Town Council Special Meeting Summary - January 16, 2024

Thank you to all those who joined the Town Council Special Meeting on Tuesday, January 16, 2024 at 5:00 PM. The meeting was held in the Lake Lure Municipal Center at 2948 Memorial Highway, Lake Lure, NC 28746. The following is a summary of the meeting for those who could not attend.  Note that these are not formal minutes which will be presented at the next Regular Town Council Meeting.  You may download the meeting packet for additional information. 

I. Call to Order: Mayor Carol Pritchett called the meeting to order and led the Pledge of Allegiance to the United States Flag.

II. Agenda Adoption: The agenda was adopted as written.

III. Mayor's Communications: Mayor Pritchett welcomed everyone and thanked attendees for coming out in the extremely cold weather.

IV. Town Manager's Communications: Town Manager Hank Perkins provided the following updates.

A. Monthly Report: Mr. Perkins presented the following highlights from the Departmental Monthly Reports.

• Public Services: The Public Service Department is busy keeping everything working as smoothly as possible. Routine maintenance has been completed throughout the month, such as, but not limited to, Meter Reading, Meter Installs, Water Leaks, Locates, Bulk Trash Pickup, Work Orders, Facility Maintenance, Wastewater Samples, and Dam, Wastewater Treatment Plant and Hydro Plant Maintenance. Top accomplishments/project updates:
  • Public Works assisted Parks and Recreation in installing all of the Christmas Cheer (Lights/Decorations) throughout Town.
  • Leaf Blowing on Town Maintained Roads has been completed.
  • Scheduled water valve replacement was completed at Jack London RD. Harris and Jack London roads were affected. Work was done in the night and a boil water advisory was sent out, then lifted the following day when all tests came back clear.
• Community Development: Director Mike Williams reports another active month for Community Development. The department issued 31 permits for the month of December as compared to 31 permits in November and performed numerous follow-ups. This includes 16 Zoning, 1 Lake Structure, 1 Land Disturbance Permit, and 1 Vacation Rental Operators. Top accomplishments/project updates:
  • The Zoning and Planning (Z&P) Board reviewed WSRM, LLC’s plans for a commercial woodworking shop at 1804 Memorial Hwy based on the Town’s architectural design standards. The board made a recommendation to the Board of Adjustments that the building plans do meet the design compatibility requirements but with the condition of obtaining DOT driveway approval and sewer/septic connection approvals.
  • Z&P Board also reviewed and approved a recommendation to Council for a text amendment to the Zoning Ordinance to correct a discrepancy regarding the yard setbacks in the R4 zone.
  • Board of Adjustment (BOA) reviewed and approved a Special Use Permit application for the 1804 Memorial Hwy woodworking shop with the recommendation of the Development Review Committee and Zoning and Planning Board. There were conditions required of obtaining sewer tap approval from DEQ and a driveway waiver from DOT. DOT has provided the waiver and the sewer tap is still pending.
  • Lake Structures Appeals Board (LSAB) reviewed a permit for an applicant to add a Decktop Accessory Structure (DAS) to a new boathouse. By code, LSAB must confirm that the neighboring lot’s views are not obstructed by the DAS. Structure was approved.
  • Still working with AT&T/Tillman Construction on cell tower project to resolve a legal signature for their land disturbance permit. We have a workable solution being considered as of January 3rd. Should be resolved this week. Communication on January 3rd with the Senior Project Manager working on the permitting indicates that the remaining permitting application should be submitted by next week. Would give them approximately 3-4 weeks for the building code inspector to review their plans. Estimates that tower construction should take approximately 6 weeks, followed by the antenna mounting. The estimate of the communication tower to be going online by May. This is longer than the previous estimate and may actually be sooner, but still in service before busy season.
  • Successfully went before NCDEQ State Commission, following 6 month as provisional local program, for decision on being awarded fully certified status as a local program enforcing Erosion and Sedimentation Control Program in Lake Lure. We have learned a lot and are proud of our program!
• Fire / Emergency Management: It was still a busy month in December. The department responded to 27 fire/medical/rescue calls throughout the month. Firefighters completed 125 Hours of Training this month.
  • Stood-by for the Duke Energy Work being done on Memorial Hwy. (Helicopter trimming the powerline right-of-way)
  • Held an Annual Volunteer Christmas Party. Also went over the demo with KME Fire apparatus
  • Maintenance of station generator.
• Police: December has given us time to purge and close out 2023 and prepare ourselves for the upcoming year. We are fully staffed with our full-time employees and are always looking for reserve officers to help us out during the busy time of year. We were able to hire and train a new officer who was able to take to the streets on his own with ease, giving us now a full, full-time staff. This officer has been an LEO in another county and just needed to train on our policies and procedures as well as get the lay of the town. Top accomplishments:
  • Staff worked with the Lake Lure Classical Academy for its 4th Annual Raptor Roundup. This program is so beneficial to children at the academy, that don’t have a family and/or the family needs help in making Christmas a happy time for their children attending LLCA. 
  • All staff have now completed all firearms training which was performed partially in Rutherfordton, while some were able to use our shooting range here in Lake Lure. This now completes the yearly training in weapons and all mandated state training.
