Regular Town Council Meeting Summary - Tuesday, April 11, 2023

Thank you to all who joined us for the Regular Town Council Meeting on Tuesday, April 11, 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 and listen to a recording of the meeting here.  Please note that this is a summary not formal meeting minutes.  The minutes from this meeting will be included in the following month's Town Council 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 a prayer and the pledge of allegiance.

II.  AGENDA ADOPTION: Under New Business, Item D regarding the reservoir drain work order, was removed. An additional item D was added to New Business to Approve the Duke Energy ABC Store Payment Transfer.  The agenda was approved as edited. 

III.  MAYOR’S COMMUNICATION: Mayor Pritchett thanked everyone for their attendance at the meeting.  She shared that she knew there was a lot of interest in the meeting topics and explained that protocol for Town Council Meetings was that any Public Comments were welcomed regarding any topics that were not on the agenda.  In order to accommodate a discussion following the presentations, Town Council will make time for a discussion following Council remarks if each person will state their name and address once they are called upon following the presentation. 

IV.  Town Manager's Communications: Town Manager Hank Perkins summarized the following departmental updates from the meeting packet: 

1. Public Services:  The following is a high-level summary of the past month's accomplishments: 

• Completed phase 1 of smoke testing and the identified leaks have been submitted to the homeowners for repair. (Ongoing)
• Cleaned and pressure washed platform and Tainter gates at the Dam. We appreciate the support we received from the Fire Department.
• Verified positioning of Tainter Gate heights for Automation.
• Luther Burbank Road has been completed. Road was leveled and fresh gravel was put down on the entire Road.
• A full round of leaf removal from the right of ways on Town maintained roads with the Leaf Vac System has been completed. (Ongoing)
• Installation has been completed on our new digital water meters.

2. Fire Department/Emergency Management: The following is a high-level summary of the past month's accomplishments: 

• Hydrant Flow inspections Shumont and Summer Morning Ct.
• Assisted with getting the Flow readings for the new assisted living facility on Buffalo Creek.
• Medical Training. We also had Firefighter annual Physicals and Drafting and water point training Mystic Lake.
• The department responded to 30 fire/medical/rescue calls throughout the month.
• An increase in calls was due to the colder weather.
• Firefighters completed 361 Hours of Training this month.

3. Police Department: Top three accomplishments in March:

• In attempts to continue the meetings with staff from Lake Lure Classical Academy, Chief Humphries and other officers are planning on meeting monthly to review and discuss any new questions that may arise. 
• After a month-long audit by the State Bureau of Investigations regarding operations and keeping of private information, the audit is complete with no derogatory remarks.
• Officers continue to use the Brazos program which allows them to electronically write citations from their vehicles, allowing the information to get into the Administrative Office of the Courts more quickly.

4. Parks, Recreation & Lake: The following is a high-level summary of the past month's accomplishments: 

• Began preparing for summer annuals
• Set up trail and wildlife information table at LLCA for Earth Day on 3/31
• Processed commercial boat applications and boat permit sales
• Worked on getting online boat permit sales capability
• Completed LLPD training
• Worked on creating new connection from the Dittmer-Watts Trail to the Green Space
• Staff and Volunteers walked the following Trails and identified issues needing attention: Dittmer-Watts Nature Trails, Buffalo Creek Park, Weed Patch Mountain Trail
• Organized the following trail works days: Dittmer-Watts workday on 3/23 to repair minor erosion and water diversions; Weed Patch Mountain workday on 3/24 to remove fallen trees –2 staff members and 2 volunteers; 14 volunteer hours 13. Organized a Buffalo Creek Park workday on 3/28 to repair minor erosion and remove dead trees
• Utilized volunteers to collect water samples.
• Total of 59 volunteer hours.

5. Finance: Revenues and Expenditures Reports are provided as separate attachments in the meeting packet.   During this monthly accounting period, the largest expenditures relate to the sewer project.

