Regular Town Council Meeting Summary - Tuesday, August 8, 2023

The Lake Lure Town Council held a regular meeting on Tuesday, August 8, 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 of the meeting and formal meeting minutes will be included in the following month's meeting packet.  

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

Mayor Pritchett led the Pledge of Allegiance and Commissioner Patrick Bryant gave the invocation. 

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

III.   Mayor's Communications: Mayor Pritchett thanked everyone for attending the meeting. 

IV.  Town Manager's Communications: Town Manager Hank Perkins presented a summary of the Departmental Updates. 

1) 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 are in our realm to fix. Continued progress on the sewer project along with the continuation of smoke testing. Top accomplishments/project updates: 1) Hydro Plant produced from June 20th to July 20th, making an estimated $76,000. 2) The Water Department has placed 6 new Taps and installed 6 new water meters this month. 3) Replaced Mechanical Valve in pump #2 at the lift station. 4) Culverts and Ditches have been cleaned out throughout Town, once again, to maintain healthy flow through heavy storms. 5) Fence Repair has been completed by Bullzeye Fencing at the Public Works Shop. 6) Snowplow attachment has been installed on the Chevrolet 2500 Service Truck.

2) Community Development – Director Williams reports another active month for community development. The department issued 28 permits for the month of July as compared to 22 permits in June and performed numerous follow-ups. This includes 13 Zoning, 2 Lake Structure and 2 Land Disturbance Permits. Top accomplishments/project updates:  The Zoning and Planning (Z&P) Board continued its review of Chapter 36, Zoning ordinances regarding bars, taverns, nightclubs, and alcohol sales for on-premises uses. Staff provided a recommendation of text amendments, developed with the Town Clerk, for the Board’s consideration. Information from the ABC Commission was also discussed. Z&P Board approved motions to make a text amendment recommendation to Council. Recommendation was to expand the use of zoning districts. Would allow a special use permit for those on-premises alcohol consumption uses in all commercial districts (currently limited to Commercial Shopping District), and to add definitions for the brewery, winery, distillery, including “micro” establishments, bars, and restaurants based upon the ABC Commission’s definitions. Since that meeting, additional information and clarification has been received from the ABC that has led CDD Director and the Board Meeting Packet Page 3 of 98 Page 2 of 3 liaison to return the recommendation to Z&P for additional review prior to submitting to Council. The Z&P Board also supported staff in the interpretation of the Lake Structure ordinance to not require permits for floating water recreation devices but to handle use issues by enforcement of lake use rules. This followed a review and recommendation of the same subject with the Lake Advisory Board.  The Board of Adjustments (BOA) reviewed, and approved, three variance requests for setback adjustments. Continued work on communication tower permitting including getting final Town permitting submitted; satisfying NC SHPO’s requirement of a historical record of what they have determined to be the “tower-impacted” old bridge (now “The Flowering Bridge”). With Laura Krejci’s organizational support, interviews were conducted on July 24 & 25 with bridge-involved residents and a historian from the tower builder’s team to finalize the content of that historical record. Working on developing responses to resident issues & concerns resulting from interactions with bears; especially as related to resident, vacation rental guest, and other visitor’s trash disposal, and property owner’s responsibility for handling garbage scattered, by any means, on land within the Town. This is a major issue for us as a “tourist/visitor destination”, as a geographical area that has seen great increases in local bear populations, as well as for us as the leadership of the place that our local community calls “home”. I believe that this is an issue that all Town departments and leadership must address seriously and intentionally.

3) Fire / Emergency Management –It was still a busy month in July. The department responded to 77 fire/medical/rescue calls throughout the month. Firefighters completed 226 Hours of Training this month. There was a tree down on Washburn, SCUBA equipment maintenance, a medical call on Main St., Chimney Rock and a motor vehicle crash (MVC) on Hwy 9. Performed an inspection and maintenance on Fire Boat 1 . Responded to a MVC on Memorial Hwy @ Dockside. Completed SCUBA training. Responded to 3 calls for service. Conducted a smoke report and possible Structure Fire @ Holmes Rd. Medical call on Calhoun Trl.

