Marine Commission Meeting Summary - Tuesday, June 11, 2024

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The Lake Lure Marine Commission held a regular quarterly Marine Commission Meeting on Tuesday, June 11, 2024, at 4:00 PM.   The meeting was held at the Lake Lure Municipal Center (Town Hall) located at 2948 Memorial Highway, Lake Lure, NC 28746.  The meeting was open to the public.  

The following is a summary of the meeting for those who could not attend.  You may download the meeting packet for additional information. Note that these are not formal minutes, which will be included in the following month's meeting packet.   

I.    Call to Order: Mayor Pritchett called the meeting to order and welcomed those in attendance.

II.    Agenda Adoption: The meeting was adopted as posted. 

III.   Public Comment: The public is invited to speak on any non-agenda and/or consent agenda topics. Comments should be limited to less than three minutes.  There were no comments.

IV.   Consent Agenda: The following agenda item was approved.

A.     Approval of the March 12, 2024, Regular Marine Commission Meeting Minutes

V.      Unfinished Business: There was no unfinished business.

VI.    Appeal Hearings

A.        Request to Appeal Civil Citation No. 000252

Mr. Ryan Dietrich has requested to appeal Civil Citation No. 000252 issued by Dana Bradley on August 22, 2023 for use of boat for commercial purposes without a valid lake commercial permit.  Ms. Dana Bradley, Parks, Recreation, and Lake Director provided an overview of the violation. There was a discussion about how critical it was for vacation rentals to have a commercial boat permit for their boats to ensure proper insurance coverage. 

Correspondence from Mr. Ryan Dietrich

This last fall I rented my home out for a 3 month period while I was out of town for business. I met my incoming renters during the point when they were moving in and over the course of the next two months as I came in and out of town. After getting to know the couple who was renting from me over a handful of days when I dropped by my property we became friends. Only after getting to know my renters did I offer use of my pontoon to them. There was no exchange of money and I have never rented my pontoon out for money. I have also never allowed anyone besides family use of my pontoon.

I am uncertain of how I could prove this to the town, From my understanding the miscommunication happened when my renter was pulled over for driving to fast in a wake free zone. At this point he disclosed to the officer that the boat belonged to the person he was renting from. I imagine the assumption was made that I was renting out my pontoon which was absolutely not the case. The pontoon has never been mentioned on my Airbnb page or to any other renter that I have had.

I work in a high risk industry and rarely open up myself to liabilities. I would absolutely not rent out my pontoon without the proper permit and insurance required to run such a business safely. In addition, my crappy old pontoon boat often stalls out and aesthetically would not be fitting to try to rent out anyways.

I understand the charge for the ticket is high to discourage people from not going through the proper channels to capitalize on renting their boats on Lake Lure. Unfortunately for me I never made any money on the boat to help offset this extremely high ticket cost to help offset it. I agree that it is in order to charge people taking advantage of the lake and the town a high fee. Unfortunately, I am being faced (actually already paid) with paying this costly ticket for allowing someone I decided that I trusted to use my pontoon.

Sincerely, Ryan Dietrich

There was a discussion and the appeal was denied.

VII.  New Business

A.        Boy Scouts Troop 605 Annual Report: 

During June 14, 2022 Marine Commission meeting, it was determined that Marine Commission will require Edneyville Boy Scouts Troop 605 to attend a Marine Commission meeting of each year to present an annual report as a stipulation to receiving two complimentary motorized boat permits and two complimentary non-motorized boat permits. Mr. Andrew Hein, Scoutmaster for Boy Scouts Troop 605 thanked the Marine Commission for allowing the Troup to use the lake.  He presented their 2023 annual report and detail community services performed in the Town of Lake Lure throughout the year including trash pick up around the lake.  There was a discussion regarding the condition of the docks that may need repair.  

B.        Request to Appeal Denial of 2024 Boat Permit for a Motorized Vessel Exceeding the 21 ft. Length Limit

Mr. William Dennis submitted a request to the Marine Commission in regard to consideration of integrated swim platforms in boat length regulations. Mr. Dennis attended a recent Lake Advisory Board (LAB) meeting in which he expressed concern with the length of his Venus Speedster vessel, which exceeds the current regulations due to its integrated swim platform. Based on the LAB meeting and Mr. Dennis’ concerns, Mr. Dennis has submitted a request to the Marine Commission to consider his appeal. Ms. Bradley provided an overview of the request and the regulations.

Correspondence from Mr. William Dennis

Attn: Marine Commission - Town of Lake Lure

Subject: Consideration of Integrated Swim Platforms in Boat Length Regulations

Dear Members of the Marine Commission, I hope this message finds you well. Based on my recent meeting with the Lake Advisory Board (LAB), I am writing to clarify and request further consideration regarding the treatment of integrated swim platforms in the boat length regulations.

Background

During the LAB meeting, the primary concern was the length of my Venus Speedster vessel, which exceeds the current regulations due to its integrated swim platform. The Coast Guard and North Carolina regulations for measuring boat length are from the tip of the bow in a straight line to the stern of the vessel. Any attachments such as swim platforms, outboard motors, brackets, and rudders that are not part of the hull are not included in this measurement. While detachable swim platforms are excluded from the overall length measurement, the integrated swim platform on my vessel is counted towards its total length, thus affecting its state registration and compliance with local regulations. LAB Feedback

During the meeting, the LAB provided several critical pieces of feedback:

• Support for Environmental Features: The LAB members expressed support for the Venus Speedster’s reduced weight and minimal wake production, noting that these features align with Lake Lure's ecological goals.

