Town Council Regular Meeting Summary - April 9, 2024

The Lake Lure Town Council held a regular meeting on Tuesday, April 9, 2024 at 5:00 PM.  The meeting was held at the Lake Lure Municipal Center (Town Hall), 2948 Memorial Highway, Lake Lure, NC 28746.

The following is a summary of the meeting for those who could not attend.  Note that these are not formal minutes, which will be included in the following month's meeting packet.  You may download the meeting packet for additional information.

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

A. Pledge of Allegiance and Invocation: Town Council led the Pledge of Allegiance and Commissioner Patrick Bryant led the Invocation. 

II. Agenda Adoption: The meeting agenda was adopted as written. 

III. Mayor's Communications:  Mayor Pritchett thanked all of the individuals in attendance for coming to the meeting. She welcomed Olivia Stewman as the new Town Manager and thanked her for her service.  She noted that she has been in Lake Lure for almost three years and she has previously served as Interim Town Manager.

IV. Town Manager's Communications
A. Monthly Report: Ms. Stewman thanked everyone in the community, as well as the staff for their support.  She said that she was grateful to be in the position and she hoped to move the town forward.  She summarized highlights from his Manager’s Report for March and advised that the full report was included in the meeting packet. 

• The Police Department held an Educational Session for Officers.  She thanks Officer Tyler Dills for leading the session. 
• The budget session is underway. A work session will be held on 4/24/24 to review the draft budget with Town Council.  Another work session will be held with Town Council to review the budget before it is adopted. 
• The Town was awarded a $380,000 FEMA grant for the field Investigation work related to the replacement dam.  She thanked Laura Krejci for her oversight of the grant process. 
• A Board Member Luncheon was held to show support and provide education on what is expected from Board Members.  The luncheon was well attended and she thanked Ms. Krejci for coordinating this event.
• The lease for the property at 2654 Memorial Highway is in final review and will be presented at the 4/24/24 Town Council Work Session. 
• The new cell tower is now awaiting one more final permit and is set to be in place by July 2024.
• The Lake is coming back up and lake levels are posted daily.
• Ms. Steman thanked the staff for all they do to keep the Town fully operational. 

B. Review Actions Taken at March Work Session and Action Meetings:   The following is a list of the actions taken at the March Work Session and Action Meetings.

• Approval of Schnabel Work Order #9A and 9B for the purpose of Field Investigation Services for replacement of Lake Lure Dam, which is being partially funded by a supplemental FEMA grant
• Adoption of Ordinance No. 24-03-27 Amending the Capital Project Ordinance for the Lake Lure Dam Reservoir Drain and Approving Budget Amendment# 370
• Adoption of requirement for navigation safety and lake conformance review by the Lake Advisory Board and the Community Development Department in advance of the non-conforming structures at 00 Tryon Bay Circle
• Approval of the Suspension of Chapter 8 Article II: “Peddlers” of the Code of Ordinances; Waiver of the Noise Regulation, Chapter 20 Article II; and approval for partial road closure for the Hickory Nut Gorge (HNG) Outreach 2024 Spring Lake Lure Arts and Crafts Festival scheduled for May 11-12, 2024 in front of the Arcade Building
• Approval of the waiver of noise ordinance, waiver of requirement for daily boat permits, suspension of alcohol ordinance, suspension of peddling ordinance, closure of public parking along the Beach from Pool Creek to the Water Park 5/17-5/18, allowance of vehicles and boat trailers on the beach for display, and allowance of temporary signage on the street at the event site for the auto show for the 2024 Lake Lure Spring Classic Boat and Auto Show
• Approval of waiver of the noise regulation and suspension of the peddling ordinance for the Lake Lure Farmer’s Market scheduled for Fridays starting 5/3/24 through 10/25/24
• Approval of the waiver fees for use of Town facilities, waiver of noise regulations, suspension of campgrounds and camping ordinances, suspension of peddling ordinances, and suspension of alcohol ordinances for the 2025 Cycle NC Event starting 10/4/25 through 10/5/25

V. Public Hearing: 

A. Ordinance No. 24-04-09 Amending Zoning Ordinances Section 36-64 (5)

i. Staff Report: Community Development Director Michael Williams explained that currently, the Zoning Ordinances deem that a Commercial General lot that abuts upon property used for residential purposes must provide a buffer strip as defined within the ordinances. The Zoning and Planning Board has recommended that it would be more appropriate to determine buffer requirements for Commercial General lots abutting upon property using zoned for residential, rather than used for residential. Ordinance No. 24-04-09 amends Sec. 36-64 (5) to reflect the recommendation of the Zoning and Planning Board.  

ii. Public Hearing: Commissioner Proctor made a motion to open the public hearing. Commissioner Doster seconded and the motion carried 4-0.

