Town Council Work Session Meeting Summary - July 26, 2023 - 8:30 AM

Thank you to all who joined us for the Town Council Work Session on Wednesday, July 26, 2023 at 8:30 AM in Municipal Hall. The following is a summary of the meeting for those who could not attend. You may download the meeting packet here for further details.  Please note that this is a summary and not formal minutes.  Minutes from this meeting will be included in the following month's meeting packet for the Regular Town Council Meeting.  

I.   Call to Order: Mayor Pritchett called the meeting to order.

II.  Agenda Adoption: The agenda was approved with one addition.  

III. Review Ruby-Collins Proposed Agreement Amendment 02: Ruby-Collins has submitted Agreement Amendment 02 for the Subaqueous Sanitary Sewer Replacement Project for the amount of $1,482,095.

• The purpose of Agreement Amendment 02 is to carry forward the Phase 1 GMP scope and allow the Project Team to attempt HDPE, lateral and manhole installation along the northern shore of Sunset Cove.
• During the upcoming drawdown period, it is anticipated that the execution of this work will help the Project Teamwork through the learning curve of pipe, manhole and lateral installation in the backshore.
• All boats may remain in their boathouses during the work.
• The HDPE pipe, manhole and lateral installation work for the North Shore of Sunset Cove will begin around January 01, 2024, and work within the window of January 01, 2024, to March 31, 2024.
• If approved, the contract amount with the inclusion of Amendment 02 will be $2,972,095.
• This price includes materials, labor, equipment, subcontract, general conditions, design-builder fees, and bonds and insurance. Additional details can be found in the attached proposal.
• There was a discussion regarding the project with Project Manager Mike Dydula, Brian Houston with LaBella Engineering, and Gary Johanik. They have given an update to Landon Davidson with NC DEQ.
• A Special Town Council Meeting will be scheduled for Friday, 7/28/23 at 9:05 AM to approve this contact.

IV.  Review Proposed LaBella Task 5 Amendment: LaBella Associates has submitted a proposed amendment to Task 5 for an extension of budget for various on-call services not specifically addressed by other approved Tasks.

• Such on-call services were previously addressed by Task 5 which was fully expended and invoiced in 2021.
• LaBella is proposing to add $25,000 to the Task 5 budget, bringing the Task 5 total amount to $50,000.
• Many services covered under Task 5 require only a minimal of effort, which is why LaBella is proposing that they will not be required to obtain written approval before charges are incurred or invoiced.
• However, LaBella will notify and seek such approval from the Town for any individual effort which is expected to exceed $1,000.
• Work under this Amendment will be charged at hourly rates plus costs (without markup) current as of the time charged or expense incurred.
• LaBella will continue to submit monthly invoices that track the charges for each individual task.
• This will be presented at the 8/8/23 Regular Town Council Meeting.

V. Cycle NC Mountain Ride Reminder:  Communications Director Laura Lrejci presented an overview of the  pLans for the Cycle NC event: 

• Lake Lure will be hosting the Cycle North Carolina Mountain Ride event.
• The event will take place from August 4, 2023 to August 6, 2023.
• The event is expected to bring in 300+ cyclers and their family members to Lake Lure and it is expected to have a positive impact on the economy and the community.
• All event waivers and applications have been completed and approved.
• This is a summary of the camper locations.
• Note that the "On the Fly" Food Truck will be set up ion Morse Park for Breakfast on 8/5/23 and 8/6/23.
• Morse Park: 88 people have indicated they are outdoor camping
• Roosevelt Hall: 8-20 people have indicated they are indoor camping (this could change if the weather forecast is rainy.)
• RVs: There will be 22 RVs are register to set up in Keeter Field The balance of the Cyclers and their families will be staying at the Lake Lure Inn and other hotels and vacation rentals in the area.
• We have confirmed plans for a rest stop in Rumbling Bald on Sunday, 8/6/23.

