Town Council Special Work Session Meeting Meeting Summary from November 30, 2022
Thank you to all who joined us for the Regular Town Council Meeting on Wednesday, November 30, 2022 at 8:30 AM in Municipal Hall. You may download a copy of the meeting packet. The following is a summary of the meeting for those who could not attend. The minutes from this meeting will be included in the following month's meeting packet.
I. Call to Order: Mayor Carol Pritchett called the meeting to order.
II. Agenda Adoption: The agenda was revised as noted below.
III. Discuss 2023 Fireworks: There was a discussion regarding the history of holding fireworks in July. The Chamber and the Town have each coordinated the event over previous years. The Chamber asked to host the event in the past two years but would now like the Town to coordinate the event moving forward. It was noted that the Town and Rumbling Bald have rotated the date for hosting the event on alternating years shifting from 7/3 and 7/4 each year. Town Council discussed the impact the event had on local businesses that were already at capacity on these dates without the fireworks event. Some members noted that the event actually created a hardship for some businesses. Town Council discussed shifting the fireworks to another date when Town was not already so busy, like the winter season. Town Manager Hank Perkins will get input from staff and make a recommendation regarding an alternate date.
IV. Ordinance No. 22-11-30 Amending Capital Ordinance No. 22-01-11. Town staff has determined that it is necessary to amend Capital Project Ordinance No. 22-01-11 for the purpose of adding $950,000 to the design/engineering expenditures, adding an expenditure line item for $50,000 for loan origination fees, adding an expenditure line item for $750,000 for equipment, and adding a revenue line item for $1,750,000 for general fund/reimbursable state funds.
The Town Manager and Finance Director led a discussion regarding this matter. Town Council adopted Ordinance No. 22-11-30 Amending Capital Project Ordinance No. 22-01-11.
VI.Ruby-Collins Contract Amendment: Ruby-Collins has requested the following amendment. The purpose of this amendment is to carry forward the Phase 1 GMP discussions completed in June of 2022 and allow the Project Team to attempt casing bores beneath the docks in some areas of North SS1. All the work associated with this activity is to be completed in accordance with the approved plans referenced above. In June of 2022 and at the finalization of Phase 1 GMP discussions, the Team agreed that it would benefit negotiations and help firm up future pricing by working together to discover a means and methods that allowed the installation of the new sewer line, and a “best way” to navigate the conflict between the new sewer line and the existing boat docks. Specific docks have been selected and defined in previous communications and have been chosen for their ability to best allow success at the 12-foot water draw down level. The casing bores for this work will begin around January 01, 2023, and work within the window of January 01, 2023, to March 31, 2023. Together, all parties including the Town of Lake Lure, Labella, and RubyCollins have decided to pursue the cost of this work via an open book approach. The meeting packet outlines the guidelines for the open book cost.
V. HDD Bid Update: Town Manager Perkins advised that the Town was scheduled to receive bids on the HDD Project on October 12th. Ultimately, no bids were received. At this time, there are plans to re-advertise bids for the HDD project at the beginning of 2023.
VI. Centrifuge Discussion: In accordance with LaBella Associates, the Town planned to obtain a centrifuge for the Wastewater Treatment Plant in order to assist with sludge removal. Originally, the estimated cost for the centrifuge was about $800,000. LaBella has since notified the Town of a significant increase to obtain a centrifuge, which is now estimated to cost about $1.9 million. Town Manager Perkins l a discussion regarding this information and the fact that we have a pending grant with ARPA and we do not currently know if this funding will be available. Public Services Director Dean Lindsey provided input regarding this matter. Town Council asked that a cost-effectiveness analysis could be completed to determine if it might be wise to consider purchasing the bell press equipment verses leasing it.
VII. Camera Updates: Public Services Director Lindsey lead a discussion regarding the possible purchase and installment of a new security camera system for various Town owned facilities. There was a question as to whether or not a portion of the cost could be reimbursed through ARPA funds since it would be utilized for the sewer/WWTP facility. Director Lindsey provided Council an update regarding the work he has done to determine if the camera system can be funded through ARPA. We are still awaiting confirmation.
IX. Lake Structure Ordinances Discussion: Community Development Director Mike Williams advised that during their November 15th meeting, the Lake Structure Appeals Board denied lake structure variance request #2022003. The requested variance was to keep a lake structure at 18’ tall instead of conforming to the required 15’ height limitation. The upland property is addressed at 179 Dogwood Dr., Lake Lure, NC (Parcel #1633621) and is located in the Residential 3 Zoning District. The property owner’s engineering firm, Odom Engineering, has requested that an appeal of the variance denial take place at the next Council meeting. Per Code of Ordinances Section 6- 62(i), “decisions of the lake structure appeals board shall be final unless appealed by the applicant or an affected property owner to the town council within 30 days of such decision. The town council shall hold a hearing on the record within 45 days of the appeal, and the council’s decision shall be final.” Details related to this matter are included in the meeting packet. Community Development Director Williams advised that this item will be included in the agenda for the 12/13/22 Town Council Meeting.