There were no comments from the public

iii. Council Deliberation: There was a brief discussion and Council members expressed support for the proposed changes.

iv. Consideration of Adoption of Ordinance No. 24-04-09: Commissioner Doster made a motion to adopt the Ordinance, Commissioner DiOrio seconded the motion and all voted in favor. Ordinance No. 24-04-09 was adopted as follows:

ORDINANCE NUMBER 24-04-09 AN ORDINANCE AMENDING ZONING ORDINANCES SECTION 36-64 (5)

WHEREAS, the Town of Lake Lure establishes zoning regulations for the Commercial General District; and

WHEREAS, the Zoning Ordinances currently deem that a Commercial General lot that abuts upon property used for residential purposes must provide a buffer strip as defined within the ordinances; and

WHEREAS, the Zoning and Planning Board has recommended that it would be more appropriate to determine buffer requirements for Commercial General lots abutting upon property using zoned for residential, rather than used for residential.

NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKE LURE, NORTH CAROLINA, MEETING IN REGULAR SESSION AND WITH A MAJORITY OF TOWN COUNCIL VOTING IN THE AFFIRMATIVE.

[ADDITIONS TO TEXT ARE UNDERLINED; DELETIONS ARE STRUCK THROUGH]

SECTION ONE. Zoning Ordinances Section 36-46 (“CG Commercial General District”), Subsection (f) (“Front, Rear, and Side Yard Requirements”), subsubsection (5) is hereby amended as follows:

(5) Where the lot abuts upon property used zoned for residential purposes, a buffer strip shall be provided along the side and/or rear lot line of such abutting residential use zone. If a fence or wall is used, such fence or wall shall be opaque and not less than eight feet in height. If a planted buffer is used, such buffer strip shall be not less than eight feet in width and shall be composed of evergreen trees or shrubs which at planting will be at least four feet high and at maturity will be not less than eight feet high. This requirement may be modified by the board of adjustment where sufficient natural buffering exists.

SECTION TWO. All provisions of any Town Ordinance inconsistent with the language herein adopted are hereby repealed.

SECTION THREE. The Town of Lake Lure Town Council deems Ordinance No. 24-04-09 to be consistent with the Lake Lure comprehensive plan because it enhances and clarifies land use and zoning regulations.

SECTION FOUR. The Town of Lake Lure Town Council deems Ordinance No. 24-04-09 to be reasonable and in the public interest because it requires that the buffer be established in conjunction with commencement of the commercial use.

SECTION FIVE. This Ordinance and the rules, regulations, provisions, requirements, orders, and matters established and adopted hereby shall take effect and be in full force and effect immediately from after the date of its final passage and adoption.

B. Ordinance No. 24-04-09A Amending Code of Ordinances Chapter 6 (“Buildings and Building Regulations”), Article III (“Lake Structures”)

i. Staff Report: Community Development Director Mike Williams stated that the Lake Structure Ordinances do not address accessory storage closets and it has been deemed necessary to define and regulate accessory storage closets. He advised that Ordinance No. 24-04-09A amends the Lake Structure Ordinances to define accessory storage closed and to provide regulatory guidance on such structures. 

ii. Public Hearing: Commissioner Proctor made a motion to open the public hearing. Commissioner Doster seconded and the motion carried 4-0.