The following is a summary of the schedule for Cycle NC:

Friday, August 4th @ 1pm

• Cycle NC Campsite at Morse Park and Roosevelt Hall at Lake Lure Inn opens for set up
• At 1 p.m. participants may begin setting up their camping area (outdoor and indoor) in the designated areas only once they have checked in.
• Access (parking, camping, etc.) is not permitted until 1 p.m. on Friday, August 4, so please DO NOT arrive before 1 p.m.
• As a reminder, participants must be checked-in and wearing their Cycle NC wristband prior to setting up their camping area.
• 1pm-5pm Cycle NC Rider Services and Check-in
• Check-in opens at the Cycle NC Rider Services located at Morse Park (2948 Memorial Hwy, Lake Lure, NC).
• Check-in and Rider Services will be open from 1pm to 5pm.
• Participants will receive their event wristband that must be worn at all times during the weekend.
• Participants will also receive their official ride t-shirts.
• Cycle North Carolina merchandise will be available for purchase.

• :1pm-5pm Local Welcome Booth Opens: 
• The local welcome booth will provide participants with local information, area maps, restaurant information, weekend activities and local discounts.
• Stop by the local welcome booth to get information about what the Lake Lure and Rutherford County area has to offer when you are not riding.
• 1pm-5pm: Tune Up Route Option Available Warm up your legs for the weekend on this scenic 12-mile route that takes you along the banks of Lake Lure, including a short climb out of the valley and then back down again.
• SAG support will not be available. 6pm-7:30pm Cycle NC Welcome Luau at the Lake Lure Beach!
• Join the Cycle NC staff and town representatives at the covered pavilion on Lake Lure Beach for the official Cycle NC Welcome Luau.
• The beach is in easy walking distance of all campsites and the Lake Lure Inn & Spa.
• The Luau will include free beer from New Belgium Brewing Company and Hawaiian BBQ, Slaw, Fruit Salad. And no luau would be complete without Pineapple Upside-down Cake for dessert. 

Saturday, August 5th

• 6am-9am: Breakfast available at Morse Park Lured Market and Grill/On the Fly Food Truck will be offering coffee and breakfast items in the parking lot of Morse Park.
• 8am-12pm: Cycle NC Rider Services and Check-in Open Check-in and Rider Services will be open from 8am to 12pm at Morse Park.
• Participants will receive their event wristband that must be worn at all times during the weekend when you check-in.
• Participants will also receive their official ride t-shirt.
• 8am-12pm: Local Welcome Booth Open The local welcome booth will provide participants with local information, area maps, restaurant information, activities and local discounts.
• Stop by the local welcome booth to get information about what the Lake Lure and Rutherford County area has to offer when you are not riding.
• 8am-3pm: Cycle NC Routes Open All routes open at 8:00 am.
• All routes begin and end at Morse Park.
• All routes will close at 3:00 pm.
• Check your cue sheets for the opening and closing times for each rest stop. 6pm-7:30pm CNC Mountain Ride Social and Low Country Boil at the Lake Lure Beach!
• The Cycle NC Mountain Ride Social for all registered participants will take place at the covered pavilion at Lake Lure Beach.
• The low country boil menu features a salad, peel & eat shrimp, red potatoes, corn on the cob, andouille sausage, onions, saucy lemon and bread.
• Free beer will be provided by New Belgium Brewing Company.

Sunday, August 6th

• 6am-9am: Breakfast available at Morse Park Lured Market and Grill/On the Fly Food Truck will be offering coffee and breakfast items in the parking lot of Morse Park.
• 8am-10am: Cycle NC Check-in Rider Services Open Rider Services located at Morse Park will be open until 10am.
• This is the last chance to purchase your Cycle NC Merchandise before departing! 
• 8am-2pm: Cycle NC Routes Open All routes open at 8:00 am. All routes begin and end at Morse Park.
• Check cue sheets for the opening and closing times for each rest stop.
• All routes close at 2:00pm.

VI. Lake Lure Classical Academy Discussion Follow-up: Lake Lure Classical Academy (LLCA) has formed a committee to assess the requirements and the costs associated with building a school cafeteria.

• Communications Director Laura Krejci is serving on the committee and the members asked her to confirm if the Town would like to utilize the Gymnatorium as an emergency shelter if the school cafeteria was built.
• If the Town is interested, they asked that the emergency shelter requirements for the cafeteria be outlined so these specifications could be incorporated into the design.
• Additionally, there was a request to confirm any financial contribution they could anticipate from the Town to cover the emergency shelter requirements.
• Ms. Krejci met with Town Manager and Fire Chief/Emergency Management Coordinator to discuss this request.
• Fire Chief Dustin Waycaster researched the requirements for an emergency shelter and these were shared with Town Council to get their input on 6/28/23.
• Chief Waycaster advised that a transfer switch, lighting, and a generator would be needed.
• There was a discussion about this and Town Council was supportive of exploring the needs further and working with the school to see what the costs would be. 
• Town Manager Hank Perkins, Fire Chief/Emergency Management Coordinator Dustin Waycaster, and Communications Director Laura Krejci attended the Cafeteria Committee meeting on 7/10/23.
• The Senior Project Manager and Architect Emily Kite presented a draft drawing of the cafeteria.
• Mr. Perkins provided an overview of the discussion with Town Council and Chief Waycaster highlighted the emergency shelter requirements.
• Mr. Perkins asked if the architect could assess the cost for the transfer switch, lighting, and a generator and advise the Town of these costs.
• The next meeting is scheduled for 8/2/23.

