Regular Town Council Meeting Summary - Tuesday, October 10, 2023

Thank you to all who attended the Regular Town Council Special Meeting on Tuesday, October 10, 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 a Livestream video of the meeting and download the meeting packet for additional information.   

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

A. Pledge of Allegiance and Invocation: Commissioner Jim Proctor led the Pledge of Allegiance and Commissioner Patrick Bryant led the Invocation.

II. Agenda Adoption: The agenda was adopted with one addition, item J regarding the Duke Energy Purchase Power Agreement.

III. Mayor's Communications: Mayor Pritchett thanked everyone for attending the meeting.  She recognized the Police and Fire Department staff for all they do to keep citizens safe.  

IV. Town Manager's Communications

• 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. Top accomplishments/project updates include:
  • Trees on Lurewood Manor have been removed by Public Works, preventing a major catastrophe.
  • Repair on Manhole #11 has been completed, reducing the flow by approx. 100 to 150 thousand gallons.
• Community Development – Director Williams reported another active month for Community Development. The department issued 34 permits for the month of September as compared to 39 permits in August and performed numerous follow-ups. This includes 7 Zoning, 4 Lake Structure, 3 Land Disturbance Permits, and 4 Vacation Rental Operators. Top accomplishments/project updates include:
  • Z&P Board initiated a review of Chapter 4 Animals ordinances regarding Section 4-3 Livestock in response to a citizen proposal of a text amendment. The board requested staff prepare a recommendation to be considered at the October 17 meeting.
  • BOA reviewed, and approved, three variance requests for setback adjustments.
  • Working with AT&T/Tillman Construction for actual cell tower zoning permit. Have received complete zoning permit application, plans and review fee and preparing to issue zoning permit.
  • Continuing to work with State Department of Environmental Quality in follow-up to our May audit for training and support. Received advanced permit review training in August with state review officer. Scheduled for project inspection training with State inspector in October.
• Fire / Emergency Management –It was still a busy month in September. The department responded to 43 fire/medical/rescue calls throughout the month. Firefighters completed 307 hours of training this month.
  • Continuation of the Fire Ground Operations 4 class.
  • Participated in the Town Council Round Table event.
  • Smoke Investigation call Proctor Rd.
  • Fire Hydrant Maintenance and testing.
  • Lock-out at Ingles.
  • Stand-by/inspections for Fireworks @ Rumbling Bald At Lake Lure.  
  • Stabbing call (Memorial Hwy).
• Police – A slower month than the previous one, which is typical this time of year with weekend visitors and events. Lake Lure Classical Academy began classes and as scheduled, the beach was closed after Labor Day. Lake Patrol Hours: 36.5.  Top three accomplishments included:
  • Most officers have now completed their yearly classes and testing for In-Service
  • There were two unmanned boats afloat in the waters of Lake Lure on the same day just within hours of each other. Officers were able to secure one vessel by anchoring it near shore until the owner was reached and able to come retrieve it. The second vessel had apparently taken flight from its owner’s boat lift, and taken a free ride out into the waters of Lake Lure.  The owner was located and the boat was secured promptly. It was important that both vessels were quickly located, owners located, and the vessels secured. It is important that we have all owners information so that we can quickly locate them in the event their boat goes on a trip without them.
  • Officers are busy preparing for their yearly Firearms Qualifications which will take place mid-October.
• 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 activities: 
  • Began training new AmeriCorps member, Maddie Bartosh
  • Began prepping for fall decorations
  • Boat permit sales
  • Installation of Hickory Nut Gorge State Trail markers
  • Worked on updating the lake use fee schedule for 2024 6.
  • Inspection of 911 address signs on boathouses
  • Lake patrol
  • 2024 boat permit order
  • Researched new bear-resistant trash cans
  • Holiday lighting planning
  • Ribbon-cutting for new Upper Boulders Trail
  • 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; 7 volunteer hours
  • Weed Patch Mountain trail boss walked trail and reported issues – 1 volunteer; 7 volunteer hours 2
  • Carolina Climbers Coalition had 2 workdays to work on the new Upper Boulder’s Trail at Buffalo Creek Park – 6 volunteers; 158.5 volunteer hours
  • Organized a Weed Patch Mountain workday on 9/20 to improve drainage – 9 volunteers; 63 volunteer hours
  • Organized a Weed Patch Mountain and Buffalo Creek Park workday on 9/28 to install Hickory Nut Gorge State Trail markers –2 volunteers; 16 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
  • Utilized volunteers to collect water samples – 3 volunteers; 30 volunteer hours
  • Attended meetings
  • Utilized a total of 284.5 volunteer hours, valued at $5,690
  • Held a ribbon-cutting for the new Upper Boulders Trail at Buffalo Creek Park
• Finance – Finance Director Steve Ford provided the Revenues and Expenditures Reports included 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. 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 $11,012,986.59 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 $320,568.56 for a total balance of $16,820,568.56.
  • FY 23 audit procedures continue and comparable amount of detail and review as in prior years is occurring. No outliers or significant concerns have been reported as of yet.
  • Numerous state reports, data, and reimbursements will be submitted over the next few months.
  • Scanners have been purchased and imaging and document storage will be implemented soon.
  • The North Carolina Department of Transportation approved funding once again for 2023 State Aid to Municipalities Highway Fund (POWELL BILL).
• Communications – Communications Director Laura Krejci continues her community outreach along with progress in all areas.
  • There were 46 news articles published on the town’s website and were sent to 2,015 by hyperlink.
  • The website also had 15,704 visitors in September representing a 29% increase over the same month last year.
  • The Town of Lake Lure has 20,061 followers on Facebook as of September 2023, representing a 7% increase (+1,336) over September 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.
  • Top Highlights include:
    • Exceeding 20,000 followers on Facebook.
    • Coordination of Round Table Meetings and publication of Meeting Summary
    • Coordination of Upper Boulder Trail Ribbon Cutting
• 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 LaBella Engineering on the new sewer system and planning. Highlights: Continued reviews of the proposals received for the Lease and reuse of the Old ABC Store Property.  
  • Continued the Space Needs Study for the Fire Department with ADW Architects.
  • Completed the application for funding for an AIA Study for the Town’s water system.
  • 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.
  • Met with members of the Hunt estate to finish a temporary construction easement for the drain valve project.

