Town Council Work Session Meeting Summary - Wednesday, June 22, 2022

Thank you to all who joined us for the Town Council Work Session Meeting on Wednesday, June 22, 2022 at 8:30 AM in Municipal Hall.  The following is a summary of the meeting for those who could not attend.  The minutes from this meeting will be included in the following month's meeting packet. 

I. CALL TO ORDER: Mayor Pritchett called the meeting to order.  

II. APPROVE THE AGENDA: Town Manager Hank Perkins asked that Town Council add a distressed unit in the viable utility program request as item IX. The agenda was approved with this one addition.

III. Lake Lure Flowering Bridge Education Center: Friends of the Flowering Bridge Board Chairperson Kathy Tanner provided an update on the education center and cost estimate/funding process.

• Ms. Tanner reviewed what she had detailed in May and reported that the Flowering Bridge has since obtained land disturbance and zoning permits for the project. 
• Ms. Tanner explained that they have made contact with Chimney Rock State Park with regard to a parking area. 
• She advised that it seems that park representatives are on board and noted that the next step is looking for an encroachment from DOT.
• Ms. Tanner explained the goal is to have 19 parking spots with walkway and explaned that the Board had designated $25,000 for this project through funding, $10,000 from a local grant, $37,500 pending from a Rutherford Hospital Legacy Foundation grant. 
• She also noted that they have applied for a community foundation of Western NC (25,000), Hickory Nut Gorge foundation. T
• This totals $95,000 and is about 30% of what is needed.
• Ms. Tanner noted that one of the grant benefactors requested a letter of support from the town for grant funding.
• The letter should state that the town is aware of the plans for parking and supports the application for grant funding. 

Town Council discussed the need to update the master plan to include this information. It was recommended that some sort of lease and/or formal agreement be considered between the town and the Flowering Bridge which will be beneficial to both parties.  In the meantime a letter will be drafted for the town to sign, showing awareness and support of the plans for the Flowering Bridge.           

IV. Conceptual Design for the Lake Lure Replacement Dam:  Schnabel Engineer Jonathan Pittman provided a draft of the conceptual design and cost report for the Lake Lure Replacement Dam to council.

• He reviewed design details and explained the layout which is slightly downstream of the existing dam.
• The placement is skewed on the left end of the dam downstream in order to improve the spillway but close to the parallel alignment.
• A roller concrete gravity dam is a bit higher than the existing dam.

The Spillway has two components, the gateway (120 ft long) and then the original spillway.  The spillway system is designed to pass PMP (990.5). A bridge could be added across the spillway. Compressing the spillway length was beneficial for various reasons.  This conceptual design includes the possibility for a hydroelectric plant if the town wants later but no hydro plant in the main design.

Ms. Pittman advised that the construction of the new dam will allow for the lake to be at full pond for the majority of the project.  Construction would be in four sections:

1) Prep the foundation and install a grout curtain in the rock on left side of the dam.  In this phase you are passing water so that may cause a temporary environmental impact and would require some lowering of the lake.  This would be timed with the sewer system replacement project and would extend the wall downstream.

2) Construction, which would be the lengthiest stage and would allow the lake to be at full pond.  This stage would include foundation preparation and building the right side of the replacement dam.

3) More construction on the left side. This stage may require a drawdown of a couple of feet. 

4) Conversion conduits through the dam get sealed permanently, taking out old dam.

Mr. Pittman advised that the Town's $16 million grant would get the Town through the first phase of work. Field investigation is expected to take one year, design and permitting will take a couple of years. 

V. Cell Tower Update:  Community Development Director Michael Williams explained that he spoke with AT&T as they initially advised they were "all in" after the last response from the state historic preservation office.

• Mr. Williams explained that he has been given another less optimistic view in regard to the recommendation by the state historical preservation office for "slick stick". (Slick sticks, also referred to unipoles, are constructed similar to flagpoles, but without the flag.)
• Mr. Williams reported that he thinks AT&T is still on board but AT&T is asking if the town would be supportive if they go to the state and propose another option.
• Mr. Williams said he did not think it would be a significant hold-up and asked if the Town was firm in moving forward with the existing plan or if they were open to AT&T recommendations for the tower?
• He stated that his opinion was that the design is not the biggest concern right now.
• He advised that the NC Fish and Wildlife Division has approved the plan and the only hold-up now is in regard to AT&T making a rebuking recommendation to the state.
• There was a consensus to support AT&T's request. 
• Mr. Williams will follow up with them and keep Town Council informed on any progress.