X. Review Proposed Ordinance Amending Lake Structure Regulations: Commissioner Doster advised that at the November Zoning and Planning Board meeting, there was a question as to which board advises on the Lake Structure ordinances and whether or not the Marine Commission or Town Council has final approval of the Lake Structure ordinances. Upon research, the Town Clerk found that the Lake Advisory Board had advised on Lake Structure regulations in the past. Town Attorney William Morgan noted that the Town Council adopted the Lake Structure ordinances, so any amendments thereto would be a Council decision. Additionally, Attorney Morgan explained that since the regulations are styled as planning and regulation of development, he believes that any changes would require planning board input and a public hearing prior to adoption. There was a Council discussion on the subject. Commissioner Doster will go back to the Zoning and Planning Board to confirm that if future matters come up, they should consider the issue and then ask the Lake Advisory Board if there are related issues. Zoning and Planning would then make a recommendation to Town Council for approval.
Per Town Attorney William Morgan, the Town needs to amend the Lake Structure regulations in the Code of Ordinances to codify the authority granted to the Town by the General Assembly to control the location of pilings driven into the lake bed, some of which will require relocation during sewer installation. Attorney Morgan has provided the Town with a proposed ordinance amending the Lake Structure regulations for the purpose of codification.
XI. Discuss Amending Chapter 30 Traffic and Vehicles of the Code of Ordinances: Town Attorney William Morgan recommended that the Town amend the Town Code to clarify that parking violations be treated as civil citations as opposed to misdemeanors, which the Town is not allowed to do, or infractions which involve the DA's office. Attorney Morgan suggested that by doing so, the Town can keep the civil penalties collected whereas charging them as infractions means that any fines collected must be turned over to the local Board of Education per the NC Constitution. Police Chief Humphries provided input and recommends that the fine for such citations stay around $50. Chief Humphries also recommended that the Town not provide an appeal process to avoid any conflicts of interest caused by the size of the department. Attorney William Morgan drafted ordinance language based on his legal advice and the recommendations of Chief Humphries.
XII. 20' Drain Project Update: Town Manager Hank Perkins and Communications Director Laura Krejci advised that they recently spoke with Jonathan Pittman, PE, with Schnabel engineering to receive an update in regard to the timeline of the 20’ drain project and associated FEMA grants. Per Mr. Pittman, the drain valves which will allow the Town to drain the Lake 20’ are on track to be delivered in the upcoming spring. Bids for the installation of the two valves should be advertised at the beginning of 2023 and the goal is to have the valves installed by the end of summer 2023.
There is a concern in regard to the timeline of the FEMA grant for field work, as FEMA must complete an environmental review through the NC Historical Preservation Office before disbursing the funds to the Town. However, the Town must proceed with contracts in order to remain in accordance with set timelines. Thus, FEMA may not be complete with the environmental review before the time in which the Town must execute contracts for valve installations. Communications Director Krejci provided an overview of the three pending FEMA grants. There was a recommendation to hold a follow-up face-to-face meeting with the Dam Safety Office to give them an update on our plans and timelines so they can help support timely approvals moving forward.
XIV. Resolution No. 22-11-30 Reversing Budget Amendment #345:
XV. Discuss Financial Reports: Finance Director Stephen Ford discussed financial reporting with Council. Director Ford asked Council for their input as to the details that they would like to see in his financial reporting. There was a general discussion and Council will consider this request and advise any additional information requested.
XVI. Review Budget Calendar: Finance Director Ford and Town Manager Perkins led a discussion on the proposed 2023 Budget Calendar. The 2023 Budget Calendar will be adopted at the December 13th regular Council meeting.
XVII. Review Division of Water Resources Development Grant Resolution and No Conflict of Interest Certification: The North Carolina Division of Water Resources offers a development grant that the Town of Lake Lure plans to apply for to help with funding the Morse Park Master Plan Phase I. The grant application will require Council to adopt a resolution and approve a no-conflict of interest certification. Action for the two items will be taken at the December 13th regular Council meeting.
XVIII. Review 2023 Town Council Meeting Schedule: Council reviewed the proposed 2023 meeting schedule and discuss any potential changes. The 2023 Town Council meeting schedule will be presented and adopted at the December 13th regular Council meeting.
XIX. Discuss Council Retreat Details: Town Manager Hank Perkins and Council discuss details in regard to the Council planning retreat and set a tentative date for 1/11/23 at 8:30AM.
XX. Discuss Board Presentations: Town Manger Perkins advised that the Lake Lure Advisory and Statutory Board Handbook states that board chairs should present an annual report and proposed goals/objectives to Town Council during the regular December Council meeting. The Handbook outlines the requirement of the presentations. Town Clerk Olivia Stewman has sent a reminder to all board chairs to prepare and present their board’s annual report at the December 13th regular meeting.
XXI. Project Manager Search Update: This matter was discussed in closed session.
XXII. Closed Session: In accordance with G.S. 143-318.11(a) (3) for attorney-client privilege.
XXIII. Adjournment
