Town Council Regular Meeting Summary - June 11, 2024

The Lake Lure Town Council held a Regular Meeting on Tuesday, June 11, 2024 at 5:00 PM.

The meeting was held at the Lake Lure Municipal Center (Town Hall), located at 2948 Memorial Highway, Lake Lure, NC 28746.
The public was invited to attend.
There were 45 people in attendance.
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.

Updates

The new Town Clerk is Mrs. Elba Willette.
There are two College Interns from Appalachian State: Mr. Trey Blackwood an Administrative Intern, and Ms. Meghann Pitts a Community Development Intern.

New Staff and Interns

Actions Taken at May’s Town Council Work Session and Action Meeting

Approval of Parks, Recreation, and Lake Coordinator Position
Authorization Condemn and Order the Removal of the Seawall and Boathouse within the Timeframe Specified in the Ordinance, and to Stabilize the Shoreline after Removal of the Seawall
Appointment of Town Clerk Elba Willette
Approval of Conceptual Site Plan for the Workforce Housing Site Plan

Council Liaison Reports and Comments

ABC Board: The Board met 5/20 and everything is running smoothly. The financials will be reviewed at the next meeting. The store had a $17,000 day last week.

Board of Adjustments/Lake Structure Appeals Board: The Boards met and there was nothing new to report at this time.

Lake Advisory Board (LAB): The Board has been working on the Buoy Plan and recommended a change from 97 buoys down to 62 buoys with some new strategic placements. The Buoy Plan was presented to the Marine Commission 6/11/24 and passed. The buoys will be relocated in the coming days.
- It was noted that a new industrial ramp has been built in Morse Park to support the reservoir drain project. The Board is considering that this may be a second non-motorized ramp at a future date once the project is complete.
- Additionally, the Board is working with the Lake Lure Police Department to track the activity on the Lake related to non-motorized boats. They are monitoring the number of non-motorized boats on the lake with the change in the permitting for such. They are closely monitoring the Marina area and watching the traffic.

Parks and Recreation Board: It was noted that a complaint had been made about the playground equipment in Morse Park and this had been addressed.
- A recommendation was made to replace the signs that say “Lake Lure Incorporated 1927 and this will be done.
- There were 114 volunteer hours, not including the hours from the Flowering Bridge and the Carolina Climbers Coalition.
- The Flowering Bridge just held their Ground Breaking Ceremony for the new Education Center and they have installed new Fairy Gardens that are a must see.
- The Board will be making recommendations for updating the Comprehensive to include all the progress that has been made with our Lake Lure Parks and Trails.

Zoning and Planning Board: The Board met on 5/21 and reviewed a new subdivision plan near Ridge Road. The Board is also considering identifying historical sections of town to designate historically significant areas.

Lake Lure Steering Committee: The committee will meet on 6/27/24 at 10:00. This committee meets to make recommendations on the best ways to utilize the Rutherford County Tourism funds. The Chair of the Parks and Recreation Board also chairs this committee.

Public Comment

1. Ms. Debra Warren gave a summary of the Lake Lure Olympiad’s Lure of the Lake Swim Event which was held on 6/8/24. She advised that there were 158 registrants from 12 different states including Alaska. She thanked the Lake Lure Police and Fire Department for their support, as well as the Kayak crew that ensured the safety of the swimmers and helped them know where to swim during the race. She advised that the Lake Lure Olympiad will be 8/9-11/24.

2. Mrs. Wendy Farland spoke regarding her concerns regarding the placement of the new cell tower and shared rendering that she had created to illustrate how the tower will impact the view of the Gorge. She shared the photos of the renderings and spoke passionately about her concern regarding the impact the cell tower will have on the viewscape. She expressed her hope that the cell tower could be relocated to another location.

3. Mrs. Kimberly Sayles spoke on behalf of the Chamber of Hickory Nut Gorge. She advised that they had a tourism committee who was working to create a Vintage Vibes event to put a spotlight on Lake Lure’s heritage featuring many of the things that have happened in the community. The event will be September 7, 2024. One event they hope to replicate is the lift from Dirty Dancing. They hope to hold this contest at the Lake Lure Beach. She stated that this event is planned as a locals celebration as it will occur after the major holiday.

Consent Agenda

The following items were approved.

