Regular Town Council Meeting Summary - Tuesday, February 14, 2023

Thank you to all who joined us for the Regular Town Council Meeting on Tuesday, February 14, 2023, at 5:00 PM in Municipal Hall.  The following is a summary of the meeting for those who could not attend. You may download a copy of the meeting packet for further details and view a recording of the meeting here.  Please note that this is a summary and formal minutes from this meeting will be included in the following month's meeting packet.  

The following is the agenda for the meeting.

I.         CALL TO ORDER: Mayor Carol Pritchett called the meeting to order. Council members led the pledge of allegiance.

II.        AGENDA ADOPTION: The meeting was adopted.        

RESOLUTION NO. 23-02-14 HONORING THE DEDICATED SERVICE OF HOPE WITTMER 

WHEREAS, Hope Wittmer has been involved with the operations of the Hickory Nut Gorge Outreach since 2009 and has served as President since 2013; and

WHEREAS, The Hickory Nut Gorge Outreach is a non-profit organization serving families in the Hickory Nut Gorge Community through eliminating hunger and providing social services; and

WHEREAS, Hope Wittmer has immensely contributed to the exponential growth and expansion of the Hickory Nut Gorge Outreach through her hard work, leadership, dedication, selflessness, and a passion for helping others; and   

WHEREAS, Hope Wittmer has had a significant positive impact on the well-being and livelihood of those in the Town of Lake Lure and the entire Hickory Nut Gorge Community for over 13 years; now

THEREFORE BE IT RESOLVED, that on behalf of the Lake Lure Town Council and the citizens of the Town of Lake Lure, the Lake Lure Town Council expresses deep and sincere appreciation for Hope Wittmer’s dedicated service to the community.

Mrs. Hope Wittmer thanked Council members. Mrs. Wittmer expressed appreciation for the support and help of volunteers, family, and friends. Mrs. Wittmer stated that for the past 20 years, she and her husband George Wittmer have been working at helping the community. Mrs. Wittmer expressed thanks. The Mayor called a brief recess so the audience could express their appreciation to Mrs. Wittmer. 

IV.       TOWN MANAGER Communications: Town Manager Hank Perkins summarized highlights from his Manager’s Report for January.

VI.       PUBLIC COMMENT: Mayor Priitchett invited the audience to speak. The following individuals presented their comments.

1.  Jay Dover from Marion, NC expressed that he wanted to share his thoughts on the new Lake Use Regulations on behalf of the old-time fishermen of Lake Lure.  He asked for consideration for larger HP motorized boats for the annual fisherman.  He shared that he was speaking on behalf of the catch-and-release fishermen and requested that consideration be made for a system that allowed fishermen to obtain their daily permits ahead of time and not to restrict prime fishing hours. He thanked Town Council for considering his request.  The Mayor invited Parks and Recreation Coordinator Dana Bradley to address the issues. Ms. Bradly explained that the main reason for HP restrictions was to prevent wake.  She expressed support for fishermen and encouraged them to continue to purchase daily permits.  The Mayor noted that Mr. Dover's recommendations would be reviewed and considered by the Lake Advisory Board and thanked Mr. Dover for sharing his thoughts.

2. Joe Gay from Edneyville NC spoke and noted that he was a retired golfer and that he and his wife had explored the area after moving to Edneyville and he bought a boat just to go on Lake Lure. He shared that he and his wife have enjoyed the lake during the past two years.  He said that he came today to express concern regarding the decision to diallow annual non-resident permits.  He expressed there are other ways to limit lake issues such as increasing the rate for non-resident permits, grandfatherin a certain number of permits each year.  He asked how many people were originally from Lake Lure and expressed that he thought this change was a short-sighted way to limit exposure to the Lake to future users. Commissioner DiOrio noted that the money did not go into the decision-making process and explained that the weekends during peak season were becoming dangerous.  he added that they know this because of police reports and reports from concerned citizens.  He noted that Town had been using a 2006 lake study model and that the town has grown since this time and the model had been exceeded.  He shared that a decision was made to try to promote and encourage non-residents to come during non-peak season so the weekends would be safer and residents can use the lake. There was further discussion and Commissioner DiOrio noted that the LAB would consider these ideas and continue to look at all factors, including police reports and stricter enforcement.

