Town Council Regular Meeting Summary - Tuesday, February 13, 2024

Thank you to all those who joined Town Council for their Regular Meeting on Tuesday, February 13, 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 included in the following month's meeting packet.  You may download the meeting packet for additional information.

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

A. Pledge of Allegiance and Invocation: Commissioner Bryant led the Invocation and Commissioner Proctor led the Pledge of Allegiance.

II. Agenda Adoption: A motion was passed to add personnel to the closed session.

III. Mayor's Communications:  

Mayor Pritchett recognized the Rumbling Bald Golf Course staff, Rutherford County EMS, the Lake Lure Fire Department, and the ER staff at Mission Hospital in Asheville.

• They provided an amazing display of teamwork in treating a Rumbling Bald Golf Course Employee who had a medical incident last week and had to be airlifted to Mission for treatment.
• She thanked everyone who participated in this exceptional response to a life-threatening situation.

    Additionally, she reported that last week the Town recognized the Lake Lure Police and the Lake House Restaurant had a recognition dinner for them.

• She highlighted the article that was recently published on the Safest Places to Live in North Carolina.
• The article stated that according to the “Federal Bureau of Investigation and the U.S. Census Bureau….the city with the lowest crime rate per capita than any other in North Carolina is Lake Lure.”
• She added that our stellar Police Force keeps us safe!

      Mayor Pritchett also advised that the Comprehensive Plan will be reviewed and updated with Town Council oversight, advisory board and staff input, and public review and input in the form of a Public Hearing once the document has been updated.  

IV. Town Manager's Communications: Town Manager Hank Perkins provided a high-level overview of updates from the departmental monthly reports.

1) Public Services – The Public Service Department is busy keeping everything working as smoothly as possible with oversight from Director Dean Lindsey.

• Routine maintenance has been completed throughout the month including 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 for the month include the following:
  • Took down the Christmas tree and holiday decorations around town.
  • Completed the Annual Dump Inspection.
  • Supported Morgan Corp and Ruby Collins with ongoing projects related to the reservoir drain and the sewer system replacement projects.
  • Repaired the washout on Luther Burbank.
  • Cleaned ditches on Marina Dr, Hummingbird Cove, Snug Harbor, and Storm Ridge.
  • Trimmed tree canopies along Tryon Bay.
  • Placed 25 MPH speed limit signs on Seton and Washburn.
  • Completed almost 50 811 Locators.
  • Completed contract with Munoz Painting to paint and pressure wash 3 water houses.

2) Community Development – Director Mike Williams reports another active month for Community Development.

• The department issued 39 permits for the month of January and performed numerous follow-ups, as compared to 31 permits in December. This includes 19 Zoning, 8 Lake Structure, 4 Land Disturbance Permit, and 4 Vacation Rental Operators.
• Top accomplishments/project updates:
  • The Board of Adjustment (BOA) reviewed and approved 4 variance requests of which two had conditions imposed.
  • The Lake Structure Appeals Board (LSAB) reviewed and approved 1 variance request for a shoreline projection measurement adjustment on the basis that it was a pre-existing impact.
  • Tillman Construction, the company that will be installing the new cell tower for AT&T, now has all Town permits submitted and Community Development has approved them. They are in the process of obtaining their building permit from the County. The tenant lease agreement was signed and the tower is on track to be erected and in service in May 2024!

3) Fire / Emergency Management – It was another busy month in January. The department responded to 28 fire/medical/rescue calls throughout the month.

• Firefighters completed 321 Hours of Training this month.
• The following is a partial list of accomplishments:
  • Lake Lure Fire Department hosted the AEMT Training Update taught by RCEMS.
  • Completed monthly Fireboat Maintenance.
  • Performed Medical Bag checks and Medicine date checks.
  • Inspected all AED’s in town. 

4) Police – The Police Department reports that traffic has slowed down significantly around town.

• Officers have been using this time to begin their training on the 2024 In Service Classes which they can take online.
• Top accomplishments include the following:
  • 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.
  • Chief Humphries and Superintendent James Ledgerwood of Chimney Rock State Park attended the Region C Award function wherein they both received the Region C Award for their acts of valor and compassion in helping a person attempting suicide from Chimney Rock. The individual was taken to a care center where she received treatment and continues communicating with Chief Humphries.
  • We are blessed to have receive a donation from the Lake Lure Mahjongg Mavens, who donated funds to purchase gear for our department. We have already purchased items with their gracious donation. In many of the recent school shootings, the shooters locked and sometimes chained the door behind them after entering the school to carry out their evil plans. The barricading of doors are used to slow down law enforcements entry into the school. Chief Humphries recently attended a Chiefs conference in which the Chief of the department that responded to the Parkland School shooting in Florida said all officers need to have breaching equipment in their vehicles. This group’s donation allowed us to equip two officers with these much needed tools.

