Town Council Work Session/Action Meeting Summary - Wednesday, March 27, 2024

The Lake Lure Town Council held a Work Session/Action Meeting on Wednesday, March 27, 2024 at 8:30 AM. The meeting was held in the Lake Lure Municipal Center at 2948 Memorial Highway, Lake Lure, NC 28746. The meeting was open to the public. 

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.

II. Agenda Adoption: The agenda was adopted with the following additions.

• The agenda was adopted with the addition of:
  • Navigational Safety Issue in Tryon Bay Circle
  • Revisit Resolution No. 23-10-10A Setting Guidelines for Administrative Approvals for Project Change Orders.
• The items were renumbered.   

III. Public Comment:  There were no public comments from attendees.

IV. Audit Bid Update: 

• Finance Director Stephen Ford provided an update on the audit bidding process and reported that there have been two bids received including one from the current firm and one other North Carolina firm.
• Mr. Ford advised that he hoped to have a summary of the bids ready for Council approval next month.
• Director Ford asked for feedback as he proceeds with the bid review process. 
• He advised that the Town's criteria and ratings will be based on the firms’ cost, scheduling of the audit, skills, and understanding of Towns like Lake Lure.  He asked for input regarding the evaluation process.
• Mr. Ford detailed that current firm’s bid came in at $10,000, more than the other firm’s bid.
• He added that the bidding firm’s schedule is more accommodating than the current firm’s schedule.
• He stated that both firms are similar on a skill level, but it seems that current firm is less familiar with towns like Lake Lure because the other firm is located on the coast and works with tourist towns.  
• Director Ford reported that he had received good reviews for the bidding firm and their approaches.
• Town Council recommended that Mr. Ford speak with clients of the firm to get their input on the experience. 
• Mr. Ford confirmed that he would do this and he hoped that a firm could be selected by next month, after the current audit is completed.

V. Schnabel Work Orders 9A and 9B– Field Investigation Services for Replacement of Lake Lure Dam

• Town Manager Hank Perkins explained that FEMA and the NC Dam Safety Office and FEMA have approved the FY21 High Hazard Potential Dam (HHPD) grant for partial field investigation services.
• Mr. Perkins explained that the Schnabel Engineering Work Order for Field Investigation is broken into two parts, 9A and 9B. 
• Schnabel Engineering is recommending the approval of both 9A and 9B, with the understanding that 9A needs to be completed first.
• Manager Perkins explained that the FY HHPD grant was applied for three years ago, but was just awarded, and Dam Safety is advising that the work included in 9A must be completed with funds spent prior to the end of September 2024.
• It was noted that site access information is going to need to be determined.
• It was also noted that Dam Safety thinks that the Town can easily get an extension for the work completion deadline, if needed.
• Commissioner DiOrio expressed that the Town should proceed as if there is site access.
• Town Attorney William Morgan noted that there is a statutory requirement to advertise a 30-day notice prior to site access, but the Town could request a waiver of that notice.
• Attorney Morgan added that the details fall under the eminent domain statutes. It was discussed that much of the site access would be on the Hunt property.
• Commissioner DiOrio noted that Duke Energy just did work on that property without access issues.
• Commissioner Doster asked if Council can direct staff to advertise the 30 day notice now and it was answered that this should be no issue. Commissioner Proctor expressed that there is no downside to approving both 9A and 9B. Other Council members agreed. It was noted that the Town’s matching funds are coming from the dam reserve fund. It was also noted that the Town and Schnabel will try our best to complete the work by September, but will apply for the extension in the future if necessary. Commissioner DiOrio asked if the funds have to be fully spent or just committed by September deadline and Manager Perkins answered that he would follow-up with Communications Director Laura Krejci.
• Ms. Krejci advised that Schnabel Engineering reported that they were tentatively targeting mobilization for drilling in late June or early July. That will allow them to complete the 9A scope by the end of September, with hopefully some float for weather, etc.
• The two biggest uncertainties are 1) driller availability/schedule and 2) property access. They are working to engage another driller relatively soon and be able to start in late June or early July.
• If we get started (with help from the Town) with access planning and property issues by April, then they are hopeful they can have all that resolved by late June or early July and not have that delay field activities.  
• Town Council approved Schnabel Work Order #9A and #9B for the purpose of Field Investigation Services for Replacement of Lake Lure Dam, which is being partially funded by a supplemental FEMA grant.  

