Regular Town Council Meeting and Public Hearing Summary - Tuesday, December 12, 2023

Thank you to all who joined the Regular Town Council Meeting and Public Hearing on Tuesday, December 12, 2023 at 5:00 PM. 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: Mayor Carol Pritchett called the meeting to order.  
A. Pledge of Allegiance and Invocation: Everyone stood and said the Pledge of Allegiance and Commissioner Patrick Bryant led the Invocation. 

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

III. Mayor's Communications: Mayor Pritchett recognized Jeff Geisler from Rumbling Bald on Lake Lure for hosting the annual Veterans Day Program and treating Veterans and their spouses to breakfast.  There were over 100 in attendance and everyone appreciated the opportunity to thank Veterans and their family members for their service. 

IV. Town Manager's Communications
A. Monthly Report: Town Manager Hank Perkins shared the following highlights from the departmental monthly reports: 

1. Public Services – The Public Service Department is busy keeping everything working as smoothly as possible. Director Dean Lindsey provided the following are highlights from last month. 

• 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  (WWTP) and Hydro Plant Maintenance.
• The following are top accomplishments and project updates:
  • Cover for step screen at the WWTP has been constructed and installed.
  • Water Leak at 151 Anglers Way Rd has been repaired.
  • Flow through at the lift station was monitored during the sanitary valve installation. All went well and the new valve was successfully installed.
  • Assisted Morgan Group with vac truck and excavator in 2 locations to locate a portion of sewer line on the Dam Road. The location of pipe was found to be between one to two feet into the paved road.
  • The water tower tank grounds have undergone maintenance. Inside the fence and up to 10’ outside the fence has been mowed and trees removed.
  • Public Works has installed the Snowflakes on the power poles throughout Town for the holidays.
  • Christmas Trees have been put up in Town Hall by Public Works.
  • “No Outlet” Sign has been ordered and installed at the beginning of Proctor Rd, based on a resident request, due to misplaced traffic.
  • The Conex Box at the Public Works shop has been cleaned out and pressure washed for Ruby Collins to utilize during sewer project work during the upcoming drawdown.

      2. Community Development – Director Mike Williams reported another active month for the department.   They issued 31 permits for the month of November as compared to 35 permits in October and performed numerous follow-ups. This includes 12 Zoning, 1 Lake Structure, 1 Land Disturbance Permit, and 1 Vacation Rental Operators. The following are top accomplishments and project updates:

• The Zoning and Planning (Z&P) Board reviewed the Flowering Bridge’s plans for an educational center 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.
• The Board of Adjustments (BOA) reviewed, and approved, two variance requests for setback adjustments, including one that was approved for part/not entire request.  They also began review process of Flowering Bridge Special Use Permit (continued to next month to allow the applicant to submit additional required documentation.
• The Lake Structures Appeals Board (LSAB) reviewed a permit for an applicant’s with a non-conforming lot to add a covered lake structure. Per ordinance, this required the board’s determination that the structure would not substantially obstruct any neighbor’s views of the lake.
• Continued working with AT&T/Tillman Construction on the cell tower project. Construction is moving toward late 1st quarter 2024.
• 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. The department reported that they have learned a lot and are proud of their program!

    3.  Fire / Emergency Management –Fire Chief Dustin Waycaster reports a busy month in November with the department responding to 39 fire/medical/rescue calls throughout the month. Firefighters completed 196 Hours of Training this month.  The department reports the following top accomplishments and project updates. 

• Foam demo and training at Mountain Home Fire Department.
• Risk Management team meeting at LLCA.
• PQRM meeting at Rutherford Regional Hospital.
• Stand-by at the LLCA basketball game.
• Mutual Aid to Henderson County Fire.
• Fire Alarm call @ Chimney Rock State Park.
• Engine 2510 to the shop for Repairs.
• Smoke Report Resort Lane debriefing for the Chimney Rock State Park staff.
• Assistance to Polk County with water rescue and patient carryout.
• Woods/Brush Fire Chimney Rock State Park.
• Fire Alarm at Riverwatch restaurant.

    4.  Police – Police Chief Sean Humphries reported that the month of November was a slower month compared to pat years.  Officers still remain vigilant. Lake Patrol Hours: 1.50.   The department reports the following top accomplishments and project updates. 

• Officers had calls this month ranging from a car chase with a pretty fast Corvette coming into the downtown area, to an altercation at a local bar where two very intoxicated individuals were “fussing”. Officers arrived and found the male subject armed. Our Officer was forced to pull his weapon out in the moment where the male reached for his pistol. Our officer was able to de-escalate the scene and the male was taken to jail.
• Two officers, Corporal Aaron Collins and Reserve Officer Tommy Lytle were able to assist as Color Guard during the Lake Lure Veterans Day Ceremony.

