Regular Town Council Meeting Summary - May 9, 2023 at 5PM

The Lake Lure Town Council held a special meeting on Tuesday, May 9, 2023 at 5:00 PM at the Lake Lure Municipal Center at 2948 Memorial Highway, Lake Lure, NC 28746. The public was invited to attend.   

The following is a summary of the meeting for those who could not attend. You may download the meeting packet for additional information.  Please note that this is a summary and formal minutes from this meeting will be included in the following month's meeting packet.  

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

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

III.     Mayor's Communications: Mayor Pritchett thanked everyone for their attendance.

IV.    Town Manager's Communications: Town Manager Hank Perkins summarized the following highlights from each department: 

• Public Services – The Public Service Department is busy keeping everything working as smoothly as possible, from normal maintenance, to any problems the Town has that is in our realm to fix. Continued smoke testing that was started in late Feburary and will follow through, until completion. Continued progress on the sewer project. Top accomplishments/project updates: 1) Bee Traps were placed at Town Hall. 2) New Flag Poles have replaced the old ones throughout Town. 3) Helping wrap up Phase 1 of the Lake Lure SASS project. 4) Continuation of Smoke Testing to identify leaks in the sewer system. 5) Duke Energy still has substation down for repairs 6) Pipes have been purchased for the replacement of a deteriorated pipe on Luther Burbank Road. Completion of this project is scheduled for the first week of May. 7) The first round of Right of Way road mowing has been started and will be a priority until it is completed.
• Community Development – Director Williams reports another active month for Community Development (CD). The department issued 30 permits for the month of April as compared to 56 permits in March and performed numerous follow-ups. This includes 7 Zoning, 3 Lake Structure and 3 Land Disturbance Permits. Top accomplishments/project updates: 1) On April 5th, went through NCDEQ audit of our Erosion & Sedimentation Control Program. CD is the delegated authority as a Local Program to implement the provisions of the DEQ Sedimentation Control Program under G.S.113A-60 on behalf of the State. This is rolled into the local Land Disturbance permitting and inspection program. This is a great responsibility and undertaking that was inherited two years ago with minimal direction or oversight. In that light, this audit of our program was welcome. Through the audit process, CD realized more of the scope and expectations of DEQ. 2) Zoning & Planning Board reviewed proposals to add a “minor structural repair” category to the “one size fits all” lake structure permit to provide a more simplified process for minor (less than $5,000 cost) in kind repair & replacement projects (vs. a project like a new structure or major restructuring). They also reviewed proposal to add doubled review fee penalty for zoning, lake structure & land disturbance permits issued after work has begun. Intended as a response to the on-going issue of work being done without required permits. Would be coupled with increased communication of permitting requirements with the objective of increased compliance. Z&P recommended both ordinance text amendments to be approved. 3) BOA met and discussed the two ordinance recommendations that the Zoning and Planning Board is sending to Town Council. Was received positively, especially since they deal with many of those unpermitted projects when they apply afterward for variances on work already done. 4) LSAB reviewed and approved two lake structure variance requests: one for an expansion of an existing encroachment on the 15’ sideline setback and the other for a covered structure being built on a lot that is less than the minimum shoreline requirement.
• Fire / Emergency Management – April was a busy month. Among other activities, there was Active shooter training at AB tech, and Chainsaw Maintenance. They also monitored Fire Boat 1 due to the lake levels rising, performed Equipment Inventory and Performed annual fit test. The department responded to 32 fire/medical/rescue calls throughout the month. An increase in calls was due to the colder weather. Firefighters completed 413 Hours of Training this month. Top accomplishments: 1) Performed maintenance on Hydrants. 2) Wrote a policy on Fire Boat Operations.
• Police – As the lake opens for the season, LLPD is absolutely ready to patrol and make sure the new regulations are adhered to. New businesses are opened, traffic on the roadway has increased, new homes are being built, and we are ready for the tourist season to begin. Top three accomplishments in May: 1) For the past several years it’s been difficult to find new Reserve Officers to help fill in when an officer is off and other Reserve Officers are not able to come work. Good news is we are currently looking at three new Reserve Officers who will be able to help us. The process of a new officer can be lengthy so it may be later in the summer before we complete background checks. 2) All Officers have now taken the Lake Patrol & Enforcement class put on by Officer Tyler Dills, dealing with updated Rules and Regulations. These classes were held at Town Hall. 3) SFST (Standard Field Sobriety Testing) Class was given by the North Carolina Wildlife. These maneuvers will allow officers to test for sobriety while the suspect is on a floating device or boat.