VII. Review Zoning and Planning Board Recommendations Regarding Bars: Community Development Director Michael Williams provided the following overview. 

• The Zoning and Planning Board have been reviewing ordinances in regard to bars, taverns, nightclubs, and alcohol sales for on premise uses.
• The Chamber of Hickory Nut Gorge approached the Zoning and Planning Board to discuss this subject due to recent regulation changes by the North Carolina ABC Commission and increased desire to open related businesses in the community.
• As of current, the Town’s Code of Ordinances only allow bars, taverns, nightclubs, and alcohol sales for on premise uses in the Commercial Shopping Center (CSC) District through a special use permit.
• The CSC District is a small portion of Town primarily located on the Ingles Plaza property.
• The Board deemed that it is appropriate to define “bars” and “restaurants” in order to be consistent with the state and increase clarity.
• The Board deemed that it is acceptable to consider allowing bars in all commercial districts through special use permits approved by the Board of Adjustment.
• Following comprehensive discussions, the following recommendations were made by the Zoning and Planning Board:
• To modify Code of Ordinances Section 36-5 (“Definitions”) to include definitions for “bars” and “restaurants” as follows: Bar means an establishment that is primarily engaged in the business of selling alcoholic beverages and that does not serve prepared food as defined in N.C.G.S. 105-164.3(179). A bar shall not include a brewery, winery, or distillery.
• Restaurant means an establishment substantially engaged in the business of preparing and serving meals. To qualify as a restaurant, an establishment's gross receipts from food and nonalcoholic beverages shall be not less than thirty percent (30%) of the total gross receipts from food, nonalcoholic beverages, and alcoholic beverages. A restaurant shall also have a kitchen and an inside dining area with seating for at least 10 people.
• To allow bars through special use permits in the following districts: Commercial Town Center, Commercial Shopping Center, Commercial General, and Commercial Neighborhood.
• To modify Code of Ordinances Section 36-65 (c) (2) to remove all language aside from “Bars.”
• At the next Zoning and Planning Board meeting, the Board will discuss possible criteria for the Board of Adjustment to consider when reviewing special use permit applications for bars and any comments made by Council.
• There was a lengthy discussion regarding this topic. The next step is to take this back to the Zoning and Planning Board for further clarification.

VIII. Parks and Recreation Trust Fund (PARTF) / Boys Camp Road Update: Town Manager Hank Perkins explained that considering recent findings in regarding to the guidelines of Parks and Recreation Trust Fund (PARTF) grants, Parks, Recreation, and Trails Coordinantor Dana Bradley conducted research to ensure that all PARTF guidelines are being met for all Town projects.

• In 2019, the Town received a PARTF grant for an acquisition project for Boys Camp Road.
• At the time of the award, the Town had no plans to place a cell tower on that property.
• Town staff found that cell towers are prohibited by PARTF guidelines for land acquisition.
• Due to the necessity to construct the planned cell tower, Town staff has been in the process of requesting approval for a conversion of that portion of the property.
• In most recent communications, Town staff learned that PARTF administrators are requesting that the .17 acres required for the cell tower be exchanged for an alternative Town location with similar value to be designated for recreation uses following PARTF guidelines.
• Parks, Recreation, and Trails Coordinator Dana Bradley is in the process of gathering additional information from the Town’s contact.

IX. Review Resolution Supporting Foothills Rural Planning Organization (RPO) Prioritization 7 Submittals: The Foothills RPO are one party actively working to develop comprehensive transportation submittals for the region, including Lake Lure.

• The purpose of the submittals is to work towards improving all modes of transportation for the region.
• The Foothills RPO is requesting that the Town of Lake Lure adopt a resolution establishing support submittals to the State Transportation Improvement Program during Prioritization 7.