V. Council Liaison Reports and Comments

• ABC Board: Commissioner Scott Doster reported the activities of the ABC Board. He noted that there was one opening for a new employee.  
• Lake Advisory Board: Commissioner Doster reported the activities of the Lake Advisory Board. He noted that a Community Fishing Forum was being held on 10/11/23 to provide the latest updates on the 224 Lake Use Regulations, Enhanced Boat Permits for Fishermen/women, Reduced Fee Schedule for Non-Motorized Boats, and the Results of the 2023 Fish Study!  
• Zoning and Planning Board: Commissioner David DiOrio reported the activities of the Zoning and Planning Board and noted that the Town needed to review the current uses and zoning for all town properties. He advised that there seems to be a trend of misinformation regarding grandfathering setback regulations.  He stated that this is allowed as long as the foundation is not disturbed and if the foundations are impacted it is not grandfathered.  He noted that if anyone has any questions before beginning projects they should contact Community Development.
• Board of Adjustment / Lake Structure Appeals Board: Commissioner DiOrio reported that the Board of Adjustment / Lake Structure Appeals Board met.  
• Parks and Recreation Board:  Mayor Pritchett reported the activities of the Parks and Recreation Board. She advised that there was a new Americore member, Maddie Bartosh.  She shared that they had discussed the new bear proof trashcans that are being purchased.  There was discussion regarding the plan for Master Planning of the Green Space after the space needs assessment was completed for the Fire Department and the Police Department. 

VI. 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.

• Debra Gardner: Ms. Gardner noted that she had asked questions at the previous month's Regular Town Council Meeting.  She thanked staff for following up with her regarding her requests; however, she stated that she was displeased that the Town Manager and Department Heads made a decision not to post active contracts on the website. She stated that she has requested all active contracts.  Additionally, Ms. Gardner reported that she was displeased with the decision to close the beach after the end of the season.  She noted that many beaches are open with a sign to notify them that no swimming was allowed. She also noted that if supervision of the area was required she asked why this was not the responsibility of those in charge of the concession agreement.   

• Ronnie Wood expressed a problem with Town's building inspectors. He stated that they are saying he needs a permit for a boat lift because it is structural.  He said that it is not structural. He advised that Mr. Carpenter approached him over a repair that he was making and was rude and had not responded back to his numerous calls. He reiterated that he does not need a permit for boat lift because he does not think that it is structural.

 VII. Consent Agenda: The following minutes were approved as a part of the Consent Agenda.

• September 12, 2023 Regular Town Council Meeting Minutes
• September 19, 2023 Special Round Table Meeting Minutes
• September 21, 2023 Special Round Table Meeting Minutes
• September 27, 2023 Town Special Town Council Meeting Minutes
• September 27, 2023 Town Council Work Session Meeting Minutes

VIII. Unfinished Business: There was no Unfinished Business to discuss.

IX. New Business: 

A. Ordinance No. 23-10-10A Amending Chapter 30 (“Traffic and Vehicles”) Article III - " Parking Violations: Enforcement”) Section 30-62 (“Parking and Use of Electric Vehicle Charging Stations”) of the Town of Lake Lure Code of Ordinances: Signage for the Town’s electric vehicle (EV) charging station specifies a limit of two hours of parking and charging station usage. Code of Ordinance Section 30-62 details regulations regarding parking and use of electric vehicle charging stations, but does not include the specified time limit displayed on signage. In order to make such a time limit enforceable, Town staff is recommending the addition of the specified time limit under Section 30-62 (e) of the Code of Ordinances. Furthermore, staff is recommending that the time limit be increased from two hours to four hours. Town Council reviewed the proposed ordinance reflecting staff’s recommendations at the September 27th work session meeting.  This signage was approved.

