ofE Brushy Creek; thence S3 36°59'42" Ea distance of95.95't toap point int thec center of Brushy Creek; thence S36°59'42"1 Ea distance of 76.42't toa a pointi int the center ofE Brushy Creek; thence S1 11000'05" Eac distance of 45.80' toa point int the center of Brushy Creek; thence! S: 19°22'35" Ea distance of32.79' toap point int the center ofE Brushy Creek; thence S3 38°07'26" Eac distance of24.16't toa aj pointi int the center of Brushy Creek;t thence! S58°35'26" Ea distance of37.39't toa a pointi int the center ofE Brushy Creek; thence S38046'28" Eac distance of1 17.91't toal pointi int the center of Brushy Creek; thences 38°46'28" Eac distance of1 15.80' to aj pointi int thec center of Brushy Creek; thence! S: 28°10'33"1 'Ea distance of1 121.25'1 toap pointi int the center of Brushy Creek; thence $22012'32"E Eac distance of 22.95' toa aj pointi int the center ofE Brushy Creek; thence S 09032'28" Ea distance of3.35' toa a point int the center ofE Brushy Creek; thence S09032'28" Ea distance of16.33't toap pointi int the center of Brushy Creek; thence! S1 18°24'11"1 Wa a distance of 35.66' toa aj point int the center ofE Brushy Creek; thence! S33°58'27" Wac distance of6 65.28' toap pointi int the center of Brushy Creek; thences 44°26'22"1 Wac distance of31.27't toap point int the center ofE Brushy Creek; thence S14019'46" Wa distance of29.38' toap point int thec center of Brushy Creek; thence leaving the center ofE Brushy Creek N7 77°32'22" Wac distancec of21.02' toap pointi int the center ofa ditch; thencel N7 70°38'59" Wac distance of1 156.06' toap pointi int the center ofa ditch; thence N 77°40'10" Wac distance of 71.18't toa 5/8" rebar; thence! N7 72°39'09" Wad distance of29.26' toa 5/8" rebar; thence! N 46°48'46"1 Wac distance of4 41.05' toa5/8" rebar; thence $89046'32" Wac distance of6 60.26' to 5/8" rebar; thencel N7 72°47'04" Wad distance of28.12't toa5/8" rebar; thencel N 72°50'41"Wa distance of3 30.42't toa abroken concrete monument; which ist thej place and point oft beginning: and containing Tracts 2A, 2B, 2C and 2D as shown onl Plat File 22, Slide 158, andl having an: area of Section 2. Upon anda after the 6th day of] January, 2025 the above-described territory andi its citizens and property shallb bes subjectt toa allo debts, laws, ordinances and regulations in forcei in the City of Brevard ands shall bee entitledt tot thes same privileges and benefits as other parts oft the City of Brevard. Also beinga allo oft that property describedi inaj plat prepared! by Michael A. Pfoutz, Sr., PLS for Mills Ave Properties, LLC, dateds September 27, 2024, and recordedi in Plat File 25, Slide! 5, oft the' Transylvania Section: 3. Pursuant to1 160A-29i its shall bet the duty oft thel Mayor oft the City of Brevard to cause ana accurate map oft the: annexedt territory as describedi in Section: 11 hereof, together with a duly certified copy ofthis Ordinance, tob bei recordedi int the office oft thel Register ofI Deeds ofTransylvania County, North Carolina, andi in the officed oft the Secretary ofs State at Raleigh, North Carolina. Such a map shall alsol be delivered tot the' Transylvania County Board ofE Elections asr required by G.S.163.288.1. 4.640 acres. Saidt territory shall bes subjectt tot thei municipal taxes accordingt to G.S. 160A-31. County Registry. Minutes Brevard City Council Meeting- January 6, 2025 Page8of14 623 Section 4. Notice ofa adoption oft this Ordinance: shall be published once, following the effective date ofa annexation, inar newspaper having general circulationi int the City of Brevard. Adopted: and approved this the 6th day of] January,2025 Attest: Denise Hodsdon, CMC, City Clerk Approved as to! Form: Mack McKeller, City Attorney M. Newl Business s/ Maureen Copelof, Mayor M-1. Age Friendly Brevard Action Plan Mr. Hooper explained that this isa follow up to Council's action in February 20241 toj pursue the AARP' "Age Friendly Community" designation andt to establish a task force to review the City's plans through an age-specific lens andi make recommendations: onl how to enhance those plans for the benefit oft the area'saging population. Council Member Wise: serves on the Age Friendly Taskl Force ands summarized the Age Friendly Brevard Action Plan 2025. He noted that while thisl has an age-friendly focus, thei intent ofit willl benefit everyone in our community. He explained that the primary goal oft the Task Force was tos survey residents over 50 years ofa age and use that information to create an: action plan to give the City greater insight into the concerns and needs oft this group. Additionally, the