VII.     CONSENT AGENDA: Mayor Pritchett presented the Consent Agenda and asked if any other items should be removed before calling for action.  The following items were unanimously approved and adopted:

1.  Approval of the January 10, 2023 Regular Town Council Meeting Minutes, the January 11, 2023 Town Council Planning Retreat Meeting Minutes, and the January 25, 2023 Regular Town Council Work Session Meeting Minutes

2.  Budget Amendment #346 for Deep Water Access Project.

3.  Budget Amendment #347 for Fire Department Specialized Air Compressor

4.  Lake Use Fee Schedule Amendment for the Purpose of Adding a $10.00 Boat Permit Mailing Fee

5.  LaBella Task 12 Firefly Cove Water System Improvements Amendment #1

6.  Resolution No. 23-02-14A Approving Lake Lure Tours Concession Agreement

7.  Suspension of Chapter 8 Article II: “Peddlers” of the Code of Ordinances; Waiver of the Noise Regulation, Chapter 20 Article II; and approval for partial road closure for the Hickory Nut Gorge (HNG) Outreach 2023 Spring Lake Lure Arts and Crafts Festival scheduled for May 12-14, 2023 in front of the Arcade Building

8.  Lake Lure Spring Classic Boat and Auto Show Request for Waivers / Council Approval

RESOLUTION NO. 23-02-14A: RESOLUTION BY THE TOWN OF LAKE LURE TOWN COUNCIL APPROVING LAKE LURE TOURS CONCESSION AGREEMENT

WHEREAS, The Town of Lake Lure and Lake Lure Tours entered into a Concession Agreement on February 15, 2018; and  

WHEREAS, The existing Concession Agreement expires on February 14, 2023; and

WHEREAS, The Concession Agreement is for the purpose of safe, efficient, and beneficial operations of the beach, marine, and tour boats by Lake Lure Tours on Town of Lake Lure properties; and 

WHEREAS, The Concession Agreement is also for the purpose of providing for future repairs, improvements, and modifications of the beach, marine, and tour boats as shall be deemed acceptable to and in the best interest of the Town and the residents of Lake Lure; and 

WHEREAS, Each party has expressed desire to enter into a new Concession Agreement following the expiration of the original Agreement.

NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Lake Lure, North Carolina:

Section 1. The Town of Lake Lure and Lake Lure Tours shall enter into a Concession Agreement on February 15, 2023 and it shall expire on February 14, 2028.

Section 2. The Town of Lake Lure and Lake Lure Tours shall abide by all terms and conditions specified in the Concession Agreement.

VIII.    UNFINISHED BUSINESS:  

1. LAKE LURE FLOWERING BRIDGE:  Manager Perkins detailed that Town and the Lake Lure Flowering Bridge had been functioning without a lease in the past. It was noted that the Lake Lure Flowering Bridge desired a lease with a term greater than 10 years, but sale of real property laws are required for leases exceeding 10 years. Town Attorney William Morgan explained that the Town could seek a local bill to exceed a lease term of 10 years without the sale of real property law constraints, and noted that the Town of Matthews had a local bill passed to lease to their Chamber for longer than 10 years. It was noted that the deadline for the North Carolina General Assembly to make any legislative recommendations is February 23^rd. Manager Perkins asked if Council is interested in pursuing local legislation. There was Council consensus of support. Commissioner Proctor noted that there are less than 30 days until the March regular meeting and it was determined that the leases must be approved at a regular meeting. Commissioner Proctor asked Community Development Director Michael Williams if delaying the lease would impact proceeding with the Flowering Bridge’s education center and Director Williams expressed that it may. Commissioner Proctor recommended entertaining a lease not exceeding one year during the March regular meeting and to re-evaluate a longer term lease at the regular meeting in April.

   A motion was made and approved to advertise a notice of intent to consider a lease, to approve a lease of less than one year at the regular March meeting and explore a longer-term lease at the regular meeting in April, and to seek legislation for a local bill to enter a lease with a term greater than 10 years. 

2. RUTHERFORD COUNTY TOURISM DEVELOPMENT AUTHORITY (TDA): Manager Perkins explained that the current lease between the Town and the TDA is month to month and that the Town will advertise notice of intent to consider a lease at the regular April meeting.

B.      REQUEST FOR TOWN COUNCIL PERMISSION TO DREDGE AROUND LAKE STRUCTURE LOCATED AT 191 LAKEVIEW ROAD: Approved under New Business A.

C.        REQUEST FOR TOWN COUNCIL PERMISSION TO DREDGE AROUND LAKE STRUCTURE LOCATED AT 255 DEERWOOD DRIVE: Approved under New Business A.

D.      REQUEST FOR TOWN COUNCIL APPROVAL TO ADD FILL FOR MAINTENANCE OF RUMBLING BALD RESORT BEACH LOCATED AT 153 MOUNTAINS BOULEVARD:  After a discussion with Community Development Director Mike Williams, Town Council recommended reviewing this ordinance with the Zoning and Planning Board and exploring the possibilities of allowing the town manager and community development department to have the authority to approve dredging and filling.

1.   ABC BOARD:  A motion past to re-appoint Bob Cassano and Richard Sayles, and appoint Trace Boswell to the ABC Board. Town Council thanked outgoing ABC Board member Linda Samarotto.

2.  BOARD OF ADJUSTMENT / LAKE STRUCTURE APPEALS BOARD: A motion past to re-appoint Wyn Hardy to serve a one year extension and to re-appoint Kimberly Sayles to serve a regular term on the Board of Adjustment / Lake Structure Appeals Board.

