Lake Lure Regular Town Council Meeting Summary - January 14, 2025

The Town of Lake Lure held their Regular Town Council Meeting on Tuesday, January 14, 2025, at 5:00 p.m. 

The meeting was held at Legends at Rumbling Bald on Lake Lure at 153 Mountains Blvd. Lake Lure, NC 28746. 

The following is a summary of the meeting for those who could not attend.  For questions, please contact Communications@townoflakelure.com.

Note that these are not formal minutes.  The minutes of the meeting will be included in the following month's Town Council meeting packet. 

I. Call to Order

Mayor Carol Pritchett called the meeting to order and thanked everyone front their attendance.

II. Agenda Adoption

The meeting agenda was adopted as posted. 

III. Mayor’s Communication

It would be impossible to thank all those who have pitched in and volunteered to help the Town of Lake Lure following Hurricane Helene.  I would like to take this opportunity to recognize several groups who have volunteered to assist Lake Lure.  

I.   Public Safety:

• Fire Fighters: Most Firefighters shy away from any public recognition, but I must begin by thanking all of the Volunteer Firefighters.  Thank you to the Volunteer Firefighters from the surrounding area.  We cannot ever thank you enough for your support and dedication following Hurricane Helene.

• North Carolina State Parks: State Park staff volunteered their time to support the Town’s safety during and following the storm.

II.   Food, Resources, and Aid:

• Local Churches: We appreciate the support of all the local churches.  

  • Additionally, the Baptists on Mission, Christian Aid Ministries, and Outreach Ministries of Seymore worked tirelessly to support the community, providing meals and assistance to countless individuals.

• Local organizations: In addition to the churches, our community received unwavering support from local organizations. We cannot thank everyone enough for their tireless efforts.

  • Bill’s Creek Community Center (BCCC): In addition to support of efforts at Bill’s Creek Volunteer Fire Department, BCCC has established a Medical Equipment Loan Closet for the community. 

  • Hickory Nut Gorge Outreach: Outreach is non-profit organization serving families in the Hickory Nut Gorge community, which extends into four surrounding counties. Their mission is to help eliminate hunger and provide emergency services.  Since Hurricane Helene, Outreach has assisted an average of 278 individuals per month.

  • Ingles: Our local Ingles provided shelter and their parking lot to support meal distribution, showers, restrooms, internet services, and donation distribution following the storm.  They have been strong community partners and their support has been greatly appreciated.

  • Lured Market: Following the storm, Paul and Cara Brock worked with other volunteer organizations to prepared and serve countless meals for the community and for workers.  This outreach was a tremendous support to the community.

  • Ridgeline Heating and Air: Thank you to Andrew Veigel, Ronnie Hribar, and the countless volunteers who provided fuel, chainsaws, meals, water, blanks and clothing to all who were in need in the Bill’s Creek area.

III.  Debris Removal and Restoration:

• Baptist on Mission: Over 300 Baptists on Mission volunteered their time in Lake Lure assisting with mud outs, tree clearing, and disaster relief.  Those who benefited from the efforts of these volunteers are forever grateful and so is the Town of Lake Lure.

• Camp Lurecrest: Camp Lurecrest supported several volunteer groups with lodging while they came into Town to assist with debris cleanup. Staff also volunteered their time and talents to assist with clean up and debris removal in the surrounding area.

• Carolina Climbers Coalition: A non-profit organization volunteered approximately 2,000 hours dedicated to relief and restoration following the hurricane. This includes extensive work in Hickory Nut Gorge and beyond, addressing storm damage to trails and climbing areas. Their trail stewards have remove hundreds of fallen trees, rebuild impassable trails, and restore access to areas.  In addition to trail work, the CCC supported first responders and recovery efforts by providing supplies and support to the Lake Lure first responders. 

• Lake Lure Flowering Bridge Volunteers: The Lake Lure Flowering Bridge Volunteers have been working diligently as well with support from Spokes of Hope and others to beautify the remaining grounds near the Bridge.  They have cleaned and removed a countless amount of debris.  They have mulched and planted pretty pansies in areas on either side of the Bridge. Unfortunately, the Flowering Bridge sustained significant damage from the hurricane and it is closed, but the volunteers have done a Yeoman’s job beautifying what they could and it has made a positive impact on this area of Town.

