Town Council Regular Meeting Summary - Tuesday, March 12, 2024

Thank you to all those who joined Town Council for their Regular Meeting on Tuesday, March 12, 2024 at 5:00 PM. The meeting was held in the Lake Lure Municipal Center 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 for additional information.

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

A. Pledge of Allegiance and Invocation: Commissioner Bryant led the Invocation and Commissioner Proctor led the Pledge of Allegiance.

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

III. Mayor's Communications: Mayor Pritchett thanked everyone for attending the meeting. Mayor Pritchett took a moment to acknowledge the passing of Pam Keith, an active and beloved member of the community.  She shared that Pam was also the wife of our former Mayor Bob Keith and said that our thoughts and prayers are with him at this time.   

IV. Town Manager's Communications:
A. Monthly Report: Town Manager Hank Perkins shared the following updates from the monthly Department Reports.

• Public Services – The Public Service Department is busy keeping everything working as smoothly as possible. Director Dean Lindsey noted that 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:
  • Cut all new ditches on North Shore RD. Cleaned existing ditches and cut new ditches as needed on Sidney Lanier RD.
  • Cleaned ditches on Luther Burbank.
  • Reseeded grass in front of Town Hall. Included cutting out preexisting problematic grass, use of fill dirt as needed and reseeding.
  • Installed new culvert pipe on Tryon Bay RD.
  • Cleaned up Landslide on Lakeview RD.
  • Agreement for Canopy trimming has been acquired through Melgar’s and canopy trimming has been completed for this year. We will pick up where it was left off next year during trimming season.
  • Installed flash mixer @ Wastewater Treatment Plant.
  • Repaired 4 water leaks in the month of February.
  • Repaired 3 Sewer leaks in the month of February which were located by Smoke Testing.
• Community Development – Director Williams reports another active month for community development. The department issued 43 permits for the month of February as compared to 39 permits in January and performed numerous follow-ups. This includes 10 Zoning, 9 Lake Structure, 4 Land Disturbance Permit, and 6 Vacation Rental Operators. Top accomplishments/project updates include the following:
  • The Zoning and Planning Board reviewed and approved a recommendation to Town Council for a text amendment to clarify buffer requirements for commercial projects adjacent to residential zoning.
  • A  recommendation for a text amendment regarding limitations for enclosed lake structures without an associated residential dwelling was made.
  • The Board of Adjustments (BOA) reviewed and approved, 2 special use permits: the Flowering Bridge’s new Educational Building and a recreational vehicle rental use. Also reviewed and approved a variance request to allow a 2nd ingress/egress for a new business site on Memorial Highway.
  • The Lake Structure Appeals Board (LSAB) had no new business but reviewed the February Zoning & Planning recommendation regarding enclosed lake structures at properties without an associated dwelling.
  • Worked with property owners affected by stormwater damage from the January major rain storms, the Army Corp of Engineers, and NC Department of Environmental Quality to obtain permitting for emergency repairs.
  • Tillman Construction (for AT&T) has obtained their county building permit for our new communication tower, staying on track for the tower to be erected and in service in May.
• Fire / Emergency Management –It was still a busy month in February. The department responded to 41 fire/medical/rescue calls throughout the month. Firefighters completed 420 Hours of Training this month. Partial list of accomplishments includes the following:
  • Attended the NC Fire Chiefs Association Mid-Winter Conference in Concord NC
  • Assisted Rutherford County Fire Marshal’s Office with flood siren maintenance
  • Hosted Fireground Ops 6 Class
  • Participated in the Duke Energy Community Forum
• Police – Road traffic has increased on the weekend due to some great weather (when it’s not raining). Top accomplishments include the following:
  • On February 9th, The Lake House Restaurant held their annual Night of Honors for the Lake Lure Police Department. This event honors the officers and Chief Humphries presents awards to those that have given exceptional service during the past year. Additionally two Reserve Officers who were retiring soon were given Distinguished Service Awards. We would like to thank Lewis Bentley and his staff for this exceptional event held year after year. We appreciate them for everything they do for our department.
