URE m H ty ablished MINUTES OF THE REGULAR MEETING OF THE LAKE LURE TOWN COUNCIL HELD TUESDAY, APRIL 9, 2024, 5:00 P.M. AT THE LAKE LURE MUNICIPAL CENTER PRESENT: Mayor Carol C. Pritchett Mayor Pro Tem David DiOrio Commissioner Patrick Bryant Commissioner Scott Doster Commissioner Jim Proctor William Morgan, Jr., Town Attorney Olivia Stewman, Town Manager Stephen Ford, Finance Director Dean Lindsey, Public Services Director Michael Williams, Community Development Director Laura Krejci, Communications Director ABSENT: N/A I. CALLTO ORDER Mayor Carol C. Pritchett called thei meeting to order at 5:00 p.m. Council members led the pledge of allegiance and Commissioner Patrick Bryant led the invocation. II. APPROVE' THE AGENDA Commissioner DiOrio made a motion to approve the agenda, as presented. Commissioner Doster seconded and all voted ini favor. III. MAYOR'S COMMUNICATIONS Mayor Pritchett thanked all individuals in attendance. She welcomed Olivia Stewman as the new Town Manager and thanked her for her service. She has been in Lake Lure for almost three years and shel has previously served as Interim Town Manager. Page 1of12 Minutes of the April 9, 2024 Regular Town Council Meeting IV. TOWN MANAGER COMMUNICATIONS A. Monthly Report: Ms. Stewman thanked everyone in the community, as well as the staff, fort their support. She said that she was grateful to be ini 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 Thel 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 bel held with Town Council The' Town was awarded a $380,000 FEMA grant for the field Investigation work related tot the replacement dam. She thanked Laura Krejci for her oversight oft the grant process. AE Board Member Luncheon was held to show support and provide education on whati is expected from Board Members. The luncheon was well attended and she thanked Ms. Thel lease fort thej property at 2654 Memorial Highway is in final review and will be Thei new cell tower is now awaiting one more final permit and is set to be inj place by July Ms. Stewman thanked the staff for all they do to. keep the town fully operational. B. Town Manager Stewman reported that the following actions were taken at the March Approval of Schnabel Work Order #9A and 9B for the purpose of Field Investigation Services for Replacement ofI Lake Lure Dam, which is being partially funded bya supplemental Tyler Dills for leading the session. tor review thel budget before it is adopted. Krejci for coordinating this event. presented at the 4/24/24Town Council Work Session. 2024. The Lake is coming back up and lake levels are posted daily. work sessions and action meetings: FEMA grant Adoption ofOrdinance 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 thel Lake Advisory Board and the Community Development Department in advance ofthe non-conforming structures at 00 Tryon Bay Circle Approval ofthe Suspension of Chapter 8. Article I: "Peddlers" ofthe Code of ordinances; Waiver oft thel Noise Regulation, Chapter 20 Article I; and approval for partial road closure for the Hickory Nut Gorge (HNG) Outreach 2024 Spring Lake Lure. Arts and Crafts Festival scheduled forl May 11-12, 2024 ini front ofthe Arcade Building Approval of the waiver ofn noise ordinance, waiver of requirement for daily boat permits, Page 2 of12 Minutes oft the April 9, 2024 Regular Town Council Meeting suspension ofa alcohol ordinance, suspension of peddling ordinance, closure of public parking along thel 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 oftemporary signage on the street at the event site for the auto show for the 2024 Lake Lure Spring Classic Boat and Auto Show Approval ofv waiver of the noise regulation and suspension oft thej 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 ofTown facilities, waiver oft noise regulations, suspension of campgrounds and camping ordinances, suspension ofj peddling ordinances, and suspension of alcohol ordinances for the 2025 Cycle NC: Event starting 10/4/25 through 10/5/25 V. PUBLIC HEARING SECTION 36-64 (5) A. ORDINANCE NO. 24-04-09 AMENDING ZONING ORDINANCES 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 al buffer strip as defined within the ordinances. The Zoning and Planning Board has recommended that it would bei 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 oft the Zoning and Planning Board. II. PUBLIC HEARING Commissioner Proctor made ai motion to open the public hearing. Commissioner Doster seconded and the motion carried 4-0. There were: no comments from the public. III. COMMISSION: DELIBERATION There was a brief discussion and Council members expressed support for the proposed IV. CONSIDERATION FOR ADOPTION OF ORDINANCE NO. 24-04-09 AMENDING changes. ZONING ORDINANCES SECTION 36-64 (5) Commissioner Doster made a motion to adopt the ordinance and Commissioner DiOrio Page 3of12 Minutes of the April 9,20241 Regular Town Council Meeting seconded and all voted ini favor. 