• Rumbling Bald on Lake Lure: Rumbling Bald on Lake Lure stepped up to collaborate with the Town of Lake Lure, FEMA, and the U.S. Army Corps of Engineers, in ongoing efforts to restore Lake Lure following Hurricane Helene. Rumbling Bald is actively contributing to this cherished community resource’s swift and effective cleanup by designating its shoreline as a key extraction point for debris removal. They are also supporting the Town by allowing Town Council to hold their regular monthly meetings at Legends.  This partnership is greatly appreciated.

• Rutherford Outdoor Coalition: Rutherford Outdoor Coalition has been working to restore our trails and their efforts are greatly valued.

• Spokes of Hope: Partnered with CityServe to provide Christmas presents for the Lake Lure Classical Academy students and those living in the apartments by Ingles. They also did significant volunteer work in Chimney Rock.

The Town also received support from the Red Cross, RHI Legacy, the Salvation Army, and United Way.  In addition to these organizations, countless individuals have volunteered their time helping the town with debris removal from our trails, collecting water samples, and helping neighbors with debris removal and other tasks.  We simply would not be as far along as we are in the recovery process without all of these remarkable volunteers.   We thank each of them from the bottoms of our hearts.

IV. Town Manager's Communication

• Town Manager Olivia Stewman announced that Kimberly Martin was recently sworn in as the Town Clerk.  This was her first Regular Town Council Meeting.  Everyone welcomed Ms. Martin.  
• Ms. Stewman mentioned that the work on the cell tower was ongoing and moving forward. 
• She added that many Town Staff are now working in the space at the Arcade Building. She noted that hiring had been paused since the hurricane but we are now working to fill three Firefighter positions as well as a position in Community Development.  

V. Council Liaison Reports and Comments

• Parks and Recreation Board: Commissioner Jim Proctor advised that the Board has not met since the Hurricane.  He noted that the Town Trails that were open (Dittmer Watts and a portion of the Green Space) and stated that these trails were open because of the exceptional work of many volunteers.  

• Lake Advisory Board: Commissioner Dave DiOrio advised that the Board had met to work on conformance issues and the proposed marina that is on the agenda for this evening. 

  • Health of the Lake: Commissioner DiOrio stated that considering the amount of water and debris that came into the lake, the lake is in good condition.  The water sampling tests were very good, with the exception of turbidity which is getting better.  He confirmed that no fish have been killed.  All the other results, including volatile organic compounds (VOCs) show no traces of hazardous materials in the Lake.  We expect with more rain the turbidity will also improve.

  • As we continue to the clean-up, the US Army Corp of Engineers (USACE) finished a 3D study of the bottom of the Lake and they know where debris and increased sedimentation is located so they can get that out.  We are awaiting a contract with USACE on silt and sedimentation removal. 

• Board of Adjustment (BOA): Commissioner DiOrio reported that the BOA is meeting but not this month. 

• Short-Term Rental Board (STRB): Commissioner Bryant reported that the STRB hoped to have a meeting in February. 

VI. Consent Agenda Approved

A. Approval of the Town Council Meeting Minutes from September, October, and November 2024

• The meeting minutes were all approved. 

VII. Unfinished Business

There was no unfinished business. 

VIII. New Business

A. Storm Recovery Updates: 

• Fire/Emergency Management: Fire Chief and Emergency management Coordinator Dustin Waycaster reported that FEMA and Rutherford County Emergency Management were replacing two weather warning sirens.  

  • He advised that the Town was also replacing our stream gages which were destroyed in the Hurricane.  We are awaiting the location once we are certain where the River will be. 

  • He added that he appreciated everyone's help during the recent winter storm.  He stated that there were 4-5 stuck vehicles during the storm. He also noted that one good thing from Hurricane Helene was taking down so many of the trees that impact our power outages.  

  • He also thanked Public Works staff for placing chat on the roadways during the storm. 

