Special Town Council Meeting Summary - Wednesday, May 25, 2022

Town Council Meeting Summary

The Lake Lure Town Council held a Special Town Council Meeting on Tuesday, May 25, 2022 at 5:00 p.m. in Municipal Hall located at 2948 Memorial Highway, Lake Lure, North Carolina 28746.  There were 16 in attendance for the meeting. If you were unable to attend the meeting, you may review the following summary of the meeting.  The formal minutes from this meeting will be included in next month's Regular Town Council meeting packet.

I. Call to Order: Mayor Pritchett called the meeting to order at 8:30 AM.

II. Agenda Adoption: One agenda item (#4) was added to the meeting agenda.

III. Equinox Environmental Presentation - Stream Restoration: Danvey Walsh, Environmental Scientist for Equinox Environmental, gave a presentation on stream restoration. Equinox is consulting, planning, and design firm that focuses on conservation, sustainability, and environmentally responsible land development. Equinox reached out to the Town of Lake Lure for the purpose of proposing to restore the town-owned stream
located on the green space property across from the Fire Station.

Mr. Walsh explained that Equinox will work with the NC Department of Environmental Quality's Stewardship Program Office and/or federal entities to obtain funding to restore the stream, at no cost to the Town. The restoration would create a positive environmental impact and diminish the amount of sediment from the stream that ends up in the Lake. The Town’s obligation is to ensure that the stream and adjacent land is preserved. The area would be planted heavily with local vegetation and the natural habitat would be enhanced significantly. Step 1 Develop a design. Step 2 Approval of the design. Step 3 Submission to the Stewardship Program.

What is stream & wetlands mitigation? The Clean Water Act of 1972 requires that governments and companies that create unavoidable impacts to streams and wetlands during construction restore similar ecosystems or streams within the impacted watershed.

What does that mean? It means that if a stream is impacted by construction in one location, then a stream needs to be fixed somewhere else within the same watershed. The entity that does the construction (e.g. a residential developer, a corporation, or a governmental body) is required to pay money into a fund. Those funds are then distributed to restoration companies like EW Solutions, who identify willing landowners with suitable property in those same watersheds. EW Solutions then restores streams or wetlands on those landowners’ properties at no cost to the
landowners -- and also compensates the landowner with a cash payment.

Eligible areas can include streams that have been straightened or otherwise impaired, as well as wetlands that have been dredged, ditched, or filled.

What are the benefits to landowners? This is one reason we love these projects — they truly represent a win-win for everyone. Restored watersheds mean healthier habitats for wildlife, better functioning farms, and cleaner drinking water for the region.

Here are the top 5 benefits our participating landowners enjoy:
1) Financial compensation: The entire restoration project is completed at no cost to the Town and, in addition, the Town receives a lump sum payment for the purchase of an easement on the area. (Mr. Walsh estimated that Lake Lure's payment for this project would be approximately $200,000. The compensation varies by project, but fees are generally paid on a per-acre basis and apply to 30-50 feet on either side of the stream.

2) Improved natural habitat: Restored streams make healthier habitats for fish, game, and other wildlife. As a participating landowner, the Town would retain all rights for passive recreation including hunting, fishing, and hiking. We can also plant certain species that attract specific wildlife (e.g. pollinators, etc.) based on the Town's preferences.

3) Beautified property: In the design and implementation of restoration projects, they take the landowners’ aesthetic preferences into consideration wherever possible. Their mission is to create ecological systems that work well, but also look good.

4) Improved farm operations: If the land is a working farm, their restoration work can include improvements like fencing, water tanks or wells for livestock, and/or stream crossings — all at no cost to the Town. They also take great care to balance the farm’s functional needs with any ecological precautions, such as placing feeding facilities away from a stream or installing systems for stormwater management. In short, they want to leave you with a better farming operation, and they pay for everything.

5) Better quality of life for landowner and others: Since water runs downhill, everything that happens on the Town's land has effects elsewhere. Restored streams and watersheds mean cleaner drinking water, healthier wildlife habitat, and better recreational opportunities for the Town's neighbors in other parts of your county, state, and region.

Green Space Maintenance:  There was a discussion regarding the current maintenance plan for the Lake Lure Green Space.  Parks, Recreation, and Lake Director Dean Givens provided an overview of what was currently being maintained in this area. Town Council asked that the Parks and Recreation Board assess what is being done and make recommendations regarding further maintenance with community input. 

IV. Lake Drawdown: There was a discussion regarding the projects that need to be accomplished during the upcoming Lake drawdown.  A drawdown of 12 feet in January and February would allow the Town to maximize the projects while keeping the Lake at full-pond for the remainder of the year.  The Town plans to lay pipe during the drawdown and to perform emergency repair work for the sewer system.  This would require about 2 months of work per Public Services Director Dean Lindsey.  Property owners also need time for their seawall repairs and restoration. Town Council and Staff will consider the projects that need to be completed, the drawdown level, and the timeline. The plan is to finalize these decisions at the 6/14/22 Regular Town Council Meeting. Town Council will recommend that property owners take action to maintain and restore their property during the drawdown period. 

V. Budget Discussions: The budget discussions was a follow-up to conversations that took place at the May 9, 2022 Special Budget Meeting. Specific items of discussion were related to public safety salaries based on a pay comparison with surrounding towns. Additional budgetary issues were discussed.

V. Personnel Policies: There was a review of the Town’s take-home vehicle policy and comp time policy.  There was a general discussion and a recommendation for the new Town Manager to review these policies and make recommendations.

VI. Communications Plan for the Sewer Replacement Project:  Commissioner Doster thanked UAB and Laura Krejci for their work on the Sewer System Replacement Communication Plan that has been developed and was included in the meeting packet. The plan is to send this package out in  January 2023. LaBella Associates, the Town's Sewer System engineering firm has identified where all laterals will go for each property. Once the communication package has been mailed out, the plan is to hold a series of neighborhood meetings to review the plans and answer questions from property owners. 

The communication package will be placed on website for everyone's awareness but Phase One property owners will be mailed a copy of the package directly in January 2023.

VII. Utility Advisory Board Discussion: Commissioner Doster advised that the plan is to bring in a new Town Manager and a Project Manager to oversee the infrastructure projects. He advised that these individuals, along with the engineering firms, will be overseeing these projects.  Given this new oversight and the pace of the day-to-day changes that are anticipated in the coming year, there is little for the UAB to focus on in the foreseeable future. The UAB will remain in effect for now but their meetings may not be scheduled unless their input is required.

VIII. Ordinance Amendments per Senate Bill 300: Town Attorney William Morgan presented the North Carolina General Assembly recently enacted Senate Bill 300 which removes the current presumption that all local ordinances may be enforced criminally (G.S.160A-175).  This Bill states that ordinances may be enforced criminally as provided in G.S. 14-4 "only if the city specifies such in the ordinance.” SB 300 includes a list of statutory sections in which cities cannot adopt ordinances with criminal enforcement and that list of topic areas are as follows: planning and regulation of development; stream clearing programs; regulating businesses and trades; outdoor advertising; solar collectors; cisterns and rain barrels; taxis; setback lines; curb cut regulations and ordinances regulating trees. In order for the Town to comply with SB 300, various amendments to the Town of Lake Lure Code of Ordinances are required. Attorney Morgan drafted an ordinance covering all necessary amendments. There was a detailed discussion on this subject with recommendations.  Attorney morgan will incorporate the recommendations and present an updated draft for review. 

IX. ABC Discussion: There was a brief discussion regarding the ABC Board and store operations.

X. Adjournment: The meeting adjourned at approximately 10:35 AM.