B. Resolution No. 23-10-10 Authorizing Town Council to Take Action at Work Session Meetings: There has been an increase in special meetings as of recent due to time sensitive items that emerge related to major projects. As a result, it has been determined that special meetings create obstacles for timing and attendance. It has further been determined that such obstacles could be deterred given the ability to take action at work session meetings, rather than having one regular opportunity for voting each month. Town Council discussed this option at the September 27th work session meeting and there was support for authorizing the ability to take action during work session meetings. Resolution No. 23-10-10 authorizes Town Council to take actions at work session meetings.  This item was approved.

C. Lake Lure Tours Off-Season Beach Schedule Request: For the past two years, Lake Lure Tours (LLT) has requested changes to the off-season beach schedule. The changes were approved by Council both years. Lake Lure Tours is operating in accordance with the latest Concession Agreement terms at this time, but has submitted the following request for the 2023 off-season beach schedule:

1. The beach remain closed from the day following Labor Day Weekend until and through the day following commencement of lake drawdown.

2. The beach be re-opened the day following commencement of drawdown for complimentary, unsupervised, “no swimming” public access until the day following commencement of lake refilling or until the lake is returned to full pond, whichever comes first.

3. At the day of commencement of refilling, the beach then be re-closed until reopened by LLT for the year’s season, beginning Memorial Day Weekend.

Commissioner DiOrio explained that the Lake was owned by the Town and therefore the Town is responsible for monitoring the area.  This is extremely challenging with their other responsibilities throughout Lake Lure. There was a discussion regarding the difference of this area and the lakeside area in Morse Park or Pool Creek Picnic Park.  It was noted that one difference in the Beach property is that Lake Lure Tours owns the property including the picnic tables, the slides, and the life guard stands. There was a lengthy discussion about the matter and the issue was tabled at the current time for further review. 

D. Third Amendment to PANGAEA Services Agreement: Town staff has been in contact with PANGAEA regarding the need for an extension of services to the Waste Water Treatment Plant (WWTP) and a temporary trailer that will be located on the property for Morgan Corporation. There would be a one-time extension fee of $3,000, but internet services will continue to be free throughout the terms of the services agreement. In exchange, PANGAEA is proposing an additional five years to their agreement term, which would extend the agreement term until 2032. PANGAEA has provided the Town with a proposed third amendment to the services agreement reflecting the terms detailed above.  The item was approved.

E. Ordinance No. 23-10-10B Adopting the 2023 Water Shortage Response Plan: Kace Environmental has assisted the Town in drafting the 2023 Water Shortage Response Plan. The North Carolina Department of Environmental Quality requires that the Town adopt an ordinance establishing procedures and measures for the essential conservation of water resources and for prescribing certain penalties.  The Ordinance was adopted.

F. Resolution No. 23-10-10A Setting Guidelines for Administrative Approvals for Project Change Orders: Kace Environmental has assisted the Town in drafting the 2023 Water Shortage Response Plan. The North Carolina Department of Environmental Quality requires that the Town adopt an ordinance establishing procedures and measures for the essential conservation of water resources and for prescribing certain penalties. This resolution was approved. 

G. Resolution No. 23-10-10B Accepting State Revolving Loan Offer of $7 Million:  The Town received a letter from the State Water Infrastructure Authority (SWIA) regarding the approval of the Subaqueous Sanitary Sewer Replacement (SASS) Project as eligible to receive a total funding increase of $7,000,000 from the Clean Water State Revolving Fund (SRF) loan. The loan is repayable at 0.00% interest and there is a loan fee of 2% that will be invoiced after bids have been received. The Town previously received an SRF loan for the SASS project in the amount of $12,500,000 with a 0.00% interest and a loan term of 30 years. This loan will have a term of 30 years, as well. The resolution was adopted so the funds could be accepted. 

H. Budget Amendment #356 for HVAC Unit Replacement for Police Department: The purpose of Budget Amendment #356 is to replace the HVAC unit for the Police Department. The total amount associated with Budget Amendment #356 is $20,000. The Budget Amendment was approved. 

I. Budget Amendment #357 for Manhole #11 Emergency Repair: The purpose of Budget Amendment #356 is fund the emergency repair of Manhole #11. The total amount associated with Budget Amendment #357 is $28,000.  Public Services Director Dean Lindsey advised that these were the costs for the remainder of the recent manhole repair.  The Town had to remove the seawall to repair the manhole.  The Budget Amendment was approved. 

J.  Duke Energy Purchase Agreement:  This item involves which terms will be used with the power purchase agreement that ends toward the end of October 2023.  Town Council recommend a two year term for this agreement. Mr. Perkins will follow up with Duke Energy to discuss this further.

X. Adjournment: The meeting was adjourned.