  • Sgt. Carl Umphlet won our Top Gun Award for firearms this year. This is given to the officer with the highest score calculated between day and night qualifications.
  • Officer Tyler Dills nominated Chief Humphries and NC State Park Ranger Superintendent James Ledgerwood for their actions during a recent threatening suicide call from the top of Chimney Rock. The nominations were to Region C, which is a collaboration of county and city agencies that come together to award outstanding acts in the field of law enforcement. They’re actions were clearly life saving for the young woman willing to end her life. Both still keep in touch with the young woman to support her as she maneuvers her way through the future.
• Parks, Recreation, and Lake: Director Dean Givens and Parks & Trails Coordinator Dana Bradley continue to provide exemplary oversight of the Parks, Recreation, and Lake Department. This month their work included the following:  1. Finalized Commercial Boat Model 2. Boat permit sales 3. Had root revitalization done on crepe myrtle trees in front of the beach 4. Began planning marina maintenance (pressure washing, etc.) 5. Water fountain repair/replacement 6. Dittmer-Watts Nature Trails trail boss walked the trails and reported issues – 1 volunteer; 3 volunteer hours 7. Buffalo Creek Park trail boss walked the trail and reported issues – 1 volunteer; 4 volunteer hours 8. Weed Patch Mountain trail boss walked trail and reported issues – 1 volunteer; 7 volunteer hours 9. DittmerWatts trail boss worked on clearing debris from the trail on 12/4 and 12/5 – 1 volunteer; 3 volunteer hours 10. Organized a workday on the Dittmer-Watts Nature Trails on 12/6 to remove debris and repair erosion – 2 volunteers; 6 volunteer hours 11. Volunteers removed many fallen trees from the Weed Patch Mountain Trail and reported other trees down on 12/12 – 3 volunteers; 21 volunteer hours 12. Organized a workday on the Weed Patch Mountain trail on 12/13 to clear numerous trees from the trail – 4 volunteers; 28 volunteer hours 13. Volunteers cleared several more trees from the Weed Patch Mountain Trail on 12/18 – 6 volunteers; 42 volunteer hours 14. Had staff remove fallen trees and debris from the Dittmer-Watts Nature Trail and Green Space on 12/18 and 12/21 15. Planned upcoming trail maintenance days and recruited volunteers to help 16. Checked Buffalo Creek Park, Dittmer-Watts Nature Trails, and Weed Patch Mountain for damage 17. Utilized volunteers to collect water samples – 2 volunteers; 15 volunteer hours Three notable projects/activities updates:
  • Utilized a total of 129 volunteer hours, valued at $2,580
  • Crepe myrtle tree root revitalization
  • Began planning marina maintenance
• Finance: Revenues and Expenditures Reports are provided as separate attachments to supplement this summary. Revenues continue to track as projected and departments also continue to efficiently use resources in regards to individual line items in the departmental budgets.
  • The Town continued to sustain its strong financial position with an unreconciled bank balance of approximately $9,867,382 for all funds other than special revenue funds (the Dam Fund). Regarding the Dam fund, the first draw was made from the reserve and capital projects fund to remit payment for the drain valve project. After this past month’s payment the fund still holds a balance of approximately $ 15,300,000 including accumulated interest of $406,382.
  • FY 23 audit procedures continue and a comparable amount of detail and review as in prior years is continuing.
  • Costs from the General Navigation Dredging Project were submitted and acknowledged received by have been submitted for reimbursement for the calendar year under the Town’s current grant. A reimbursement of $169,203 is expected to be remitted to the Town for recoupment of 75% of the total costs ($225,604) the Town has incurred.
• Communications: Communications Director Krejci continues her community outreach along with progress in all areas. There were 30 news articles published on the town’s website and were sent to 2,069 by hyperlink. There were 8,600 website users in December 2023 compared to 6,169 website users in December of 2022. The Town of Lake Lure has 20,676 followers on Facebook as of December 2023, representing an 8% increase (+1,481) over December of 2022. Lake Lure continues to wait for the State Dam Safety Office to provide it with a grant contract for Initial Field Investigations. The amount of the grant award is $425,921. Top Highlights:
  • Lake Lure was voted by our followers as the Best Lake in North Carolina in the NC Trippin’ contest!
  • Events Team helped the Library plan and promote the Blue Cho Train Ride Event. The Library did a great job hosting the event at the Gazebo with over 90 attendees. We hope this will be an annual event.
  • Maintaining consistently high visibility and reach on social media and the website with a 39% increase in website users over the same period in December 2022 and over 1,400 new followers in the same time frame.
• Manager / Clerk / Admin Summary: December 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 Ruby Collins and Labella Engineering on the new sewer system and planning. In addition, the installation of the Dam valves continues to be underway and making progress. Highlights:
  • Council addressed and decided on the leasing of the old ABC Store site.
  • Conducted meeting #2 with Architects on the Fire Department Space Needs Study.
  • Worked on the approvals for applying for NCDEQ assistance to conduct the Lead Service Line inventory as required by the EPA.
  • Approved amendment #3 with Ruby Collins for Design Build Contract on engineering for the next 2 years of SASS sewer work.
  • Task 17 approval for Water System Consolidation Plan with Labella.
  • Established the Capital Reserve for Sewer needs.