  • He confirmed that the Town maintains certain roadways that they are responsible for and the Town scrapes and puts chat on Town roads during snow storms.  

• Public Works: Ms. Stewman reported that the Public Services Director was not present but he advised her that the design for the Proctor Road landslides was being developed and he hoped to have a proposal next week.  We know it is worsening and we are awaiting permanent repairs. 

  • Additionally, she noted that we were adding fencing for the north abutment of the dam. 

  • Automation of the Tainter Gates have been repaired and there is now road access to the Tainter Gates following the damage from Hurricane Helene.

• Parks, Recreation, and Lake Department: Director Dana Bradley reported that debris clean up in the Lake is ongoing. 

  • non-motorized vessels have been collected and are being given to their owners.  If anyone had a non-motorized vessel that was lost in the Hurricane, please contact the Parks, Recreation, and Lake Department at 828-625-9983 x 505.

  • She noted that all boats have been removed from Washburn Marina. 

  • She added that the trails at Dittmer-Watts were open and 1/2 of the green space (across from the Parks, Recreation, and Lake Department).  These trails are open from dawn to dusk. 

  • Ms. Bradley stated that the Town was working to get part of Buffalo Creek Park open again. 

  • Question: There was a question from the audience about a rumor that the deepest part of the Lake is only 20 feet deep. Ms. Bradley confirmed that this was not true.  

• Finance Department: Director Steve Ford advised that the Town was strong financially. He added that the Town was prepared (financially) before the storm unlike a lot of other communities. 

  • He advised that he would be presenting a comprehensive report back to Town Council at their next work session.

  • He added that we would be working on the budget process and noted that the upcoming budget will look different but confirmed that the Town was in good condition. 

• Community Development Department: Director Mike Williams reported that permitting is taking place and noted that a lot of work is taking place on the lake, although not in the water.   

  • He advised that he will be getting new forms out to everyone.

  • He stressed that for most work that is being done, property owners will need to apply for a permit. 

  • He added that most people have to have a floodplain permit. 

  • He noted that there were electrical requirements that everyone needed to be aware of when they are rebuilding. 

  • He encouraged everyone to call if they had any questions. 

• Police Department: Chief Sean Humphries advised that he had nothing to report. 

• Communications: Director Laura Krejci 

  • She advised that weekly storm recovery updates were being posted weekly in Town News and on Facebook. 

  • She thanked everyone who reached out with input or suggestions as she appreciated everyone's support.

  • She encouraged those with questions or recommendations to send these to her.

B. Request to Appeal Notice of Violation (NOV-2024037):  Community Development Director Williams reported that staff observed the violation(s) on December 4th after following up on a citizen complaint.

