Town Council Regular Meeting Summary - Tuesday, August 13, 2024

The Lake Lure Town Council held Regular Meeting on Tuesday, August 13, 2024 at 5:00 p.m.

• The meeting was open to the public and there were 32 in attendance.
• The meeting was held at the Lake Lure Municipal Center (Town Hall) at 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 and/or view the meeting for additional information. 

I. Call to Order

Commissioner Bryant led the Invocation and everyone stood and recited the Pledge of Allegiance. 

II. Agenda Adoption

The agenda was adopted as posted. 

III. Mayor’s Communication

The Mayor shared the following remarks. 

Round Table Meetings:

• In September, the Lake Lure Town Council will hold two Round Table Meetings for the public.
• The purpose of the meeting is to give community members opportunities to ask questions, share ideas, and get information about the Town of Lake Lure and upcoming projects. 
• One forum will be held on The Terrace, outside of Legends at Rumbling Bald on Lake Lure and the other meeting will be in the Lake Lure Town Hall.
     
  WHAT: Lake Lure Round Table Meeting
  WHEN: Tuesday, 9/17/24 from 6:00 PM – 8:00 PM
  WHERE: The Terrace of Legends at Rumbling Bald, 153 Mountains Blvd, Lake Lure, NC 28746

            WHAT: Lake Lure Round Table Meeting
            WHEN: Thursday, 9/19/24 from 6:00 PM – 8:00 PM
            WHERE: Lake Lure Municipal Hall, 2948 Memorial Highway, Lake Lure, NC 28746

• Please reserve your seat at one of these two Round Table Meetings with an RSVP to Laura Krejci at Communications@townoflakelure.com or by calling 828-625-9983 x 103.
• I look forward to seeing you there and addressing any questions you may have.   

Board Member Recognition:

• Last March we had a special Board Member Luncheon and we took the opportunity to thank those Board Members who were retiring from their posts. 
• Two of our faithful and tireless Board Members could not attend the meeting and we want to recognize them at this time.
• They both served on the Parks and Recreation Board.
• First, I would like to ask Bill Massey to come forward so we may thank him for his service.  
• Coach Bill Massey’s original appointment was 12/13/2016 and he served faithfully for eight years, retiring in 2024. 
• This is a small token of our great appreciation for your time and service, Bill.

• And now I would like to ask Captain Ed Dittmer to come forward so we may honor him.
• Ed’s original appointment on the Parks and Recreation Board was 12/13/2005.
• He served as the Chairperson from 2006 – 2015 and as Vice-Chair from 2016 – 2024.   
• Please join me in thanking Captain Dittmer for his time and service to the Town of Lake Lure!
• Thank you, Ed!

Proclamation Honoring the Dedicated Service of the Original Lake Lure Board

WHEREAS, the founders and original Olympiad Board Members Kay  Dittmer, Monica Geyer, Tommy Hartzog, Valerie Hoffman, Bob Keith, the late Doug Long, Skip Marsh, Ray Moylan, Joe Sommers, and Woody Turner came together to plan and coordinate the first Lake Lure Olympiad in 2004.

WHEREAS, The Lake Lure Olympiad was formed as a non-profit organization which has functioned entirely through the hard work of over 150 volunteers that have been recruited by the dedicated Board Members over all of these years;  

WHEREAS, The Lake Lure Olympiad has been a major asset to the Lake Lure community and has given back well over $450,000 to local charities and service organizations over the past twenty years; 

WHEREAS, The Lake Lure Olympiad is crucial for the promotion of health, wellness, regional tourism, and economic development for the Town of Lake Lure and the Hickory Nut Gorge with over 1,050 annual participants plus their families who eagerly return to our area each year.  This year participants traveled to Lake Lure from 28 states across the country. The Junior Olympiad had participants as young as (5) years of age up to age (12).  The youngest in the three major events was (10) with the most senior participant being 83, and she participated in all three races.  

WHEREAS, The Lake Lure Olympiad Board Members have nurtured each of these participants to inspire a special passion for sports and living life to the fullest!

WHEREAS, The Lake Lure Olympiad Board Members have played a critical role in creating, planning, organizing, producing, and successfully operationalizing the Lake Lure Olympiad for all these years; and

WHEREAS, The Lake Lure Olympiad Board Members have thus significantly contributed to the overall well-being of the Lake Lure Community, our residents, and all those who visit to participate in the Olympiad for twenty years; now

THEREFORE BE IT PROCLAIMED, that on behalf of the Lake Lure Town Council and the citizens of the Town of Lake Lure, we express deep and sincere appreciation for Lake Lure Olympiad Board’s dedicated service to the Lake Lure Community.