B. Review Actions Taken at December’s Work Session and Action Meeting: Adoption of Resolution No. 23-12-20 for Lead Service Line Loan Application

In December, Town Council adopted an ordinance amending Code of Ordinances Chapter 4 (“Animals”) to allow chickens in Town limits. The ordinance also establishes regulations regarding chickens, including an annual fee for ownership of chickens. Town staff recommends amending the FY 23-24 Land Use Fee Schedule to add the annual chicken registration fee of $100.

V. Council Liaison Reports and Comments

• ABC Board: Commissioner Doster gave a brief overview and advised that the Board met on 12/18/23 and everything seems to be running smoothly. He advised that the Manager was doing a great job.
• Zoning and Planning Board: Commissioner Doster reported the activities of the Zoning and Planning Board
• Parks and Recreation Board: Chairperson Jim Walters provided an update on the Board.
• Lake Advisory Board: Commissioner David DiOrio reported the activities of the Lake Advisory Board
• Board of Adjustment/Lake Structures Appeals Board: Commissioner David DiOrio noted that the Board of Adjustment / Lake Structure Appeals Board met.

VI. Presentations
A. Parks and Recreation Board Annual Report: Chairperson Jim Walters provided an overview of the Parks and Recreation Board.  He highlighted the work of the Board and thanked the seven members and one alternate member.  He especially thanked Vice Chair Ed Dittmer who served as chairperson for many years before him. 

• Mr. Walters noted that there have been a vast amount of changes with membership since last month
• Three members have terms expiring and two have submitted applications for re-application, one did not (Vice Chair Ed who has been on the board for 18 years).
• At the last meeting, made the recommendation to move the current alternate to fill the current vacancy.
• Moe Bay and Chair Walters also resigned from the Board, so these positions are open.
• He explained that he and his wife are moving which is why he has to resign.
• The chair position is open and he would like to see a current member to be the chair if they are willing.  
• The Chair of the board is also the chair of the steering committee.
• The Board will be reviewing all applications and make membership recommendations to the Council.
• Mr. Walters reflected on the accomplishments of the Board over the past year.
• The Town Parks have been expanded over the years including the green space. 
• The Morse Park plan has been an accomplishment
• Through Conserving Carolina, another park was opened in September with the Upper Boulders Trail off Buffalo Creek Park which has been popular and is well-used.
• These parks are all assets and the trails are phenomenal and they are being used.
• The vision of what to accomplish moving forward is to determine how to continue to enhance the use of all of the Town’s park facilities. We use these for events and festivals, but there could be even more uses.
• The Mayor noted that no one could have done a better job at leading the Parks and Recreation Board and the Steering Committee and thanked him for his service.
• She expressed that it will be important moving forward to ensure that we are making the best use of the land we have and Parks and Rec will be a big part of that.
• Town Council thanked Mr. Walters.
• Mr. Walters thanked Ed Dittmer and other Board members, former members for their service,
• Mr. Walters thanked the Town Clerk Olivia Stewman, Kat Canant, Corbie Bradley, Dean Givens, and Dana Bradley.

