Regular Town Council Meeting Summary - Tuesday, September 12, 2023

Thank you to all who attended the Lake Lure Town Council 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.  She thanked everyone for attending the meeting.  

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

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

III. Mayor's Communications: Mayor Pritchett gave a special thank you to the Public Works Department for their exemplary work to repair the sewer line break so quickly.  She advised that we will continue to work hard to improve our responsiveness in these situations. She asked Ms. Krejci to explain how citizens may sign up for emergency calls during situations such as this.  Mrs. Krejci gave a brief overview of the Everbridge Emergency Notification System.  She explained that anyone may visit the Town Website at www.townoflakelurecom and see the registration link for Everbrige at the bottom of the page. She also invited anyone needing assistance with Everbridge to contact her or the Fire Department for assistance. 

Round Table Meetings: An invitation was distributed for the Fall Round Table Meetings.  The purpose of the meetings is to give community members opportunities to ask questions, share ideas, and get information about the Town of Lake Lure and upcoming projects.

The meetings are open to the public.  One forum will be held on The Terrace, outside of Legends at Rumbling Bald on Lake Lure on 9/19/23 at 6:00 PM.  The other meeting will be in the Lake Lure Municipal Hall on 9/21/23 at 6:00 PM.

Please note that the Town rescheduled the Round Table meeting for 9/21/23 to avoid conflicting with the Hickory Nut Gorge Foundation's Community Impact Awards Dinner scheduled for 9/20/23. You may see an advertisement for this date in the Mountain Breeze but the meeting was rescheduled to 9/21/23 so people could attend both events.

IV. Town Manager's Communications: Town Manager Hank Perkins reviewed August highlights from the various departments. Full department reports are available upon request.