Taskl Force conducted fourl listening sessions open to all members oft the community. The Age Friendly Brevard. Action Plan 2025 focuses on! 5 of the 8 AARP domains of livability:! housing, transportation (including walking, bikinga andj public transit), outdoor spaces, health services and community supports, and communication and information. Mr. Wise: said we: are: asking City Council to accept this report because the value ofthis document, outside ofb being: able to participate in the AARP Age Friendly Communities program, is to ensure the: strategic priorities that Council hasi identified and enumerated in our Comprehensive Land Use Plan are aligned with the needs of our community. This plan should be viewed as a usefull looki into this specific community needs, but as a whole, as a support document for the entire Comprehensive Land Use Mr. Morrow moved, seconded by Ms. Holder to adopt thei resolution to accept the Age Friendly Action Plan. During discussion Mr. Baker and Mr. Daniel had a number of questions regarding where this project would interact with current city plans/priorities and whether work wouldl be done through the committee. structure. Mr. Hooper said he sees this document as a supplemental document, and that accepting the plan would not bea al blanket permission toi implement anything, but permission to consider it, and that the Task Force would work witht the existing committees to work through the details. Vote ont thei motion was 4i in favor and 1 opposed (Daniel); the motion carried. Plan. RESOLUTION! NO. 2025-03 RESOLUTION. ACCEPTING. AGEI FRIENDLYI BREVARD. ACTION PLAN2025 WHEREAS, ati its meeting on February 19, 2024 Brevard City Council: adopted Resolution No. 2024-08 approving the City'sa application: for designation as anA AARPA Age-Friendly Community; and WHEREAS, Resolution No. 2024-08 called for thee establishment ofac Community Leadera and volunteer groupt tor review the City's planst through an age-specific lens andi maker recommendations on WHEREAS, the Age-Friendly' Task Forcel has conducted the review oft the City's plans and WHEREAS, the Age-Friendly" Task Forcel has drafted an' "Age Friendly Brevard. Action Plan 2025" NOW, THEREFORE, BEIT RESOLVED! BY THE CITY COUNCIL OF THE CITY OFI BREVARD, Section 1. the' "Age Friendly Brevard Action Plan 2025" attached hereto and presented to City how toe enhance them for the benefit ofthe area'saging population; and completed: a survey ofresidents over age 65; and summarizing the results ofi its review and thes survey results. NORTH CAROLINA' THAT: Council ati its January 6,2 2025 meetingi is hereby: accepted. Section: 2.7 This resolution: shalll bee effective upon adoption. Minutes Brevard City Council Meeting- January 6,2 2025 Page9of14 624 Adopted and approved this the 6th day ofj January, 2025. Attest: Denise! Hodsdon, CMC, City Clerk s/ Maureen Copelof, Mayor a At 6:55 PMI Mayor Copelof called fora at ten-minute break a M-2. Non-Profit Funding Policy Amendments Mr. Hooper noted that ati its meeting on October 28, 2024 thel Finance, Human Resources, and Citizen. Appointment Committee referred the proposed policy to full Council with al recommendation to approve. Dean Luebbe explained thatt thej proposed amendments include the following provisions: Recommendation fora cap on nonprofit awards of no more than 1% of the Nonprofits receiving over $25,000 musts submit audited financial statements; those receiving less than $25,000 musts submit financial statements approved Nonprofits willl be required to sign a contract with the City and to provide Thel Finance, Human Resources and Citizen. Appointment Committee will review: all: applications and make recommendations that willl be presented Mr. Daniel moved, seconded by! Mr. Wise to adopt thel Non-Profit Funding Policy as presented and recommended by thel Finance, Human Resources and Citizen previous year's General Fund budget. byi its governing board. programmatic reports at mid-year and year-end. with the City Managersrecommended budget. Appointment Committee. The motion carried unanimously. RESOLUTION NO.: 2025-04 ARESOLUTION. ADOPTING' THE CITYOF BREVARD NONPROFIT FUNDINGI POLICY WHEREAS, the City ofBrevard recognizes that nonprofit organizations serve a vital role in improvingt the quality oflife ford our community by deliverings services to ouro citizens inac cost-effective WHEREAS, the City ofE Brevardi is committed to providing financial assistance tot those nonprofit WHEREAS, its shalll bet thep policy of the City ofE Brevard tos set parameters ande establish guidelines for the