4) Police – Our officers have seen a higher call volume this month due the increase of tourists to the area. There were no issues however during the July 4th weekend and fireworks at the beach. The Resort fireworks went off without any problems. Our patrolling of the lake continues to be a priority and there have been positive comments from other boaters seeing patrol out on the lake. With the influx of traffic in town, we’ve also seen an increase in automobile accidents and we’re thankful none were life-threatening. Lake Patrol Hours: 106.75 Top three accomplishments in July: 1) Our 2001 Jeep Cherokee sold and was picked up by the owner who lived in Florida. This vehicle sold on GovDeals. 2) All Officers have been patrolling the lake accumulating over 105 hours. While the need to write a citation to boaters has slowed down, there are still a few that are caught with no permits, which are cited. 3) We are thrilled to have sworn in Officer Keith Morris on July 25th. Officer Morris comes to us from Tryon P.D. and will be working for us as a Reserve Officer.  

4) Parks, Recreation & Lake – Director Dean Givens and Parks & Trails Coordinator Dana Bradley continue to provide exemplary oversight of the Parks, Recreation, and Lake Department. They worked on the following this month: 1. Boat permit sales 2. AmeriCorps paperwork 3. PARTF conversion paperwork for Boys Camp Road property 4. Holiday lighting planning 5. Planned ribbon-cutting for new Upper Boulders Trail 6. Water fountain repair/replacement 7. Ordered new slide for playground 8. Equipment inventory 9. Worked on getting online boat permit sales capability 10. Dittmer-Watts Nature Trails trail boss walked the trails and reported issues – 1 volunteer; 2 volunteer hours 11. Buffalo Creek Park trail boss walked the trail, cleared small trees, and reported issues – 1 volunteer; 7 volunteer hours 12. Weed Patch Mountain trail boss walked trail and reported issues – 1 volunteer; 7 volunteer hours 13. Carolina Climbers Coalition had 2 workdays to work on the new Upper Boulder’s Trail at Buffalo Creek Park – 23 volunteers; 322 volunteer hours 14. Organized a Dittmer-Watts workday on 7/18 to trim overgrowth –2 volunteers; 7 volunteer hours 15. Organized a Weed Patch Mountain workday on 7/27 to remove fallen trees and trim overgrowth –7 volunteers; 49 volunteer hours 2 16. Planned upcoming trail maintenance days and recruited volunteers to help 17. Checked Buffalo Creek Park, Dittmer-Watts Nature Trails, and Weed Patch Mountain for damage 18. Utilized volunteers to collect water samples – 4 volunteers; 20 volunteer hours 19. Attended meetings Three notable projects/activities updates: 1) Utilized a total of 414 volunteer hours 2) Continued selling boat permits 3) Submitted PARTF conversion request for the Boys Camp Road property

5) Finance – Finance Director Steve Ford Submitted Revenues and Expenditures Reports as separate attachments to supplement this summary. Revenues continue to track as projected and departments also continue to efficiently use resources in regards to individual line items in the departmental budgets. This report is the last for the fiscal year but will be adjusted with year-end entries and adjustments from accounting reviews. The Town continued to sustain its strong financial position with an unreconciled bank balance of approximately $9,438,387.64 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 $264,487.05 for a total balance of $16,764,487.05. The external auditors submitted the FY 2022 report and will provide at overall review at Council’s regular meeting this month. Auditors will also perform field work this Meeting Packet Page 5 of 98 Page 4 of 3 month and hold a planning meeting with Finance. A targeted end date will be determined. Powell Bill street certification and expenditure report has been submitted for FY 2023. The street certification will need to be updated for a new 5-year cycle. Fortunately, Mike Williams and Mike Dydula are assisting in this update and the Town can update the submission.

6) Communications – Communications Director Krejci continues her community outreach along with progress in all areas. There were 25 news articles published with a reach of 2019 citizens. The Town of Lake Lure has 19,903 followers on Facebook as of July 2023, representing an 8% increase (+1,419) over July 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. Top Highlights: 1) Coordination of Community Awareness Forum with Sheriff Aaron Ellenberg 2) Coordination of Historical Questionnaire and Interviews in support of the new cell tower. 3) 53% increase in Website Users (29,440) in July 2023 over July 2022.