  • The department took on a great service to the community many years ago by offering a Medicine Drop Box in the department’s foyer. Officer Shuford oversees the collection, weighing and disposing of the unused medicine and at the beginning of February, the total weight of discarded medications was 28 pounds. That’s a pretty large amount. The community is to be commended in helping us keep unused drugs safe and out of our waterway.
  • Admin Kat Canant and PR&L Admin Corbie Bradley have audited past-due lake citations. While last year was the first year for PR&L being a part of the citation and collection process, Kat and Corbie have this process finely tuned and are ready to begin the new year.
• Parks, Recreation & Lake – 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. Budget planning 3. Worked on updating BCP/WPM trail map 4. Continued planning marina maintenance (pressure washing, etc.) 5. Drainage pipe installation at Green Space 6. Water fountain repair/replacement 7. Quotes for picnic table replacements 8. Began planning for spring plantings 9. Dittmer-Watts Nature Trails trail boss walked the trails and reported issues – 1 volunteer; 3 volunteer hours 10. Buffalo Creek Park trail boss walked the trail and reported issues – 1 volunteer; 4 volunteer hours 11. Weed Patch Mountain trail boss walked trail and reported issues – 1 volunteer; 7 volunteer hours 12. Volunteers removed a small tree on the Weed Patch Mountain Trail and checked for damage on 2/24 – 2 volunteers; 12 volunteer hours 13. Organized a workday on the Weed Patch Mountain trail on 2/20 to improve drainage – 2 volunteers; 6 volunteer hours 14. Organized a Buffalo Creek Park workday to work on erosion and drainage on 2/22 – 2 volunteers; 8 volunteer hours 15. Planned upcoming trail maintenance days and recruited volunteers to help 16. Checked Buffalo Creek Park, DittmerWatts Nature Trails, and Weed Patch Mountain for damage 17. Utilized volunteers to collect water samples – 2 volunteers; 12 volunteer hours 18. Attended staff and project meetings Three notable projects/activities updates:
  • Utilized a total of 52 volunteer hours, valued at $1,040
  • Drainage pipe installation / Green Space walking path reroute plans moving forward
  • Preparations for The Rumble Climbing Competition
• 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.
  • The Town continued to sustain its strong financial position with an unreconciled bank balance of approximately $11,300,000 for all funds other than special revenue funds (the Dam Fund). Regarding the Dam fund, additional draws are still being made from the reserve and capital projects fund to remit payment for the drain valve project. After this past accounting period’s payment the fund still holds a balance of approximately $14,219,000 including accumulated interest of $462,500.00.
  • FY 23 audit procedures continue and comparable amount of detail and review as in prior years is continuing.
  • Efforts are still continuing to analyze potential cost savings with vendors and possible changes and even termination of long standing service agreements or services deemed no longer necessary or outdated.
  • Audit proposals have been accepted and reviewed with a recommendation to Council being prepared for consideration this month.
  • Initial Budget preparation has been ongoing with the next step of initial department head meeting occurring.
• Communications – Communications Director Krejci continues her community outreach along with progress in all areas. There were 29 news articles published on the town’s website and were sent to 2,065 by hyperlink. There were 12,000 website users in February 2024 compared to 9,094 website users in February 2023 (a 32% increase (+2,906). The Town of Lake Lure has 21,053 followers on Facebook as of February 2024, representing a 9% increase (+1,701)) over February 2023. Lake Lure continues to wait for the State Dam Safety Office to provide it with a grant contract for Initial Field Investigations.   Top Highlights: Grant Coordination, Planning/Marketing for Duke Energy Meeting, Website and Social Media Management. 
• Manager / Clerk / Administrative Summary: February was a busy month including an array of staff, council, and board meetings and everchanging day-to-day operations. In addition, the installation of the Dam valves continues to be underway and making progress. Highlights:
