Town Council Special Work Session Meeting Summary - Monday, August 01, 2022

Thank you to all who joined us for the Special Town Council Meeting and Public Hearing on Monday, August 1, 2022, at 11:00 AM in Municipal Hall.  You may download 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. 

The purpose of this meeting is to address the following agenda items:

I. Call to Order: Mayor Pritchett opened the meeting and welcomed everyone in attendance.

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

III. Chimney Rock Village Water and Sewer Systems Discussion: Representatives of Chimney Rock Village, Mayor Peter O'Leary and City Administrator Steve Duncan were present to discuss the status of the Chimney Rock Village water and sewer systems, and the relationship between Chimney Rock and Lake Lure in regard to the two utility systems. Brian Houston, PE, with LaBella Associates was also present to join the conversation and provide input with NC Department of Environmental Quality (DEQ) Division of Water Infrastructure (DWI) Representatives: 

• Ken Pohlig PE, PhD, SRF Wastewater Unit Supervisor
• Victor D’Amato, DEQ DWI Viable Utilities Unit (Virtual attendee) 
• Linda Culpepper, DEQ DWI Viable Utilities Unit. (Virtual attendee)

Town Manager Hank Perkins provided information for attendees from NC DEQ, Chimney Rock Village, and LaBella Associates regarding the Chimney Rock Village (CRV) water and sewer systems. Mr. Perkins explained that if Chimney Rock and Lake Lure merged systems, each entity would be eligible for applying for additional $15 million in ARPA funding. Manager Perkins noted that Chimney Rock Village representatives have expressed that they would like to discuss merging their sewer system, but not their water system. Chimney Rock Village Administrator Stephen Duncan shared that he is going to send the Town of Lake Lure specific requests for water, with a request for 10 year contract, and repair or equipment cost items.

There was a lengthy discussion regarding the matter including a discussion about an interlocal agreement between Lake Lure and Chimney Rock Village and options for applying for individual and/or joint applications for future funding to support the sewer system.  Up to $30 million is available if there is a joint application.  Mr. Houston asked if one or two applications are needed and Manager Perkins expressed that he thinks that one application for $30 million for the merged systems should work. Mr. Pohlig noted that having two separate resolutions from each entity both agreeing to an interlocal agreement would be beneficial, and better than a joint resolution. Mr. Pohlig also noted that it would be good for the resolution to mention the intent to merge.

There was consensus from Council to proceed as discussed during the meeting. Manager Perkins and Mr. Duncan agreed to begin drafting an interlocal agreement.

IV. Lake Drawdown Preparation: Manager Perkins noted that the Town received a list of recommended equipment the Town should purchase to support the upcoming work on the sewer system replacement project.  Public Services Director Dean Lindsey stated that he is still in the process of obtaining quotes, but noted that the crucial items to procure this year include a Track-O, loader, and barges. Director Lindsey noted that the Town may keep the 10 x 40 barges, but can sell others after construction is complete. Manager Perkins noted that the procurement of some barges will be necessary this year while in the boring phase, but not all equipment will be necessary until the GLS begins. Director Lindsey stated that he is obtaining quotes only for phase one at this time.  The Town should be able to use funding from the American Rescue Plan Act (ARPA) for these purchases according to Mr. Houston.

Mr. Houston noted that the only remaining requirement for the work taking place in upcoming drawdown is DEQ permitting. He advised that the Town does not need to have wait for permitting and may proceed with notifying identified residents regarding the upcoming work that is scheduled for 2023.  A communications package has been developed and will be shared with the 23 identified property owners who will need to remove their boats for the upcoming drawdown. Mr. Houston noted that a permit application for the project this drawdown will be obtained at the end of August, which will allow four months for DEQ to review without existing regulations and award a permit.  

There was a discussion about the deep water ramp that is planned.  Parks, Recreation, and Lake Director Dean Givens explained that permitting has been obtained for the land portion of the ramp, but not for the underwater portion. Director Givens also noted that the lake has to be drawn down in order to fully construct the ramp, so his plan is to construct the ramp down to 12 feet, and then complete the ramp when the Town has the ability to draw the lake down to 20 feet, after the reservoir drain is installed. 

V. Closed Session: In accordance with G.S. 143-318.11(a) (3) for attorney-client privilege or legal claims and in accordance with G.S. 143-318.11(a) (5) for the purpose of discussing property acquisition.

VI. FEMA Grant Opportunities for the Replacement Dam:  Communications Director Laura Krejci explained that the Town has applied for two 2022 FEMA grants for the High Hazard Potential Dam grant program. Director Krejci detailed that one grant is for 30 percent of the Lake Lure Replacement Dam using the FY22 Annual Appropriation.  The second project is for construction costs associated with the Reservoir Drain Installation from the Infrastructure Investment and Jobs Act Funding.  Both projects require a 35% match from the Town; however, funding levels for NC Dam projects is unknown at this time.  Director Krejci also noted that the Town was encouraged to submit an application regarding construction because FEMA is now allowing construction grants and that is the second grant recently applied for. Director Krejci explained that the reservoir drain will require construction funds. Council was provided with a synopsis of projects. It was noted that if the Town must proceed with the projects before acquiring FEMA funding, the Town can do so and rescind applications. Director Krejci explained that she was advised that the construction grant will likely be for about $500,000, but the amount is dependent upon how much money is allocated to NC Dam Safety and how many grant applicants there are.