PROCLAIMED this the 13^th day of August, 2024.

IV. Town Manager's Communication

A. Monthly Report

Town Manager Olivia Stewman presented highlights from the July 2024 report.

• Public Services – The Public Service Department has successfully completed their operations to keep the Town running as smoothly as possible. Routine maintenance has been completed throughout the month, such as, but not limited to, Meter Reading, Meter Installs, Water Leaks, Locates, Bulk Trash Pickup, Work Orders, Facility Maintenance, Wastewater Samples, and Dam, Wastewater Treatment Plant and Hydro Plant Maintenance. Top accomplishments/project updates: 
  • Reformed and repaired all culverts on Boy’s Camp Road. 
  • Went through all Town-maintained roads and cleaned culverts. 
  • Removed 9 trees that fell across roads. 
  • Performed 12 pavement patches around Town. 
  • Completed approximately 70 requested North Carolina 811 locates.
  • Repaired 7 water leaks throughout the water system. 
  • Replaced all motor brushes on Hydro Turbines 1&2. 
  • Repaired a major leak on private sewer line leading to Manhole #46. 
  • Started GIS Mapping for our land and lake-based sewer system. 
  • Finished onsite Lead and Copper Study for water system.
  • Repaired multiple water line breaks in downtown system due to over-pressurization.
• Community Development – Director Williams reports another active month for community development. The department issued 40 permits for the month of July. This includes 20 Zoning, 2 Lake Structure, 9 Land Disturbance Permit, and 4 Vacation Rental Operators. The department also completed final inspection and issued certificates of completion for 17 zoning or lake structure permits. Top accomplishments/project updates: 
  • Of 20 zoning permits issued in July, worth noting that 10 were new single-family home projects. 
  • Zoning and Planning Board reviewed and approved a preliminary subdivision plat for a 9 parcel subdivision between Quail Ridge Road and Kings Road although that approval has been stayed pending an easement settlement affecting access to the property. 
  • Board of Adjustments conducted quasi-judicial reviews of property owner appeal of staff decision regarding construction of an accessory structure storage shed without a permitted primary structure.
  • The appeal was denied and recommended for Zoning and Planning Board consideration for ordinance change.
  • Lake Structure Appeals Board conducted quasi-judicial review of a variance application to modify the shoreline stabilization requirement a property with an existing seawall. Was approved with conditions. 
  • Continued working with Tillman Construction (for AT&T) on the cell tower project. Project is still moving toward construction start. 
  • Bears and garbage, especially with Vacation Rentals, continues to be an issue and ongoing focus, utilizing communications with rental property owners and ordinance enforcement.
• Fire / Emergency Management –It was still a busy month in July. The department responded to 56 fire/medical/rescue calls throughout the month. Firefighters completed 354 Hours of Training this month. Partial list of accomplishments: 
  • Provided stand-by assistance for Independence Day festivities. 
  • Assisted and/or responded to two drowning calls. 
  • Held a planning meeting to prepare for the Lake Lure Olympiad. 
  • Completed a dive operation for a sewer line inspection with Public Works. 
  • Held check-ins on the divers working on the reservoir drain valve installation.
• Police – The Police Department has been busy with a large amount of traffic on the roads, lake, beach, and at events. July was especially busy with Independence Day events and a very busy beach season. Reserve officers have been instrumental in assisting the crew on the weekends and when needed for the reservoir drain project. A total amount of 84 lake patrol hours were documented. Top accomplishments: 
  • One of the longest chases occurred this month when officers assisted McDowell County which began the chase of a Ford Ranger. As they came into our area, LLPD officers took over the chase that lasted about 18 minutes, finally ending with the truck going off the roadway. The passenger escaped, but officers arrested the driver. Narcotics were involved and this case is still under investigation with possible further charges. 
  • Officers have had several calls this month concerning wildlife (Bears) in yards and around trash receptacles. Officers help educate the public on these calls in not only preventive ways to secure household garbage, but as well as how help keep bears from returning.