There were no comments from the public

iii. Council Deliberation: Council members expressed support for the proposed changes.

iv. Consideration of Adoption of Ordinance No. 24-04-09A: Commissioner Doster made a motion to adopt, Commissioner DiOrio seconded and all voted in favor. Ordinance No. 24-04-09A was adopted as follows:

ORDINANCE NUMBER 24-04-09A

AN ORDINANCE AMENDING CODE OF ORDINANCES CHAPTER 6 (“BUILDINGS AND BUILDING REGULATIONS”), ARTICLE III (“LAKE STRUCTURES”)

WHEREAS, the Town of Lake Lure establishes regulations for the lake structures; and

WHEREAS, the Lake Structures ordinances do not address accessory storage closets; and

WHEREAS, it has been deemed necessary to define and regulate accessory storage closets within the Lake Structures ordinances; and WHEREAS, the Zoning and Planning Board has provided a recommendation to incorporate the definition and regulation of accessory storage closets to the Lake Structures ordinances.

NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKE LURE, NORTH CAROLINA, MEETING IN REGULAR SESSION AND WITH A MAJORITY OF TOWN COUNCIL VOTING IN THE AFFIRMATIVE.

[ADDITIONS TO TEXT ARE UNDERLINED; DELETIONS ARE STRUCK THROUGH]

SECTION ONE. The following definition is hereby added to Code of Ordinances Chapter 6 (“Buildings and Building Regulations”), Article III (“Lake Structures”), Section 6-48 (“Definitions”):

Accessory storage closet means an exterior located, enclosed space on a dock, pier, or covered boat slip, used for permanent or temporary storage

SECTION TWO. A new subsection 8 to Code of Ordinances Chapter 6 (“Buildings and Building Regulations”), Article III (“Lake Structures”), Section 6-51 (“Design and Construction Standards”), is hereby added as follows:

Accessory storage closets shall not exceed 50% of the area of a dock, pier, or covered boat slip or 144 square feet, whichever is less; shall have no utilities other than electrical that is inspected and approved by the county building inspector, shall not be rooftop located and shall not be used as living space.

SECTION THREE. The existing subsection 8 shall become subsection 9 and the remaining subsections within Section 6-51 shall be renumbered accordingly.

SECTION FOUR. All provisions of any Town Ordinance inconsistent with the language herein adopted are hereby repealed.

SECTION FIVE. The Town of Lake Lure Town Council deems Ordinance No. 24-04-09A to be consistent with the Lake Lure comprehensive plan because it enhances and clarifies land use and lake structure regulations.

SECTION SIX. The Town of Lake Lure Town Council deems Ordinance No. 24-04-09A to be reasonable and in the public interest because it addresses a need that is demonstrated by recurring requests from citizens and provides for the safe storage of personal property.

SECTION SEVEN. This Ordinance and the rules, regulations, provisions, requirements, orders, and matters established and adopted hereby shall take effect and be in full force and effect immediately from after the date of its final passage and adoption.

VI. Council Liaison Reports and Comments

• ABC Board: Commissioner Doster reported that the store is starting to get busier. They plan to have two tastings per month.  The store is fully staffed.  
• Zoning and Planning Board: Commissioner Doster advised that the Board met on 3/19/24 and held a meeting with local contractors to discuss and work through issues.   There were about 30 contractors in attendance and he said it was a successful meeting.  He advised that recommendations were made and are being considered.  He added that Randy Nelson was voted in as Chair with Charlie Ellis as Vice Chair. 
• Board of Adjustments: Commissioner DiOrio advised that elections were conducted and Greg Gardner was elected as Board Chair with Neil Gurney as Vice Chair.  One issue that has come up is the sewer moratorium. In these situations, a conditional variance is provided. 
• Lake Advisory Board (LAB): Commissioner DiOrio reported that LAB met and they are working on a review of all buoy locations. He advised that the Town had upwards of 100 buoys. He explained that the primary reason for a buoy is to provide a buffer for swimmers and non-motorized boats. He said they were also looking at the issues in Tryon Bay as a new lake structure is being added and there were questions about the impact of passage under the bridge by Memorial Highway. He said that the Tryon Bay residents are concerned and they are planning to study and assess this. 
• Parks and Recreation Board: A meeting was held a meeting the first week in April. 

VII. Presentations

A. Town of Lake Lure Arbor Day Celebration: Development and Environmental Review Specialist Richard Carpenter presented an overview of the 2024 Town of Lake Lure Arbor Day Celebration. The event is set to take place on April 26th at 11:00 a.m. at Morse Park.  He advised that the Town has purchased several trees for planting near the river in Morse Park.  A program has been planned with the children from Lake Lure Classical Academy and others participating.  Commissioner Proctor added that the grandfather of one of our local residents was the founder of Arbor Day.  The Mayor encouraged everyone to come out and join the program.  