• 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. Synago has begun removal of sludge at the Waste Water Treatment Plant. Top accomplishments/project updates:
  • Complete shoulder reconstruction has been done after paving was completed on Sunset Cove RD.
  • Inspection of the Towns Generators has been completed.
  • Public Services assisted Parks and Rec in picnic table movement for cycling event.
  • Extensive Road cleanup was completed by Public Services from the 14th to the 17th of August.
  • Public Services assisted Parks and Rec in hanging Banner brackets on poles throughout Town Center.
• Community Development – Director Williams reports another active month for community development. The department issued 39 permits for the month of August as compared to 28 permits in July and performed numerous follow-ups. This includes 13 Zoning, 4 Lake Structure and 3 Land Disturbance Permits. Top accomplishments/project updates:
  • Z&P Board continues its review of Chapter 36 Zoning ordinances regarding bars, taverns, nightclubs and alcohol sales for on-premises uses. The intent is to develop our ordinance to work effectively with the State ABC Commission as well as to better meet the interests and objectives of the Town. Is back on Z&P agenda for September 19th .
  • BOA reviewed, and approved, one variance requests for setback adjustments.
  • Working with AT&T/Tillman Construction for tower project on actual tower zoning permit. Received permit and plans for preliminary review on August 25th, no issues at this point.
  • Continuing enforcement efforts for trash/animal (bear)-resistant garbage storage, primarily with communication of requirements and potential consequences of continued violations. Focus area has been vacation rental properties, more due to being the sites of most reported problems that just being a “Vacation Rental Operator”.
  • Working with Public Works and Project Manager on TOLL projects ranging from Firefly water storage tank site maintenance to removal of hazardous/condemned structure on Tryon Bay Circle.
  • Met with State DEQ again in follow-up to our May audit for training and support. Also updated our Erosion and Sediment Control ordinance to the State’s latest revision.
• Fire / Emergency Management: It was still a busy month in August. The department responded to 58 fire/medical/rescue calls throughout the month. Firefighters completed 354 Hours of Training this month.
  • Vehicle Fire on Memorial Highway.
  • Truck and Apparatus Maintenance. Hosted the NC wildland Fire Training with Instructor Doug Thomson from the NC Forest Service.
  • Assisted Public Works with confine space entry on Manhole #11. Maintenance on Fire Boat 1
  • Hydrant Annual Inspection and Flow. Monthly Call Reviews and Quality Management.
• Police: Between the cyclist, Lake Lure Olympiad and normal mass tourist for the summer, our August wrapped up to be a busy one. We stayed busy with many incidents, warrant serving and arrests, one of whom was an individual with a long history of violence, including murder. We arrested him for Assault on a Female at one of our riverside establishments. We continue to have vacation home Burglar Alarm calls as vacationers attempt to put in codes that are wrong. All calls, require an officer to go onsite. Lake Patrol Hours: 92.  Top accomplishments in July:
  • Officers continued working on their yearly required In-Service Training by the North Carolina Training and Standards Division. Every year they are required to take around 10 classes to stay up to date with laws and other matters.
  • Our new Reserve Officer, Keith Morris has been released from his training and has begun working the streets and lake, which has been a great help to us along with all of our other reserve officers during the busy season.
  • Officer Caleb Oates received a Region C Award after being nominated by Corporal Collins. Officer Oates provided lifesaving care to an individual who had collapsed with a heart condition. Officer Oates continued to provide care until medics reached the scene.
• Parks, Recreation & Lake Department: Director Dean Givens and Parks & Trails Coordinator Dana Bradley continue to provide exemplary oversight of the Parks, Recreation, and Lake Department. 1. Boat permit sales. 2. AmeriCorps paperwork. 3. Worked on updating lake fee schedule for 2024. 4. Began preparing for 2024 boat permit order. 5. Researched new bear-resistant trash cans. 6. PARTF conversion for Boys Camp Road property. 7. Holiday lighting planning. 8. Planned ribbon-cutting for new Upper Boulders Trail. 9. Water fountain repair/replacement. 10. Installed new slide section for playground. 11. Equipment inventory. 12. Dittmer-Watts Nature Trails trail boss walked the trails, trimmer overgrowth, and reported issues – 1 volunteer; 5 volunteer hours. 13. Buffalo Creek Park trail boss walked the trail, cleared small trees, and reported issues (1 volunteer; 7 volunteer hours). 14. Weed Patch Mountain trail boss walked trail and reported issues – 1 volunteer; 7 volunteer hours 15. Carolina Climbers Coalition had 2 workdays to work on the new Upper Boulder’s Trail at Buffalo Creek Park (73 volunteers; 730 volunteer hours). 16. Organized a Dittmer-Watts workday on 8/24 to trim overgrowth and install Hickory Nut Gorge State Trail markers (3 volunteers; 9 volunteer hours 2). 17. Organized a Weed Patch Mountain and Buffalo Creek Park workday on 8/22 to remove fallen trees, trim overgrowth, and install Hickory Nut Gorge State Trail markers (2 volunteers; 16 volunteer hours). 18. Planned upcoming trail maintenance days and recruited volunteers to help 19. Checked Buffalo Creek Park, Dittmer-Watts Nature Trails, and Weed Patch Mountain for damage. 20. Utilized volunteers to collect water samples (5 volunteers; 30 volunteer hours). 21. Attended meetings.  Notable projects/activities updates:
  • Utilized a total of 804 volunteer hours, valued at $16,080
  • Continued selling boat permits
  • Continued working on PARTF conversion request for the Boys Camp Road property.
• 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. 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 $9,043,345.33 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 $292,963.70 for a total balance of $16,792,963.70.
  • Melissa Hand has been performing budget and management analysis in regard to various agreements with vendors and service providers to seek any cost-saving opportunities and to eliminate unnecessary expenditures. A full report and summaries will be provided to the Town Manager with recommendations and insights.
  • Preliminary FY 23 audit procedures have begun and the final report is scheduled to be completed in October/November. Due to the amount of Federal and State funding received by the Town, single audits will be part of the review process once again with the possibility of other detailed analysis.
• Communications: Communications Director Krejci continues her community outreach along with progress in all areas. There were 25 news articles published with a reach of 2020 citizens. The Town of Lake Lure has 19,936 followers on Facebook as of August 2023, representing an 8% increase (+1,419) over August 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:
  • Coordination of Cycle NC event, the Groundbreaking Ceremony, and the Workforce Housing Forum.
  • Development of the webpage on the Lake Lure Flowering Bridge History in support of the cell tower.
  • Continued expanded written communication with a 60% increase in Website Users (20,306) in August 2023 over August 2022 as well as an 8% increase in Facebook followers.
  • Completion of the Town Boards Video which we hope will be a long-standing resource to help communicate the salient responsibilities and requirements for future board members.
• 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. We also received delivery for one of the drain valves. It is with the Morgan Corporation. Highlights:
  • Reviewed the proposals received for the Lease and reuse of the Old ABC Store Property.
  • Entered into an agreement with Enterprise Fleet Management for a new leasing program for vehicles and vehicle maintenance.
  • Offered a grant from the State for an Asset Inventory Study (AIA) for the Water System.
  • Initiated the Space Needs Analysis for the Fire Department with ADA Architects.

V. Council Liaison Reports and Comments: 

• Zoning and Permitting: Commissioner Doster advised that the board is continuing to review the local regulations and definitions of restaurants and bars in the Town Code.  a

• ABC Board: Commissioner Doster advised that the auditor was at the store recently to conduct an audit.  They expect to receive a copy of the audit at their next meeting.  The store is fully staffed and sales are up.  They are planning to offer some tastings in the near future. 