• 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 following is a summary of accomplishments: 1. Worked on summer annuals order 2. Processed commercial applications 3. Installed a drop box for daily boat permit pick-up 4. Boat permit sales 5. Worked on getting online boat permit sales capability 6. Worked on creating new connection from the Dittmer-Watts Trail to the Green Space 7. Dittmer-Watts Nature Trails trail boss walked the trails and reported issues – 1 volunteer; 2 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. Carolina Climbers Coalition had 5 workdays on Buffalo Creek to work on the new Upper Boulder’s Trail at Buffalo Creek Park – 70 volunteers; 510 volunteer hours 11. Organized a Dittmer-Watts workday on 4/18 to repair minor erosion and water diversions– 2 volunteers; 4 volunteer hours 2 12. Organized a Weed Patch Mountain workday on 4/8 to remove fallen trees –2 volunteers; 14 volunteer hours 13. Buffalo Creek Park workday is in great shape and no workday was needed this month 14. Planned upcoming trail maintenance days and recruited volunteers to help 15. Checked Buffalo Creek Park, DittmerWatts Nature Trails, and Weed Patch Mountain for damage 16. Utilized volunteers to collect water samples– 4 volunteers; 22 volunteer hours 17. Utilized a total of 569 volunteer hours
• Finance – Revenues and Expenditures Reports are provided as separate attachments to supplement this summary. As in recent months, the largest expenditures relate to the sewer project. Requests for reimbursements will be reviewed and submitted in May as approved by the Town Manager and the Project Manager. 1) Revenues continue to track as projected and departments also continue to efficiently use resources in regards to individual line items in the departmental budgets. 2) Departments are quickly and complying with expected changes in purchasing policies and procedures –which has produced a new level of review and follow up regarding all purchases. Departments have been helpful and cooperative in working with new proposed changes 3) The Town sustained its strong financial position with an unreconciled bank balance of approximately $10,340,000 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. 4) Budget preparation, audit completion, and daily tasks have consumed operations over the last month. Leadership from Town Manager, counsel from the Town Project Manager, and continual feedback from Town Departments greatly aid in all phases. 5) An offer has been made and accepted to a well-qualified and experienced applicant. The candidate’s strengths included very strong organizational skills, experience with interacting with various state agencies, regular reporting duties, accounting functions Meeting Packet Page 5 of 144 across many sectors, and an established reputation having genuine rapport with the general public and colleagues.
• Communications – Communications Director Krejci continues her community outreach as she has posted 31 news articles that illustrate town-related news. A listing of these articles with hyperlinks was emailed to over 1,985 citizens, along with a link to the Town Calendar of Events. There were 13,620 website users in April. Social Media: Published 61 Facebook posts for the community with a post reach of 52,760 for the month. The Town of Lake Lure now has over 19,549 followers as of April 2023. Top projects/activities: 1) Finalized Annual Report and mailed it to over 1,000 citizens. 2) Website Users exceeded 15,500 with 31 news articles published. Facebook followers increased to 19, 549 with 61 posts and a post reach of 52,760 3) FEMA Grant Follow Up 4) Had the Town’s 2022 Annual Printed Report completed and mailed it to town addresses with utility accounts.
• Manager / Clerk / Admin Summary - May 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 LaBbella Engineering on the new sewer system and planning. We are expecting to receive the “GMP” from Ruby Collins for future drawdown periods in order to predict work to be done with cost. We have continued working on siting events in Lake Lure to happen at Morse Park as well as 1) Finalizing the development of new Policies and Procedures for contracting, Purchase and Procurement and Electronic Purchasing and presented drafts to Council its work session at the end of April. 2) Working with Mike Dydula, Project Manager, in developing project management tracking. 3) Continuing review of the lowest responsible/responsive bid for the work on the installation of the drain valves for the dam. 4) The bid opening in April for the HDD Boring received no bids. We are working with Ruby Collins to potentially include this work with the Design Build contract work.