• The property owners hired an individual to drive a machine through the creek and into the lakebed to excavate the boathouse.
• Per the property owner, this was to properly inspect the structure for stability and to remove the boat.
• As the project was unpermitted and the contractor was not following proper dredging methodology, the project was stopped. 
• Mr. Williams advised that the property owners, Mr. and Mrs. Gardner, immediately stopped the work once they were asked to do so. 
• Development and Environmental Review Specialist Rick Carpenter confirmed that he asked that the property owners to cease the project and they did so willingly to avoid a formal stop work order being posted on-site.
• Per the ordinance, the site was in violation of the following:
  • Sec. 22-23. General requirements. (a) Permit required. (1) A land disturbance permit approved by the erosion control officer shall be required for all non-exempt land disturbing activities.
  • Sec. 22-25 (a)(b)(2)(3)(5). Standards for land disturbing activity.
    • Standard buffer. No land disturbing activity during periods of construction or improvement to land shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is provided along the margin of the watercourse of sufficient width to confine visible siltation within the 25 percent of the buffer zone nearest the land disturbing activity. Unless otherwise provided, the width of a buffer zone is measured from the edge of the water to the nearest edge of the disturbed area. The 25 percent of the strip nearer the land disturbing activity shall contain natural or artificial means of confining visible siltation.
    • Trout buffer. Waters that have been classified as trout waters by the environmental management commission shall have an undisturbed buffer zone 25 feet wide or of sufficient width to confine visible siltation within the 25 percent of the buffer zone nearest the land disturbing activity, whichever is greater; provided, however, that the commission may approve plans which include land disturbing activity along trout waters when the duration of said disturbance would be temporary and the extent of said disturbance would be minimal.
    • Graded slopes and fills. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control devices or structures. In any event, slopes left exposed will be planted or otherwise provided with ground cover, devices, or structures sufficient to restrain erosion upon completion of any phase of grading, within 21 calendar days. The angle for graded slopes must be demonstrated as stable. Stable is the condition where the soil remains in its original configuration, with or without mechanical constraints.
    • Fill material. Unless a permit from the department's division of waste management to operate a landfill is on file for the official site, acceptable fill material shall be free of organic or other biodegradable materials, masonry, concrete, and brick in sizes exceeding 12 inches, and any materials which could cause the site to be regulated as a landfill by the state.
    • Prior plan approval. No person shall initiate any land disturbing activity on a tract if more than 100 square feet is to be uncovered unless a plan is filed prior to initiating the activity and approved by the erosion control officer. If the area to be disturbed is one acre or less, a minor plan should be filed ten or more days prior to initiating the land disturbing activity. If the area to be disturbed is greater than one acre, a major plan should be filed 30 or more days prior to initiating the land disturbing activity. The erosion control officer shall forward to the director of the division of water quality a copy of each plan for a land disturbing activity that involves the utilization of ditches for the purpose of de-watering or lowering the water table of the tract.
• The Property Owners Greg Gardner presented his appeal and read the following: 
  • We are writing to formally appeal the Notice of Violation (NOV) issued on December 11, 2024, citing violations of Sec. 23-23(a) and Sec. 23-25(a) (b) (2) (3) (5). We would like to provide context and explanation regarding the circumstances that led to the removal of silt and debris from around our boathouse.
  • Our actions were taken after significant damage caused by Hurricane Helene, which left our boathouse in a compromised state and rendered our boat inside totaled. We have been under increasing pressure from our insurance company to remove the damaged boat from the boathouse as part of the claims process. In response to this urgency, we reached out to Master Docks, a professional and reputable town approved service provider, to evaluate the condition of our boathouse and provide expert recommendations. Specifically, we sought their expertise to determine whether the boathouse, in its current state, posed any safety risks during removal of the damaged boat.
  • Hurricane Helene caused significant damage to Firefly Cove. Due to the large volume of water coming down the stream that feeds into the cove, which turned into a raging river, the land across the stream from us started giving way, causing docks and boats to break loose and crash into our boathouse. These impacts, along with the water rising three-quarters of the way up our boathouse, caused it to become misaligned and lean dangerously. The boat was crushed from the impact with the rafters under the roof. Additionally, the silt from the stream ended up on our property, destroying part of our backyard, gardens, and the landscaping walkway along the lake edge to our kayak pier. At the end of the storm when the water receded, the boat was sitting on silt and not the boat lift. There was also two to three feet of silt covering our boathouse deck. Our kayak pier was entirely covered under several feet of silt as well.
