Regular Town Council Meeting Summary - Tuesday, November 14, 2023

Thank you to all who attended the Regular Town Council Special Meeting on Tuesday, November 14, 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 view the meeting on livestream and you may download the meeting packet for additional information.   

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

II. Agenda Adoption: The agenda was adopted with the omission of item I under New Business.  This item will be addressed at a later time.

III. Mayor's Communications

IV. Town Manager's Communications

A. Monthly Report: Below are the September highlights from the various departments. Full department reports are available upon request.

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 their realm to fix. Top accomplishments/project updates:

• At Lift Station: Rebuilt Air Valve on Pump #1 at Lift Station. On Pump #2, Replaced Check Valve. Seal Repair on Pump #1 Completed.
• Cleaned Sewer Manhole #26.
• Completed Inspection of Penstock Hoist, and Hoist at Trash Gate
• Discovered, Repaired and Recovered from Broken Main Water Line at Firefly Well Sight. System Restored.
• Public Works and Parks and Rec have been working together to get Christmas Lights put up throughout Town. This will continue until completed.

2) Community Development – Director Williams reports another active month for community development. The department issued 35 permits for the month of October as compared to 34 permits in September and performed numerous follow-ups. This includes 12 Zoning, 2 Lake Structure, 3 Land Disturbance Permits, and 2 Vacation Rental Operators. Top accomplishments/project updates:

• Z&P Board completed consideration of Chapter 4 Animals ordinances regarding Section 4-3 Livestock in response to a citizen proposal of a text amendment and sent a recommendation to Town Council for a text amendment decision.
• BOA reviewed, and approved, three variance requests for setback adjustments and denied one variance request of the front yard chain link prohibition.
• Continued working with AT&T/Tillman Construction for actual cell tower zoning permit. Have returned the zoning application for some minor revisions following our review and should be ready to issue zoning permit upon receipt. We are still looking at 1st quarter 2024 tower installation. We met again on October 30 for additional training and review and, on November 2nd received word that the recommendation will be going to the State Commission to apply, plans and review fee and preparing to issue zoning permit upon their return of the application package.
• Continued to work with NC Department of Environmental Quality in follow-up to our May audit. We’ve had the opportunity for a couple hands-on trainings in Erosion and Sediment Control plans review, and on October 30 the regional inspector for the State spent the day with us, in the field, for project site inspections training. On November 2nd, I was advised that the State program director will submit their recommendation to the State Commission to place our program on “fully certified” status. I am proud of the work that has been done to achieve this and of how we have learned and improved the erosion and sediment control program that we operate for the State as a “Local Program”.

3) Fire / Emergency Management –It was still a busy month in October. The department responded to 26 fire/medical/rescue calls throughout the month. Firefighters completed 304 Hours of Training this month. The following are examples of the work that has been accomplished this month.

• Fall Festival Participation at Lake Lure Classical Academy and Trick or Treat in CRV.
• Held Fire Ground Operation Training at the Fire Department
• Weed Patch Mountain Trail Pre-planning.
• Pumps Training at the old ABC store with staff, engine, and Fire Boat Operations.

4) Police – The events in and around town have been attended by many, which caused traffic backups but everyone minded their manners and no incidents were reported due to traffic. Lake Patrol Hours: 6.  The following are some of the top accomplishments:

• Officers were hired for extra duty to patrol the Arts & Crafts show, as well as to patrol the area during the Lake Lure Classical Academy Haunted Trails. The hiring of extra duty officers allows us to maintain the town with our scheduled patrol, while hired officers are able to give special detailed attention to events in and around town.
• Officer Shuford who heads up our drug drop box, took in another full box of unused medicines and our year-to-date total in gross weight is 43 pounds.
• Officer Dills and Chief Humphries responded to a young woman attempting suicide from the top of Chimney Rock. After speaking with the young woman, she made her way back into the safety gate of the rock and once she was safe, she agreed to seek help.

