Lake Lure Town Council Work Session/Action Meeting Summary - Wednesday, November 29, 2023

Thank you to all who attended the Town Council Work Session/Action Meeting Summary on Wednesday, November 29, 2023.  The following is a summary of the meeting for those who could not attend.  Please note that this is a summary of the meeting and not formal minutes which will be included in the following month's Regular Town Council Meeting Packet.  

You may download the meeting packet for additional information.   

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

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

III. Public Comment: There were no public comments.

IV. Continue Reviewing the Zoning and Planning Board’s Recommendation Regarding Chickens and Chapter 4 (“Animals”) of the Code of Ordinances and Allow for Public Comments

• Town Council continued discussions regarding the Zoning and Planning Board’s recommendations in regard to a citizen’s request to amend Code of Ordinances Chapter 4 (“Animals”) to allow chickens within town limits.
• At the November work session and action meeting, Town Council reviewed Staff’s recommend changes to Chapter 4 based on the Zoning and Planning Board’s discussions.
• Town Council also reviewed the Zoning and Planning Board’s motions made in regard to the recommended text amendments.
• Town Council discussed allowing community members to comment on the matter prior to continuing discussions.
• The Zoning and Planning Board made the following motions: To recommend to amend the ordinance to allow chickens in the Town of Lake Lure with future recommendations for appropriate definitions. This motion carried with a 3-2 vote. To recommend adoption of staff’s recommended language with the requirement that hens shall be kept separated from any property line by a minimum of 50 feet and a minimum of 75 feet from any body of water or roadway, and removal of the language that states that “no hen is kept, housed, penned or maintained within 100 feet of a residence other than the owner’s or tenant’s, a church, store or other place of business.” This motion was lost with a 2-3 vote.
• Staff recommends either no change to Chapter 4 (“Animals”) or, if Town Council determines chickens should be allowed within town limits, to revise ordinance to be at least as restrictive as follows (Additions are underlined, removals are struck through):

Sec. 4-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Dog having dangerous or destructive propensities means a dog which constitutes a physical threat to humans or other animals, or a dog which habitually turns over garbage receptacles, habitually destroys shrubs, flowers, grass, and other plant growth, habitually kills other animals, habitually attacks or attempts to attack persons, or habitually performs other similar acts.

Chicken coop means a protective indoor space where chicken hens are kept.

Chicken run means a fully enclosed area where chicken hens may move freely in the open.

Free range means permitting livestock to graze, forage for food or otherwise roam freely outdoors as opposed to being confined within an enclosure.

Hen means a female chicken.

Proper enclosure when used in reference to dogs means a building or other structure from which a dog cannot escape, or an outside area enclosed by a fence at least six feet in height secured to the ground in a manner so that a dog cannot escape.

Sec. 4-3. Livestock.

(a) Keeping of livestock prohibited. It shall be unlawful to keep or maintain any cow, mule, sheep, goat, hog, other livestock, or fowl other than hens as defined in section 4-1, on any lot or within any pen, stable, or other enclosure or building within the corporate limits. This section shall not be deemed to prohibit the assembling of livestock for shipment or the unloading from shipment of livestock, provided that such livestock are not kept within the corporate limits for more than 24 hours prior to shipment or subsequent to unloading.

(b) Horses and ponies. Horses and ponies may be kept within town limits for pleasure or recreational purposes only, provided that no horse or pony is kept, housed, penned, or maintained in a shed, stall, stable or other place within 200 feet of a residence, including the owner's or boarder's residence, church, store or other place of business. All pens, sheds, stalls or stables, or structures in which the same may be kept, housed or penned, shall at all times be required to be kept clean, disinfected and sanitary, and the same shall not emit at any time any noxious or offensive odor or smell which can be detected by and is offensive to the occupant of any house in the town. Safeguards must be utilized and maintained to minimize the breeding and dissemination of rodents and flies by the use of appropriate pesticides and feed-storage facilities. The pasturing of any horse or pony will be limited to one animal for every two acres of pasture.

(c) Hens. Up to four (4) hens may be kept within town limits, on residentially zoned properties, for non-commercial purposes only, provided that no hen is kept, housed, penned or maintained within 100 feet of a residence other than the owner’s or tenant’s, a church, store or other place of business. Additionally, hens shall be kept separated from any property line by a minimum of 50 feet and a minimum of 75 feet from any body of water or roadway. All areas where hens are kept shall at all times be required to be kept clean, disinfected and sanitary, and the same shall not emit at any time any noxious or offensive odor which can be detected by and is offensive to the occupant of any dwelling in the town. Safeguards must be utilized and maintained to minimize the breeding and dissemination of rodents and flies by the use of appropriate pesticides and feed-storage facilities. Hens must be kept within an enclosed chicken coop and/or run, the total area of which shall not exceed 200 square feet in size. The free ranging of hens is prohibited. Any individual keeping hens within the town must obtain an annual registration permit with an annual fee in order to be in compliance with this section of the Code of Ordinances.