V.      Public Hearing: There were no public comments. 

A.     Ordinance No. 23-05-09 Amending the Town of Lake Lure Code of Ordinances, Chapter 6 ("Buildings and Building Regulations"), Article III ("Lake Structures"): 

i.   Staff Report: Community Development Director Mike Williams explained that the Town of Lake Lure Code of Ordinances Chapter 6, Article III, establishes regulations governing all structures to be erected and maintained within the boundaries of the lake for the purpose of enhancing the health, safety, and welfare of the general public and to preserve the property of the town and the properties of upland landowners. As of current, the regulation of lake structures is prescribed and enforced in a uniform manner regardless of severity or type of construction or maintenance. Community Development staff has found that the severity and type of construction and maintenance of lake structures are diverse, and it is sensible and appropriate to regulate the construction and maintenance of lake structures in varied fashion. The Zoning and Planning Board recommended the proposed changes to Chapter 6, Article III, detailed in Ordinance No. 23-05-09.

ii.  Public Hearing: There were no public comments.

iii. Council Deliberation: There was a brief discussion.

iv. Consideration of Adoption of Ordinance No. 23-05-09: The ordinance was adopted.

B.      Ordinance No. 23-05-09A Amending the Town of Lake Lure Code of Ordinances Section 6-49 (a) (12) and Section 36-140 (b) (5), and Adding Section 22-23 (a) (1) to Establish Doubled Permit Fees for Projects Commenced Prior to Obtaining Permit(s)

i.   Staff Report: Community Development Director Mike Williams expressed concern regarding consistent occurrences of projects commenced prior to obtaining necessary permitting. As a deterrent, the Department is recommending the implementation of doubled permit fees for lake structure, zoning, and land disturbance projects commenced prior to obtaining necessary permit(s). The Department further recommends that the doubled permit fee not apply to mobile food vendor operators or vacation rental operators, but such operators may be subject to civil fines as provided in the Town fee schedule if caught commencing a project prior to obtaining necessary permit(s). The Zoning and Planning Board recommended the language proposed in Ordinance No. 23-05-09A

ii.  Public Hearing: There were two comments.  Debra Warner asked if a meeting that had been discussed with contractors had been scheduled. Mr. Williams said that a meeting was being planned once the ordinance has passed. A second person asked if the ordinance would be retroactive or moving forward.  Mr. Williams confirmed that the plan was to address penalties for violations moving forward.  The penalty will apply when they 

iii. Council Deliberation: There was a discussion regarding various situations where the penalty will apply. 

iv. Consideration of Adoption of Ordinance No. 23-05-09A: The Ordinance was approved.

VI.     Council Liaison Reports and Comments

VII.    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.

• Laura Doster asked about the status of the bill making elections every other year.  Mayor Pritchett advised that this bill wasin the senate and it has not passed.

VIII.  Consent Agenda: The following consent items were approved.

A.     Approval of the April 11, 2023 Regular Town Council Meeting Minutes, the April 18, 2023 Special Round Table Meeting Minutes, the April 20, 2023 Special Round Table Meeting Minutes, and the April 26, 2023 Regular Town Council Work Session Meeting Minutes

B.      Resolution No. 23-05-09 Amending the Rules of Procedure for the Lake Lure Town Council

In April 2001, Town Council adopted the Rules of Procedure for the Lake Lure Town Council. The Town Attorney has reviewed the 2001 procedures manual and has proposed amendments based on the current Town Council operations and/or North Carolina General Statutes.

C.     Approval of Rumbling Bald Request to Rearrange the Placement of the Cluster Mooring Located on the Northwest end of the Lake Rumbling Bald has requested approval from Town Council to reconfigure the arrangement of their approved cluster mooring on the northwest end of the lake in order to mitigate sediment fill issues and improve wake issues in the mooring area. Town Council reviewed the request at the April 26th work session.

IX.     Unfinished Business: There was no unfinished Business.

X.       New Business

A.     Request for Town Council Approval to Re-Sand the Existing Town-Owned Beach Located at 2724 Memorial Highway: Community Development Director Mike Williams explained that Section 6-61(1) of the Town of Lake Lure Code of Ordinances states that any activity such as dredging or filling at or below the shoreline without written permission from the town or any land disturbance which alters the shoreline is prohibited. Parks and Recreation Director Dean Givens has requested written approval from Town Council to re-sand the existing Town public beach. Director Givens proposed bringing in sand to spread at and above the shoreline portion of the beach to replace sand lost over time. Mr. Williams Community Development Staff recommends that the Town Council approve this resanding of the Town’s existing public beach located at 2724 Memorial Highway.

There was a recommendations that a new ordinance identify existing beaches in Lake Lure that will need to be maintained so this will be explicit in the future. The authorization was approved to resand the Town Beach.  

B.      Proposed Amendment to the FY 22-23 Lake Use Fee Schedule: This amendment was approved.

C.     Proposed Amendments to the FY 23-24 Budget Calendar: Mr. Perkins explained that Town Council adopted the current FY 2023-2024 Budget Calendar at the December 13, 2022 regular meeting. Currently, Senate Bill (SB) 408 is being reviewed by the North Carolina General Assembly. If SB 408 is adopted by the General Assembly, Section 3 of the Bill would allow a county that reappraised its real property for the 2023 tax year to postpone the reappraisal by adopting a resolution between January 1, 2023, and June 30, 2023. Due to the uncertainties surrounding the outcome of SB 408, Town staff is recommending amendments to the budget schedule to postpone both the Town Manager’s presentation of the proposed budget and the public hearing on the proposed budget.