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 following is a summary of the work accomplished this month: 

• Continued training new AmeriCorps member
• Put out fall decorations and began installing holiday lights
• Began processing commercial applications and boat permit sales
• Installation of Hickory Nut Gorge State Trail markers.
• Completed updates to lake use fee schedule for 2024
• Inspection of 911 address signs on boathouses and Lake patrol
• Placed 2024 boat permit order 11.
• Water fountain repair/replacement
• Dittmer-Watts Nature Trails trail boss walked the trails and reported issues – 1 volunteer; 3 volunteer hours
• Buffalo Creek Park trail boss walked the trail, cleared small trees, and reported issues – 1 volunteer; 6 volunteer hours
• Weed Patch Mountain trail boss walked trail and reported issues – 1 volunteer; 7 volunteer hours 2
• Organized a Weed Patch Mountain workday on 10/12 to improve drainage and remove a fallen tree – 5 volunteers; 35 volunteer hours
• Organized a Buffalo Creek Park workday on 10/19 to repair eroded areas –3 volunteers; 21 volunteer hours
• Organized a Dittmer-Watts Nature Trail workday on 10/19 to remove fallen trees –2 volunteers; 4 volunteer hours.
• Planned upcoming trail maintenance days and recruited volunteers to help.
• Checked Buffalo Creek Park, Dittmer-Watts Nature Trails, and Weed Patch Mountain for damage and Utilized volunteers to collect water samples – 2 volunteers; 20 volunteer hours.
• Utilized a total of 96 volunteer hours, valued at $1,920. 

6) Finance – Revenues and Expenditures Reports are provided 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.

• The Town continued to sustain its strong financial position with an unreconciled bank balance of approximately $10,542,536.26 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 $349,140.48 (with a monthly interest earning of $28,571.92 for a total balance of $16,849,140.48.
• FY 23 audit procedures continue and comparable amount of detail and review as in prior years is occurring. There is a new GASB requirement pertaining subscriptions. Also, with the significant amount of governmental funding for the Town’s, there with also be at least one and most probably more single audit requirements.
• Finance has submitted two portions of the Powell Bill reporting requirements, the Solid Waste Annual Report, the LGC Biannual Financial Report, with the Sales Tax Refund report being submitted soon. Any of these reports can be provided as needed or requested.
• Scanners have been received. Hopefully our Town Clerk will soon begin a scanning process of financial records first, and then with coordination, all other Town records including Town Council documents and permit documents.
• In coordination with and under the direction of the Town Manager (aka the Budget Director), Finance will reach out to departments mid-fiscal year (December) in order to begin an analysis of current spending levels and historical data in order to determine any cost saving measures or revenue enhancements that can be introduced in the coming year budget.

7) Communications – Communications Director Krejci continues her community outreach along with progress in all areas.  The following is a brief summary of projects.

• There were 20 news articles published on the town’s website and were sent to 2,076 citizens via by hyperlink.
• Google has created a new GA4 data base so data was not available in October 2023. 
• Updated the Town of Lake Lure profile on 11/1/23 so data should become available again at the end of this month.
• The Town of Lake Lure has 20,125 followers on Facebook as of October 2023, representing a 6% increase (+1,093) over October 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. Developing the extensive submission for the FY21 FEMA HHPD Grant.
• Fall updates with Mayor Pritchett for the Website and The Mountain Breeze.
• Cooordinated the Community Fish Forum and the Lake Lure Tennis/Pickleball Ribbon Cutting Ceremony.

8) Manager / Clerk / Admin Summary 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.
• 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.
• Continued the Space Needs Study for the Fire Department with ADW Architects.
• Received yet another revised SRF (State Revolving Loan) for $7,082.61. The State of NC had to process this replacement due to a typo on the first offer received this fall.
• 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 first orientation meeting with Staff and had training for website use. Full implementation is expected to begin on December 1st .
• Worked with Jennifer Duncan in Human Resources to propose several needed amendments to the Lake Lure Personnel Policy. Those amendments have been reviewed with the Town Council.

B. Review Actions Taken at October’s Work Session and Action Meeting

• Approval of Duke Energy Power Purchase Agreement and Renewable Energy
• Certifications Transaction Agreement - Approval of Lake Lure Tours Off-Season Beach Request

V. Council Liaison Reports and Comments

• ABC Board: Commissioner Scott Doster reported the activities of the ABC Board. 
• Lake Advisory Board: Commissioner Doster reported the activities of the Lake Advisory Board. He noted that the board has finalized the 2024 Lake Use Regulations and they are now focused on updating the fee schedule.  
• Zoning and Planning Board: Commissioner David DiOrio reported the activities of the Zoning and Planning Board and noted that many of the updates were included in the Town Manager report.
• Board of Adjustment / Lake Structure Appeals Board: Commissioner DiOrio reported that the Board of Adjustment / Lake Structure Appeals Board met.  
• Parks and Recreation Board:   The Parks and Recreation Board met but a liaison was not present.