May 14, 2024 Regular Town Council Meeting
May 22, 2024 Town Council Work Session and Action Meeting Minutes

Public Hearing

A. Public Hearing - Proposed Fiscal Year 2024-2025 Budget

There was a public hearing on the proposed Fiscal Year 2024-2025 Budget. There were no comments.
The proposed budget has been reviewed in a series of meetings over the course of the past couple of months.
There was a brief discussion

Ordinance No. 24-06-11 Adopting Fiscal Year 2024-2025 Budget was passed.

2024-2025 Budget Ordinance

B. Public Hearing - Ordinance No. 24-06-11A Amending Code of Ordinances Chapter 4 (“Animals”):

There was a public hearing on Ordinance No. 24-06-11A Amending Code of Ordinances Chapter 4 (“Animals”).
This ordinance involves a text amendment to establish an allowance for a public school to keep certain livestock for educational purposes with specific approval from town council.
The amendment would require the following changes to Chapter 4 of the Code of Ordinances: a modification of Section 4-3(a,d,e) and add 4-3(f) specifically allowing the keeping of goats and/or chickens outside of a 200 foot buffer from a residence, church, store or other place of business.
There was a brief discussion to clarify that the ordinance was only for goats at the school.
Dr. Kate Sloss, Lake Lure Classical Academy Board Director spoke to advise that the school could not use pesticides outside where the children were playing so the goats will help keep the kudzu at bay while providing educational opportunities and even companionship for some children.

Ordinance No. 24-06-11A Amending Code of Ordinances Chapter 4 (“Animals”) passed.

New Business

A. Request to Appeal Notice of Violation (NOV-2024018)

A notice of violation (NOV-2024018) was issued on May 9th for failed erosion control, plan deviation without revision, and unstable slopes.
The property owner has requested to appeal the citation fine related to NOV-2024018.
On 5/7/2024 it was discovered that all erosion control between the jobsite and the waters of Lake Lure had been removed by the contractor, Bill Thompson.
Additionally, the engineered stormwater outlet was improperly installed, and there were unprotected steep slopes.
These deviations led to unabated sediment loss into the waters of Lake Lure.
The applicant, Mr. Hausle, was fined $400 for this initial set of issues. Citations were paused when the owner reported that the builder, Bill Thompson, was installing erosion control.
Staff re-inspected the site on 5/9/2024 and discovered that the erosion control was not installed correctly and had failed completely.
Citations began again after discovering sediment running into the waters of Lake Lure.
Two additional citations for $600 apiece were issued before the homeowner obtained compliance.
Due to the plan deviations and site management failures, the site is out of compliance with town ordinance standards.
Presently, the erosion control is compliant, but the notice of violation is still active until the homeowner submits a reforestation plan to bring the site into compliance and redesigns a stormwater outlet.
In total, staff issued $1600 in citations.
It is staff’s opinion that the town should abstain from eliminating 100% of citations issued to deter negligent behavior by repeat offenders.
Mr. Hausle wrote a letter appealing the fines. He is the property owner and the General Contractor.
He was present and presented his perspective on the situation.
There was a discussion and ultimately Town Council voted to hold the fines for now and delay a final decision on this until the project was 100% complete.

B. Request to Appeal Decision by the Lake Structure Appeals Board regarding LSP-2024009

A decision was made by the Lake Structure Appeals Board (LSAB) at their May 21st special meeting determining that LSP-2024009 met the criteria established in Section 6-51 of the Code of Ordinances to allow for the construction of a decktop accessory structure at 183 Sunset Cove.
A neighboring property owner has requested to appeal the decision of the LSAB).
The appeal was considered and staff recommended affirmation of the 5/21/24 Lake Structure Appeals Board approval of decktop accessory structure at 183 Sunset Cove.
There was a lengthy discussion and Mrs. Nancy McNary, the neighboring property owner, made a fervent request that her appeal be considered. She stated that she was present at the Town Council Meeting when the Lake Structure Code was adopted. She explained that the code was designed to ensure that no one’s lake view would ever be materially obstructed. She presented pictures of her current view and renderings of the new obstructed view would look like.
Town Council listened to her concerns and viewed her photos and renderings.
Mr. Nicholas White, attorney for the property owners of 183 Sunset Cove, shared the concessions the property owners had already made to make compromises with the owners of the McNary property. He expressed concerns with posing any further restrictions on the property owners.