  • There were several calls concerning parking on Boys Camp Road as well as half off the roadway by the Flowering Bridge.
• Parks, Recreation & Lake – The Parks, Recreation, and Lake Department had a busy month of July. There have been several interviews held for the Parks, Recreation, and Lake Coordinator position. Top Accomplishments: 
  • Utilized a total of 127 volunteer hours, valued at $2,540.
  • Completed lake debris cleanup. 
  • Assisted Stott Construction with installation of dredging pipe to prepare for hydraulic dredging to begin in early August.
• Finance – Revenues and Expenditures Reports for a bimonthly report will be provided at the August work session. As in prior fiscal years and recent accounting periods, revenues tracked for the last accounting period as projected and departments always do well in monitoring expenditures in individual line items in the departmental budgets. There may be accruals for expenditures and revenues (same as last prior year) due to the audit reporting beginning for 23-24 fiscal year. These will remain until final trial balances are determined and audited from prior year audit. 
  • The Town continues to have a strong financial position with an unreconciled bank balance of approximately $9,300,000 for all funds other than special revenue (the Dam Fund).
  • The dam fund is showing a balance of $12,300,000.00 after significant expenditures related to the valve addition are continuing to be posted. 
  • Analysis and research to various components of the purchasing, invoicing, and vendor system continues. This effort is being made to generate cost savings, eliminate replication and overall efficiency. 
  • Audit items to be reviewed are decreasing and the Auditors are still conducting some early wrap up procedures. Sampling is still occurring along with accounting procedure clarification.
  • The Local Government Commission declared no action to be taken in regards to the audit since a strong basis was provided that reasonable steps and reviews are occurring to conclude the annual financial review. 
  • The bi annual LGC report was filed before the July deadline providing the cash condition of Town. 
  • The annual Powell Bill Street listing report (with input from Mike Williams) and the Powell Bill expenditure report was filed on behalf of the Town in order to secure funding for street paving funds for this fiscal year.
• Communications – Communications Director Krejci continues her community outreach along with progress in all areas.
  • There were 37 news articles published on the town’s website.
  • Additionally, 2,101 individuals received town news via hyperlink.
  • There were 35,000 website users in July.
  • The Town of Lake Lure also has 21,536 followers on Facebook as of the end of the month. 
  • Researched and coordinated order for new Town Welcome Signs.
  • Administered ongoing communication to the public as it related to the water outage and boil advisory. 
  • Completed ongoing coordination of the FEMA HHPD Grant assignments and reports. 
  • Website and Social Media Management: 15% increase in Website Users (35K) over the same time in 2023 with 37 news posts in 7/24.
  • 8% increase in Facebook Followers (21,462) over the same time in 2023, with 31 posts in 7/24.
• 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.
  • In addition, the installation of the Dam valves continues to be underway and making progress.
  • Chartered a Short Term Rental (STR) Advisory Board to make recommendations to Town Council regarding STR-related policies. 
  • Awarded a dredging contract to Stott Construction, Inc. Stott will begin hydraulically dredging in the beginning of August. 
  • Awarded the Morse Park Improvements project bid to Odom Engineering. 
  • Amended LaBella Task 17 (Water System Consolidation) to include the addition of a Pressure Reducing Valve to lower pressure from the Firefly Cove well/tank system feeding into the Firefly Cove community, the incorporation of a fail-safe protection into the feed from the (now to be lowered) Firefly Cove community system in order to minimize potential for catastrophic pressure conditions to enter the Downtown system, the previous addition of a Pressure Reducing Valve between the Island Creek Tank and the 80-System, and redirection of the 80-downtown interconnection location. 
  • Approved LaBella Task 23 for wastewater pumping station bypass system. 
  • Approved LaBella Task 21 for dredging permitting.
  • The permitting will allow the Town to mechanically dredge on a larger scale. 
  • Held a positive meeting with DEQ to discuss the status of the sewer replacement project.