      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. The department reports the following top accomplishments and project updates. 1. They continued training new AmeriCorps member 2. Installed holiday lights 3. Worked on Commercial Boat Model 4. Boat permit sales 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. Staff cleared several large trees from the Weed Patch Mountain trail and emergency accesses on 11/4 10. Volunteers cleared small trees from Weed Patch Mountain on 11/11 – 3 volunteers; 21 volunteer hours 11. Organized a Buffalo Creek Park workday on 11/30 to repair eroded areas –3 volunteers; 21 volunteer hours 12. Carolina Climbers Coalition volunteers checked the Upper Boulders Trail and removed fallen trees and debris – 10 volunteers; 60 volunteer hours 13. Staff removed fallen trees from Dittmer-Watts Nature Trails on 11/6 14. Organized a Dittmer-Watts Nature Trail workday on 11/9 to trim overgrowth–3 volunteers; 9 volunteer hours 2 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 – 2 volunteers; 20 volunteer hours.  The department highlighted three notable projects/activities updates:

• Utilized a total of 140 volunteer hours, valued at $2,800
• Installed holiday lights
• Completed the 2024 Commercial Boat Model

     6.  Finance – Finance Director Steve Ford provided the Revenues and Expenditures Reports as separate attachments to supplement this summary in the Meeting Packet. 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 department reports the following top accomplishments and project updates. 

• 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 $10,510,605 for all funds other than special revenue funds (the Dam Fund) which still holds a balance of $ 16,500,000 as well as accumulated interest of $377,715 for a total balance of $16,877,715.
• FY 23 audit procedures continue and a comparable amount of detail and review as in prior years is continuing.
• Dredging costs have been submitted for reimbursement for the calendar year under the Town’s current grant.

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

• There were 26 news articles published on the town’s website and these were emailed to 2,076 citizens by hyperlink.
• There were 10,000 website users in November 2023 compared to 7,792 website users in November of 2022.
• The Town of Lake Lure has 20,592 followers on Facebook as of November 2023, representing an 8% increase (+1,093) over November 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.
• The department reports the following top accomplishments and project updates.  
• Planned and coordinated a meaningful Veterans Day Program with over 100 in attendance.
• Planned Lighting Up Lake Lure event, which was well received by the Community. 
• Maintaining consistently high visibility and reach on social media and the website with a 28% increase in website users over the same period in November 2022 and 467 new followers in the last month.

     8.  Manager / Clerk / Admin Summary: Manager Perkins reported that October 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. The following are top accomplishments and project updates. 

• Continued reviews of updated proposals received for the Lease and reuse of the Old ABC Store Property. Effectively, the Town is narrowed to 2 potential proposal opportunities at the present time to choose from.
• Conducted meeting #1 with Architects on the Fire Department Space Needs Study.
• In the process of finalizing the water system management agreement with Chimney Rock. This looks like it's going to be extended through the end of June 2024 for better cost estimation for the contract year beginning July 1st, 2024.
• Began the implementation of fleet maintenance town-wide with Enterprise Fleet Services. We conducted our second orientation meeting with Staff and had training for website use. Full implementation is expected to begin in December.
• Conducted review of LaBella’s WWTP Master Plan Study. Presentation to Council is expected in January’s Council Work Session.

B. Review Actions Taken at October’s Work Session and Action Meeting: Mr. Perkins highlighted the approval of Annual Addendum to County Service District Contract

V. Public Hearing: Ordinance No 23-12-12 Amending the Town of Lake Lure Code of Ordinances, Chapter 36 (“Zoning”), Associated with Alcohol Regulations

• The Zoning and Planning Board has been in the process of reviewing Town Ordinances in relation to the sale of alcohol in town limits.
• After thorough discussion, the Board recommended the amendment of the Zoning Ordinances to revise definitions to fit the North Carolina General Statute 18B definitions for hotel/motel, restaurants, mobile food vendor, private club, community theatre, and convention center; to remove Section 36- 65(C) (2); to correct the “micro-brewery” definition error to reflect that the products sold must be at least 75 percent on-site; and to remove “alcoholic beverages for off-premises consumption” from Section 36-65 (B) (1). Town Council reviewed the Zoning and Planning Board’s recommendation and provided further input. Ordinance No. 23-12-12 reflects the recommended changes to the Zoning Ordinances related to alcohol sales in Lake Lure.

i. Staff Report: Community Development Director Mike Williams provided a brief overview and recommended approval. 
ii. Public Hearing: There were no public comments.
iii. Council Deliberation: Town Council had a brief discussion on the matter.
iv. Consideration of Adoption of Ordinance No. 23-12-12: The Ordinance was approved.