• Revenues continue to track as projected and departments also continue to efficiently use resources in regards to individual line items in the departmental budgets.
• Project Manager, Mike Dydula, continues to be a major aid and resource for financial analysis. With the data he is providing, budget tracking of the various projects and review of related invoices will continue to aid in properly posting expenditures.
• The Town Manager has also has provided major support and direction for contractual and purchasing compliance and policy analysis.
• The Town sustained its strong financial position with an unreconciled bank balance of approximately $11,100,000 for all funds other than special revenue (the Dam Fund).
• The cash analysis and examination of cash disbursements was completed by the external auditors in order to complete financial statements.  Compliance items are still being reviewed which will produce efficient and effective changes related to purchasing and reporting.

6. Communications: The Town has posted 28 news articles that illustrate town-related news, a listing of these articles with hyperlinks was emailed to over 1,980 citizens, along with a link to the Town Calendar of Events. There were 13,620 website users in March and 54 Facebook posts for the community with a post reach of 27,571 for the month. The Town of Lake Lure now has over 19,411 followers as of March 2023. Additional high-level activities include FEMA Grant Follow-up Reports; The final draft of the Annual Report which will be ready to mail it out soon; and coordination with the organizers of the Farmers Market to make plans for it to take place at Morse Park this year, starting in May.

7. Manager / Clerk / Admin Summary: March was a busy month including an array of staff, council, and board meetings and ever changing day-to-day operations. We continue to work with LaBella Engineering on the new sewer system and planning. We met with our Design Build Firm, Ruby Collins on an after-action meeting for Sunset Cove and discussed next steps moving forward. We have been working on placing events in Lake Lure at Morse Park as well as the following: 

• Continued the development of new Policies and Procedures for contracting, Purchase and Procurement and Electronic Purchasing.
• Worked on finishing the work on sleeve installation in Sunset Cove.
• Working with Mike Dydula, Project Manager, in developing project management tracking.
• Attorney Morgan and Town Manager worked with the Policy Group for the development and filing of 2 local bills in the General Assembly.

V. Council Liaison Reports and Comments: Commissioners serving as liaisons to each of the Town Boards provided a summary of the high-level activities of each group. Formal minutes of each Board may be reviewed here.

• Zoning and Planning Board. Commissioner Scott Doster reported that Randy Nelson was appointed as Chair with Charlie Ellis as Vice Chair.  
• ABC Board: Commissioner Doster reported that the store adopted a new process for receiving email orders.  He reported on plans for the relocation of the ABC store to the Commercial Center.  He advised that Trent McGuire was promoted to the store manager.  Sales for March were $108,000. 
• Lake Advisory Board: Commissioner David DiOrio advised that the board did not meet this month but they continue to monitor the impact of the new Lake Use Regulations. He reported that they were working to make changes that support fishermen so they can get on the lake earlier if their permits are purchased in advance.  A separate issue that has been identified is the weight of boats.  He recommended everyone pay attention to this number as there are limits and it is important to ensure the boats are within specification. Additionally, the Parks, Recreation, and Lake Department will be working to increase signage to deter anyone from using the lake for their vessels without a permit. Unfortunately, many people use the lake without a permit.  Eventually, there is a plan to add a barrier to prevent this.  He advised that the Police Department has been going through training on the new Lake Use Regulations to aid officers in their enforcement.
• Board of Adjustment / Lake Structure Appeals Board: Commissioner DiOrio serves as the liaison to this board.  
• Parks and Recreation Board: Commissioner Jim Proctor reported that the Parks and Recreation report of volunteer hours was supplemented by the hours donated by the Carolina Climbers and he thanked them for their efforts.  He noted that the Flowering Bridge will be having a 10-year anniversary celebration on 6/2/23 at the Riverside Event Center. This is a fund-raiser and the tickets are $80. Tickets may be purchased at LLFB.org.  Commissioner Proctor mentioned that there was a lengthy discussion regarding the Green Space but since this is one of the presentations he will not discuss this now.  He advised that there was a Trash Pick-up Day on Boys Camp Road scheduled for 4/18/23 at 9:00 at Lake Lure Village Resorts. 

VI. Presentations

A. Morse Park Master Plan - Parks and Recreation Trust Fund (PARTF): Rutherford County Tourism Development Authority Director Don Cason thanked Lake Lure Town Council for their support of the Rutherford Bound Plan and their vision for the future.  He introduced Ron Hancock with Destination by Design who presented information in regard to budgeting, design, and funding opportunities for the Morse Park Plan. The Town is currently in the process of applying for a Parks and Recreation Trust Fund (PARTF) Grant administered by NC State Parks for the project. This plan was previously presented at a Public Meeting on 4/6/23. You may download a copy of this presentation. 