  • Lake Lure/Chimney Rock Village Gateway Project. – Expansion of pedestrian amenities for non-vehicular traffic by way of a sidewalk along 74/64/9 between the Lake Lure Flowering Bridge and downtown Chimney Rock. Alan Toney of Foothills Regional has submitted an application with the NCDOT State Planning and Research for funding of a complete streets application. We expect a response in a couple of months. The local match for this study would be $6,000 split evenly between Lake Lure, Chimney Rock Village, and the TDA.
  • Green Space Planning – We have an up-to-date proposal to execute for Green Space Master Planning. The project will be for a lump sum cost of $45,650. This project is scoped and included in this year’s FY Budget 23-24. This project has been fully discussed by Town Council and the Parks and Recreation Board. The project was being held until the results of the Fire Department Space Needs study were completed. The new proposed public safety location that resulted from that study is on Hwy 9 across the road from Ingles. Now that the Fire Department Study has been completed and once the Green Space Recreational Master Plan has been completed, we can examine again the inclusion of conservation easements that have been discussed with Equinox. The Master Planning Study with McGill for the Green Space has been executed and sent to McGill.
  • Morse Park Phase One Park Improvements – We now have a grant of $100,000 from RHI Legacy and a $200,000 grant from NC Water Resources. The Water Resources grant period is 2 years from the date of a fully executed agreement. We are currently working on the completion of a Request for Qualifications (RFQ) for qualified design/engineering firms to answer for the project.
  • Lease Agreement at 2654 Memorial Highway (Old ABC Store) - Following the work session meeting in January when the Council reviewed the first draft and gave comments, a meeting was held with the proposed tenants for the property. That meeting was on January 30th. Based on our discussions at that time, Mr. Brock and Mr. Oppliger were to provide us with notes and feedback on outstanding items related to the lease draft as a part of moving forward with the draft lease. On Thursday, January 22nd, I received the response feedback and information that we were waiting on and on Friday of last week, I met with William Morgan and Olivia Stewman, Clerk, to review the materials that were sent to us. Based on that feedback, and feedback provided by the Council on March 4th, we have sent the latest draft to the proposed tenants on March 5th . Once the draft has been reviewed and hopefully accepted to move forward, we anticipate a special call meeting for the Town Council to review the latest draft and determine if the proposed lease is ready for the Town to approve in a future Regular Meeting after it has been noticed by no less than 30 days ahead of its intended acceptance.
  • Workforce Housing - We have been involved with workforce housing as an initiative for the Town of Lake Lure to become involved with. We have had numerous meetings with various individuals who have an interest or a stake in future discussions of workforce housing. Michael Williams, Community Development Director, and I will be discussing and evaluating possible site locations for a future project tomorrow February 28th with Neil Gurney of Gateway Wellness Foundation.
  • Water System AIA – Lake Lure has received informal approval of its success in applying for an Asset Inventory Assessment (AIA) for the Lake Lure Water System. The grant is for $150,000 to help map/inventory the water system and assess the infrastructure. Work will start after the Town has received the official grant documents and have accepted them.
  • Lead Service Line Inventory – The Town Council had previously authorized the application for up to $1 million of loans for providing an inventory of Lake Lure “lead service lines” within its water system. The Town has received unofficial information that this application has been approved. The loan has been deemed 100% forgivable. A Task Order has been provided by LaBella (on-call engineer) for the scope of this investigation and inventory. This inventory is mandated by recent EPA regulations and is due no later than October of 2024. Work will begin after a formal letter of intent to fund has been received by the Town and accepted.
  • Fire Apparatus/Facility Funding Requests to the General Assembly – With the much-appreciated assistance of Chief Waycaster, Laura Krejci, and John Metcalf for the Policy Group, we have sent out the funding request letters for consideration of $925,000 to both Senator Moffitt and Representative Jake Johnson.