funding ofr nonprofit organizations to ensure transparency, accountability, consistency and WHEREAS, the City Council Finance, Human Resources and Citizen Appointment Committee has NOW, THEREFORE, BEIT RESOLVEDI BY1 THE CITY COUNCIL OF THE CITY OF BREVARD, Section: 1. The City ofE Brevard Nonprofit Funding Policy attached hereto andj presented to City Section 2.1 The City ofBrevard Nonprofit Fundingl Policy shall become effective on] January 6, manner through the use ofp partnerships;: and agencies which assist the Cityi inc conductingi itsr mission; and adherencet to best] practices; and reviewed the draft Nonprofit Funding Policy: andi recommends: approval. NORTH CAROLINA' THAT: Council ati its January 6, 2025 meetingi is! hereby adopted. 2025. Adopted and approved this the 6th day of) January 2025. Attest: Denise Hodsdon, CMC, City Clerk s/N Maureen Copelof, Mayor M-3. NCLMI Municipal Advocacy Goals - Mr. Hooper explained that prior tot the North Carolina General Assembly's biennial session thel NCLM Legislative Policy Committee (LPC) creates al list of proposed legislative goals that will form the Minutes Brevard City Council Meeting- January 6, 2025 Page 10of14 625 foundation of NCLM's lobbying strategy. This year thel LPC proposed 16 goals and each member organization mays selecttheirten highest priorities. The draft resolution includes thej preferred goals ast recommended! by Staffi in consultation with Mayor Copelof. Mr. Morrow moved, seconded by Mr. Baker to approve the resolution as presented. The motion carried unanimously. RESOLUTION NO. 2025-05 Al RESOLUTIONI ENUMERATING" THE CITY OF BREVARD'S PREFERRED! LEGISLATIVE! PRIORITIES FOR THEI NORTH CAROLINAI LEAGUE OFI MUNICIPALITIES (NCLM) WHEREAS, thel biennial long-session" oft thei North Carolina General. Assemblyi iss scheduled to WHEREAS, duringt the long-session" thel North Carolina General Assembly develops the state's WHEREAS, in! North Carolina, the General Assembly endows municipalities with their powers; and WHEREAS, in North Carolina, the General Assembly mays grant state funding to municipalitiest to WHEREAS, for those reasons and others itisi in municipalities' best interest to maintain positive WHEREAS, onj January 6, 2025t the Brevard City Council discussedi inc open session al list of legislative priorities that they ask the! North Carolina League of Municipalities to lobby for on their NOW,THEREFORE, BEI ITI RESOLVEDI BYTHE CITY COUNCIL OF THE CITY OF BREVARD, NORTH Section 1. The City ofB Brevard identifies the following teni items asi its chosen priorities for NCLM's convenei inj January 2025; and bienniall budget, and considers new legislation; and fund projects ofl local concern; and working relationships with their legislators and makec clear their needs; and behalf. CAROLINATHAT: legislative advocacy during the 2025 General. Assembly; Expand funding opportunities for disaster resiliency and recovery efforts Establish long-term fundings streams that adequately: address water, sewer, stormwater, Expand state transportation funding streams for construction: and maintenance oft municipal Expandi incentives and funding for local economic development Create incentives toe encourage development ofd diversel housing options Providel local revenue options beyond the property tax Address ther needs ofac changing municipal workforce through state assistance that supports employee retention, including training: andr recruitment Update the: annexation petitiont thresholds tor make voluntary annexation easier toi initiate Preserve: authority for extraterritorial, jurisdiction toe ensure growthi is well-planned. and investments byl homeowners and businesses are protected Protect the ability ofr municipal elected officials, acting onb behalfo ofl local voters, to determine election format, districts and other election matter currently under their purview Section 2. That Mayor Maureen Copelofi is designated as Brevard's voting delegate for the purposes transportation and other infrastructure needs and state-owned. secondary roads ofrecordingt the city'st ten priority goals with NCLM. Approved and adopted this 6th dayo of] January, 2025. Attest: Denise Hodsdon, CMC, City Clerk s/ Maureen Copelof, Mayor M-4. City of Brevard Legislative Requests Mr. Hooper presented. Staff's list of proposed legislative requests and explained thatt these are based on the themes of housing, local control ofp planning/zoning, and storm recovery/resliency. The proposed request alsoi includes as specific request for financial assistance in the amount of$52M for the upcoming