VII. Lake Lure Green Space Discussion: Manager Perkins noted that feedback has been received regarding the current maintenance of the Lake Lure Green Space. There was a discussion about maintenance of the space moving forward including the need to ensure curb appeal.  It was decided that mowing should take place from the first tee box to the crosswalk. There was consensus from Council that the Parks, Recreation, and Lake Department will work with Manager Perkins in the future to make any other determinations regarding maintenance of the Lake Lure Green Space.

VIII. Dredging Update: Director Givens reported that dredging is still underway and that the Town has dredged around 42,000 cubic yards of sediment out of the lake since January 1, 2022. Director Givens also reported that the Town has spent around $490,000 towards the $1,000,000 grant received this year and the Town will apply for a 2023 dredging grant in November for $1 million.  A 25 percent match is required regardless of the award amount. He reported that the mining permit has been approved, but a bond must be sent in order to fully obtain permit.  The mining permit will allow for the Town to mechanically dredge through excavation.  The current plan is begin the excavation near Morse Park.  More excavation can take place when the lake is able to draw down further.  

Director GIvens updated Council on the Temporary Dredging Easements from Chapel Point Road property owners and that 11 of the 12 property owners had submitted the easement, but one property owner could not be reached in any capacity. It was noted that the Town has been advised to proceed with operations without the remaining easement.

IX. Firefly Cove Water System Discussion: Manager Perkins explained that Director Lindsey had been working on the Firefly Cove water system issues up to date.  He detailed the issues with the Firefly Cove water system and explained that they had escalated to the point of needing an engineer to get permitting to resolve issues. LaBella Associates is willing to work with the Town and the state on obtaining permitting necessary for making improvements. Director Lindsey explained that the system is running at this time, but the refilling of the tank is very slow and it will take time to get to normal tank levels and satisfactory pressure.  

X. ADNS Wi-Fi Network Changes and Upgrades Discussion: Director Lindsey reported that quotes had been obtained for updated.  Manager Perkins advised that a budget amendment will be included on the agenda at the next regular meeting to upgrade the system to meet staff needs.

XI. Pool Creek Bridge Lighting Project Update: Director Lindsey reported that he is awaiting a response from NCDOT regarding engineering approval to allow the Town to replace the Pool Creek Bridge lights. There was a discussion regarding options for repairing/replacing the lights including an offer from Lake Lure Properties to help the Town complete this project. Manager Perkins reported that he had recently spoken with Mr. Wittmer who confirmed that his company, Lake Lure Properties, will work with Town.  Manager Perkins agreed to follow up with Mr. Wittmer about moving forward with the project, following a response from NCDOT.

XII. Communications Tower Update: Community Development Director Michael Williams noted that additional letters from Lake Lure residents have been sent to the state regarding the support and necessity of the communications tower. Director Williams explained that Tillman Infrastructure would like to go to the state to request a monopole rather than their recommendation for a stealth tower. It was noted that the Town has supported the efforts of Tillman Infrastructure and that the company hopes to receive a response from the state within a few weeks. Director Williams explained that Tillman Infrastructure is working for AT&T and ensured Council that AT&T has expressed that the company still wants to pursue the tower. Director Williams concluded that the communications tower is now expected in the first quarter of next year.

XIII. Community Development Department Updates: Director Williams reported that the Community Development Department is partially in the new office in the former bnk space in the Arcade Building.  Work is still being done to complete the move, including the internet access and phone system upgrade mentioned earlier.  Director Williams explained that he is going to move Town documents that are currently located Public Works to the new Community Development offices vault and will work with Town Clerk Olivia Stewman on retention and disposition efforts. Director Williams noted that the department’s technological devices are in the new office building, but Internet is very weak and ADNS will be helping resolve this issue. Williams stated that he is going to contact PANGAEA as well.  It was noted that the Town can go proceed with the purchase of upgrades for Community Development without Council approval because the cost does not exceed $5,000.  Additionally, Director Williams reported that he is working to begin the process of hiring the previously approved Zoning and Code Enforcement Specialist.

XIV. Project Manager Search Update: Manager Perkins provided Council with a tentative calendar and timeline for hiring the Project Manager.  He explained that various outside sources will be used to recruit qualified candidates an that he will be reaching out to qualified candidates via email and phone. Manager Perkins concluded that the Town is expected to have hired the Project Manager by October.

XV. Lake Advisory Board Member Appointment: Commissioner DiOrio paid respect to Bill Bay, whose passing lead to a vacancy on the Lake Advisory Board (LAB). Commissioner DiOrio recommended the appointment of Richard Sayles to the LAB and he was unanimously approved.

XVI. Adjournment: The meeting was adjourned at 2:32 PM.