VI. Drawdown Discussion: There was a discussion regarding plans for the lake drawdown but a final decision was not made.  Town Council hopes to have all of the information necessary to make a final decision regarding timelines at the July 12, 2022 Regular Town Council Meeting. 

VII. Lake Use Regulations Discussion: Commissioner DiOrio provided Council with a document that recapped that the Lake Advisory Board (LAB) is reviewing comprehensive assessment of a dated lake study which has driven the Lake Use Regulations.  He explained that changing factors such as the number of people, technology, resident input, and more, there is a need to update the Lake Use Regulations. Commissioner DiOrio stated that he is seeking input from Council in regard to the changes recommended by the LAB thus far.

Commissioner DiOrio expressed that the Town has been in the mode of accommodating anything that anyone wants to do, but those days must come to an end as the Town is at a point where decisions need to be made to maintain safety on the lake. Commissioner DiOrio noted that most safety issues occur on weekends. Commissioner DiOrio led the discussion of the following subjects:

• Defining “wake” as 1,000 RPM. Mayor Pritchett asked how Town staff would know unless they are driving the boat. DiOrio answered that it is a training point for the boater and that Town staff will have to use visual standards to determine wake. Commissioner DiOrio noted that this would be incorporated into the training that will be required to obtain a permit in the future. It was noted that Mayor Pritchett and Mr. Perkins had reviewed old training materials from Lewisville. Parks, Recreation, and Lake Director Dean Givens stated that the training video will be available on a new program called RecDesk.  he stated that completion of this training will be required prior to obtaining a permit, and the training will include visuals.

• Wake Surfing. Commissioner DiOrio explained that people should be reminded to abide by state guidelines and additional provision will be requested to decrease the guideline to 150 ft. for wake surfers. Commissioner DiOrio noted that the LAB had revised the verbiage to include wake surfing as a water sport.

• Reinforcing that night wake and speeding is prohibited.

• Reinforce that there shall be no personal watercrafts on the lake except for one currently grandfathered.

• Policy changes. Com. DiOrio recommended that policy changes ensure that people who live on the lake and residents of Lake Lure will always have priority. Com. DiOrio noted that the LAB recommends that non-residents must have a slip somewhere on the lake in order to get a motorized annual permit, but there should be no limits to residential permits and non-residents will otherwise be able to obtain daily permits. Com. DiOrio explained that this brings the Town to safety standards that fit our boat model. Com. DiOrio explained the recommendation that daily permits should not be allowed on the weekends, and that individuals must have annual permit to use on weekends. Com. DiOrio noted that Rutherford County residents get 50 percent off of the daily passes. Mayor Pritchett asked about how to decipher permits and Director Givens said permits change each year and that staff use text on permits to decipher. Mayor Pritchett recommended a different color for annual and daily and Director Givens will look into permit design.

• Permits for liability. Com. DiOrio noted that boats, even in boat houses, should have permits for liability purposes (insurance, training, etc.). Com. DiOrio recommended a grandfather clause for permitting for leeway time for boats without permits in boat houses, but after that it will be addressed by the town. Com. DiOrio noted that this would potentially be another way to reduce lake traffic. Com. DiOrio concluded with an analogy that no one would take their vehicle, park it at town hall, remove the plates and leave on the property.

Discussion: Com. Proctor asked if non-motorized users will be required to complete training. Director Givens expressed that he thinks that would be beneficial and noted that he has spoken with a few vacation rental owners and would tell owners that they must complete training. Mayor Pritchett noted that different types of training for vacation rentals would be beneficial. It was discussed that training eliminates the ability for people to claim that they did not know the rules and will be beneficial as a whole.

Mayor Pritchett asked about fisherman and enforcing wake zones from 7:00 am to 7:00 pm. Director Givens noted that fishermen can be on the lake but cannot exceed idle speed. Com. DiOrio suggested that the Town drive fisherman to buy daily permits.  It was noted that town policy includes access to boat houses for the town. Town will work with property owners to do inspections and move boats, but if they are non-responsive the Town still has all rights.