VIII. Public Comment: 

The public was invited to speak. Mayor Pritchett reminded the audience that they should keep their comments limited to three minutes or less. She also explained that this meeting was not a forum with a back-and-forth dialogue but Town Council would listen to each of the statements and then follow up will take place as needed through Town Staff.  She reminded people that they could also submit comments in writing to the Town Clerk, ostewman@townoflakelure.com, at least one hour prior to the meeting and they would be included in the minutes. 

1. Jayne Mann 168 Firefly Cove: Ms. Mann reported that she had been in Lake Lure for 24 years and she loves it here. She stated that her remarks were being made on behalf of herself and Tim Shellenberger who could not be present.  She did not have any idea that she would experience the problems she has seen with the need for dredging.  She expressed her concern that dredging had not taken place and asked that this matter be made a higher priority for Town Council and Town Staff. She expressed her concern for boater safety as well as decreased property values that could result from a lack of dredging.  She asked that additional resources be sought to help address the matter and offered to write letters to our representatives to seek additional funding,

2. Debra Gardner. 137 Firefly Cove Ms. Gardner expressed congratulations to Ms. Stewman on her promotion. She expressed concern that recent Town Council Meeting Summaries did not include any notations regarding dredging.  She referenced a previous meeting when a consultant made recommendations regarding dredging.  She stated her recommendation that Town Council either follow the recommendations of the consultants or stop hiring them. She expressed her concern that there seemed to be no plan for dredging and asked Town Council to make this a priority with specific goals. She asked who was responsible for dredging and who was overseeing it.  She asked that the plan be communicated. 

3.  Greg Gardner: 136 Firefly Cove. Mr. Gardner thanked Town Council for the opportunity to speak and noted that some of his comments might be redundant. He relayed the experience he and his wife had finding their property in Lake Lure and deciding to build a home here in 2019-2020. They added a dock for their boat and he shared photos to Town Council illustrating the increase in the silt over these years.  He expressed his concern and wishes for Town Council to expand dredging.  He noted that failure to act will negatively impact tourist, retirees, and young families. 

4. Karen Donovan, 136 Firefly Cove. Ms. Donavan stated that she was a full-time resident in Lake Lure.  She shared that a long-term plan was needed to address this issue.  She asked that something be done to ensure dredging took place during the next drawdown. She shared that last year she watched several boats get stuck in the sand barge. She asked that Town Council take this problem seriously and do something about it.. 

5. Melva Dye, 256 Firefly Cove: Ms. Dye shared her thoughts on the beauty of Lake Lure.  She noted that Lake Lure is known as the Gem of the Carolinas.  She stated that the views are scenic but pointed out that if we did not place a high importance on dredging, we would not be able to maintain the lake.   She expressed her dissatisfaction with the fact that no dredging has taking place and noted the amount of silt in Firefly Cove was disconcerting. She stated that it was imperative that immediate action be taken to protect the Lake.

6. Pat Buede, 153 Memorial Highway.  Ms. Buede stated that there seems to be a big communication gap.  She said that a summary of all Town Council Meetings are placed on the website and  a summary of these is emailed to all who want it at the end of the month.  She said that a previous Town Manager used to send a newsletter around and perhaps a summary of the major issues could be sent every month or every other month. 

7. Bee Jones, 146 Yacht Islands: Ms. Jones commented on the importance of buoys and said that people who live on the lake take a beating.  She mentioned that she lived on the point and there is no buoy and people often fly by.  She asked that the buoys be assessed as she felt that boats were coming too close to her property.   

8.  Al Joyner, 160 Chapel Point: Mr. Joyner noted that as he listened to the issues related to dredging, it would be easy to assume the dredging issue is coming from Firefly Cove.  He referenced a study that was done by Tim Shellenberger and it showed the issues.  He stated that he understood those in Firefly Cove being concerned about the need for dredging but pointed out that the issue was beyond Firefly Cove. He noted that people all around the Lake were concerned about this issue.   