24-04-09 AMENDING ZONING ORDINANCES SECTION36- 64 (5) was adopted as follows: ORDINANCE NUMBER 24-04-09 AN ORDINANCE AMENDING ZONING ORDINANCES SECTION 36-64 (5) WHEREAS, the' Town ofI Lake Lure establishes zoning regulations for the Commercial WHEREAS, the Zoning Ordinances currently deem that a Commercial General lot that abuts upon property used for residential purposes must provide al buffer strip as defined within the 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 NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKELURE, NORTH CAROLINA, MEETING IN REGULAR SESSION AND WITH A MAJORITY OF TOWN COUNCIL VOTING INTHE AFFIRMATIVE. [ADDITIONS TOTEXT. ARE UNDERLINED; DELETIONS ARE TRUCKTEROUGH) SECTION ONE. Zoning Ordinances Section 36-46 ("CG Commercial General District"), Subsection (("Front, Rear, and Side Yard Requirements"), subsubsection (5) is hereby amended General District; and ordinances; and using zoned for residential, rather than used for residential. as follows: (5) Where the lot abuts upon property used zoned for residential purposes, al buffer strip shall bej provided along the side and/or rear lot line of such abutting residential use zone. Ifai fence or wall is used, such fence or wall shall be opaque and not less than eight feeti in height. Ifaj 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 willl 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 ofa adjustment where sufficient natural buffering exists. SECTION TWO. All provisions of any Town Ordinance inconsistent with the language herein SECTION THREE. The Town ofL Lake Lure Town Council deems Ordinance No. 24-04-09 to be consistent with thel Lake Lure comprehensive plan because it enhances and clarifies land use SECTION FOUR. The Town ofLake Lure Town Council deems Ordinance No. 24-04-09 to be reasonable and in the public interest because it requires that thel buffer be established in adopted are. hereby repealed. and zoning regulations. conjunction with commencement of the commercial use. Page 4 of12 Minutes oft the April 9,2024 Regular Town Council Meeting SECTION FIVE. This Ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and bei ini full: force and effecti immediately B. Ordinance No. 24-04-09A Amending Code of Ordinances Chapter 6 ("Buildings and Building from after the date ofits final passage and adoption. 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 itl 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 ai motion to open the public hearing. Commissioner Doster seconded and the motion carried 4-0. There were no comments from thej public iii. Council Deliberation Council members expressed support for the proposed changes. iv. Consideration of Adoption of Ordinance No. 24-04-09A favor. Ordinance No. 24-04-09A was adopted as follows: Commissioner Doster made ai motion to adopt, Commissioner DiOrio seconded and all voted in ORDINANCE NUMBER 24-04-09A AN ORDINANCE AMENDING CODE OF ORDINANCES CHAPTER 6 (BUILDINGS AND BUILDING REGULATIONS"), ARTICLE III ("LAKE STRUCTURES") WHEREAS, the' Town ofLake 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 ai recommendation to incorporation the definition and regulation ofa accessory storage 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 TOTEXT ARE UNDERLINED; DELETIONS ARE SIRUCKTFROUGH closets to the Lake Structures ordinances. Page 5 of12 Minutes oft the April 9, 20241 RegularTown Council Meeting 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 Accessory storage closet means an exterior located, enclosed space on a dock. pier. or covered SECTION TWO. A new subsection 81 to Code of Ordinances Chapter 6 ("Buildings and Building Regulations"),. Article III ("Lake Structures"), Section 6-51 ("Design and Construction Accessory storage closets shall not exceed 50% oft the area ofa 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 SECTION THREE. The existing subsection 8: shall become subsection 9 and the remaining SECTION FOUR. All provisions of any' Town Ordinance inconsistent with the language herein SECTION. FIVE. The Town ofLake Lure Town Council deems Ordinance No. 24-04-09A to be consistent with thel Lake Lure comprehensive plan because it enhances and clarifies land use and SECTION SIX. The Town ofLake Lure Town Council deems Ordinance No. 24-04-09A to be reasonable and in the public interest because it addresses ai need that is demonstrated by recurring requests from citizens and provides for the safe storage ofj 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 ("Definitions"): boat slip, used for permanent or temporary storage Standards"), is hereby added as follows: asl living space. subsections within Section 6-51 shall be renumbered accordingly. adopted arel hereby repeale. lake structure regulations. immediately