7) Manager / Clerk / Admin Summary - July 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 Lebella Engineering on the new sewer system and planning. The GMP on our sewer system work has been received from Ruby Collins and Amendment 2 was approved in July. It has been established that the drawdown period for this Fiscal Year will be 3 months starting on January 1st 2024 and ending on March 31, 2024. Highlights: 1)  During the month of July, we worked with answering questions related to the “RFP” for the future leasing of the “Old ABC Store” 2) Worked with Lake Lure Tours to negotiate a new concession agreement for the operation of the marina and the beach. 3) Met with members of the Hunt Estate on their working with the Town of Lake Lure on utility work as well as work involved with study for the placement of the replacement dam.

V. Council Liaison Reports and Comments

ABC Board: Commissioner Doster advised that the board met 7/18/23.  Mr. Earl's passing has been noted with great sorrow. One new part-time position is available. There will be an end-of-year audit this month.  Sales are up.   

Zoning and Permitting: Commissioner Doster advised that the board met 7/18/23.  They reviewed the local regulations on bars and serving alcohol on site and they are continuing to review this and will make recommendations after further research.  Also looking at inflatable platforms that are being reviewed.  

Lake Advisory Board: Commissioner DiOrio advised that the board met 7/10/23.  They are working to prepare for the annual adjustments that will be made including increased fishing access and an adjustment to the non-motorized vessels.  Gary Hasenfus has developed a communication on the fishing study and this will be placed on the website and in the Mountain Breeze.  The fish habitat in Lake Lure is excellent. The bass population is outstanding.  

Board of Adjustments: The board met and their work continues.

Parks and Recreation: He noted the 400+ volunteer hours which do not include the Flowering Bridge volunteer hours.  He discussed the erosion issue that has occurred with the pipes. 

The Mayor thanked everyone for their service on Town Boards.

VI.  Presentations: Audit Presentation

Audit Highlights: 

• UNMODIFIED OPINION
• SINGLE AUDIT REPORTING
• 2022 TESTED 2 PROGRAMS
• GASB 87 IMPLEMENTED (LEASES)
• PERFORMANCE INDICATORS & FINDINGS
• SELF REPORTING

Performance Indicators/Findings – Response Required

• Audit submitted after LGC deadline
• Segregation of Duties
• Bank Reconciliation \
• Significant Audit Adjustments
• Compliance Findings
• Electric Fund Quick Ratio

Positive performance indicators

• GF available fund balance %
• W&S fund quick ratio
• Stable property tax valuation & collection %
• W&S operating net income and cash-to-expense ratio

VII.  Public Comment: The public is invited to speak. There was no public comment.

VIII.  Consent Agenda: The agenda below was approved.

A.  Approval of the July 11, 2023 Regular Town Council Meeting Minutes, the July 26, 2023 Special Town Council Meeting Minutes, the July 26, 2023 Town Council Work Session Meeting Minutes, and the July 28, 2023 Special Town Council Meeting Minutes

B.  Resolution No. 23-08-08 Approving LaBella Task 5 Amendment: Resolution No. 23-08-08 approves LaBella Task 5 Amendment including an extension of budget for various on-call services not specifically addressed by other approved Tasks.

LaBella Associates has submitted a proposed amendment to Task 5 for an extension of budget for various on-call services not specifically addressed by other approved Tasks. Such on-call services were previously addressed by Task 5 which was fully expended and invoiced in 2021. LaBella is proposing to add $25,000 to the Task 5 budget, bringing the Task 5 total amount to $50,000. Many services covered under Task 5 require only a minimal of effort, which is why LaBella is proposing that they will not be required to obtain written approval before charges are incurred or invoiced. However, LaBella will notify and seek such approval from the Town for any individual effort which is expected to exceed $1,000. Work under this Amendment will be charged at hourly rates plus costs (without markup) current as of the time charged or expense incurred. LaBella will continue to submit monthly invoices that track the charges for each individual task. Resolution No. 23-08-08 approves LaBella Task 5 Amendment.

C.  Budget Amendment #353 for LaBella Task 5 Amendment: Budget Amendment #353 is associated with the costs of the LaBella Task 5 amendment approved by the adoption of Resolution No. 23-08-08.

Budget Amendment #353 is for the purpose of funding the costs associated with LaBella Task 5 Amendment. The Amendment includes an extension of budget for various on-call services not specifically addressed by other approved Tasks. The extended amount associated with the Task 5 Amendment is $25,000.