(d) Effect upon existing livestock. Persons keeping or maintaining within the corporate limits any of the animals named in subsection (a) of this section, shall remove them from the corporate limits in order to comply with subsection (a) of this section not later than six months from the effective date of the ordinance from which this subsection is derived.

(e) Violations. In any event, if any horse, pony or hen being kept pursuant to subsections (b) or (c) becomes noncompliant with these provisions, upon written notice given by the town to either the owner of the horse, pony or hen or the possessor of said horse, pony or hen, that owner or possessor shall have seven days to correct the deficiencies noted in the written notice, and failure to correct the deficiencies noted in the written notice shall constitute a violation of this chapter.

• There was a lengthy discussion regarding the matter. 
• Council recommended this should be put on the regular meeting and a decision should be made.

V. Continue Discussions Regarding Proposals for the Lease of the Former ABC Store Property

• Town Council continued review of proposals for the lease of the former ABC Store building located at 2654 Memorial Highway.
• The Town has received updated proposals from Wade Oppliger / Paul & Cara Brock / Leslie Rowland and from Lake Lure Tours, INC / KML Investments, LLC.
• There was a lengthy discussion regarding the proposals. 
• This matter will be added to the December 12, 2023 Town Council Meeting for a vote.  

VI. Revisit Proposed Schnabel Work Order No. 12, Task 2, Proposal for Professional Engineering Services for Spillway Gate Inspections

• During the October work session and action meeting, Town Council reviewed Schnabel Work Order No. 12 for professional engineering services for dam and spillway gate inspections at the Lake Lure Dam.
• There was consensus to proceed with approving Task 1 of the work order, which was for the engineering services for the dam inspection for $26,217.
• Task 1 was approved at the November regular meeting.
• Staff and Schnabel Engineering recommend that Town Council revisit Task 2 for the inspection of the spillway gate and consider future approval.
• The total cost associated with Task 2 is $73,813.
• Manager Perkins noted that this work has nothing to do with Dam Safety requirement.  This inspection is being requested because it has never been inspected before.
• The inspection assesses the operation, seals, and metal/wood scenario.
• Once the inspection is complete, they would design for the seals and any repairs would be made during next year’s drawdown when the lake is further down. 
• The inspections will start immediately, but repairs will be made next year and would not likely need to be done for the remainder of the life of this dam.
• This will be on the agenda for approval at the regular meeting.

VII. Review and Consider Approval of Annual Addendum to County Service District Contract – Staff recommends taking action as it is a time-sensitive item*

• Rutherford County and the Lake Lure Fire Department entered into a County Service District Contract in 2017.
• The County recently sent an annual addendum to the Contract which extends the Contract through June 2024.
• Additionally, the addendum notes that the County agrees to pay the Lake Lure Fire Department $14,538 in accordance with Section 1 of the Contract.
• Chief Waycaster explained that each year we get an annual addendum to the County Contract. These are County funds that go back into Town’s general fund for services provided outside of Town Limits.
• A motion was made to approve this item and the motion was approved. 

VIII. Discuss Procore Project Management Software

• Project Manager Michael Dydula has been in search of a project management software system and has been in contact with various software companies.
• Such software would increase efficiency, organization, and overall performance for managing the Town’s various major infrastructure projects.
• Project Manager Dydula has determined that Procore offers services that fit the needs of the Town for project management and Procore offers such services at a reasonable price.
• The quote submitted by Procore has a total of $16,026. This price includes $5,000 for implementation, training, and assistance with set-up. 
• Council expressed support.
• Manager Perkins said we will put a budget amendment on the agenda for this, moving forward it would be an ongoing item on the budget.

IX. Review Proposed LaBella Task for Water System Consolidation

• LaBella Associates has submitted a proposed task for Water System Consolidation.
• The Town’s water system currently consists of three somewhat separate zones –
• (1) Firefly Cove served by one well (soon to be two) and a storage reservoir;
• (2) the central ‘downtown’ area served by the ‘Powers’ well; and
• (3) the ‘80’ system served by the ‘Woody’ and ‘80’ wells, and storage reservoirs including ‘Island Creek’ and another at the ‘80’ well.
• Because the downtown area is not able to be served by either of the other two systems and itself has only one well and no reservoir, the Town relies on Chimney Rock Village for redundancy.
• The Town wishes to consolidate the systems such that they can collectively support each other and in particular, the downtown system so that the dependency on Chimney Rock Village is eliminated as shown below.

• The Scope for the task includes data collection, design, permitting, and construction assistance.
• The lump sum associated with the task is $10,600.
• Manager Perkins noted that this has been needed to be done for a while and explained that the costs will help in asking for future funds because we will know where we are projected with our existing funds and will be clear in what we need moving forward.
• Council expressed support and this will be added to an upcoming Town Council Meeting for a vote.