• NC registration requirements. Com. DiOrio explained that NC now requires that any boat operating in NC that is registered out of state must register in NC within 90 days of being in the state. Com. DiOrio expanded that this includes boats sitting in NC, not necessarily on lake and cited a property tax invasion issue. Com. DiOrio noted that the Town is obligated to abide by NC regulations. Com. DiOrio relayed that the LAB recommended that the Town can issue 90 day permit for these people, which will be pricier and would have all of the rights and responsibilities of annual permit. Mayor Pritchett asked how the 90 day permits will be identify and Com. DiOrio suggested that the permits say AM 90. Mayor Pritchett asked if there is certainty that the Town can enforce these regulations and Director Givens said "yes".

• Safe speed. Com. DiOrio discussed the safe speed which the LAB recommended is 45 MPH.  This seems to be an accepted maximum break-point. Com. DiOrio suggested that there would be no reason to go faster and noted that 300 horse power (HP) is linked to the speed limit. Com. DiOrio explained that 300 HP and 45 MPH are equivalent. Com. Proctor asked about inboard boats and Com. DiOrio stated that it is recommended that no matter what type of boat is in use, the operator must go less than 45 MPH and follow all NC regulations. It was discussed that there are two boats above 300 HP on the lake now can be grandfathered in.

• Up to 100 nonresident annual motorized.

• Rid of weekly permits and offer daily or annual.

• Vacation rentals limited to pontoon or tri-toon or non-motorized.

• Enforce that non-motorized user’s stay in the no wake zone.

Council discussed implementing a barrier at the Town boat ramp via QR code for permit holders.  Com. DiOrio explained that the LAB recommendations have not been approved, but are concepts. Com. DiOrio noted that the LAB is open to suggestions, which Council may give to him to relay back to the Board. It was noted that Marine Commission will have final approval.

VIII. Chimney Rock Village (CRV) Sewer System Discussion:  Town Manager Perkins distributed copies of the letter from CRV which had been previously discussed. He also handed out copies of the 1970s agreement between the Town and CRV with a 20-year water system operating agreement that will expire on April 15, 2023. 

• Mr. Perkins advised that CRV needs to give the Town notice before October 15, 2022 (6 months prior) and the Town must respond within 60 days.
• He explained that he met with CRV. He reported that the Town cannot return 25 percent of revenues because of the Town's financial forms with LGC. 
• Mr. Perkins mentioned that CRV Administrator Stephen Duncan did bring up the 20-year water agreement and Mr. Perkins reviewed the logistics of the agreement with legal counsel.
• Mr. Perkins concluded that if the Town does not enter a new agreement with CRV after the existing one expires, the Town would be compensated for $8,000 annually.
• He recommended that he contact Steve Duncan and get the new agreement initiated as soon as possible.
• Com. Doster asked if the Town collected from CRV residents individually on a monthly basis.
• HR/Customer Services Specialist Jennifer Duncan confirmed that they did.
• Mr. Perkins noted that data needs to be reviewed because much has changed since the initial agreement and the Town must adapt accordingly.
• Mr. Perkins suggested incorporating water and sewer into one agreement.
• Com. Doster asked if 20 years should be reduced if a new contract were to be enacted.
• Mr. Perkins noted that an option can be to hold a capital reserve for CRV, which gains value over time and the Town could have money set aside for CRV to make improvements and Town can reimburse CRV.
• It was noted that an issue is that there are very few residents in CRV. Manager Perkins noted that CRV wants revenue sources for grants and loans, but past occurrences with the Town will not allow us to agree to their request.
• It was also noted that a private entity could run the CRV system.

Com. DiOrio noted that everything happening in Firefly Cove is dependent on this agreement. DiOrio expressed that the Town has the capacity to remove from CRV and supply connect for CRV with Ingles tower. Mayor Pritchett recommended looking holistically at all contracts with CRV as soon as possible. Manager Perkins agreed to contact CRV leaders.

IX. Distressed Status: Manager Perkins explained that the State of NC has given the Town a grade to qualify as a distressed unit for the viable utility program for the water/wastewater utility.  Town Manger Perkins explained that this would allow for a greater likelihood of the Town acquiring additional funding and stated that a resolution will be needed by July 1st in order to apply.  Council will hold a special meeting in order to get a resolution submitted if they wish to apply to be a distressed unit. Council agreed to hold a special meeting on June 29th at 8:30 a.m

X. Adjournment: The meeting was adjourned.