D.  Resolution No. 23-08-08A Supporting Foothills Rural Planning Organization (RPO) Prioritization 7 Submittals: Resolution No. 23-08-08A declares support for Foothills Rural Planning Organization Prioritization 
7 submittals. The purpose of the submittal is to work towards improving all modes of transportation for the region.

The Foothills RPO are one party actively working to develop comprehensive transportation submittals for the region, including Lake Lure. The purpose of the submittals is to work towards improving all modes of transportation for the region. The Foothills RPO is requesting that the Town of Lake Lure adopt a resolution establishing support submittals to the State Transportation Improvement Program during Prioritization 7.

E.  Budget Amendment #352 for Lake Lure Flowering Bridge Parking Lot: Town Council recently approved a request from the Lake Lure Flowering Bridge (LLFB) in regard to assistance with funding for volunteer parking in the amount of $8,000. Budget Amendment #352 is for the purpose of funding the approved request.

Town Council recently approved a request from the Lake Lure Flowering Bridge (LLFB) in regard to assistance with funding for volunteer parking in the amount of $8,000. Budget Amendment #352 is for the purpose of funding the approved request.

IX. Unfinished Business: There was no unfinished business.

X.  New Business

A.  Resolution No. 23-08-08B Approving Change Order to Synagro Agreement for Lake Lure Wastewater Treatment Facility Sludge Removal

In 2020, the Town entered into an Agreement with Synagro for the removal of sludge at the Lake Lure Wastewater Treatment Facility. Synagro has submitted an updated proposal with a scope including removal of sludge, piping, and disposing of material at a local land fill adhering to state and federal regulations. The scope for the Lake Lure Wastewater Treatment facility also includes supplying uninterrupted access to the project site for the duration of the project during normal working hours, supplying potable water to the project site within 50 ft. at 100 gpm 60psi. Pricing includes a onetime $23,529 fee for mobilization and demobilization, and $1,360 per dry ton associated with hauling and land application. Town staff estimates that the total price for the sludge removal will amount to $100,000. Resolution No. 23-08-08B approves the change order to the Synagro Agreement for the Lake Lure Wastewater Treatment Facility sludge removal.

This item was approved.

B.  Budget Amendment #354 for Synagro Agreement Change Order

Budget Amendment #354 is for the purpose of funding the costs associated with the Synagro Agreement change order for the Lake Lure Wastewater Treatment Facility sludge removal. The estimated costs related to Budget Amendment #354 amount to $100,000.

This item was approved.

C.  Budget Amendment #355 for 177 Tryon Bay Circle Demolition

The Town recently received bids for the demolition of the structure located at 177 Tryon Bay Circle and the lowest bidder was DH Griffin Wrecking Co. Inc. with a lump sum bid amount of $80,850. The lump sum includes the costs of demolition, asbestoscontaining material removal, slope stabilization, and a 10 percent contingency. Budget Amendment #355 is for the purpose of funding the costs associated with the 177 Tryon Bay Circle Demolition.

This item was approved.

D.  Resolution No. 23-08-08C Amending 2023-2024 Lake Drawdown Schedule

The initial 2023-2024 Lake Drawdown Schedule was adopted to span from November 1 st until March 31st. Since the initial adoption, it has been brought to the Town’s attention that the schedule conflicts with the timeline of operations for the reservoir drain valve installation. Morgan Corporation, who will be installing the valve, requires lake access for their barge after the original November 1st drawdown start date. As a result, the Town has worked with Morgan Corporation and Ruby-Collins to determine an appropriate drawdown schedule spanning from January 1st until March 31st . Resolution No. 23-08-08C amends the 2023-2024 Lake Drawdown Schedule.

This item was approved.

E.  Amend 2023 Town Council Meeting Schedule to Hold the August Work Session Meeting on August 16th

In order to accommodate all schedules, it has been determined that it is appropriate to hold the August Town Council work session on Wednesday, August 16, at 8:30 a.m. The 2023 Town Council Meeting Schedule will be amended to hold the August work session on August 16th, rather than August 23rd.

This item was approved.

XI.      Closed Session: In accordance with G.S. 143-318.11(a) (3) for attorney client privilege and G.S. 143-318.11(a) (5) for the purpose of discussing property acquisition.

XII.    Adjournment