B. Review Actions Taken at February’s Work Session and Action Meeting

• Authorization to remove the Pool Creek Park Fence which has been completed and looks great.
• Authorization to accept Conserving Carolina’s donation of the Youngs Mountain Trail property, once the parking lot and trail are completed.
• Approval of the Parks, Recreation, and Lake Director position description.
• Authorization to give the three destroyed lake structures in the Quail Cove cluster mooring 90 days for condemnation and six months for engineered judgements to be provided for all of the other structures in the Quail Cove cluster mooring.
• Approval to Amend the Lake Lure Tours Concession Agreement provision to open the beach following Labor Day for unsupervised access.
• Authorization for the Town Attorney to seek relief for abatement of unsafe lake structures.  A question was asked about this and Mr. Perkins confirmed that the property owner plans to remove the structure so the injunction will not be necessary unless he does not follow through. 

V. Public Hearing
A. Ordinance No. 24-03-12 Amending the Town of Lake Lure Zoning Ordinances Section 36-70 (“Building Site Minimum Dimensional Requirements”):

i. Staff Comments: Community Development Director Mike Willaims advised that staff has identified a discrepancy within the Zoning Ordinances in regard to Residential/Office District (R-4) zoning rear yard and side yard setbacks. Section 36- 61 (“R-4 Residential/Office District”) in the Zoning Ordinances specifies that side yards shall be not less than 12 feet in depth and rear yards shall be not less than 15 feet in depth. However, Section 36-70 (“Building Site Minimum Dimensional Requirements”) includes a table that states that the side yard and rear yard setbacks are both 10 feet, which is true for most of the other residential districts. Town staff feels that there was intent behind the specific setbacks for R-4 within Section 36-61 and recommends amending Section 36-70 to clarify that R-4 side yards shall be not less than 12 feet in depth and rear yards shall be not less than 15 feet in depth.

ii. Public Hearing: The Pubic Hearing was opened; however, there were no public comments regarding this matter. 
iii. Council Deliberation: Town Council briefly discussed the matter.
iv. Consideration of Adoption of Ordinance No. 24-03-12: Town Council approved the Amended Ordinance. 

VI. Council Liaison Reports and Comments

• Lake Advisory Board (LAB): Mayor Pritchett advised that the updates from LAB were given at the Marine Commission Meeting a few moments ago so we will not review that at this time.  
• Zoning and Planning Board (Z&PB): Commissioner Doster advised that the Z&PB February 20th.  One of their recommendations was just made by Community Development Director Mike Williams.  They also reviewed the Lake Structure Ordinance regarding the prohibition of constructing boat houses without a residential dwelling on the lot.  They also began discussions on the Comprehensive Plan updates. He advised that the March Meeting would include a Contractor's Forum at 9:30 on 3/19/24. Contractors have been invited to participate and were asked to complete a questionnaire. About 9-10 questionnaires have been completed thus far. 
• ABC Board: Commissioner Doster advised the board met on February 19th.  The team is preparing for the upcoming season. Commissioners shared praise for the staff and their professionalism. 
• Lake Structures Appeal Board and the Board of Adjustment: Commissioner DiOrio advised that Mr. Perkins reported the pertinent updates during his departmental report.
• Parks and Recreation Board: Mayor Pritchett reported that the Board met and voted on the new Chair, Robin Worchster and Vice Chair, Dan Bragdon. 

Mayor Pritchett advised that the Board member Luncheon was scheduled for 3/20/24.  She stated that this was an important opportunity for everyone to learn more about their Board responsibilities and to meet members of the various boards.  

VII. Public Comment: 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,
ostewman@townoflakelure.com, at least one hour prior to the meeting.

Pat Buede stated that she recommended expanding the new Parks, Recreation, and Lake Director position to include assistance with conservancies for issues like dredging.  She also asked if Lake Lure had any representation in Washington DC.  Mayor Pritchett advised that we worked with an organization called The Policy Group but this is primarily at the state level. There was a discussion regarding the process for obtaining support for Lake Lure projects and needs through the political representatives.