• Lake Advisory Board: Commissioner DiOrio advised that the board just presented updated Lake Use Regulations to the Marine Commission and these were passed earlier today.  Some highlights include increased fishing access for non-residents in season from 9PM to 9AM and anytime on the off-season and no more fees for non-motorized vessels.  He added that the fish habitat in Lake Lure is excellent and we want to encourage fishing here.  

• Board of Adjustments: Commissioner DiOrio advised the board met and their work continues.

• Parks and Recreation: Commissioner Jim Proctor reported the activities of the Parks and Recreation Board adn advised that they had a lengthy discussion about the Lake Lure Tours proposal and they had passed a motion regarding the proposal to protect the viewshed, to expand parking and to avoid an impact to the South side of the park. He announce the Ribbon Cutting Ceremony planned for the Upper Boulder Trail on September 30 at 9:30 AM. He reported that work that is being down to resurface the pickleball and tennis courts.  He acknowledged the accomplishments of the Lake Lure Flowering Bridge and their upcoming auction and thanked them for their efforts.

• Commissioner Patrick Bryant let everyone know that there are annual rotations to all boards and noted that anyone interested in serving should complete an application.  He thanked all those who serve on the boards for their service. 

VI. Public Comment: The public is invited to speak. Mayor Pritchett reminded everyone to keep comments limited to three minutes or less. She noted that the Town Clerk had also received a number of written comments which will be made a part of the official minutes when they are posted.  The following is a high level summary of the comments. 

• Bob Mitchell from Snug Harbor Circle wittingly shared his concerns for the increased bear activity in the area.  He noted a concern with vacation rentals not taking proper care of their trash.  He acknowledged the excellent recycling center on Bills Creek Road and asked if some sort of trash facility could be located on the south side of Town. 

Note: If anyone sees trash that is not properly cared for, they may report the address to the Community Development Department at 828-625-9983 x 135 and they will follow up with the home owner.

• Alex Hefner from Boys Camp Road, spoke on the importance of preserving the Lakeside Chapel.

Note: Mayor Pritchett assured Mr. Hefner that removing the Lakeside Chapel was never a consideration by Town Council and none of the proposals received ever included relocating the Lakeside Chapel.

• John Moore from Firefly Cove, thanked Council for all they were doing.  He spoke on the importance of preserving the Lakeside Chapel and recommended not blocking the boat ramp or the police boat.  

• Helen Jones from Ridgeview Circle spoke on the importance of preserving the Lakeside Chapel.

• Barbara Searcy from Havenaers Point spoke on the importance of adding speed limit signs in neighborhoods. She also expressed thanks to Town Council for the revised Lake Use Regulations as it improved the experience on the lake.  She also requested Town Council consider identifying space for a community center.

• Tracy Cjazcoski from 139 Vance Place spoke on the importance of preserving the Lakeside Chapel and requested that the Town protect the green space in Pool Creek Picnic Park. She asked that the new lease for the ABC Store be limited to the commercial building. 

• Doug Phillips from Crystal Road in Chimney Rock, recommended that Pool Creek Park remain a park.  He also expressed concern with the speed limit and the changing limit bewtween Lake Lure and Chimney Rock.  He recommended the speed limit be the same across both Towns.  

• Deborah Warren from Yacht Island Drive reported that the Olympiad Committee recently held the 19^th Annual Olympiad Event with 107 volunteers.  She thanked everyone for their support and assistance with the 750 participants. She advised that they were already planning for the 20^th Annual Event next year.

• David Lusk from Sunset Cove Road thanked the Town for resurfacing Sunset Cove Road and for all the work that had been done to address the ditches, adding rip rap and gravel, etc.  

• Susan Heafner from Boys Camp provided a humorous account of the importance of maintaining the Lakeside Chapel.  

• Sonny Clark from Seawish Way stated the need to support local restaurants when considering proposals for the ABC Strore.  He also expressed support for maintaining Pool Creek Picnic Park.  She also thanked the Town for resurfacing pickle ball courts.

• Deborah Gardner from Firefly Cove noted that she thought all Town contracts be placed on the website.  She recently obtained a copy of one of the contracts and said that she had many concerns about it.  She had additional recommendations regarding policy standards for Town Contracts, off-season beach access after Labor Day, and the cost of gas at the Marina. 

Note: Town contracts are not on the website but copies may be obtained through a records request through the Town Clerk at ostewman@townoflakelure.com.

• Richard Green from Quail Cove stated his support for maintaining the Lakeside Chapel and Pool Creek Picnic Park.  He also stated that he thought the Town needed to support local restaurants rather than bringing in food trucks.   