VI. Ordinance No. 24-03-27 Amending the Capital Project Ordinance for the Lake Lure Dam Reservoir Drain and Approving Budget Amendment #370

• Town Council approved Ordinance No. 24-03-27 amending the Capital Project Ordinance for the Lake Lure Dam Reservoir Drain and Approving Budget Amendment #370.

VII. Navigational Safety Issue in Tryon Bay Circle

• There was a detailed discussion of the issues regarding the properties in question. 
• Attorney Morgan agreed to review the history of the property to determine if the lots were conforming or non-conforming.
• Town Council approved a motion to adopt the requirements for navigation safety and lake conformance review by the Lake Advisory Board and the Community Development Department in advance of the non-conforming structures at 00 Tryon Bay Circle.

VIII.   Revisit Resolution No. 23-10-10A Setting Guidelines for Administrative Approvals for Project Change Orders

• Town Council would like to see any change orders up to an amount of significance, with written notification from contractors as to why the change order is necessary.
• Town Council would like a lower numerical limit for Town Council required approval for change orders to clearly understand the basis for the change before approval.
• Town Council would like to see a revised resolution Setting Guidelines for Administrative Approvals for Project Change Orders at $100,000 or higher at the next Town Council Meeting.

IX. Discuss RFQ for Morse Park Improvements

• The Town continues to focus the Morse Park Master Plan and how to realistically achieve the overall plan through phases and improvements.
• In January of this year, Town Council adopted a resolution approving the use of available funds for the Morse Park Master Plan and approving reduced scope for current phase.
• The scope that the Town will be pursuing at this time includes parking expansion and improvements and public restrooms.
• These improvements will support the growth of Morse Park as future phases are completed.
• Current available funds include $884,050 in local funding which includes $200,000 grant from the NC Division of Water Resources, $26,000 Rutherford County Tourism Development Authority Trails grant, and $100,000 grant from RHI Legacy.
• The Town has $1,210,050 in available funding.
• The total estimated costs for the parking and restrooms is estimated to cost $1,209,970.
• Town Manager Hank Perkins has been working on a Request for Qualifications (RFQ) for the completion of this work.
• Manager Perkins plans to advertise the RFQ following Council review.
• There was a detailed discussion on the funding and the process. 
• There was consensus for support to advertise the RFQ.

X.  Project Manager Updates: Project Manager Mike Dydula was unavailable at the time of the meeting, but provided the following updates.

      1. Sewer System Replacement Project: 

• This was discussed in detail at the 3/25/24 Special Meeting.
• Michael Dydula will be touching base with Labella Associates and Ruby Collins end of this week to go over post-meeting thoughts.

     2. Reservoir Drain Project:

• The 3rd of 14th mass concrete pours occurred 3/24/24.
• Morgan Corporation will try to get the 4th one completed this Friday, 3/29/24.
• Currently reviewing electrical design package.
• As discussed could have schedule impacts.
• Waiting on commitment from Steel Fab on inspection and delivery date.
• A two-week look ahead and overall schedule is attached.
• He will be reaching out to Schnabel Engineering on how the flow of the river will be maintained when valves are closed and the Lake is down 20’.