  • Knowing we needed to have the boat removed from its slip, we contacted Master Docks to determine whether the boat could be removed safely as the structure was leaning precariously and may have been in danger of imminent collapse. When the representatives from Master Docks came to inspect the boathouse, they determined that it was leaning significantly in two different directions. They informed us that they could not evaluate the safety or sturdiness of the boathouse until the silt around it was removed so they could assess the foundation.
  • At this point I had a conversation with Rick Carpenter from Community Development about the need for a permit to repair or replace our boathouse. I mentioned that some silt would have to be moved to determine the scope of that permit. He stated that if a Meeting homeowner wanted to move some silt to inspect, he would not have a problem with that.
  • To address this, we contacted a local contractor who had done significant work in our community, including smoothing out sand in a neighbor’s yard, removing trees from the stream, and shoring up property near the stream that runs into the cove by our house. This work was organized and/or benefited seven Firefly Cove households: however, only three received NOVs. We assumed that these efforts were permissible and were undertaken to protect our properties. We did not have any knowledge that these actions might violate town or state ordinances.
  • Our main intent was to ensure the safety of anyone walking or working on our dock in its current state and to protect any contractors hired by the insurance company to remove the boat. We were genuinely concerned that removing the boat without addressing the silt could destabilize the boathouse and cause it to collapse.
  • We were never aware that removing the silt required prior approval. We acted solely out of concern for safety and structural integrity, with no ill intent or ulterior motives. Furthermore, we were under the impression that the Army Corps of Engineers planned to remove silt from the lake, but we understood they would not address areas directly around private docks. We believed our actions would ultimately assist in this broader effort by moving silt close to the dock that would otherwise be left in place and flow right back into the lake during future high-water events, potentially negating the Corps’ efforts. Before we received the official NOV, Rick Carpenter visited our property to see the work that had been done. He explained that a complaint came from Town Council and that we would have to stop the work and a NOV would be issued. Both Rick Carpenter and Mike Williams expressed understanding of the reasons behind our actions, even though they acknowledged it was technically a violation. They indicated that the Army Corps of Engineers and the Department of Environmental Quality (DEQ) were aware of our situation but had deferred to the town to address it as they had more pressing issues, given the widespread devastation caused by Hurricane Helene.
  • Even after receiving the NOV, we searched the town’s website for the ordinance cited in the violations. However, we found that only Sec. 22 is posted on the website, and Sec. 23-25—the sections we were cited for—are not available online. We are at a loss as to how we could have been expected to know about this ordinance if it was not clearly communicated or accessible to residents. This lack of transparency further underscores our unintentional oversight.
  • [P.S. On December 16, 2024, Master Docks returned to inspect the dock after most of the silt had been removed. Kevin Adams informed us that the dock is no longer safe. He said that if the boat is removed in its current state, the roof will collapse, causing the entire structure to fail. He also noted that several pilings are missing, leaving only the posts supporting the roof on top of the unsupported deck. Pictures will be available to illustrate this condition.]
  • In light of the extensive damage throughout the town of Lake Lure and the specific devastation to our property, we are disheartened by the Town Council’s decision to issue an NOV requiring us to remove the silt—work that will ultimately be addressed by the Army Corps of Engineers in 2025. We are uncertain how we could accomplish this task given the following challenges:
    • 1. Where would we relocate the silt?
    • 2. Who would we hire to remove it?
    • 3. How would we they even get to the silt?
  • We respectfully request that Town Council consider the extraordinary circumstances leading to our decision to move the silt, as well as the significant difficulties of addressing this issue independently. We ask that the town eliminate any enforcement decision to force us to remove the silt, especially given the ongoing discussions regarding planned efforts by the Army Corps of Engineers to remove silt from the lake anyway.
  • Thank you for your consideration. Please let us know when the Town Council is going to address our appeal so that we may be present.
  • Sincerely, Debra and Greg Gardner
• Town Council had a discussion and approve the Notice of Violation and advised that the silt that had been removed and was now in Firefly Cove needed to be removed from the area within a year. 