Wastewater' Treatment Plant wpgrade/replacement. Once approved, thel list willl be submitted to Senator Corbin and Representative Clampitt and shared withl NCLM: and the County. Minutes- Brevard City Council Meeting- January 6, 2025 Page 11of14 626 City of Brevard 2025 Legislative Requests Direct Allocation Requests Amount Project Brevard Wastewater Treatment Plan Replacement Description $52,000,000 The upgrade/replacement oft the city's aging WWTP is Brevard's most critical infrastructure needt toe ensure economic competitiveness and environmental health. The city appreciates the $13Ma allocated in thel last Long Session budget. Thoughti it was earmarked for general" "watera and wastewater infrastructure projects" the city intends to use it fori its WWTP. Soi far $352,000 has been encumbered for Preliminary Engineering, with more identified for actuale engineering costs. Brevard requests additional consideration in future budgets for construction costs. Policy Requests Housing Brevard requests support for legislation that: Permits publice entities tof financially support workforce housing serving beneficiaries having incomes up to 120%of Amends North Carolina's Low Income Housing Tax Credit (LIHTC) formula tor make small, rural communities more Names housing as ane eligible "tourism-related" expense so that duly-chartered Tourism Development Authorities can use occupancy tax proceeds to support housing development. The lack of housing units affordable to tourism-industry workers is inhibiting the growth oft the Names housing as ane economic development tool, making housing eligible for funding/programs that support ED. Brevard requests support for legislation that: Preserves its Extraterritorial, Jurisdiction (ETI). Brevard's irregular corporatel boundaries mean that built-up areas exist inu unincorporated areasi immediately adjacent to incorporated ones. ETJ gives Brevard the ability to ensure that incompatible land uses are not placed next to each other, and that property values, health, and safety are Replaces ora amends previous legislation that limitsl local governments' authority toi initiate, implement, ande enforce zoning changes and make decisiona about land use within their) jurisdiction as long ast they do not conflict with state or Maintains local control over planning/zoning decisions where local conditions are better understood and local voices can be considered. Over the last two years Brevard has exercised great regulatory sensitivity wheni ito comes to land use regulation. The city removed outdates zoning restrictions and adopted at future land use mapi informed by public engagement. Provides grants to business and individuals to helpr recover from storm-related loss. Supplements Federal programs like Hazard Mitigation Grant Program with State dollars. Provides localg governments with authority tof flexibly apply their local regulations tos support recover. AMI competitive. tourism sectori int the area. Local control of planning/zoning protected. federal laws. Storm recovery/resiliency Brevard requests support for legislation that: Mr. Morrow moved, seconded by Ms. Holder to approve the resolution identifying the City ofl Brevard's legislative requests. During discussion Mr. Baker Minutes- Brevard City Council Meeting- January 6, 2025 Page 12of14 627 suggested including an additional theme regarding transportation. Hei noted that under the StrategcTransportation Investment Law, NCDOTi is prohibited from usings state funds on standalone bigyde/padestlanpes Mr. Hooper recommended adding the followingl language: Brevard requests support forl legislation that: Protects Powell Bill allocations Permits state funds tol be used for standalone bicycle/pedestrian projects Mr. Morrow amended his motion, seconded by Ms. Holder to approve thel list with the additional transportation items. The motion carried unanimously. RESOLUTION NO. 2025-06 AI RESOLUTIONI IDENTIFYING THE CITY OFI REVARDSREQUESISFOR THE2025! SESSION OF THEI NORTH CAROLINA GENERALASSEMBLY WHEREAS, thel biennial long-session" oft thel North Carolina General Assembly iss scheduledi to WHEREAS, duringt the' "long-session" thel North Carolina General Assembly develops the state's WHEREAS, inl North Carolina, the General Assembly endows municipalities with their powers; WHEREAS, in! North Carolina, the General Assembly may grants state fundingt to municipalities WHEREAS, fort those reasons and othersi itisi inr municipalities besti interest tor maintain positive working relationships witht their legislators andi make clear their needs; and WHEREAS, onj January 6, 