VII. Consent Agenda: The following items in the Consent Agenda were approved.

A. Approval of Minutes: the August 8, 2023 Regular Town Council Meeting Minutes, the August 16, 2023 Town Council Work Session Meeting Minutes, and the September 6, 2023 Special Town Council Meeting Minutes

B. Approval of Suspension and Waiver Requests:  for the Hickory Nut Gorge Outreach Fall Arts and Crafts Festival Taking Place October 21, 2023 through October 22, 2023 The Hickory Nut Gorge Outreach Fall Arts and Crafts Festival will take place October 21, 2023 through October 22, 2023. The Hickory Nut Gorge Outreach has requests suspension of Chapter 8 Article II: “Peddlers” of the Code of Ordinances, wavier of the Noise Ordinance, Chapter 20 Article II, and approval of partial road closure for Bottomless Pools Road between Memorial highway and Arcade Street.

C. Approval of Requests for the Lake Lure Community Independence Celebration with Fireworks on July 6, 2024:  Lake Lure Tours will to host the Lake Lure Community Independence Celebration, with fireworks, on July 6, 2024. Lake Lure Tours has requested a waiver of the Noise Ordinance, Chapter 20 Article II, and approval of partial road closure for Bottomless Pools Road between Memorial highway and Arcade Street.

VIII. Unfinished Business: There was no unfinished business.

IX. New Business

A. Hearing: Request to Appeal NOV 2023033 and Citations Issued by the Community Development Department in Relation to 121 Anglers Way: 

• Property owners of 121 Anglers Way were issued three Notices of Violation (NOV) and citations by the Community Development Department.
• The NOVs are in relation to soil and erosion control violations that had taken place in the midst of rebuilding a residential structure.
• The Property Owners have submitted a written request for Town Council to hold a hearing to appeal the citations associated with NOV 2023033.
• The Code of Ordinances require that a hearing on a civil penalty shall be conducted by the town council within 31 days after the date of the written demand for the hearing.
• The decision of Council shall be final.
• There was a lengthy presentation by the property owner and a discussion with Town Council. 
• Town Council asked the property owners to get into compliance and then their request could be considered.

B. Ordinance No. 23-09-12 Chapter 30 (“Traffic and Vehicles”) Article III (“Parking Violations: Enforcement”) Section 30-57 (“Stopping, Standing, or Parking Prohibited in Specified Places”) Section 30-62 (“Parking and Use of Electric Vehicle Charging Stations”) and Section 30-63 (“Penalties”) of the Town of Lake Lure Code of Ordinances: 

• Town staff has experienced issues related to vehicles parking in spaces designated for vehicles with trailers only.
• On the signage detailing such designation, it is noted that all other vehicles will be towed.
• The Code of Ordinances do not allow staff to write citations or have vehicles towed to enforce this issue. Parks, Recreation, and Trails Coordinator Dana Bradley submitted a request to amend the Code of Ordinances to address boat trailer parking and has provided recommended language to be incorporated into Section 30 of the Code of Ordinances.
• Town Council reviewed and discussed the proposed ordinance during the August 16th work session meeting.
• Town Council voted to adopt Ordinance No. 23-09-12 Chapter 30 (“Traffic and Vehicles”) Article III (“Parking Violations: Enforcement”) Section 30-57 (“Stopping, Standing, or Parking Prohibited in Specified Places”) Section 30-62 (“Parking and Use of Electric Vehicle Charging Stations”) and Section 30-63 (“Penalties”) of the Town of Lake Lure Code of Ordinances.

C. Consider Approval of Advanced Data Network Solutions (ADNS) Updated Agreement: 

• Advanced Data Network Solutions (ADNS) proposed an updated Managed IT Service Agreement.
• The main recommended changes per ADNS include a security add-on and cloud email archiving.
• All proposed terms and conditions can be found in the attached proposal from ADNS.
• Town Council approved the updated agreement.

D. Resolution No. 23-09-12A Appointing Hank Perkins as Deputy Finance Officer: 

• Finance Director Stephen Ford has requested that Town Council appoint Town Manager Hank Perkins as Deputy Finance Officer.
• The purpose of the Deputy Finance Officer is to allow for actions statutorily assigned to the appointed Finance Officer to be taken during the Finance Officer’s absence.
• Resolution No. 23-09-12A appoints Hank Perkins as Deputy Finance Officer.
• Town Council approved the resolution. 

E. Update regarding Lake Lure Tours Proposal for the Lease of the Former ABC Store Property: 

• Following recent deliberations by both Town Council and the Parks and Recreation Board regarding Lake Lure Tours’ proposal for the lease of the former ABC Store property, Lake Lure Tours has rescinded their most current proposal.
• At this time, Town Council will continue to accept and review proposals for the lease of the property.

X. Adjournment