The Morse Park - Phase I project will include the redevelopment and enhancement of a significant community recreation asset in the Town of Lake Lure. This project will include a renovated paved path (1325 linear feet), poured-in-place playground, and picnic area amenities. The park is located within the planning corridor for the Hickory Nut Gorge State Trail and provides a central hub for access to a number of recreational assets in the area for people of all ages and abilities.

Morse Park is located on approximately 23 acres where the Rocky Broad River feeds into the west end of Lake Lure. The topography is relatively flat and features a large open meadow, wooded wetland areas, and a pond. Existing amenities include two tennis courts, basketball court, children’s play area with swings, slides, and climbing apparatus, a large covered gazebo, gravel and asphalt walking path with benches, and covered picnic tables with grills. The site also features ADA connectivity to the Lake Lure Town Walkway, Flowering Bridge, beach, and water park. Morse Park is adjacent to the Town of Lake Lure Municipal Center, Rutherford County Welcome Center, and
Washburn Marina. An overview of this presentation including the budget is included in the meeting packet on pages 31-33. 

B. Lake Lure Green Space Planning: Town Manager Hank Perkins presented the planning for the future of the Lake Lure Green Space. You may download a copy of this presentation. 
Mr. Perkins provided an overview of some of the Town requirements for the Green Space in the future including a Public Safety building for Fire and Police as well as other needs to support the replacement of the Dam and the Sewer System.  He explained a Master Planning Process that would be utilized to gain community input to determine future uses for portions of the Green Space that would not be required to support Town infrastructure.

C. Golf Course Proposal: Lie + Loft and Hickory Revival LLC representative Luke Davis presented an overview of a proposal regarding a golf course revival that he would like to present to Town Council.  There was a lengthy discussion and dialogue with Town Council and attendees regarding his presentation. You may download a copy of the presentation that was made. 

VII. Public Comment: The public is invited to speak.

• Ms. Pat Buede from Lake Lure addressed Town Council and recommended that a Steering Board of residents from Lake Lure be established to ensure their input was being considered.  She also noted that there has been brown water at times in the homes on Memorial Highway and water in the pipes. Mayor Pritchett thanked Ms. Buede for her remarks.
• Moe Bay from Lake Lure announced that she will be holding the 5th Annual Trash Talkin' Event on April 18^th at 9:00 a.m. and that volunteers should meet at the Lake Lure Village Resort main entrance at that time. Mrs. Bay noted that Law Enforcement should be aware that there will be foot traffic on Boys Camp Road at that time. Mrs. Bay provided a sign-up sheet for the event.
• Mrs. Bay also detailed that the Flowering Bridge will be celebrating its 1Oth year anniversary on June 2nd this year at Riverside. There will be a limited amount of tickets. Tickets will cost $80 and can be purchased at LLFB.org.

VIII. Consent Agenda: Mayor Pritchett advised that the items in the Consent Agenda had been previously reviewed and therefore did not require presentations.  She asked Commissioner Patrick Bryant to review the items briefly.  The following items were unanimously approved.

A. Approval of the March 14, 2023 Regular Town Council Meeting Minutes and the March 22, 2023 Regular Town Council Work Session Meeting Minutes

B. Resolution No. 23-04-11 Authorizing Addendum to the Lake Lure Tours Concession Agreement - Resolution No. 23-04-11 authorizes Lake Lure Tours to arrange for the operation of a food truck to serve patrons of the Beach during the 2023 season, and any season thereafter that Lake Lure Tours chooses to do so during the term of the February 15, 2023, Concession Agreement.

C. Resolution No. 23-04-11E Authorizing Deep Pipe Crossing Easements and/or Temporary Dredging Construction Easements for the Horizontal Directional Drill Project - Resolution No. 23-04-11E authorizes deep pipe crossing easements and/or temporary construction easements associated with the Horizontal Directional Drill (HDD) Project that is necessary for sewer rehabilitation and replacement.