Town Council voted to uphold the Lake Structure Appeals Board approval of decktop accessory structure at 183 Sunset Cove.

C. Consider Approval of Concession Agreement with Lodge on Lake Lure

Based on the Lake Use Regulations, a company with any tour boats must enter into a concession agreement with the Town.
Staff presented an overview of the proposed concession agreement and recommended approval.
Additionally, a notation of an annual certification course should be omitted from the agreement.

Town Council approved this concession agreement for 15% with the amendments discussed.

D. Consider Approval of Concession Agreement with Lake Life LLC

Commissioner DiOrio recused himself from this decision.
Lake Life LLC would like to begin boat tours.
This company is associated with the Lake House Restaurant.
Based on the Lake Use Regulations, a company with any tour boats must enter into a concession agreement with the Town.
Staff presented an overview of the proposed concession agreement and recommended approval with a caveat that the fees be paid annually, rather than monthly.

Town Council approved this Concession Agreement for 15% with Lake Life LLC with the amendments discussed for an annual payment vs monthly.

E. Resolution No. 24-06-11 Amending the Personnel Policy

Town staff has been reviewing options for managing compensatory time.
There has been no limit in previous years. Staff is recommending a limit of 120 compensatory hours for public safety and 80 compensatory hours for all other employees.
Following this maximum, employees will gain overtime pay.
This is a better method to tracking overtime hours and is in line with audit guidelines.
All non-exempt employees will be paid out to the maximum compensatory hours specified within Resolution No. 24-06- 11.
Staff recommends adoption.

Town Council approved Resolution No. 24-06-11 amending the Personnel Policy.

F. Consider Approval of Lake Advisory Board Recommendation regarding Navigation Safety and Lake Conformance related to 429/441 Tryon Bay Circle

Ms. Kathi Hatfield, Chairperson for the Lake Advisory Board, explained that during the March 27, 2024 regular work session and action meeting of the Lake Lure Town Council, the members of the Council passed a motion to adopt a requirement for a navigational safety and lake conformance review by the Lake Advisory Board (LAB) and the Community Development Department in advance of the nonconforming structures at 429/441 Tryon Bay Circle.
At the April 8th meeting of the Lake Advisory Board, Community Development Director, Michael Williams, made a presentation regarding the current status of the development of the property at 429/441 Tryon Bay Circle to include the initial proposal for construction of lake structure(s) at the same location.
The Board was given the opportunity to view the architectural drawings and aerial photographs of both the lot(s) and the adjacent bridge/waterway.
There were approximately 15 residents from the area that attended the meeting.
After further review and assessment from the LAB, it was recommended that in order to protect swimmers, curb additional congestion and allow and maintain safe access for water vessels under the bridge and into and out of Tryon Bay, any lake structure constructed at 429/441 Tryon Bay Circle should not be permitted to extend more than 15’ out from the current seawall.
Staff recommended adoption.
Ms. Hatfield advised that Police Officer Dills conducted three different traffic studies in the area.
He had no concerns of the traffic come in and out.
The biggest problem is on Saturday mornings with boats and swimmers going out into Tryon Bay.
He reinforced that the middle of the bridge is the place to be and this is what is limiting the egress and ingress.
Mrs. Hatfield advised that the recommendation is to protect swimmers that any lake structure at 429/441 Tryon Bay Circle should not be permitted to extend more than 15 feet.

Town Council approved the Lake Advisory Board Recommendation regarding navigation safety and Lake conformance related to 429/441 Tryon Bay Circle and any lake structure for this property will not be permitted to extend more than 15 feet.

G. Request to Appeal Notice of Violation (NOV-2024016)

Mr. Williams advised that a notice of violation (NOV-2024016) was issued on 4/10/24 for plan deviation without revision, and unstable slopes.
The property owner has requested to appeal the citation fine related to NOV-2024016.
There was a discussion regarding the violations and the problems that were created as a result.

Town Council voted to denied the Appeal Notice of Violation (NOV-2024016)

Closed Session

In accordance with G.S. 143-318.11(a) (3) for attorney-client privilege or legal claims, Town Council entered into Closed Session.

Adjournment

The meeting was adjourned.