5) Parks, Recreation & Lake – Director Dean Givens and Parks & Trails Coordinator Dana Bradley continue to provide exemplary oversight of the Parks, Recreation, and Lake Department. 1. Boat permit sales 2. Budget planning 3. Worked on updates to Boater’s Guide 4. Worked on updating BCP trail map 5. Began planning marina maintenance (pressure washing, etc.) 6. Water fountain repair/replacement 7. Dittmer-Watts Nature Trails trail boss walked the trails and reported issues – 1 volunteer; 3 volunteer hours 8. Buffalo Creek Park trail boss walked the trail and reported issues – 1 volunteer; 4 volunteer hours 9. Weed Patch Mountain trail boss walked trail and reported issues – 1 volunteer; 7 volunteer hours 10. Volunteers reported many fallen trees on the Weed Patch Mountain Trail and a few of them on 1/12 an 1/14 – 3 volunteers; 36 volunteer hours 11. Organized a workday on the Weed Patch Mountain trail on 1/18 to clear numerous trees from the trail – 2 Volunteers and 2 staff; 16 volunteer hours 12. Dittmer-Watts trail boss cleared downed trees from the trail on 1/30 – 3 volunteers; 6 volunteer hours 13. Planned upcoming trail maintenance days and recruited volunteers to help 14. Checked Buffalo Creek Park, Dittmer-Watts Nature Trails, and Weed Patch Mountain for damage 15. Utilized volunteers to collect water samples – 3 volunteers; 13 volunteer hours 2

• Three notable projects/activities updates:
  • Utilized a total of 85 volunteer hours, valued at $1,700
  • Began selling 2024 boat permits
  • Began planning marina maintenance

6) 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 $9,900,000 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 $ 14,300,000 including accumulated interest of $435,020.
• FY 23 audit procedures continue and comparable amount of detail and review as in prior years is continuing.
• The department is processing and submitting many of the required biannual and annual reports and forms to various state regulatory agencies and funding sources.
• Efforts are continuing to analyze potential cost savings with vendors and possible changes and even termination of long standing service agreements or services deemed no longer necessary or outdated. An example is agreements with ATT regarding outdated telecommunication services.

7) Communications – Communications Director Krejci continues her community outreach along with progress in all areas.

• There were 42 news articles published on the town’s website and were sent to 2,069 by hyperlink.
• There were 11,000 website users in January 2024 compared to 10,331 website users in January of 2023.
• The Town of Lake Lure has 20,748 followers on Facebook as of January 2024, representing a 7% increase (+1,439) over January of 2023. 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:
  • Workforce Housing Site Visit and Action Plan
  • Dogwood Health Trust Grant Submission
  • Coordination of Recognition of Mary Karr

8) Manager / Clerk / Admin Summary January was a busy month including an array of staff, council, and board meetings and ever-changing day-to-day operations.

• In addition, the installation of the Dam valves continues to be underway and making progress. Meeting Packet Page 5 of 149 Highlights:
• Council addressed the results of the Fire Department Space Needs Study and recommended the future site of the new Fire Department to be located on Town property on Hwy 9 across the highway from Ingle’s Shopping Center.
• Presented, discussed, and received feedback from the Town Council on the draft lease for 2654 Memorial Highway (“Old ABC Store”).
• Met with Paul Brock and Wade Oppliger on discussions and revisions for the lease of 2654 Memorial Highway on Tuesday, January 30th. Mr. Brock is working on a response with discussed revisions and quotes on related items associated with this lease.
• Council met with John Metcalf of the Policy Group for discussion on the upcoming status of the General Assembly Short Session. During this meeting, additional funding request opportunities were discussed involving the needs of the Lake Lure Fire Department.
• Held Annual planning retreat with Council.
• Reviewed issues surrounding the Town’s ability to continue with this year’s drawdown work done by Ruby Collins. Current work on the dam drain valve, is not compatible with the work being done for the sewer system because of the Town’s need to regulate water flows through the Rainter gates necessary for the Morgan Corporation (Dam Contractor) to continue on critical work. This year’s remaining sewer work for Amendment 2 is being suspended.
• Reviewed scope with McGill and associates for the master planning of the Green Space. The scope (as of the February Parks and Rec Meeting) was reviewed by the Parks and Rec Committee. The next steps are to execute an agreement with McGill and Associates and start work on the master planning of the Green Space property