C. Consider Marina Permit Application - Memorial Highway Parcel #1618199

• Community Development Director Williams reported that the Lake Advisory Board recently reviewed an application from James Sciandra (Lake Life, LLC) to build an unrestricted marina on an undeveloped parcel that is zoned Commercial General.
  • The Lake Advisory Board met on January 6, 2025 and made a unanimous recommendation that the project be approved with consideration of the possible traffic implications on the water in the area.
  • Mr. Williams as Lake Structures Administrator noted that he determined that the proposed marina conforms to the Lake Structure regulations and recommended that the marina request should be approved.
  • He advised that it Town Council approves the marina request, the project will also require subsequent approval for the Zoning portion of the project by the Board of Adjustments.
  • Section 6-60 of Town Code requires Town Council to review the recommendations of the Lake Advisory Board and Lake Structure Administrator and then approve or deny the marina request.
• Mr. Sciandra presented an overview of the Marina Project.  He had enlarged photos of the area with an overlay of the proposed marina. He began by advising that he recommended that the entire area be considered a no wake zone to protect the children at Camp Lurecrest. He addressed the following questions: 
  • What is the estimated traffic for fuel purchases: Mr. Sciandra stated that he obtained data from Lake Lure Tours who reported approximately 100 fill-ups per week.  He estimated that even if he sold fuel to half of these customers the traffic was manageable.   
  • What were plans for parking cars at the marina? Mr. Sciandra advised that he planned to limit one car parked in the area per boat.  He noted that the proposed parking for his marina is better than parking for those in Washburn Marina. He stated that he had already been working out of the Lake House Restaurant and they had not had any problems with parking. 
  • What were plans for parking at the entrance from Memorial Hwy?  Would cars be backing up on Memorial Hwy as this would surely create a logjam? Mr. Sciandra confirmed that cars could not back out onto the highway. He stated that he has planned a safe egress and ingress with 250 feet of frontage, between Memorial Highway and the parking spots for the marina.
  • During the presentation it was noted that areas on the other side of the Tryon Bay Bridge were zoned commercial.  Please clarify this.  Mr. Williams reported that these areas were Zoned R4 for Bed and Breakfast establishments.  
  • Is a boardwalk planned to the Lake House Restaurant as walking on Memorial Hwy was not safe: Mr. Sciandra confirmed that he hoped to build a boardwalk from the Marina to the restaurant.
  • A letter was read from Hank Steinburg.  He sent in a statement objecting to the marina project just before the Council Meeting.  
  • A concern regarding skier safety was noted, when they turn in at Garners Cove.  Mr. Sciandra reiterated his proposal to change the areas to be a no-wake zone for this very reason.  
  • Where is the fuel tank located?  Mr. Sciandra stated that the Fuel Tank is on land.  The tank and the pump are on the west end of the proposed marina. The tank will hold 1,000 gallons of gas.
  • Deep concerns were expressed for boat traffic.  Mr. Sciandra stated that he would hope the LAB will assess the recommendation for a no-wake zone in the area.  
• Once all the questions and statements were heard, Town Council voted.  Two Council Members approved the application and one Commissioner opposed it.  The application was approved and will go to Zoning and Planning for the next steps.  

D. Resolution No. 25-01-14 Authorizing Eminent Domain to Acquire Portions of Three Parcels of Real Property – Parcel No.: 1657982, 1657983 and 1657984

• Town Manager Stewman advised the Town has been in the process of trying to restore sewer destroyed by Tropical Storm Helene on the west side of the Memorial Highway Bridge.
• The project is unable to move forward and is impacting about 20 property owners. 
• Various property owners requiring easements were unresponsive or unwilling to grant the Town the requested easements.
• Because it is necessary and in the public interest to restore the sewer system, the Town will be exercising eminent domain to acquire portions of the following parcels: 1657982, 1657983, 1657984, 1654352, 1647810, 1603164, 1654348, 228631, and 221462.
• Ms. Stewman noted that although this legal action may go forward if Town Council approves it this evening, property owners may move forward to sign the easements. 

E. Resolution No. 25-01-14A Authorizing Eminent Domain to Acquire Portions of One Parcels of Real Property – Parcel No.: 1654352

RESOLUTION NO. 25-01-14 A RESOLUTION AUTHORIZING EMINENT DOMAIN TO ACQUIRE A PERMANENT EASEMENT ACROSS PORTIONS OF THREE PARCELS OF REAL PROPERTY- PARCEL NO: 1657982, 1657983 AND 1657984. WHEREAS, the Town Council for the Town of Lake Lure, North Carolina, hereby determines that it is necessary and in the public interest to acquire portions of three parcels of real property, approximately .126 acres in size, owned by JC Rentals LLC and located off of Boys Camp Road in Lake Lure, N.C. (also referred to as Rutherford County Parcel ID No: 1657982, 1657983 AND 1657984) for the purpose of restoring the Town’s sewer utilities damaged by Tropical Storm Helene - purposes pursuant to N.C. Gen. Stat. § 40A-3(b)(4).