Mr Perkins noted that we apply for FEMA grants and we recently applied for a 2024 grant.  The Town has been awaiting final approval on a FEMA grant from 2021 and we just received the notification that it was awarded 3/11/24. Mayor Pritchett thanked Laura Krejci for all of the work that she does with writing and submitting grants and stated that the Town was very fortunate to have her in this role.

VIII. Consent Agenda: The following Consent Agenda Items were approved.
A. Approval of the February 13, 2024 Regular Town Council Meeting, the February 28, 2024 Town Council Work Session and Action Meeting Minutes, and the March 4, 2024 Reconvened Minutes from the February 28, 2024 Town Council Work Session and Action Meeting

B. Approval of Addendum to Lake Lure Tours Concession Agreement At the February 28th Work Session and Action Meeting, Town Council approved the amendment of the Lake Lure Tours Concession Agreement to remove the provision to open the beach following Labor Day for unsupervised access. This addendum officially amends the Concession Agreement.

C. Approval of Emergency Water Agreement between the Town of Lake Lure and Chimney Rock Village. Chimney Rock Village has expressed that they do not desire to enter into a new agreement to operate water system upon the expiration of the current agreement on June 30, 2024. Instead, Chimney Rock will be working with a private firm to operate their system. It has been agreed upon by both the Town and Village that it would be appropriate to enter into an Emergency Water Agreement, which would act as a mutual aid agreement between the
two entities in the event that an emergency occurred.

IX. Unfinished Business: There was no unfinished business.

X. New Business
A. Resolution No. 24-03-12 Setting Public Hearings for April 9, 2024 to Receive Comments Regarding Amendment of Zoning Ordinances Section 36-64 (5) and Amendment of Code of Ordinances Chapter 6 (“Buildings and Building Regulations”) Article III (“Lake Structures”): 

• Resolution No. 24-03-12 will set the public hearings to be held at the April 9, 2024 regular Town Council meeting beginning at 5:00 p.m.
• The purpose of the public hearings are to receive comments in regard to amendment of Zoning Ordinances Section 36-64 (5) and Amendment of Code of Ordinances Chapter 6 (“Buildings and Building Regulations”) Article III (“Lake Structures”).
• Community Development Director Mike Williams explained that one is about the buffer for commercial that is adjacent to a property that is used for residential – most ordinances look at a commercial zoning instead of use and the ZPB thought that this was not a good intended purpose and to change it to match other ordinances to change from use to zoning. 
• The Resolution was approved. 

B. Budget Amendment #366 for Town Water SCADA System and Water System Consolidation: 

• Budget Amendment #366 is for the purpose of funding the installation of the town water SCADA system and the water system consolidation.
• The total cost associated with Budget Amendment #366 is $180,000.00.
• The installation of the SCADA system will provide staff with the ability to control and monitor the town’s water supply system and has the ability to be expanded for sewer monitoring and control in the future.
• The total cost for the SCADA system is $180,000.00.
• The water system consolidation includes cross-connecting the 80 well system to the downtown water system, and consolidating the Lake Lure water system with the Firefly Cove System.
• The total cost for the water system consolidation is $150,000.00. 
• The Budget Amendment was approved.

C. Approval of LaBella Task 19 for Lead Service Lines Inventory

• Public Services Director Dean Lindsey explained that the Town has been awarded a 100% ‘principal forgiveness’ $1,000,000 loan under the NCDEQ Department of Water Infrastructure (DWI) Lead Service Line (LSL) Replacement program.
• This funding is specifically for the purpose of investigation and determination of the presence or absence of lead service lines, in compliance with the December 16, 2021 EPA issuance of the Lead and Copper Rule Revisions (LCCR).
• LaBella Task 19 proposes efforts that will enable the Town to comply with the LSL inventory requirements.
• LaBella’s efforts would include a tabletop evaluation, customer input solicitation, and field investigations.
• This is time-sensitive, as LSL inventories must be completed by October 16. 2024.
• For Task 19, LaBella is proposing to bill on a time and materials basis at their standard rates.
• There was a detailed discussion regarding the benefits of the inventory service.
• The Budget Amendment was approved.