2025 thel Brevard City Council discussed inc open sessiona al listof legislative requests that they feel will enablet them tol better servet thej people ofE Brevard and NOW,THEREFORE, BEI ITI RESOLVEDI BY7 THE CITY COUNCILOF1 THE CITYOF BREVARD, 1) The' "City ofE Brevard's 2025 Legislative Request" document, incorporated! by reference, is hereby respectfully submitted tot the North Carolina General Assembly for their 2) The City! Manageri isi instructed tos submit, inaf form acceptable toi its recipients, its contents to Rep. Mike Clampitt (NC-119), Sen. Kevin Corbin (NC-50), and other appropriate parties. convenei inj January 2025; and bienniall budget, and considers new legislation; and and tof fund projects oflocald concerns; and Transylvania County NORTH CAROLINATHAT: consideration; and Approved and adopted this 6th day of] January, 2025. Attest: Denise Hodsdon, CMC, City Clerk s/ Maureen Copelof, Mayor M-5. Amendment to 2025 City Council Meeting Schedule - Reschedule Budget Workshop and April Regular Meeting- Ms. Hodsdon explained that due a potential conflict with Transylvania County Schools' Spring Break, Staff recommends rescheduling the Budget Workshop tol Friday, April 11, 2025 and to adda a Regular Meeting on Monday, April 21, 2025. Mr. Baker moved, seconded by Mr. Morrow to approve the amendment tot the City Council Meeting Schedule. The motion carried unanimously. N. Remarks/Future Agenda Considerations. Mr. Morrow noted that 72% of] property taxes have been received and gavea a shoutout to staff. He saidi it was a great decision for the Cityt to collect our own taxes Mr. Daniel asked ifwe! have heard from the Brevard-Davidson River Presbyterian Church regardingt thel lease agreement. Mr. Hooper said they are and to offera a 2% discount. Minutes- Brevard City Council Meeting- January 6, 2025 Page 130f14 628 interestedi in keeping the conversation going and we will convene to talk abouti iti in the weeks to come. Mr. Daniel also expressed concern regarding trail etiquette for pedestrians and cyclists on thel Estatoe Trail andt thej potential for serious injuries. He saidI Iwould encourage us tos start formulating regulations and put up signage to start getting people informed ofwhat they need tol know to use the trail. Ms. Holder informed everyone that there willl be al Martin Luther King,Jr. ceremony: at Bethel "A"I Baptist Church on) January 20th, Participants will meet at the Courthouse at 4pm andi march to the church for refreshments and a 6pm ceremony. On Saturday) January 18th there willl be a unity dinner at MCJCCC starting at! 5pm. Mr. Wise wished everyone al Happy New Year. Hes said Iappreciate the open discussion wel had tonight. Her mentioned thats someone drove a truck on the boardwalk on thel bike path this weekend and said Ilove that people are using our walkways and bike paths, but please don'tdrive on them because they're not meant for that. Mr. Bakert thanked Public Works stafff for quickly getting thel boardwalk backup and running. He mentioned that the previously scheduled Ecusta' Trail strategic planning session was canceled duet to thel hurricane and thati iti is stilli important for Council and the City to think strategically about thel Ecusta' Trail as we go forward. He Mr. Hooper thanked Public Works staff fort their quick response tol both the boardwalki incident and the vandalism att thel Depot bathrooms, which they are still Mayor Copelof echoed thanks tol Public Works staff. Shes said iti is disappointing that wel had this vandalism at our facilities. Shet thanked Dr. Paulal Hartman-Stein and members oft the Age Friendly Task Force. She noted that we are getting national recognition thanks tot thei incredible team. The' Task Force willl be reconvening soon to begin working on some oft thei itemsi in the action plan. Upcoming events include White Squirrel Day on February 2nd atl MCJCCC, and thei next Meet thel Mayor willl be this Thursday at 11:30 MCJCCC. Shei noted thata Code Purple has been declared through January 12tha andt the Cove willl be open as a shelter and' The Haven willl be providing hoped we could have thats session soon. repairing, but hope tol have them! backi in service soon. transportation each day for people that might need the shelter. 0. Closed Session - None. P. Adjourn - Therel being no further business, at 7:54 p.m. Mr. Morrow moved, seconded by Ms. Holder, to: adjourn thet meeting. The motion carried unanimously. Duniuclluden Denise Hodsdon,CMC City Clerk Tlg Mayor Minutes Approved: January21.2025 Minutes Brevard City Council Meeting- January 6, 2025 Page 14of14