B. Review Actions Taken at January’s Work Session and Action Meeting - No actions were taken.

V. Council Liaison Reports and Comments

• ABC Board: There was no new information to report.
• Board of Adjustment/Lake Structure Appeals Board (BoA/LSAB): Commissioner DiOrio reported that Mr. Perkins provided a good overview of the work of the BoA/LSAB in his monthly updates.
• Lake Advisory Board: Commissioner DiOrio reported that the board is reviewing the Bake Buoy Plan.  They are assessing the existing buoys and will make recommendations for enhancing the plan. They are also looking into the issue of boats parking in the center of the lake after dark.  There is a safety concern about this practice so they are looking into it along with guidelines for overnight parking.  He noted that Corbie Bradley, the Parks, Recreation, and Lake Department's Administrative Support Specialist is doing a great job managing the boat permits.  He reported that the changes to the 2024 Lake Use Regulations and permitting process have been well received by the community.   
• Parks and Recreation Board: Commissioner Proctor advised that the board met and recognized Ed Dittmer for his years of service, 18 in total. They also discussed developing a master plan for the Green Space. 
• Zoning and Planning Board: Commissioner Doster advised that the Board had not met during the past month. 

VI. Public Comment: The public was invited to speak.  

Ed Dittmer from 1136 Memorial Highway thanked the Lake Lure Fire Department and all of the first responders from EMS who came to assist him when he had a stroke 10 days ago.  he specifically acknowledged the quick actions of Lake Lure Firefighters Trey Lewis and Josh Hendrix. Mr. Dittmer also thanked his wife, Kay Dittmer for her recognition of what was happening to him and for calling 9-1-1 for assistance.  He advised that he was airlifted to Mission Hospital and they were able to give him a drug in time to counteract the stroke.  

VII. Consent Agenda: The following Consent Agenda Items were approved.

A. Approval of the January 8, 2024 Special Town Council Planning Retreat, the January 16, 2024 Special Town Council Meeting Minutes and the January 24, 2024 Town Council Work Session and Action Meeting Minutes

B. Approval of Maintenance Agreement of Electric Vehicle Chargers with NovaCHARGE: Town staff is recommending that that the poorly functioning EV charging stations be replaced with NovaCHARGE stations. NovaCHARGE has provided the Town with a proposed maintenance agreement that includes a term of three years and would automatically renew unless otherwise notified. The agreement would also allow the Town to impose a pass-through electric charge and Town costs to the users of the chargers through a minimal charging fee.

VIII. Unfinished Business: There was no unfinished business.

IX. New Business

A. Resolution No. 24-02-13A Setting Public Hearing for March 12, 2024 to Receive Comments Regarding Amendment of Zoning Ordinances Section 36-70 (“Building Site Minimum Dimensional Requirements”)

Town staff has identified a discrepancy within the Zoning Ordinances in regard to Residential/Office District (R-4) zoning rear yard and side yard setbacks. Section 36- 61 (“R-4 Residential/Office District”) in the Zoning Ordinances specifies that side yards shall be not less than 12 feet in depth and rear yards shall be not less than 15 feet in depth. However, Section 36-70 (“Building Site Minimum Dimensional Requirements”) includes a table which states that the side yard and rear yard setbacks are both 10 feet, which is true for most of the other residential districts. Town staff feels that there was intent behind the specific setbacks for R-4 within Section 36-61 and recommends amending Section 36-70 to clarify that R-4 side yards shall be not less than 12 feet in depth and rear yards shall be not less than 15 feet in depth. Per general statute, the Town must hold a public hearing on all proposed amendments to zoning ordinances. Resolution No. 24-02-13A will set the public hearing date to be held at the March 12, 2024 regular Town Council meeting beginning at 5:00 p.m. The purpose of the public hearing is to receive comments in regard to the recommended amendments to the Zoning Ordinances Section 36-70 (“Building Site Minimum Dimensional Requirements”).

The resolution was approved. 

B. Volunteer Board Appointments: Town Council approved the following board appointments.

ABC BOARD:

• Members remaining on the Board: Richard Sayles, Bob Cassano, Esther Lusk, and Trace Boswell.