There was a general discussion regarding dredging and Commissioner DiOrio stated that Town Council was working on this matter.  Mayor Pritchett thanked everyone for taking the time to share their thoughts and concerns.  She stated that dredging was of the utmost importance to Town Council and was a top priority. She noted that we will always have to dredge.  She added that the Town is working with the Policy Group and they are always looking for funding for us with Legislators. She said that updates will be provided by the Town Manager. She asked Ms. Steman to give an overview of the funding the Town has spent on dredging.

Ms. Stewman and Finance Director Steve Ford summarized the funding stating that the Town had been appropriating approximately $100,000 for dredging for several years and then began applying for the NC Division of Water Dredging Grant. The last grant was received in 2023 and it was for $750,000. and required a 25% match.  The total dredging budget was $1,000,000 in 2023.  Approximately $225,000 was spent in 2023 when dredging stopped.  The Town received permission to carry over the funding into 2024.  Ms. Steman stated that she was well aware of the many dredging issues and confirmed that it was a priority for her. She stated that she will be working with staff to develop a short-term and long-term dredging plan.  She plans to speak with regulators to confirm where we are and to discuss our plan.  She confirmed that we will be sure everyone is better informed on the dredging plan once it is confirmed. 

Mayor Pritchett thanked everyone for their comments.  

IX. Consent Agenda

Mayor Pritchett presented the Consent Agenda items and asked if any items should be removed before calling for action. Commissioner Proctor made a motion to approve the Consent Agenda, as presented. Commissioner Doster seconded. The Consent Agenda incorporating the following items was unanimously approved and adopted.

A. Approval of Minutes: Approval of the March 12, 2024 Regular Town Council Meeting, the March 21, 2024 Special Town Council Meeting, the March 25, 2024 Special Town Council Meeting, and the March 27, 2024 Town Council Work Session and Action Meeting Minutes

X. Unfinished Business: There was no unfinished business to discuss.

XI. New Business

A. Consider Approval of LaBella Task 20 for the Water System Asset Inventory & Assessment (AIA): The Town has been awarded a $150,000 grant under the NCDEQ Department of Water Infrastructure (DWI) Asset Inventory and Assessment (AIA) Program for Water Systems. This funding is specifically for the purpose of data collection and evaluation of water system assets. LaBella Associates has submitted a proposed Task 20 to complete tasks associates with the Water System AIA including consolidation of all available data and performance of field investigations to develop a complete inventory of available assets. These tasks will be completed through data collection and consolidation, field investigation, distribution system modeling, and preparation of a draft report. The total proposed cost for Task 20 would be $150,000, which would be funded entirely by the AIA grant.

Commissioner Doster made a motion to approve LaBella Associates Task 20 for the Water System Asset Inventory & Assessment (AIA). Commissioner DiOrio seconded and all voted in favor.  

B. Approval of Finance Administrative Support Specialist Position Description: Town Council previously approved an Accounting Clerk I position to assist the Finance Director with technical and paraprofessional accounting functions. This position recently became vacant and the staffing needs of the finance department were discussed upon the position’s vacancy. It has been determined that the finance department desires more of an administrative and clerical focus to support the Finance Director. As a result, the Finance Administrative Support Specialist job description was drafted. This position would fall under salary grade 18.

Commissioner DiOrio made a motion to approve the Finance Administrative Support Specialist Position Description. Commissioner Proctor seconded and all voted in favor.  

C. Approval of the Town Manager’s Contract: Olivia Stewman was appointed as Town Manager on Wednesday, April 3rd. A final draft of the contract was forwarded by Town Attorney William Morgan. 

Commissioner Proctor made a motion to approve the Town Manager Contract. Commissioner Doster seconded and all voted in favor.  

D. Resolution No. 24-04-09 Appointing Olivia Stewman as Deputy Finance Officer: The former Town Manager was previously appointed as the Deputy Finance Officer for the Town. Finance Director Stephen Ford has requested that Town Council appoint the succeeding Town Manager, Olivia Stewman, as Deputy Finance Officer. The purpose of the Deputy Finance Officer is to allow for actions statutorily assigned to the Finance Officer to be taken during the Finance Officer’s absence.

Commissioner Doster made a motion to approve Town Manager, Olivia Stewman, as Deputy Finance Officer with a corrected date. Commissioner DiOrio seconded and all voted in favor.  

XII. Adjournment