D. Approval of LaBella’s Proposed Adjustments to Sewer AIA Project Scope

• In October 2022, Town Council approved LaBella Associates’ proposal for preliminary scope of the Asset Inventory and Assessment (AIA) Project.
• This scope included overall project management and field observation, data review, analysis, and condition assessment, preparation of the final report, bathymetric survey, and GIS license for the Town.
• The total lump sum for these items was $124,300.
• In addition, the T&M phase included CCTV inspection and smoke testing for $75,700 total.
• After the adoption of Resolution No. 23-02-14B Accepting American Rescue Plan Funding for Subaqueous Sanitary Sewer AIA in February 2023, LaBella was authorize to act on proposed services.
• Since then, the Town chose to conduct a portion of the previously-scoped LaBella effort, while LaBella’s efforts have been focused on GIS development and support, and completion of the bathymetric survey.
• In recent discussions, it was determined that a portion of the grant funding accepted under Resolution No. 23-02- 14B will be unused unless reallocated to additional tasks not previously scoped.
• LaBella anticipates invoicing only portions of scope items 1 and 2 (Project Management and Data Review / Analysis), and not invoicing scope item 5 or the T&M scope items at all.
• As a result, the following scope items are therefore proposed to be added:
  • The Town will spend $20,000 (10% - the maximum portion of the grant allowable) on software and/or equipment.
  • LaBella will send a GIS technician to the Town to work with and train the Town’s field personnel to collect land-based manhole and sewer data for one full week.
  • LaBella will perform the necessary research to determine if easements exist for the land-based sewers.
• The items was approved. 

E. Request for Town Council Approval to add Fill for Maintenance of Rumbling Bald Resort Beach Located at 153 Mountains Boulevard

• Section 6-61(1) of the Town of Lake Lure Code of Ordinances states that any activity such as dredging or filling at or below the shoreline without written permission from the town or any land disturbance which alters the shoreline is prohibited.
• Fairfield Mountains Property Owners (RBR) has requested written approval from Town Council to add fill for the purpose of re-sanding existing resort beach located at 153 Mountains Boulevard.
• Mr. Williams noted that our ordinance prohibits fill, including sand going onto a beach.
• The Army Corp initially said we could not do this, but the Town had a discussion about the significance of the beaches in the Town, so we worked out an agreement with the Army Corp about being able to maintain, while we monitor and minimize the impact.
• The only two we have this year is Rumbling Bald and the Town Beach, though the Town Beach may not even have it added this year.
• The request was approved. 

F. Request for Town Council Approval to add Fill for Maintenance of Town-Owned Beach Located at 2724 Memorial Highway

• Section 6-61(1) of the Town of Lake Lure Code of Ordinances states that any activity such as dredging or filling at or below the shoreline without written permission from the town or any land disturbance which alters the shoreline is prohibited.
• Lake Lure Tours, Inc. (concession operator of beach) has requested written approval from Town Council to add fill for the purpose of re-sanding existing public beach located at 2724 Memorial Highway.
• This was previously discussed and approved.

G. Budget Amendment #368 for Erosion Repairs at 2654 Memorial Highway

• A recent storm event caused erosion issues to occur at 2654 Memorial Highway, formerly known as the ABC Store.
• Budget Amendment #368 is for the purpose of restoring and repairing the property grounds.
• The total cost associated with Budget Amendment #368 is $29,000.
• Mr. Lindsey explained that this is for the area by the police boat house where we had a heavy rains a while back, it took out/widened the creek bed which is impacting the bank.
• This request is to fund the stabilization of the bank and the removal of growth.
• The Budget Amendment was approved.

XI. Adjournment: The meeting was adjourned.