from after the date ofits final passage and adoption. VI. COUNCIL LIAISON REPORTS & COMMENTS AND BOARD PRESENTATIONS ABC Board: Commissioner Doster: reported that the store is starting to get busier. They plan to Zoning and Planning Board: Commissioner Doster advised that the Board met on 3/19/24 and held ai 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 have two tastings per month. The store is fully staffed. in as Chair with Charlie Ellis as Vice Chair. Page 6 of12 Minutes oft the. April 9, 2024 Regular Town Council Meeting 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 ai review of all buoy locations. He advised that the' Town had upwards of100 buoys. He explained that the primary reason for al buoy is toj 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 thei impact ofj passage under the bridge by Memorial Highway. He said that the Tryon Bay residents are concerned and they are planning Parks and Recreation Board: Mayor Pritchett noted that al Parks and Recreation Board to study and assess this. Meeting was held ai meeting the first week in April. Mayor Pritchett noted that the Board Member luncheon on March 20, 2024 was a great way for the new. Board Members to learn more about their responsibilities. She thanked all those who serve on the' Town Boards for their time and service. VII. PRESENTATION A. Town ofLakel Lure. Arbor Day Celebration: Development and Environmental Review Specialist Richard Carpenter presented an overview ofthe 2024' Town ofLake 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 Townl 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. VII. PUBLIC COMMENT Thej 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 al back-and-forth dialogue but' Town Council would listen to each oft the statements and then follow up will take place as needed through Town Staff. She reminded Clerk, ostewman@townotlakelure.com, at least one. hour prior to the meeting and they would be 1.Jayne Mann 168 Firefly Cove: Ms. Mann reported that she had been in Lake Lure for 24 years and shel loves it here. She stated that her remarks were being made on behalfofherself. and' Tim Shellenberger who could not be present. She did: notl have anyi idea that she would experience thej problems she has seen with the need: for dredging. She expressed her concern that dredging people that they could also submit comments in writing to the' Town included in the minutes. Page 7of12 Minutes oft the April 9,2 2024 Regular Town Council Meeting had not taken place and asked that this matter be made al 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 al lack of dredging. She asked that additional resources be sought to help address the matter and offered to writel 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 aj previous meeting when a consultant made recommendations regarding dredging. She stated her recommendation that Town Council either follow the recommendations oft the consultants or stop hiring them. She expressed her concern that there seemed tol bei no plan for dredging and asked Town Council to make thisa priority with specific goals. She asked who was responsible for dredging and who was 3. Greg Gardner: 136 Firefly Cove. Mr. Gardner thanked Town Council for the opportunity to speak andi noted that some ofl his comments might be redundant. He relayed the experience he and his wife had finding their property in Lake Lure and deciding to build al 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. Hei noted that failure to act will negatively impact tourist, retirees, and young 4.1 Karen Donovan, 136 Firefly Cove. Ms. Donavan stated that she was ai full-time resident in Lake Lure. She shared that al 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 saw watched several boats get stuck int the sand barge. She asked that Town Council take 5.1 Melva Dye, 256 Firefly Cove: Ms. Dye shared her thoughts on thel beauty ofI Lake Lure. She noted that Lake Lurei isl known as the Gem of the Carolinas. She stated that the views are scenic but pointed out that ifv we did not place al 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 ofs silti in Firefly Cove was disconcerting. She stated that it was 6.Pat Buede, 153 Memorial Highway. Ms. Buede stated that there seems to be al big communication gap. She said that a summary of all Town Council Meetings are placed on the website and a summary oft thesei is emailed to all who want it at the end oft the month. She said that aj previous Town Manager used to send ai newsletter around and perhaps a summary ofthe 7.Ms. Jones, 146 Yacht Islands: Ms. Jones commented on the importance ofbuoys and said that people who live on the lake take al beating. She mentioned that she lived on the point and there is no buoy andj people often fly by. She asked that thel buoys be assessed as she felt that boats overseeing