X. Review Ruby-Collins Agreement Amendment 03: 

• Ruby-Collins has submitted proposed Agreement Amendment 03 for the purpose of carrying forward the Phase 1 Guaranteed Maximum Price (GMP) scope development and allow the Project Team to design, plan and permit the Gravity Lift System (GLS) alignment from the South Shore of Sunset Cove to the treatment plant.
• Ruby-Collins has stated that the budget for this amendment was intended to be captured in the GMP pricing for this winter’s work, but since to not being able to move ahead with full GLS work this winter due to water levels not able to reach minus 20, this scope must be broken out and funded up front.
• GLS pricing for the winter of ‘24/’25 will reflect this amount already being paid to the project team. Amendment 03 includes an additional $550,000, which brings the total contract amount to $3,522,095.
• Council expressed support for this.

XI. Review Draft Budget Amendments for Interns

• At the October work session and action meeting, Town Council discussed and expressed support for hosting two interns from local universities.
• One intern would work with Town Hall staff to complete tasks associated with utilities and administrative actions. The other intern would work with Community Development on zoning and Geographic Information System (GIS) operations.
• Finance Director Stephen Ford has will present two draft budget amendments to account for each intern
• Manager Perkins explained that he has been in contact with the planning department and they will hire either a senior or a graduate student.
• The Town Hall student will be a graduate level.  Interviews are set up and they will work on various financials and other projects and record keeping.
• The Budget amendments for these internships will be on the regular meeting agenda.  

XII. Discuss Future Capital Reserve Fund for Water and Sewer: 

• Finance Director Stephen Ford and Town Manager Hank Perkins recommended establishing a capital reserve fund for water and sewer.
• This fund designates funds for future water and sewer capital items and dictates how the fund can relate to debt service and loan payments in the coming years.
• Manager Perkins noted that at the last meeting, we discussed the need to plan how we are going to pay back State Revolving Fund (SRF) loans.
• We are finishing up the remaining ARPA funds quickly and have SRF loans that we will exceed with the upcoming sewer and Waste Water treatment Plant (WWTP) projects.
• Manager Perkins proposed a capital reserve for the sewer system project and he recommended putting the $400,000 that has been previously identified for this work, into the fund. 
• He stated that we would set this fund aside and it will gain cash value over time.
• The reserve will be able to point to this money that the Council raised for the sewer and would supplement expenses with this fund and it is good for accounting and transparency.          

XIII. Discuss Dates for the 2024 Town Council Planning Retreat: 

• Town staff requests that Council discuss possible dates for the 2024 Town Council Planning Retreat.
• The annual Planning Retreat is held with the purpose of discussions the Town’s overall goals.
• After reviewing schedules, it was determined that it will be January 18^th at 8:30 a.m.

XIV. Discuss December Work Session and Action Meeting Date: 

• The 2023 meeting schedule adopted by Council lists the December Work Session and Action meeting date as December 19th.
• Council discussed making it the 12/20/23, a Wednesday.

XV. Review Draft 2024 Town Council and Marine Commission Meeting Schedules

• The draft schedules below were well received with no objections.

XVI. Review Draft 2024 Budget Calendar: Town Council reviewed the proposed calendar and had no objections.

XVII. Continue Discussion Regarding Parks and Recreation Trust Fund (PARTF) / Boys Camp Road: 

• Staff requested that Town Council continue discussions regarding Boys Camp Road and the associated Parks and Recreation Trust Fund grant.
• As discussed at previous meetings, Town staff found that cell towers are prohibited by Parks and Recreation Trust Fund (PARTF) guidelines for land acquisition.
• The Town received a PARTF grant for an acquisition project for Boys Camp Road in 2019 and at the time of award, the Town had no plans to place a cell tower on the property, but it is now a priority that the Town have the cell tower constructed on the property to increase public safety.
• Town Council and staff previously discussed the Town’s options which include converting a different property that is not currently owned by the town and must be appraised at the same value as the Boys Camp Property per today’s value or paying back the funds.
• Council will continue to discuss options and determine the best course of action to regaining compliance with PARTF.
• There was consensus to pay it back. 

XVIII. Project Manager Updates 

• The reservoir drain project has been going well according Project Manager Dydula and he advised that Director Lindsey’s team has been instrumental in helping.
• $1.86 million of work has been completed according to latest payout and it is about 24-25 percent completed.
• He noted that has not been any major rain events and they are about 9-10 days ahead of current schedule.
• Contractors will be starting the new sewer bypass next week.
• Project Manager Dydula reviewed change orders for design improvement for sewer location, old access road repair, and determining how to handle safety netting on the top.
• Project Manager Dydula asked if DOT aware that we are doing the reservoir drain and Mayor Pritchett answered yes.
• Morgan has been good to work with.
• The next big milestone is the sewer line and temporary bypass, identifying suitable bedrock.
• Schnabel will be doing inspections at the dam and there will be 3-4 work crews in the Town during the drawdown.
• Director Lindsey is working on procuring security cameras for the dam, WWTP, and Town Hall.
• Project Manager Dydula noted that the State was pleased with the Town and dredging. There was a brief discussion on how best to move forward. 

XIX. Town Manager Updates

• Manager Perkins provided an update on his follow up with Chimney Rock Village. 
• He advised that they are asking for proposals from private operators who would do what the Town is doing for them after the Town gave them a price.
• They went ahead and passed an extending resolution.
• Commissioner Proctor noted that would be ideal if they would have a private company take over.

XX. Adjournment