Amendment to the calendar was approved.  Now June 28th at 5PM 17th 2PM and 

D.     Budget Update: Finance Director Steve Ford provided an update in regard to the FY 23-24 budget. The Town Manager will present Council with a budget on May 17th, which will be followed by a budget workshop and the adoption of a resolution setting the public hearing date to receive comments in regard to the budget. The new values came in today and we are at 1.2 billion vs 1.4 billion. We will now use this to create a revenue neutral millage rate. The values in LL increased more than any other territoy. The revenues of the other towns were pretty static. Needs to be consideration about what our future needs are as a town.  

E.     Resolution No. 23-05-09B Adopting Record Retention Policy for Documents Created or Maintained Pursuant to the American Rescue Plan Act / Coronavirus State and Local Fiscal Recovery Funds: Finance Director Steve Ford advised that the Town must adopt a policy to establish guidelines for records retention for documents created or maintained pursuant to the American Rescue Plan Act / Coronavirus State and Local Fiscal Recovery Funds. Resolution No. 23-05-09B authorizes the adoption of such policy. The retention timeline is for five years. The resolution was adopted.

F.      Resolution No. 23-05-09C Adopting Nondiscrimination Policy: Town Manager Hank Perkins explained that the Town received allocations of funds from the American Rescue Plan Act / Coronavirus State Fiscal Recovery Fund. The funds received are subject to the U.S. Department of Treasury regulations and the Town should follow all federal statutes and regulations prohibiting discrimination in its administration of the funds under the terms and conditions of the award. Resolution No. 23-05-09C authorizing the adoption of a Nondiscrimination Policy. The resolution was adopted.

G.     Resolution No. 23-05-09D Adopting Allowable Costs and Costs Principles Policy for Expenditure of American Rescue Plan Act / Coronavirus State and Local:  Finance Director Steve Ford outlines that the Town received allocations of funds from the American Rescue Plan Act / Coronavirus State Fiscal Recovery Fund. As a result, the Town should adopt a policy for the allowable costs and costs principles for the expenditure of American Result Plan Act / Coronavirus State Fiscal Recovery Fund monies. Resolution No. 23-05-09D authorizes the adoption of the proposed Allowable Costs and Costs Principle Policy. The resolution was adopted.

H.     Resolution No. 23-05-09E Adopting Eligible Use Policy for the Expenditure of American Rescue Plan Act / Coronavirus State and Local Fiscal Recovery Funds: Finance Director Steve Ford explained that the Town received allocations of funds from the American Rescue Plan Act / Coronavirus State Fiscal Recovery Fund. As a result, the Town should adopt an eligible use policy for the expenditure of American Result Plan Act / Coronavirus State Fiscal Recovery Fund monies. Resolution No. 23-05-09E authorizes the adoption of the proposed Eligible Use Policy. The resoution was adopted.

I.       Reservoir Drain Valve Bid Update: Project Manager Mike Dydula advised that the Town received two reservoir drain valve bids. There will be a special meeting on Wednesday, 5/10/23 to allow for in-depth Council discussion regarding bid award recommendations and details.

J.       Resolution No. 23-05-09F Authorizing the Town Manager to Approve Exemptions from Mini-Brooks Act in Accordance with N.C.G.S. 143-64.32: Town Manager Hank Perkins explained that North Carolina General Statute 143-64.32 authorizes a unit of local government to exempt itself from the Mini-Brooks Act for particular projects where an estimated professional fee is in an amount less than $50,000. Qualified exemptions, in writing, would allow that unit of local government to omit the QBS process and select an architect, engineer, surveyor, or alternative construction delivery method form by method of choice. Town staff is recommending that Council authorize the Town Manager to approve exemptions for Mini-Brooks Act projects less than $50,000. The Town Manager would approve exemptions through means of letter or memorandum, which will be filed with the Town Clerk. The resolution passed. 

K.     Paving Contract Approval: Public Services Director Dean Lindsey solicited proposals for pavement contracts. Andie Ogle was in attendance to address questions.  Proposals were received and upon review, Town staff suggests that the contract for paving be awarded to Scott Construction, Inc. The total price for completion submitted by Scott Construction is $117,075. Additional proposal details can be found as an attachment. The Town must fund paving prior to the end of the current fiscal year in order to receive Powell Bill reimbursements. The contract was approved.

L. Amandment from LaBella Associates: Project Manager Mike Dydula explained ah phase 6 on the waste water treatment plant. We are replacing two line items.  The revision was approved. 

XI.     Closed Session: In accordance with G.S. 143-318.11(a) (3) for attorney-client privilege or legal claims.

XII.    Adjournment