it. She asked that the plan be communicated. families. this problem seriously and do something about it. imperative that immediate action be taken to protect thel Lake. major issues could be sent every month or every other month. were coming too close to her property. Page 8 of12 Minutes ofthe. April 9, 20241 Regular Town Council Meeting 8. AIJoyner, 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 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 thel 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. Stewman to give an overview oft 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 ofWater Dredging Grant. The last grant was received in 2023 and ity was for $750,000 and it required a 25% match. The total dredging budget was $1,000,000in 2023. Approximately $225,000 was spent in 2023 when dredging stopped. The Town received permission to carry over the funding into 2024. Ms. Stewman stated that she was well aware of thei 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 about this issue. everyone is better informed on the dredging plan once it is confirmed. Mayor Pritchett thanked everyone for their comments. There were no further 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 A. Approval of thel 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 following items was unanimously approved and adopted. X. UNFINISHED BUSINESS There was no unfinished business to discuss. Page 9of12 Minutes oft the. April 9,2024 Regular Town Council Meeting XI. NEW BUSINESS A. CONSIDER APPROVAL OF LABELLA TASK 201 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 201 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 ofa 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 ai motion to approve LaBella Associates Task 20: for the Water System Asset Inventory & Assessment (AIA). Commissioner DiOrio seconded and all voted in favor. XI. NEW BUSINESS POSITION DESCRIPTION B. APPROVAL OF FINANCE ADMINISTRATIVE SUPPORT SPECIALIST Town Council previously approved an Accounting ClerkIp position to assist the Finance Director with technical and paraprofessional accounting functions. This position recently became vacant and the staffing needs oft the finance department were discussed upon the position's vacancy. Itl has been determined that the finance department desires more of an administrative and clerical focus to support thel Finance Director. As ai result, the Finance Administrative Support Specialist job description was drafted. This position would fall under salary grade 18. Commissioner DiOrio made ai motion to approve the Finance. Administrative Support Specialist Position Description. Commissioner Proctor seconded and all voted in favor. Page 10 of12 Minutes oft the April 9, 2024 Regular Town Council Meeting XI. NEW BUSINESS INVENTORY C. APPROVAL OF LABELLA TASK 19 FOR LEAD SERVICE LINES Olivia Stewman was appointed as' Town Manager on Wednesday, April 3rd. A final draft Commissioner Proctor made ai motion to approve the Town Manager Contract. ofthe contract was forwarded by' Town Attorney William Morgan. Commissioner Doster seconded and all voted ini favor. XI. NEW BUSINESS FINANCE OFFICER D. RESOLUTION NO. 24-04-09 APPOINTING OLIVIA STEWMAN AS DEPUTY Ms. Stewman explained that the former town'manager was the deputy finance officer and that the deputy finance officer can make financial approvals int the absence ofthe finance director. A motion was made to adopt Resolution No. 24-04-09 Appointing Olivia Stewman as Deputy Finance Offer. The motion was seconded and all voted in favor. Resolution No. 24-04-09 was adopted as: follows: RESOLUTION NO. 24-04-09 APPOINTING OLIVIA STEWMAN DEPUTY FINANCE OFFICER WHEREAS, al Finance Officer has certain statuary duties including as detailed in North WHEREAS, from time to time the Finance Officer must be absent from town hall and WHEREAS, the Town Council may appoint a Deputy Finance Officer for the purpose of ensuing that someone is present in town hall with authority toj perform actions statutorily assigned Carolina General Statute $ 159-25; and during the Finance Officer's absence various duties must be performed; and to the appointed Finance Officer during the Finance Officer's absence; and NOW,THEREFORE BEI ITI RESOLVED that onl behalfofthel Lake Lure' Town Council and the citizens ofthe Town ofLakel Lure, the Lake Lure' Town Council appoints Olivia Stewman as thel Deputy Finance Officer. This Resolution shall become effective upon the date of adoption. Page 11 of12 Minutes oft the April 9, 2024 Regular' Town Council Meeting XII. ADJOURNMENT With no further business, Commissioner Proctor made ai motion to adjourn the meeting at 7:21 p.m. Commissioner Doster seconded and the motion carried 4-0. ATTEST: diin Olivia Stewman, Town Clerk lbbhn Mayor Carol C. Pritchett OF LA, (A COMPOrAT SEAL i CARCM 1111 Page 12 of12