• Re-appointment: Peter O’Leary 

BOARD OF ADJUSTMENT/LAKE STRUCTURE APPEALS BOARD:

• Members remaining on the Board: Greg Gardner, Kimberly Sayles, Mark Windfeldt
• Re-appointed Members: Neil Gurney, Al Joyner, Melvin Owensby
• New Member: David Lusk (Alternate)

LAKE ADVISORY BOARD:

• Members remaining on the Board: Kathleen Hatfield, Jim Lemmons, Gary Hasenfus, Mark Helms
• Re-appointed Members: David Lusk, Sonya Ledford, and Richard Sayles

PARKS AND RECREATION BOARD:

• Members remaining on the Board: Daniel Bragdon, Ozzy McFarland
• Re-appointed Members: Larry Czajkoski, Robin Worcester
• New Members: Debbie Warren, Jennifer Dittmer-Vivolo, Matt Manzi, and Dan Gorman (Alternate)

ZONING AND PLANNING BOARD:

• Members remaining on the Board: Randy Nelson, Charlie Ellis, David Keenan, Ken Williams
• Re-appointed Members: Mac Hillabush

C. Budget Amendment #364 for Repairs to Parks, Recreation, and Lake Office Roof and Maintenance Related to NCDOT Replacement and Upsizing of Drain Pipe under Highway 64/74: 

Budget Amendment #364 is to fund repairs to the Parks, Recreation, and Lake Department’s roof and for maintenance repairs related to NCDOT replacement and upsizing of a drain pipe under Highway 64/74. The overall amount associated with Budget Amendment #364 is $75,000 which includes $40,000 for the NCDOT pipe replacement and $35,000 for the roof replacement.

The budget amendment was approved. 

D. Budget Amendment #365 for Manhole Replacement Project and Sewer Line Stabilization Project at Lake House Restaurant and Highway 9: 

Budget Amendment #365 is to fund a manhole replacement project and a sewer line stabilization project at the Lake House Restaurant and Highway 9. The overall amount associated with Budget Amendment #365 is $35,000 which includes $15,000 for the manhole replacement and $20,000 for the sewer line stabilization.

The budget amendment was approved. 

E. Resolution No. 24-02-13A Authorizing the Town Manager to Act on Ruby-Collins Design Build Agreement Terms Regarding Section 8.2 (“Delays of Work”) And Section 11.1 (“Owner’s Right to Stop Work”) for Work Detailed in Agreement Amendment 02: 

• The Town had planned for Ruby-Collins, the sewer replacement design-build team, to completed work throughout the entirety of the 2024 drawdown schedule.
• Simultaneously, Morgan Corporation was to be working on the installation of the reservoir drain valve.
• It was determined throughout the first few weeks of the drawdown that Ruby-Collins and Morgan Corporation could not efficiently complete their respective projects at the same time.
• The lake must be at 12 ft. down for Ruby-Collins to complete their work, which is typically doable during adverse weather events with the assistance of the hydroelectric plant and flood gates.
• However, when operating the hydroelectric plant and flood gates, Morgan Corporation is unable to function due to the wet conditions that are created.
• The drain valve installation is the current priority because it is necessary for the completion of the sewer replacement project in future lake drawdowns.
• Thus, it was determined that it would be most beneficial to halt Ruby-Collins’s work for the remainder of this drawdown.
• This will allow Morgan Corporation to continue operations during rain events because the Town will use 12 ft. draw down as a protective buffer without the need to use of hydroelectric or flood gates.
• Resolution No. 24-02-13A authorizes the Town Manager to act on Ruby-Collins Design Build Agreement Terms regarding Section 8.2 (“Delays of Work”) and Section 11.1 (“Owner’s Right To Stop Work”) for Work Detailed in Agreement Amendment 02 for the remainder of the 2024 drawdown schedule.
• The resolution was approved.

F. Fiscal Year 2024 Fall Rehabilitation of High Hazard Potential Dams (HHPD) Funding Opportunity: 

• On February 7, 2024 the NC Department of Environmental Quality's Dam Safety Office invited the Town of Lake Lure to apply for the Fiscal Year 2024 Rehabilitation of High Hazard Potential Dams (HHPD) Grant.
• These grants require a 35% match which may come from the Dam Reserve Fund.
• Town Staff consulted with Schnabel Engineering and recommends applying for this funding to support the remaining (70%) design of the replacement dam.
• Town Council approved submitting an application for the 2024 FEMA HHPD Grant cycle. 

X. Closed Session: In accordance with G.S. 143-318.11(a) (3) for attorney-client privilege or legal claims as well as personnel issues.

XI. Adjournment: The meeting was adjourned following the closed session.