3.  LAKE ADVISORY BOARD: A motion past to re-appoint Gary Hasenfus and Mark Helms to the Lake Advisory Board.  

4.  PARKS AND RECREATION BOARD: A motion past to re-appoint Moe Bay, Bill Massey, and James Walters, and to appoint Ozzie McFarland as an alternate member to the Parks and Recreation Board.  

5.  ZONING AND PLANNING BOARD: A motion past to re-appoint Randy Nelson and appoint Ken Williams to the Zoning and Planning Board. Town Council thanked outgoing Zoning and Planning Board member Tom McKay.

F.         RESOLUTION NO. 23-02-14B ACCEPTING AMERICAN RESCUE PLAN FUNDING FOR SUBAQUEOUS SANITARY SEWER AIA: Manager Perkins explained that in October, Town Council approved a scope for the AIA (Asset Inventory Assessment) grant of $200,000 for American Rescue Plan (ARP). Manager Perkins noted that the Town had been waiting for the state to send terms and additional details, and discussions had taken place with LaBella Associates about completing the scope of work. Manager Perkins explained that Resolution No. 23-02-14B is based on template provided by the state and should be returned to the state in order to fulfill AIA requirements. The folloiwing resolution was approved.

RESOLUTION NO. 23-02-14B

RESOLUTION BY THE TOWN OF LAKE LURE TOWN COUNCIL ACCEPTING AMERICAN RESCUE PLAN FUNDING FOR SUBAQUEOUS SANITARY SEWER AIA

WHEREAS,  the American Rescue Plan (ARP) funded from the State Fiscal Recovery Fund was established in S.L. 2021-180 to assist eligible units of government with meeting their water/wastewater infrastructure needs, and

WHEREAS, the North Carolina Department of Environmental Quality has offered American Rescue Plan (ARP) funding in the amount of $200,000 to perform an Asset Inventory and Assessment study detailed in the submitted application, and

WHEREAS, the Town of Lake Lure intends to perform said project in accordance with the agreed scope of work,

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Lake Lure, North Carolina:

Section 1. That the Town of Lake Lure does hereby accept the American Rescue Plan (ARP) offer of $200,000.

Section 2. That the Town of Lake Lure does hereby give assurance to the North Carolina Department of Environmental Quality that any Conditions or Assurances contained in the Award Offer will be adhered to.

Section 3. That Town Manager William H. Perkins, and successors so titled, is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project; to make the assurances as contained  above;  and  to  execute such  other  documents  as  may  be  required  by the Division of Water Infrastructure.

G.        RESOLUTION NO. 23-02-14C ACCEPTING THE NORTH CAROLINA WATER RESOURCES DEVELOPMENT GRANT FOR SHALLOW DRAFT NAVIGATION CHANNEL DREDGING IN THE AMOUNT OF $750,000: Manager Perkins announced that the Town has received notification of the award for the North Carolina Water Resources Development Grant for Shallow Draft Navigation Channel Dredging. Manager Perkins explained that this notification was received following the work session, which is why it is under discussion for new business. It was noted that the grant award offer is for $750,000 and that Resolution No. 23-02-14C authorizes the acceptance of the grant. Manager Perkins noted that the grant based on the calendar year. The following resolution was approved.

RESOLUTION NO. 23-02-14C

RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF LAKE LURE

ACCEPTING THE NORTH CAROLINA WATER RESOURCES DEVELOPMENT GRANT FOR SHALLOW DRAFT NAVIGATION CHANNEL DREDGING IN THE AMOUNT OF $750,000

WHEREAS, Town of Lake Lure desires to complete a General Navigation Dredging Project projected to remove approximately 40,000 cubic yards of sediment via dredging from the Broad River and Lake Lure

WHEREAS, The Dredging Project will be improving general navigation and boater safety in an area of the lake that experiences significant impact from upstream sedimentation, impeding access to the Town marina and public launch ramp; and

WHEREAS, The Town of Lake Lure applied for North Carolina Water Resources Development Grant for shallow draft navigation channel dredging; and                

WHEREAS, The Town of Lake Lure has been offered an award for the North Carolina Water Resources Development Grant for shallow draft navigation channel dredging in the amount of $750,000; 

WHEREAS, The Town of Lake Lure Town Council desires to accept the award offer in full;

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF LAKE LURE:

Section 1. The Town of Lake Lure does hereby accept the North Carolina Water Resources Development Grant for shallow draft navigation channel dredging in the amount of $750,000.

Section 2. The Town of Lake Lure Town Council authorizes the execution of the required North Carolina Department of Environmental Quality Finance Assistance Agreement.

Section 3. The Town of Lake Lure shall abide by all of the rules and regulations specified within the North Carolina Department of Environmental Quality Finance Assistance Agreement titled

Grant Contract No. CW34404, Lake Lure SDNF 2023.

Section 4. This Resolution shall be effective upon its adoption. ‘