B. Review Actions Taken at the July Work Session and Action Meeting

• Budget Amendment #373 for Geodesic for Washburn Tank
• Budget Amendment #374 for Water SCADA System
• Budget Amendment #375 for Belt Press
• Amendment #1 to LaBella Task 17-Water System Consolidation
• LaBella Task 23-Wastewater Pumping Station (WWPS) Bypass System
• Award of Morse Park Improvements Bid to Odom Engineering
• Approval of the plan to purchase five (5) single-sided sandblasted wood signs (with 6” x 6” posts) with a white background and the Town Logo to replace the existing signs that are in need of repair.

V. Council Liaison Reports and Comments

The following updates were provided by the Commissioners who serve as Board Laiasons.

• ABC Board: The Board met and the store is doing well.  The store has had a 15% increase in revenues. They are still doing tastings though they cannot publicize these online.     
• Board of Adjustments/Lake Structure Appeals Board: Normal business is taking place.  There are two Board vacancies so if anyone knows someone who might like to serve, encourage them to complete a Volunteer Board application.   
• Lake Advisory Board (LAB): Would like to thank the Lake Lure Police Department as the officers have been making rounds on the Lake each shift to ensure boater safety.  Warnings have been distributed but there have been no tickets in the past month.  One area is focus is on non-motorized boats to ensure they are following the rules for their safety.  The Police Officers report that all boaters have been receptive to their guidance. The Board is reviewing the Lake Use Regulations in preparation for the next Marine Commission Meeting.
• Parks and Recreation Board: The Board met last week and are working on updating the comprehensive plan. They are drafting a survey to send to property owners.  There have been 140 volunteer hours not including the flowering bridge and the Olympiad volunteers. 
• Short-Term Rental Board: Mayor Pritchett advised that Commissioner Bryant would serve as the liaison for the new Vacation Rental Board.  There has been a great deal of interest and the Town has received more applications than there are positions.  Mayor Pritchett asked that anyone not selected for the STR Board consider applying for the other Board vacancies. 
• Zoning and Planning: The last meeting was held on 6/18/24. There is a Board vacancy that will be coming available at the end of the year.  If anyone knows someone who might like to serve, encourage them to complete a Volunteer Board application.    A new sub-division has been approved above Rumbling Bald. 

Mayor Pritchett thanked everyone who serves on the Town Boards. 

VI. Public Comments: 

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, ewillette@townoflakelure.com at least one hour prior to the meeting.

• Barbara Searcy  advised that there was a huge amount of noise on the construction on Shumont.  Plesae consider investing in measures and/or equipment to reduce the noise. Secondly, for about 2 years they had some summons was to be served. Since we cannot serve the summons, why are they monitoring her pontoon boat.  WIlliam Morgan confirmed that the county is the entity that services the summons. 
• Debbie Warren Yaht Island - thank you for the support of the Lake Lure Olympiad. The original, 1050 participants, 111 volunteeers, it takes a village to run this event so thank you.  Special shout outs to the Lake Lure Fire Chim Bill Creek Fairfiel, RC EMS, FMC, Libraary, Carolina Foothills, RB, RC TDA RHI Legacy, People are so appreciative of the event.  We look forward to calculating
• Pat Buede - Dredging town owned the lake and was responsibile for dredging.  What about the coves? As an example, one Cove originates at the Highlands and silt is backing up. There was a discussion about how to ensure continuity in ordinances, particularly the slope and protecting the beauty of the area. 

VII. Consent Agenda

A. Approval of the July 9, 2024 Regular Town Council Minutes and the July 24, Work Session and Action Meeting Minutes.
B. Waiver Request for Lake Lure Artists Show and Sale.
C. Waiver Request Hickory Nut Gorge Outreach Fall Arts and Crafts Festival.

The Consent Agenda Items were approved. 

VIII. Unfinished Business

There was no Unfinished Business.

IX. New Business

A. Update on the Short Term Rental Advisory Board: 

• Last month, Town Council chartered a Short Term Rental Advisory Board to advise on regulating short term rentals appropriately, as they remain prevalent in the community.
• There has been a good amount of interest in the board and the Town has received 13 applications as of current.
• Town Manager and Commissioner Bryant recommends that Town Council review all applications received at the August 28th work session and action meeting and make appointments at the September 10th regular meeting.
• Ther Mayor stressed that the new Board will support STR and there are no plans to restrict STR. 

B. Resolution No. 24-08-13 Accepting Water AIA State Reserve Grant Offer

• The Town was previously notified informally that it would be offered a $150,000 SRP funding grant for water infrastructure asset inventory and assessment.
• As a result, the Town approved a LaBella task order for completion of the water AIA contingent upon the official offer.
• The Town has now received the official offer letter. Resolution No. 24-08-13 accepts the State Reserve Grant offer of $150,000 for water infrastructure AIA.

The resolution was approved.