Ms. Stewman confirmed that the Town was not seizing properties.  The Town must obtain a portion of the properties to install the sewer system.  This authorized the Town to act but property owners may still comply and approve the easement within the 30 days.

• The Resolution was adopted. 

F. Resolution No. 25-01-14B Authorizing Eminent Domain to Acquire Portions of One Parcels of Real Property – Parcel No.: 1647810

RESOLUTION NO. 25-01-14B A RESOLUTION AUTHORIZING EMINENT DOMAIN TO ACQUIRE A PERMANENT EASEMENT CONSISTING OF A .12 ACRE PORTION OF ONE PARCEL OF REAL PROPERTY- PARCEL NO: 1647810. WHEREAS, the Town Council for the Town of Lake Lure, North Carolina, hereby determines that it is necessary and in the public interest to acquire a portion of one parcel of real property, approximately .12 acres in size, owned by Alan Powers Moore Estate and located off of Memorial Highway in Lake Lure, N.C. (also referred to as Rutherford County Parcel ID No: 1647810) for the purpose of restoring the Town’s sewer utilities damaged by Tropical Storm Helene purposes pursuant to N.C. Gen. Stat. § 40A-3(b)(4).

• The Resolution was adopted. 

G. Resolution No. 25-01-14C Authorizing Eminent Domain to Acquire Portions of One Parcels of Real Property – Parcel No.: 1603164

RESOLUTION NO. 25-01-14C A RESOLUTION AUTHORIZING EMINENT DOMAIN TO ACQUIRE A PERMENANT EASEMENT CONSISTING OF A .35 ACRE PORTION OF A PARCEL OF REAL PROPERTY- PARCEL NO: 1603164 WHEREAS, the Town Council for the Town of Lake Lure, North Carolina, hereby determines that it is necessary and in the public interest to acquire a portion of a parcel of real property, approximately .35 acres in size, owned by Asheville Meadery LLC and located off of Memorial Highway in Lake Lure, N.C. (also referred to as Rutherford County Parcel ID No: 1603164) for the purpose of restoring the Town’s sewer utilities damaged by Tropical Storm Helene - purposes pursuant to N.C. Gen. Stat. § 40A-3(b)(4).  

• The Resolution was adopted. 

H. Resolution No. 25-01-14D Authorizing Eminent Domain to Acquire Portions of Two Parcels of Real Property – Parcel No.: 1654348 and 228631

A RESOLUTION AUTHORIZING EMINENT DOMAIN TO ACQUIRE AN EASEMENT ACROSS PORTIONS OF TWO PARCELS OF REAL PROPERTY- PARCEL NO: 1654348 AND 228631 WHEREAS, the Town Council for the Town of Lake Lure, North Carolina, hereby determines that it is necessary and in the public interest to acquire portions of two parcels of real property, approximately .203 acres in size, owned by A River Runs Brew It LLC and located off of Memorial Highway in Lake Lure, N.C. (also referred to as Rutherford County Parcel ID No: 1654348 AND 228631) for the purpose of restoring the Town’s sewer utilities damaged by Tropical Storm Helene pursuant to N.C. Gen. Stat. § 40A-3(b)(4).

• The Resolution was adopted. 

I. Resolution No. 25-01-14E Authorizing Eminent Domain to Acquire Portions of One Parcels of Real Property – Parcel No.: 221462

A RESOLUTION AUTHORIZING EMINENT DOMAIN TO ACQUIRE AN EASEMENT ACROSS A PORTION OF ONE PARCEL OF REAL PROPERTY- PARCEL NO: 221462 WHEREAS, the Town Council for the Town of Lake Lure, North Carolina, hereby determines that it is necessary and in the public interest to acquire a portion of one parcel of real property, approximately .069 acres in size, owned by Robin & Robert Jones and located off of Memorial Highway in Lake Lure, N.C. (also referred to as Rutherford County Parcel ID No: 221462) for the purpose of restoring the Town’s sewer utilities damaged by Tropical Storm Helene pursuant to N.C. Gen. Stat. § 40A3(b)(4).

• The Resolution was adopted. 