VI. Council Liaison Reports and Comments: In lieu of liaison reports, Board Chairs will present an annual overview of their work, accomplishments, and plans for the New Year. 

VII. Presentations - Annual Board Reports

• Parks and Recreation Board: This report will be deferred until January.

• ABC Board: Board Chairperson Rich Sayles gave an overview of the work that had been done over the last year. 
  • He thanked all those who were involved with the move of the ABC store.
  • He acknowledged Earl, a staff member who passed away this year and stated that he is greatly missed.  
  • Mr. Sayles advised that they had a new security system. 
  • He said that budgeting and audits are better than they have ever been. 
  • The Board has added two new members Esther Lusk and Trace Boswell. 
  • Trent, the store manager is doing a great job. 
  • The Mayor and Council Members commended Rich for his efforts and the efforts of the staff.

• Zoning and Planning - Board Chairperson Randy Nelson provided the following overview. 
  • He advised that there had been no new subdivision plats over the year.
  • The Board reviewed and approved some technical requests and updated the fees associated with the permit system.
  • They doubled the fees for projects starting without a permit.
  • The Board established a two-tiered system and created a minor repair permit fee for $200 with no need for a survey or architectural plans. 
  • They reviewed and addressed temporary flotation structures.
  • He advised that the Board had spent quite a lot of time on the alcohol issue and amending the alcohol ordinance which strengthened the ordinance which confirms to state rules. 
  • The Board provided staff enforcement direction and guidance on how to deal with a use that is not permitted. 
  • They reviewed two buildings including the Hickory Nut Gorge Outreach's storage building and the Flowering Bridge Education Center that is being planned.
  • They also helped assess the ordinance related to chickens.
  • As for the 2024 goals, they plan to review the sign ordinance and streamline and simplify it so it is more clear. 
  • They also plan to begin reviewing the 2027 Comprehensive Plan in portions which will include a review of Town-owned parcels.
  • There are five board members and Mr. Nelson stated that they would like to see more diversity on the Board. 
  • The Mayor thanked Mr. Nelson for his leadership and for the hard work of the Board. 

• Board of Adjustment (BOA) and Lake Structures Appeals Board (LSAB): ​​Chairperson Greg Gardner provided background information on the BOA and LSAB which he shared from the Board bylaws.
  • The Board consists of 5 regular members and 3 alternate members with staggered three-year terms; Greg Gardner (Chair), Neil Gurney (Vice-Chair), Wyn Hardy, Al Joyner, and Melvin Owensby, Kimberly Sayles (Alternate Member), Mark Windfeldt (Alternate Member), one vacant Alternate member. 
  • Mr. Gardner thanks the staff members and Council liaisons for their support.
  • He advised that there will be three vacancies and interested parties may submit Volunteer Board Applications to Town Clerk, Olivia Stewman.
  • He noted that the Board has seen a 33 percent increase in variance reviews over the past year.  He explained that the Board reviewed the variances that had taken place this year, including special use permits.
  • Mr. Gardner concluded by stating that he looked forward to continuing to serve the Town and thanked the Mayor and the board members for their time and service.

Mayor Pritchett thanks all the Board Chairs for their reports.  She explained that part of the reason for their reports was to increase everyone's knowledge of the role of the boards and the work that they are doing.  She encouraged citizens to apply for board positions. 

VIII. Public Comment: The public is invited to speak. Please keep comments limited to three minutes or less. Comments may also be submitted in writing to the Town Clerk, ostewman@townoflakelure.com, at least one hour prior to the meeting.

1) Kimberly Sayles from 122 Harris Road Lake Lure, NC stated that she was driving by Geneva and there was an RV that had been there for some time and it had not moved. She stated that she wants to keep the community looking professional.  Town Manager Perkins stated that he will follow up and look into this matter. 

2) Pat Buede from 2153 Memorial Highway, Lake Lure NC stated that there had been 11 outages this year.  She asked that a community meeting be scheduled with Duke Energy to discuss how they could decrease the number of outages.  Town manager Perkins stated that he has followed up with Craig DeBrew from Duke Energy about holding such a meeting and a ate will be publicized as soon as the meeting is confirmed.  

IX. Consent Agenda: The consent agenda was approved.
A. Approval of the November 14, 2023 Regular Town Council Meeting Minutes and the November 29, 2023 Town Council Work Session and Action Meeting Minutes
B. Approval of Budget Amendment #360 for Town Hall and Community Development Internships
C. Adoption of 2024 Town Council Meeting Schedule
D. Adoption of 2024 Budget Calendar
E. Amendment of the 2023 Town Council Meeting Schedule to Correct the Date of the December Work Session and Action Meeting
F. Budget Amendment #361 for Procore Project Management Software

X. Unfinished Business
A. Consideration of Proposals for the Lease of the 2654 Memorial Highway (Former ABC Store Property)

• Town Council has been in the process of reviewing proposals for the lease of 2654 Memorial Highway.
• There are two proposals remaining including a proposal from Wade Oppliger / Paul & Cara Brock / Leslie Rowland and a proposal from Lake Lure Tours, INC / KML
• Investments, LLC. Town Council will consider taking action to move forward with negotiations with a proposer.
• There was a lengthy discussion regarding the two proposals. 
• The chart below summarizes the two proposals.