VI. Public Comment: The public is invited to speak. Please keep comments limited to three minutes or less.

1. Moe Bay: Mrs. Bay presented an overview of the recent Lake Lure Flowering Bridge Dogwood Auction.  She shared that the Lake Lure Artists created 41 outdoor dogwood raising funds for the Education Center.  She also reported on the Lake Lure Artist Sale over the weekend where $2,000 was raised for the Lake Lure Classical Academy Art and Drama Programs.

2. Dan Gorman: Mr. Gorman spoke in support of allowing chickens in Town.  He presented an eloquent overview of the research he has done on this matter which will be included in the minutes of the meeting. 

3. Ronnie Woods: Mr. Woods expressed his concern about the noise that is created from the new restaurant, Grey Hawk.

VII. Consent Agenda: The following items were approved.

A. Approval of the October 10, 2023 Regular Town Council Meeting Minutes and the October 25, 2023 Town Council Work Session and Action Meeting Minutes

B. Approval of Hydro Utilities Technician Position Description: The former Hydro Utilities Technician recently filled the vacant Public Works Supervisor position. The Hydro Utilities Technician position is now vacant and staff has revised the job description to better fit the needs of the Public Services Department. Town Council reviewed the revised job description at the October work session and action meeting and there was consensus to approve the description, as presented.

C. Resolution No. 23-11-14 Amending Town of Lake Lure Personnel Policy: Town staff has been in the process of reviewing the Personnel Policy and drafting recommended changes. The three major changes that need to be addressed are retiree health insurance benefits, overtime compensation, and transfer of sick time. Town Council reviewed the proposed changes during the October work session and action meeting and there was consensus for support.

D. Approval of Request to Waive Noise Ordinance for Lighting up Lake Lure Event: The Town of Lake Lure and the Friends of the Flowering Bridge Board, in partnership with Lake Lure Classical Academy, will be holding the Lighting of Lake Lure event on Wednesday, November 29, at 5:00 p.m. Town staff is requesting that Town Council waive the “Noise Regulation” detailed in Chapter 20, Article II of the Town of Lake Lure Code or Ordinances for the Lighting of Lake Lure event.

VIII. Unfinished Business

IX. New Business

A. Ordinance No. 23-11-14 Amending Code of Ordinances Chapter 30 (“Traffic and Vehicles”) Article IV (“Traffic Schedules”) Section 30-95 (“Schedule I Speed Limits”): Town staff has received various questions and comments in regard to speed limit signs. There are signs located at town entrances that instruct that the town-wide speed limit is 25 unless otherwise posted. However, this is not stated in the Town’s Code of Ordinances. Town staff is proposing the adoption of Ordinance No. 23-11-14 amending Code of Ordinances Section 30-95 (“Schedule I Speed Limits”) to add subsections B and C to address streets in town limits that are not a part of the state highway system and to specify that nothing in the section shall be interpreted to permit any person to drive a vehicle at a speed greater than is reasonable and prudent under the existing conditions.

• This ordinance was approved.

B. Resolution No. 23-11-14A Setting Public Hearing for December 12, 2023, to Receive Comments Regarding Amendment of Regulations Related to Alcohol Sales in Lake Lure Code of Ordinances Chapter 36 (“Zoning”): 

• 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. Per general statute, the Town must hold a public hearing on all proposed amendments to zoning ordinances. Resolution No. 23-11-14A will set the public hearing date for Ordinance No. 23-12-12 to be held at the December 12, 2023, Regular Town Council meeting beginning at 5:00 p.m.
• The purpose of the public hearing is to receive comments in regard to the recommended amendments to the Code of Ordinances Chapter 36 (“Zoning”) related to alcohol sales in Lake Lure.
• The plan for the public hearing was approved.

C. Resolution No. 23-11-14B Establishing a Capital Reserve Fund for Land, Buildings, Parks, and Other Improvements: 

• Town staff has proposed the creation of a capital reserve fund for the planning and funding of future building, development, and other land improvements.
• Initial funding would be appropriated through fund balance transfers equal to unexpended amounts approved in capital budget line items that were not expended during the last fiscal year.
• It is staff’s opinion that creating this capital reserve is would result in an advantage for formal method to save funds for future capital expenditures.
• Resolution No. 23-11-14B would establish such capital reserve in accordance with North Carolina General Statutes. 
• The resolution was approved.