• Concerns About Precedents: The LAB was concerned about setting a precedent by granting exceptions, which might lead to numerous similar requests from other boat owners.

• Swim Platform Modification: The LAB was encouraging the idea of making the swim platform detachable to bring the vessel into compliance. Based on their tone, it seemed they had already voted in an earlier meeting to recommend denying my request for permitting to the Marine Commission. However, there seemed to be a generally positive sentiment towards the boat’s design and environmental impact if it strictly met the length requirements; thus, the comments supporting the making of the swim platform detachable.

Request for Consideration of Integrated Swim Platforms

Given the feedback from the LAB and recognizing the distinction between detachable and integrated swim platforms, I respectfully request that the Marine Commission consider the following points regarding the treatment of integrated swim platforms in boat length regulations:

• Consideration of Integrated Swim Platforms:

o For vessels with integrated swim platforms that cause a boat to not comply with existing length requirements, the Marine Commission could, on a case-by-case basis, consider an exemption. This would ensure a fair assessment of a boat's length, so long as subtracting the length of the integrated swim platform brings the boat into compliance with existing rules and that all other requirements are met.

• Impact on Water and Performance:

o The suggestion to modify the swim platform to make it detachable would meet only the letter of the law without materially changing the boat’s impact on the water or its performance. The integrated swim platform on the Venus Speedster does not affect the boat's wake production or environmental footprint. The boat’s lightweight build and design already minimize its ecological impact, aligning with the goals of Lake Lure’s regulations.

Conclusion

The Venus Speedster's design and build are, in fact, aligned with the town's regulations and the reasons they were originally established. If not for the integrated swim platform, this boat would be permitted and supported by the LAB. Therefore, I believe it is reasonable to consider providing an exception to the length requirement to account for the integrated swim platform, as this would still align with the intended application of these rules.

Thank you for your time and consideration. I look forward to discussing these suggestions further at the upcoming Marine Commission meeting.

Sincerely, William “Will” Dennis. 

There was a brief discussion and Ms. Bradley shared a photo of the boat. 

Mr. Dennis came forward and provided his perspective on the boat. He explained that the boat's swim platform was what put the boat beyond the length requirement. There was a discussion regarding the history of the policy and why the regulation existed.  Marine Commission recommended that Mr. Dennis actually measure the boat to ensure it was exceeding the length limits.  He explained that the boat is still on the West Coast. 

Marine Commission denied the appeal.

C.       Lake Advisory Board Buoy Recommendation

Ms. Bradley advised that the Lake Advisory Board has been reviewing buoy placements around the lake. Based on their review and the 2006 Boat Study and Lake Use Model, the LAB has provided the Marine Commission with their recommended buoy placement plan.  The new plan eliminates the duplicate buoys and added some new buoys in some narrow areas of the Lake. The graphic below illustrates the new buoy plan. The Chairperson for the Lake Advisory Board Kathi Hatfield added that Board members went out on the Lake to review all of the existing buoys.  She stated that Ms. Bradley and Board Member Dave Lusk did quite a lot of work to ensure the recommended plan followed the Lake Lure Buoy Plan and the Board recommended approval of this updated plan. 

Marine Commission approved the Buoy Plan as recommended by the Lake Advisory Board. The Buoys will be relocated in the next week. 

Buoy Plan

D.       Discuss Permits for Non-Motorized Boats

Commissioner Doster reported that beginning in 2024, the Town removed the permit requirements for non-motorized boats. Marine Commission discussed observations in regard to the lack of non-motorized permits thus far.  There was a discussion regarding the concerns of not having permits for non-motorized boats including the fact that there is no way to know if the non-motorized boaters know the Lake Regulations and there is no recourse if they do not follow the regulations as the Town has no permit to revoke. 

Marine Commission asked the Lake Advisory Board to review this matter and to make a recommendation back to the Marine Commission with input from the Lake Lure Police Officers.  They will begin keeping data on non-motorized boaters that are in the center of the Lake and in harm's way.  Ms. Bradley advised that she is installing additional signage to help inform non-motorized boaters on Lake Regulations. Police Chief Sean Humphries advised that anyone seeing a non-motorized boater that was not following Lake Regulations should call 911.  Ms. Bradley advised that they could also call her office. Town Manager Olivia Stewman advised that the Finance Department was also monitoring the financial impact of the change in permitting for non-motorized boats. 

E.        Proclamation Honoring the Dedicated Services of Dean Givens and Dean Givens’ Retirement Declaration

Mayor Pritchett and Police Chief Humphries presented a proclamation and declaration in honor of Dean Givens’ 18 and a half years of dedicated services with Lake Lure. Mr. Givens will retire in July of this year.

6/11/24 Dean Givens Proclamation from Mayor Pritchett 6/11/24 Dean Givens and Sean Humphries - Retirement Resolution

VIII. Adjournment