D. Olympiad Lure of the Lake Swim Event Request for Waivers - The purpose of this request is for a Waiver of the Noise Ordinance, Chapter 20 Article II on June 10, 2023 from 6:00 am until 10:00 am for this event. The start time for the competition is 8:00 am.

E. Waiver for the Lake Lure Memorial Day Service scheduled for 5/29/23. The purpose of this request is for a waiver of the Noise Regulation, Chapter 20 Article I Sec. 20-28 of the Noise Regulation.

F. Waivers for the Lake Lure Community Independence Celebration scheduled for 7/1/23 at the Lake Lure Beach. The purpose of this request is for a waiver of the Noise Regulation, Chapter 20 Article I Sec. 20-28 of the Noise Regulation.

G. Waiver and suspension for the Lake Lure Farmer’s Market scheduled for Fridays starting in 5/5/23 through 10/27/27. The purpose of this request is for a waiver of the Noise Regulation, Chapter 20 Article I Sec. 20-28 of the Noise Regulation and the Suspension of Chapter 8 Article II: “Peddlers” of the Code of Ordinances.

IX. Unfinished Business: 

A. Resolution No. 23-04-11A Authorizing a Lease Agreement between the Town of Lake Lure and the Rutherford County Tourism Development Authority: There have been ongoing discussions in regard to the Rutherford County Tourism Development Authority (TDA) lease of the Community Center located at 2932 Memorial Highway. There was consensus of support for a one-year lease agreement with the option to renew for nine additional terms of one year. In accordance with General Statutes, the Town Clerk sent notice that the Town Council will consider approving the lease agreement at the April 11th regular meeting. Resolution No. 23-04-11A authorizes the lease agreement between the Town and the Rutherford County TDA. Council adopted Resolution No. 23-04-11A.

B. Resolution No. 23-04-11B Authorizing a 10-Year Grounds Lease Agreement between the Town of Lake Lure and the Lake Lure Flowering Bridge: At the March 14th regular meeting, Town Council approved a grounds lease agreement with the Lake Lure Flowering Bridge (LLFB) with a 12-month term. This short-term lease was approved in order to enter into the agreement in a timely manner while avoiding legally required 30-day notice deadline for lease agreements over one year, which would not allow the agreement to be approved until the April regular meeting and would delay the LLFB progress with their education center project. Both parties wish to enter a 10-year agreement, as it is the longest term authorized without following sale of real property general statutes. However, the Town is in process of seeking a local bill to exceed the 10-year limit. In accordance with General Statues, the Town Clerk sent notice that the Town Council will consider approving the 10-year agreement at the April 11th regular Council meeting. Resolution No. 23-04-11B authorizes the 10-year ground lease agreement between the Town and the Lake Lure Flowering Bridge. Council adopted Resolution No. 23-04-11A.

X. New Business

A. Approval of Basic Facts and Assurances for the 2022-2023 Parks and Recreation Trust Fund (PARTF) Application: Town Manager Perkins advised that Destination by Design is assisting the Town with submitting an application for a Parks and Recreation Trust Fund (PARTF) Grant. The 2022-2023 Basic Facts and Assurances must be approved by Town Council and submitted as a PARTF Grant application requirement. The Basic Facts and Assurances, signed by the Mayor following approval, certifies that the information contained in the PARTF Grant application is true and correct and the required dollar-for-dollar matching funds will be available.  This item was unanimously approved. 
 

B. Resolution No. 23-04-11C Extending the Chimney Rock Village Agreement to Operate Water System: Town Manager Perkins reviewed the fact that there is mutual agreement between the Town of Lake Lure and Chimney Rock Village that an extension of the current agreement to operate water system would allow for sufficient time to address the needs of both municipalities moving forward. Resolution No. 23-04-11C will extend the current agreement to operate water system until December 31, 2023. This item was unanimously approved. 

C. Drain Valve Construction Bid Update: Town Manager Perkins advised that the reservoir drain valve bid had been posted and two contractors submitted bids.  These are under review at the current time.

D.  Duke Power Bill: The ABC Store will be moving and Duke Energy requested that the ABC Board vote to change locations for their power. In addition, it was proposed that Town Council vote to assume Duke Energy payments for the ABC Store starting May 1^st. This item was unanimously approved. 

XI. Adjournment