D. Budget Amendment #358 for Capital Reserve Fund for Buildings, Land, Parks, and Other Improvements: 

• Budget Amendment #358 is for transferring funds into the Capital Reserve Fund for Buildings, Land, and Parks.
• The total amount associated with Budget Amendment #358 is $650,000.
• The budget amendment was approved.

E. Resolution No. 23-11-14C Accepting Updated State Revolving Loan Offer for $7,080,261 and Replacing Resolution No. 23-10-10B Accepting State Revolving Loan Offer of $7 Million: On October 16, Town staff received an email containing an attached letter for an amended offer and acceptance for SRF. Originally, the Town was offered an additional $7 million which was recently accepted by Council. In the amended letter, it is detailed that there was a clerical error in the initial offer letter, and $80,261 was inadvertently omitted. The amended offer letter is corrected to reflect that the Town is being offered an additional $7,080,261 loan. The loan would still be 0% interest and have a term of 30 years. Resolution No. 23-11-14C will accept the updated SRF loan offer for $7,080,261 and will replace Resolution No. 23-10-10B Accepting a SRF Loan of $7 Million. Staff will work towards completing all additional requirements for accepting the loan, as updated.

This resolution was approved.

F. Ordinance No. 23-11-14A Amending Subaqueous Sanitary Sewer System Replacement and Sewer Upgrades Phase I Capital Project Ordinance to Reflect Additional SRF Loan Funds: The Capital Project Ordinance for the Lake Lure Subaqueous Sanitary Sewer System Replacement and Sewer Upgrades Phase I was originally adopted in January 2022. The Town updates the Capital Project Ordinance periodically, as needed. Town staff recommends amending the Capital Project Ordinance to reflect additional State Revolving Fund Loan accepted by the Town for $7,080,261.

• This ordinance was approved.

G. Resolution No. 23-11-14D Extending the Existing Agreement to Operate Water System between the Town of Lake Lure and Chimney Rock Village Until June 30, 2024: 

• Manager Perkins advised that the existing Agreement to Operate Water System between the Town of Lake Lure and Chimney Rock Village is set to expire on December 31, 2023.
• Both Town and Chimney Rock Village staff members have been working on an ongoing draft for a new Agreement to Operate Water System.
• In order to gain more clarity regarding proposed cost estimates proposed by the Town, Chimney Rock Village has requested that the existing Agreement be extended until the end of the fiscal year on June 30, 2024.
• This resolution was approved.

H. Nelon Garbage Services Agreement: There is a necessity to enter into a new agreement with Nelon Garbage Services.

• Town staff recommends that the new agreement span from the date of approval until the end of June 2025.
• The Town currently pays Nelon $17,600.00 per month for garbage pickup and disposal services, but the new contract as presented calls for a $100 per month increase to cover higher and fluctuating fuel costs.
• Prior to the end of the term ending June 2025, staff recommends advertising for bids for solid waste services in order to evaluate future options.
• The updated agreement was approved.

I. Maintenance Agreement for Electric Vehicle Chargers: The Town’s electric vehicle (EV) charging stations recently stopped functioning properly.

• Town staff is recommending that the EV charging stations be replaced with NovaCHARGE stations.
• NovaCHARGE has provided the Town with a proposed maintenance agreement that includes a term of three years and would automatically renew unless otherwise notified.
• Furthermore, the Town will pass-through the electric charge and Town costs to the users of the chargers through a minimal charging fee.
• This item was postponed until a future meeting.

J. Schnabel Work Order No. 12, Task 1, Proposal for Professional Engineering Services for Dam Inspection: Schnabel Engineering submitted a proposal for Work Order No. 12 for professional engineering services for dam and spillway gate inspections at the Lake Lure Dam. Schnabel has proposed a fee of $26,217 for the inspection of the dam and $73,813 for the inspection of the spillway gate.

• The total cost associated with proposed Work Order No. 12 is $100,030.
• Town Council reviewed the proposed Work Order during the October work session and action meeting.
• During review, Council members discussed the option of approving Task 1 for the dam inspection, but postponing approval of Task 2.
• Staff recommends approving Task 1 and revisiting Task 2 at a later date.
• The work order was approved.

K. Budget Amendment #359 for Schnabel Work Order No. 12 Task 1: Budget Amendment #359 is associated with Schnabel Engineering Work Order No. 12.

• This budget amendment would allot for Task 1 of the Work Order which entails a fee of $26,217 for the inspection of the dam.
• This budget amendment was approved.

X. Adjournment