     3.  Dredging: 

• Mr. Dydula has spoken to all but one last regulator on permitting requirements, DEQ’s DEMLR. He hopes to hear from them this week.
• Mr. Dydula will provide a report on permitting and steps required going forward.
• He advised that NC American Council of Engineering (NCACE) 404 group will require a permit for any dredging activity we are proposing.
• He is looking at how to utilize mechanical over hydraulic dredging to have easier access and keep costs lower.
• He estimates the best case may be to utilize next season's 20’ drawdown (depending on when and if that happens.)
• When Mr. Dydula gets the last permitting requirements he can solicit an RFQ for an Engineering Firm to resume dredging.
• Council questioned why a 404 permit is necessary for dredging and Manager Perkins expressed that Project Manager Dydula would need to answer that question.
• Council expressed that Sandy Haynes with LaBella Associates indicated that the Town has a permit for navigation dredging.
• Parks, Recreation, and Trails Coordinator Dana Bradley stated that she, LaBella, and Project Manager Dydula discussed holding a conversation with the Army Corp of Engineers because there was likely a misunderstanding in which they thought that the Town was going to mine the entire Lake, but Project Manager Dydula advised halting any discussions until he has more information.  
• It was discussed that a 404 permit is for a much larger project than we have planned.
• Coordinator Bradley expressed that she thinks that LaBella should proceed with discussions with the Army Corp and it was noted that Manager Perkins will facilitate this.
• It was discussed that there is a difference between targeted navigational dredging and expansion.
• There is a concern that the Town has presented a misconception to the Army Corp of Engineers and this needs to be resolved as soon as possible.
• Commissioner Doster asked if Coordinator Bradley could have more information within the next 10 days and Coordinator Bradley stated that she would work on it.
• Council reviewed what was discussed on Monday, 3/25/24 with Ruby-Collins including holding an operational test during the next drawdown when the reservoir drain valves are installed.  
• Mr. Perkins noted that during that time, if all permitting is in place, dredging operations could also occur when the lake is down 20 ft. and the lake bed is extra dry.
• It was noted that time is of the essence, especially for mechanical dredging.
• It was discussed that hydraulic dredging may need to be done as well, especially in order to perform maintenance dredging and to utilize the grant funding.
• It was also discussed that weather is a factor for mechanical dredging. 
• It was determined that a drawdown schedule needed to be determined by June.

    4. North Carolina Department of Transportation (NCDOT):

• Mr. Dydula will be reaching out next week to NCDOT and Dam Safety office on setting up a meeting to go over Dam/Bridge options.
• The goal is to have the 1st meeting next week. 

IX. Town Manager Updates: Mr. Perkins provided the following updates.

    1.  Lake Lure/Chimney Rock Village Gateway project: 

• This is the 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.
• As reported last month, the Town is still awaiting approvals of the grant request by the Rural Planning Organization (RPO) from the State Planning Office of the NCDOT.

     2. Green Space Planning: The project kick-off for the Green Space Master Plan has been scheduled with McGill for Thursday, 4/4/24.

     3. Lease Agreement at 2654 Memorial Highway (Old ABC Store): 

• Council met with both Paul Brock and Wade Oppliger and reviewed a final draft for the leasing of the building and portions of the adjoining property in Poole Creek Park. 
• They will be operating a concession agreement for non-motorized paddle activities.
• A final draft was arrived at by both the Town and the proposed Lessees and the Council approved a resolution that advised that the Town Council will be considering approval of the lease at its work session on Wednesday, 4/24/24.
• The notice was required to be made at least 30 days ahead of the date that Council would consider approval of the last as it is a lease of 10 years total in length.
• The Town received one of the Certificates of Insurance

     4. Workforce Housing:

• The Town has been involved with workforce housing as an initiative and we have had numerous meetings with various individuals who have an interest or a stake in future discussions of workforce housing.
• Community Development Director Michael Williams and Mr. Perkins met with Neil Gurney from the Gateway Wellness Foundation on Thursday, 2/29/24 for the review of prospective site locations in Lake Lure for a potential project. Mr. Gurney has returned a report on his initial review of the project sites discussed and staff is currently providing some preliminary review.
• Next steps are to meet with the Mayor to review the property assessment. 

     5. Water System Asset Inventory and Assessment (AIA): 

• Lake Lure has received the initial grant offer.
• The town is working on a scope of the work to be performed under the Division of Water AIA Grant that is currently being reviewed by the NCDEQ.
• Once this is done and we receive approval of this, the state will issue the “funding offer” and information package for our signature and approval.

     6.  Lead Service Line Inventory: 

• The Town is still awaiting official offer of funding from the state for the lead service line funding.
• Town Council has previously tentatively approved a task order with LaBella Associates for the work to be conducted under the inventory phase.

     7. Parks, Recreation, and Lake Director Advertisement

• The job advertisement for the Director position was completed.
• Following the mandatory internal posting requirement, the Town advertised the position with the NCLM League “League Letter, NC Works, The NC Association of County Commissioners, and Indeed. 
• The position is also posted on the Town Website and Facebook. 

X. Discuss the Comprehensive Plan:  There was a general discussion regarding the findings of each person's review which will be ongoing. 

XI. Closed Session: There was a closed session, in accordance with G.S. 143-318.11(a) (6), for the purpose of discussing personnel matters.

XII. Adjournment: The meeting was adjourned.