IX. Public Comment: 

The public is invited to speak. Mayor Pritchett reminded attendees to keep comments limited to three minutes or less. Comments may also be submitted in writing to the town clerk, kmartin@townoflakelure.com at least one hour prior to the meeting.

1.  Rae Frykberg:

• Ms. Frykberg asked what the policy was for vacation rentals.  Town Council confirmed that there are no restrictions for Vacation Rentals in Lake Lure. 
• She also asked what Mental Health Services were available for those who had experienced loss as a result of Hurricane Helene. She advised that Blue Ridge Behavioral Services were available. 
• (Note that there are services available at Hope for NC Helpline at 855-587-3464.) 

2. Tom Halladay from Fae Nector advised that he is agreeable to the easement though they need to work out the details.  He recapped his efforts to assist the Town by allowing excavation on his property as a debris retrieval site.  He stated that he had delayed his businesses recovery because this sewer system project was coming. This required a two-month delay. He noted that they were closing temporarily in part to support this work.  He stated that he looked forward to signing the easement voluntarily. 

3.  Paul Brock from Lured Market noted that he has property where an easement was requested.  He stated that he planned to sign voluntarily. He suggested that the Town reach out to those who may not understand the request for an easement.  (Note that the Town has made overtures to meet with all property owners where easements have been requested.)

4.  Riley Oates with the U.S. Small Business Administration - Office of Disaster Recovery provided the following information regarding the SBA Disaster Loan Program.  He noted that the date to file for physical damages has been changed to February 9, 2025.

What Types of Disaster Loans are Available?

• Business Physical Disaster Loans – Loans to businesses to repair or replace disaster-damaged property owned by the business, including real estate, inventories, supplies, machinery and equipment. Businesses of any size are eligible. Private, non-profit organizations such as charities, churches, private universities, etc., are also eligible.

• Economic Injury Disaster Loans (EIDL) – Working capital loans to help small businesses, small agricultural cooperatives, small businesses engaged in aquaculture, and most private, non-profit organizations of all sizes meet their ordinary and necessary financial obligations that cannot be met as a direct result of the disaster. These loans are intended to assist through the disaster recovery period.

• Home Disaster Loans – Loans to homeowners or renters to repair or replace disaster-damaged real estate and personal property, including automobiles.

What are the Credit Requirements?

• Credit History – Applicants must have a credit history acceptable to SBA.

• Repayment – Applicants must show the ability to repay all loans.

What are the Interest Rates?

By law, the interest rates depend on whether each applicant has Credit Available Elsewhere. An applicant does not have Credit Available Elsewhere when SBA determines the applicant does not have sufficient funds or other resources, or the ability to borrow from non-government sources, to provide for its own disaster recovery. An applicant, which SBA determines to have the ability to provide for his or her own recovery is deemed to have Credit Available Elsewhere. Interest rates are fixed for the term of the loan. 

(This information has been added to the Town of Lake Lure Website at: https://www.townoflakelure.com/community/page/sba-disaster-loan-program-0

5.  Twyla Wilson, Lake Lure resident stated that she was a therapist at the Blue Ridge Health Clinic in Lake Lure.  She confirmed that she has been the only counselor in their center in Lake Lure and that they have had a large wave of people who need support. She advised that they were planning to expand Behavioral Health Services to better meet the needs of the community. 

5.  Kathy Tanner, Lake Lure resident and Chairperson for the Lake Lure Flowering Bridge stated that she wanted to thank Town Council for the work that they were doing.  She also wanted to thank the community and Town Council for their support of the Bridge.  She advised that she didn't know the plans for the Bridge at this time as they were awaiting the FEMA Historic Preservation assessment and that would determine the outcome. In the meantime the Flowering Bridge volunteers were doing all they could to beautify the areas that remains and they have received several generous donations in support of the Bridge.   

Mayor Pritchett thanked everyone for sharing their questions and comments.  She stated that she would like to pay tribute to the job our Town Manager has done.  Hard to realize how much work she has done. Very fortunate to have her. 

X. Adjournment

The Mayor thanked everyone for attending the meeting and the meeting was adjourned.