• There was a lengthy discussion regarding the two proposals and Council members expressed their difficulty in selecting one proposal over the other.
• Ultimately Town Council voted to approve the proposal from Wade Oppliger and Paul and Cara Brock.
• The Town Manager will be working through the details of the proposal with these parties.

B. Ordinance No. 23-12-12A Amending Code of Ordinances Chapter 4 (“Animals”) to Allow Chickens

• Town Council has been in the process of reviewing possible changes to the Code of Ordinances Chapter 4 (“Animals”) to allow chickens within Town limits.
• After a thorough discussion and review, Town Council approved the updates to Ordinance No. 23-12-12A to allow chickens within Town Limits.
• The ordinance passes three to one.

XI. New Business
A. Approval of Schnabel Work Order No. 12, Task 2, Proposal for Professional Engineering Services for Spillway Gate Inspections: Approved

Town Council approved Work Order 12 Task 1 for the engineering services for the dam inspection during the November regular meeting and there was consensus to revisit Task 2 at a later date. Town Council revisited Task 2, which is for the engineering services for the spillway gate inspection, during the November work session and action meeting. At this time, Council reviewed comments from Schnabel Engineering and determined that it is necessary to proceed with inspections of the spillway gates. The total cost associated with Task 2 is $73,813.

B. Approval LaBella Task 17 for Water System Consolidation: Approved

LaBella Associates submitted a proposed task 17 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. The Scope for the task includes data collection, design, permitting, and construction assistance. The lump sum associated with the task is $10,600. Town Council reviewed this task at the November work session and action meeting.

C. Approval of Ruby-Collins Agreement Amendment 03: Approved

Ruby-Collins has submitted proposed Agreement Amendment 03 for the purpose of carrying forward the Phase 1 GMP scope development and allow the Project Team to design, plan and permit the 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. Town Council reviewed the proposed Agreement Amendment 03 at the November work session and action meeting.

D. Ordinance No. 23-12-12B Establishing a Capital Reserve Fund for Sewer: Approved

Town staff has recommended establishing a reserve fund for capital projects related to the enhancement and improvement of sewer services. The initial term of the water fund will be for seven years with a funding maximum of $2.8 million. Upon the effective date, the reserve fund will including an annual funding increment of no less than $400,000 per year. If adopted, the capital project ordinance would become effective on July 1, 2024.

E. Budget Amendment #362 for Capital Reserve Fund for Sewer: Approved

Budget Amendment #362 is associated with the Capital Reserve Fund for Sewer. The purpose of Budget Amendment #362 is to transfer the initial apportionment of $50,000 from the sewer fund balance to the capital reserve fund for sewer.

F. Budget Amendment #363 for Public Safety Radios: Approved

Town Emergency Management staff was recently informed that the Town’s current radios will be inactive beginning in 2025 and the Town must purchase or plan to purchase new radios by the end of December 2023. Budget Amendment #363 is to fund the purchase of new public safety radios. The overall amount associated with Budget Amendment #363 is $20,000.

G. Discuss Lead Service Line Loan Application:

The Environmental Protection Agency requires that all community water systems and non-transient non-community water systems develop an inventory of all service line connections. This is required for both system-owned and customer-owned lines. The inventory must identify the potential presence of lead within each service line connection. The initial inventory must be completed and submitted to the North Carolina Public Water Supply Section by October 16, 2024. There is a Bipartisan Infrastructure Law that invests $15 billion nationwide towards Lead Service Line Replacement (LSLR). With this investment, 49% of funds will be provided nationwide to communities as principal forgiveness loans to disadvantaged communities and disadvantaged areas, and 51% of funds will be available as low-interest loans. Funding is available for local governments, non-profit water companies, and investor-owned water utilities. In September, the State Water Infrastructure Authority approved 30 communities statewide to receive more than $34 million in funding for projects to find and replace lead service lines and additional funding is available for other communities in future rounds. At this time, there is $22 million available, $14 million of which will be provided as principal forgiveness loans. If awarded, the Town would use the loan to complete the required lead service line inventory. The funding amount available for this type of inventory project is a maximum of $1 million. The next application cut-off date is January 5, 2024.

This item was discussed and will be presented for review and consideration at the December 20, 2023 Meeting.

XII. Adjournment