C. Request Appeal to Notice of Violation (NOV-2024025)

• Development and Environmental Review Specialist Richard Carpenter issued a notice of violation (NOV-2024025) on May 18th for failure to follow the approved plans, and cut slopes that exceed our ordinance requirements.
• The property owner has requested to appeal the citation fine related to NOV-2024025.
• On 6/18/2024 it was discovered that Bill Thompson & the property owner cut a large steep slope into the town right-of-way.
• Per town steep slope ordinance, cut slopes must be cut at a 1 ½:1 ratio.
• Additionally, the property owner’s original geotechnical report for the property stated that any slopes steeper than 2:1 should be designed by an engineer and stabilized. Citations of $800 per day were assessed from 6/18 through 6/28 (excluding weekends), for a total of $7,200.
• Property owner was notified from the beginning of the project that geotechnical engineering is required due to the steep slope and had submitted that engineering report as part of his December 23, 2023 zoning permit.
• After the issues with the cut slope adjacent to the town road, he was advised on June 19, 2024 that an additional geotechnical engineering report would be required regarding the stability of the cut slope and the engineer’s opinion of what should be done to safely continue the project.
• Citations ceased on July 1st upon the receipt of that geotechnical analysis of the slope and the decision was made to permit the project to move forward.
• It is the staff’s opinion that the site still has areas of concern and still does not fully meet our sedimentation and erosion control ordinance but the property owner has taken reasonable and responsible efforts to correct a bad situation.
• The wall abutting the large cut slope has been completed, however, the soil is not yet fully stabilized and there is still a lower wall that is in violation that has created an erosion control issue for the lake.
• The property owner is aware of all on-site issues and has hired additional subcontractors to bring the site into compliance.
• As of August 7th, 5 of the 9 fines from the NOV have been paid in the amount of $4000.
• The property owner requests a waiver of the remaining 4 fines in the amount of $3,200.
• The property owner and general contractor provided an overview of the situation from his perspective. 
• Town Council voted to reduce the fines to $1,600. 

Town Council would like to send a strong message to contractors that compliance is important.  

D. Request to Extend Lake Structure Condemnation Order (NOV-2024022)

• Community Development Director Williams provided an overview of the situation.
• Development and Environmental Review Specialist Richard Carpenter issued a notice of violation (NOV-2024022) on May 22nd after the town council condemned the boathouse & seawall.
• The property owner failed to meet the conditions of the violation & condemnation order.
• The property owner was given 60 days to obtain permitting and repair the offending structures, this did not occur. Additionally, the owner has had 90 days to obtain permitting & demolish the structures, after failing to repair, and has failed to complete this task.
• The owner was given a detailed description of the requirements being imposed within the condemnation order, and on numerous occasions through telephone & email communications.
• Throughout the condemnation process, staff have attempted to gain compliance from the property owner.
• The owner(s) have remained mostly silent regarding the status of the condemnation order, other than mentioning to staff they would have it handled within the timeframe.
• However, on 8/5/24, staff noticed the property was listed for sale and advertised a boathouse for use.
• Upon contacting the owner about the required demolition, the owner had zero documentation to deliver and could not prove progress has been made.
• Staff recommended not approving an extension to the condemnation order without physical evidence that the owner is immediately prepared to obtain permitting and initiate repairs.
• Council asked for an overview of what would happen if the extension was not granted.  
• Mike Williams explained that the property would be demolished. 
• The family came forward Alison and Timothy Garner came forward and Mrs. Garner explained that their house burned down 2020. This was at the beginning of COVID and they had difficulty finding anyone to assist them with their home.  

Town Council voted to extend the deadline for paperwork for 60 days and if this is not resolved, the property will  be condemed.   

E. Resolution No. 24-08-13A Accepting Lead Service Line (LSL) Funding Offer

• The Town was previously notified informally that it would be offered a 100% principal forgiveness loan for the lead service line (LSL) inventory that is mandated by the federal government.
• The Town previously approved a task order with LaBella associates to complete the LSL inventory contingent upon official offer.
• In the offer letter, it states that The Town has now received the official offer letter.
• Resolution No. 24-08-13A accepts the lead service line replacement loan.
• Recommend adopting Resolution No. 24-08-13 Accepting State Reserve Grant Offer of $150,000 for Water Infrastructure AIA

Town Council approved the resolution. 

F. Capital Project Ordinance No. 24-08-13 for Lead Service Line Inventory Project

• A requirement to accept the lead service line inventory project funding offer, the Town must adopt a capital project ordinance.
• Staff recommends Town Council adopt Capital Project Ordinance No. 24-08-13 for Lead Service Line Inventory Project. 

Town Council approved the Ordinance. 

X. Closed Session

In accordance with G.S. 143-318.11(a) (6) for the purpose of discussing personnel matters.

XI. Adjournment

The meeting was adjourned following the Closed Session.