VII. Public Comment: 

• Jonathan Hinkle, 268 Firefly Cove, Lake Lure.  Mr. Hinkle shared that every time the Zoning Officials change, the interpretation of the zoning requirements changes.  He expressed concerns regarding the decisions made by Community Development Staff and gave numerous examples of the challenges he has experienced.  He stated that he had discussed the matter with the Community Development Director, the Zoning and Planning Board, and the Town Manager but nothing ever changed. The Mayor thanked him for sharing his comments.  She advised that these were personnel matters and should be discussed with the Community Development Director and the Town Manager.

VIII. Consent Agenda: The Consent Agenda was approved
A. Approval of the December 12, 2023 Regular Town Council Meeting Minutes and the December 20, 2023 Town Council Work Session and Action Meeting Minutes

IX. Unfinished Business: There was no unfinished business to discuss.

X. New Business
A. Resolution No. 24-01-09 Approving Use of Available Funds for Morse Park Master Plan and Approving Reduced Scope for Current Phase

• The Town continues to focus the Morse Park Master Plan and how to realistically achieve the overall plan through phases and improvements.
• The Town had originally moved forward with pursuing a larger scope for the current phase of the Morse Park Master Plan, but was not awarded two significant grants.
• Grants were awarded by RHI Legacy Foundation and the North Carolina Division of Water Resources (DWR).
• In addition to the grant, the Town has Rutherford County Tourism Development (TDA) funds and the Town’s matching contribution.
• However, with the lack of other significant funding sources, it has been determined that the scope for the existing phase of the Plan should be reduced in order to proceed with the project and work towards completing the entirety of the Plan in a timely manner.
• The reduced scope will include parking expansion and improvements and public restrooms.
• These improvements will support the growth of Morse Park as future phases are completed.
• The reduced scope has been approved by RHI Legacy and DWR.
• The Lake Lure Steering Committee has recommended that Town Council approve the reduced scope for the current phase of the Morse Park Master Plan and the use of available funding. Resolution No. 24-01-09 would solidify the recommendation by the Steering Committee.

RESOLUTION NO. 24-01-09 RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF LAKE LURE APPROVING USE OF AVAILABLE FUNDS FOR MORSE PARK MASTER PLAN AND APPROVING REDUCED SCOPE FOR CURRENT PHASE WHEREAS,

• the Town of Lake Lure adopted the Morse Park Master Plan was adopted in 2018 and the Town intends to complete the Plan in phases;
• and WHEREAS, the Town has a limited amount of funds to complete the current phase of the Morse Park Master Plan;
• and WHEREAS, the Town has a goal to continue progress towards completing the entirety of the plan and to complete as much work as possible with the current available funds including $884,050 in local funding, $200,000 grant from the NC Division of Water Resources, $26,000 Rutherford County Tourism Development Authority Trails grant, and $100,000 grant from RHI Legacy;
• WHEREAS, the current available funds equate to $1,210,050 and would allow the Town to expand parking and restrooms included in the Morse Park Master Plan with an estimated cost of $1,209,970; and WHEREAS, the current phase of the Morse Park Master Plan included additional features that cannot be funded at this time;
• and WHEREAS, using available funds to complete the reduced scope of the current phase of the Plan to expand parking and install restrooms would support future phases of the Morse Park Master Plan;
• and WHEREAS, the Lake Lure Steering Committee has recommended the approval of use of available funds for the Morse Park Master Plan and the reduced scope for the current phase of the plan.
• NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF LAKE LURE, NORTH CAROLINA: SECTION ONE.
• The Town Council of the Town of Lake Lure hereby approves the use of available funds for the Morse Park Master Plan and the reduced scope for the current phase of the Plan.

This resolution was approved.

B. Land Use Fee Schedule Amendment to Add Annual Chicken Registration Fee: 

In December, Town Council adopted an ordinance amending Code of Ordinances Chapter 4 (“Animals”) to allow chickens in Town limits. The ordinance also establishing regulations in regard to chickens, including an annual fee for ownership of chickens. Town staff recommends amending the FY 23-24 Land Use Fee Schedule to add the annual chicken registration fee of $100.

This amendment was approved.