X. Review Budget Amendment #352 for Lake Lure Flowering Bridge Parking Lot: Town Council recently approved a request from the Lake Lure Flowering Bridge (LLFB) in regard to assistance with funding for volunteer parking in the amount of $8,000.

• Budget Amendment #352 is for the purpose of funding the approved request.
• This Budget Amendment will be on the August 8th regular Town Council meeting agenda for approval.

XI. Lake Lure Green Space Updates: Town Manager Hank Perkins led a discussion in regard to the Lake Lure Green Space including plans for the space needs study related to the Fire Department, master planning, and communications with the interested party who submitted the golf course revitalization proposal.  

• Mr. Perkins summarized his discussion with recent discussions with Luke Davis. 
• He explained that he advised Mr. Davis that the Town required some of the land in the green space for Town needs and asked if his interest could be considered for a smaller portion of the space. 
• Mr. Perkins also communicated that a concession agreement would be required for any potential uses. 
• He advised that Mr. Davis indicated that his potential project would require the full green space and did not include a concession agreement. 
• Town Council discussed this and would like to proceed with plans for a Master Planning process to consider how to proceed with the future of the Lake Lure Green Space.

XII. Project Updates: 

• Firefly Cove Well:  Mr. Perkins explained that the Fire Fly Water System Management Plan (WSMP) should be in by the end of the week. They are beginning to hook up but cannot connect until the WSMP i approved.  Dean Lindsey advised that the system will be tested and he hopes to have approvals within the next month. This will be a back-up for the town. It was noted that the NC Department of Environmental Quality (DEQ) will need to know the amendment to Task 5 once Town approves it.
• Amendment 5: Project Manager Mike Dydula will let DEQ know after the approval is made. 
• Reservoir Drain: Morgan Corporation is overseeing this project. We need to resolve trying to get the permissions from property owners for an easement. Rerouting the Sewer Pipers near the reservoir drain so it is out of the way. A change order will be forthcoming for electrical work. 
• Tryon Road Demolition: The Town solicited for bids. Two bids came back. The best bid is $80,850 DH Griffin. Odom will manage the project for $2,000. We would plan to leave the foundation there. The Town will need to add the cost of the demolition when the property is sold. The timeline for the project is to present for approval at the 8/8/23 Town Council Meeting and award the contract 8/9/23. 
• Tryon Bay Home Removal: The Town solicited 6 bids for the Tryon Bay removal and two bids were received. The low bid was 80,000. Mr. Dydula noted both firms have a 10% contingency and stated that there may still be additional costs. If approved at the August 8, 2023 Town COuncil Meeting it will be awarded August 9^th and they can do it as soon as possible. It was recommended that we forwarn the residents of Tryon Bay and others that this will be taking place soon.  

  DOT: Mr. Dydula noted with the easement being an issue he has slowed down with DOT. The contract to get Schnabel to start doing the investigation work is waiting on the FEMA grant contract, but we do have an idea that the dam is going to go south of it and he has asked Schnabel to evaluate which properties will be impacted. Mr. Dydula recommended getting in contact with a land attorney and wants to get DOT involved, as well.

• XIII. Town Manager Updates:

• Chimney Rock Village Utilities Agreement: Mr. Perkins made a request to Chimney Rock Village (CRV)  for an agreement to formalize the process for collections. Currently, the Town administers and collects the CRV water bills and sewer bills. Mr. Duncan, the CRV Administrator would like to add a fee for maintenance so they will have funds to make repairs as needed.
• Former ABC Store Bids: Mr. Perkins advised that he had two proposals in hand and two are expected by the end of the week.  These will be reviewed at the August Work Session scheduled for 8/16/23 at 8:30. 
• Round Tables: Two Round Table Meetings will be held the third week in September. 

XIV. Synagro Updates: Synagro, a Waste Recycling, Biosolids Treatment Company forwarded an estimate for $85-100,000 which includes emptying the sedimentation so when we get the to sustain the process. The sedimentation basin is full but this would clean everything in 4-6 weeks. This is a turn-key operation which includes emptying the sediment basin, cleaning, and preparation for the belt press. There will be a budget amendment for this expense at an upcoming Town Council approval. There was consensus to put a budget amendment on the August agenda and move forward.  

Adjournment: The meeting was adjourned.