C. 2024 Rumble Event Waiver Requests

• The Rumble is a rock climbing competition and non-profit fundraiser for the Carolina Climbers Coalition.
• Registration takes place in Municipal Hall.
• Rock climbing takes place at Rumbling Bald.
• There is an after-party with sponsors in Morse Park and camping takes place in Morse Park.
• The Carolina Climbers Coalition is requesting a waiver and/or suspension of the following:
  • Waiver of Fees for use of Municipal Hall and Morse Park which will make the Town of Lake Lure a Gold Sponsor of the event.
  • Waiver of the Noise Regulation, Chapter 20 Article II.
  • Suspension of Chapter 36 of the Zoning Regulations: “Campgrounds” and “Camping”.
  • Suspension of Chapter 8 Article II: “Peddlers” of the Code of Ordinances.
• Town Council has supported this event for several years and have found that the Carolina Climbers Coalition Rumble Event is a positive impact on the economy and the community.

The suspensions and waivers were approved.

D. Dogwood Health Trust Grant Application

• One of the priorities for the Town of Lake Lure is increasing work force housing.
• The Town has been meeting with the Foothills Regional Commission as well as the Gateway Wellness Foundation to discuss this matter.
• It has been recommended that an important step in assessing the Town’s needs is through a Housing Assessment. Dogwood Health Trust offers grants to support these types of studies and Town Staff recommends applying for this grant.
• The first step in the grant process is completing a Strategic Opportunities Engagement Form with Dogwood Health Trust.
• This document is due 1/26/24.
• Once this document is completed, a member of the Dogwood Health Trust Team will follow up to discuss if the ideas submitted match the 2024 grant goals.

Proceeding with this application was approved.

E. Resolution No. 24-01-09A Authorizing the Town to Proceed with Option Four of the Lake Lure Advanced Planning for Fire and Police Conceptual Design

• The Town previously reached a consensus that a new fire station would be necessary in the future.
• In conversations, it was also determined that it would be ideal to incorporate the future police station to create a Public Safety Facility.
• Town staff worked with ADW Architects to create the Lake Lure Advanced Planning for Fire and Police Conceptual Design.
• The Conceptual Design included various options, which were ultimately narrowed down by Town staff and ADW to four viable options.
• Each of the four options have been evaluated and it was determined that the best option to pursue is Option Four. Option Four is located on Town owned property off of Highway 9 across from Ingles and adjacent to Dittmer-Watts Trail.
• Unlike various other options, Option Four does incorporate the future police station, along with the fire station.
• The location is sufficient in terms of response time, visibility, and central location.
• The total estimated price of Option Four is $13,836,680, which is similar to other options that were less desirable.
• There has been overall consensus to proceed with Option Four and Resolution No. 24-01-09B would authorize the Town to do so.
• Town staff will identify funding sources based on the estimates in Option Four. Once funding is determined, staff will work with a qualified firm on the design of the facility.

This recommendation for location option four was approved.

F. Resolution No. 24-01-09B Authorizing the Town of Lake Lure to act as the Financially Responsible Party for the Land Disturbance Permit Related to the Cell Tower Construction. 

RESOLUTION NO. 24-01-09A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF LAKE LURE AUTHORIZING THE TOWN TO PROCEED WITH OPTION FOUR OF THE LAKE LURE ADVANCED PLANNING FOR FIRE AND POLICE CONCEPTUAL DESIGN

WHEREAS, there is a crucial need to replace the existing fire station to increase the health and safety of fire and emergency management staff;

and WHEREAS, it would be beneficial to incorporate the Police Department into the same campus to establish a Public Safety Facility;

and WHEREAS, Town staff has worked with ADW Architects to create the Lake Lure Advanced Planning for Fire and Police Conceptual Design;

and WHEREAS, A Conceptual Design was completed that includes four viable options for space needs and approximate cost the site of the future Public Safety Facility;

and WHEREAS, Town staff and Town Council reviewed the Conceptual Design and evaluated each option at the Council’s annual planning meeting held on January 8th, 2024;

and WHEREAS, it was determined that Option Four of the Conceptual Design meets the Town’s needs, is reasonably priced in comparison to the other options, and is in a centrally located and visible location which is already owned by the Town.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF LAKE LURE, NORTH CAROLINA: SECTION ONE. The Town Council authorizes the Town to proceed with Option Four of the Lake Lure Advanced Planning for Fire and Police Conceptual Design.

SECTION TWO. Town staff will work towards identifying funding resources based on the costs associated with Option Four and will work with a qualified firm on design and execution following the identification of funding.

This resolution was approved.

XI. Adjournment: The meeting was adjourned.