Town Council Work Session Meeting Summary - Wednesday, April 26, 2023

Lake Lure in all four seasons with Lake Lure Town Hall in the Center

Thank you to all who joined us for the Town Council Work Session on Wednesday, April 26, 2023, at 8:30 AM in Municipal Hall.  The following is a summary of the meeting for those who could not attend. You may download a copy of the meeting packet for further details.  Please note that this is a summary and formal minutes from this meeting will be included in the following month's meeting packet.  

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

II.  Agenda Adoption: One agenda item was added to the agenda which has been updated below.

III. Review Draft Procurement Policy:  Town Manager Hank Perkins presented a draft Procurement Policy.  There was a lengthy conversation about the need to refine the existing policy and he asked everyone to review the new draft. There was a discussion regarding the procurement of products and services to support Town projects. Project Manager Mike Dydula provided examples of the types of procurements that are being made and the state guidelines and general statutes that we must follow to utilize state funds as well as grant funds. The new draft policy incorporates these requirements.

IV. Review Draft Card Policy: Town Manager Perkins presented a draft of the new Credit Card Policy and Purchase Requisition Form.  He welcomed input from Town Council on this process and the draft policy.

V.  Review Proposed Amendments to the Rules of Procedure for the Lake Lure Town Council: Town Attorney William Morgan presented proposed amendments to the rules of procedure for the Lake Lure Town Council.  He reviewed the 2001 procedures manual and the proposed amendments based on the current Town Council operations.  He advised that these amendments came from State statutes. There was a conversation about the various elements and Mayor Pritchett thanked Mr. Morgan for his efforts.

VI.  Discuss Dredging Contract: Town Manager Perkins explained that the contract for dredging has expired. Town staff recommends entering into a new dredging agreement following the administration of proper and legal bidding procedures.

VII. Discuss Budget Schedule: Town Manager Perkins reviewed the FY 2023-2024 Budget Calendar and Council budget review which will begin in May. There should be at least one Council budget meeting in May and staff is requesting that Council determine an appropriate date to hold such meeting. Additionally, a public hearing for the proposed budget should take place at the June 13th regular Council meeting.

The following dates are to be confirmed:

  • Preliminary Budget Meeting – week of May 15th: To be confirmed
  • Subsequent meetings (if necessary) – week of May 24th: To be confirmed

Finance Director Steve Ford advised that Rutherford County is still confirming the final property tax figures. They hope to confirm these figures by 5/1/23.  Town COuncil discussed the fact that the Town must create a revenue-neutral budget. Town Council cannot hold a Public Hearing on the budget until the "mil" rate is finalized. (The mill levy is the "tax rate" that is applied to the assessed value of a property. One mill is one dollar per $1,000 dollars of assessed value.)  It is anticipated that the Town will have a mill rate on 5/1/23.  It is possible that the re-evaluations could change at the County level after this date but the Town may not know this prior to the May meeting dates.  It was recommended that the Town schedule the Public Meeting at the latest possible date in June to accommodate these changes, should they occur.

VIII.  Video Production Update: Communications Director Laura Krejci explained that the Town of Lake Lure originally proposed a series of timeless professionally produced videos on the following topics: 1. Lake Use Regulations 2. Boater Safety 3. Town Board Guidelines and Responsibilities.

There was a delay in finalizing the script for the Lake Use Regulations. Some have suggested that the video on this topic may no longer be relevant. A suggestion was made to combine the first two videos on the salient points on why the Lake use Regulations were revised along with the key Boater Safety points. Commissioner DiOrio drafted the attached script for this video.  We wanted to discuss this with Town Council to ensure everyone concurs with this recommendation.  Town Council concurred with this plan and it is hoped that the videos could be produced before the end of the Fiscal Year.

IX.     Discuss Land and Water Conservation Fund (LWCF) Grant: Town Manager Perkins explained that the Town received a Land and Water Conservation Fund (LWCF) grant in 1988 and it was recently determined that the Town has been non-compliant with the fund guidelines due to the construction of Town Hall on land designated for recreational use per the LWCF grant. Town staff reached out to the North Carolina Department of Natural and Cultural Resources (NCDNCR) for guidance regarding compliance and the NCDNCR recommended property conversion which entails exchanging the noncompliant Morse Park location for an alternative town location with similar value to be designated for recreational uses following LWCF guidelines. The Town also discussed the need to declare the original amenities obsolete.  Discussions and negotiations with NCDNCR until the issue is resolved. 

X.  Review Rumbling Bald Request to Rearrange the Placement of the Cluster Mooring Located on the Northwest end of the Lake: Community Development Director Mike Williams advised that Rumbling Bald Resort has requested to be allowed to reconfigure the arrangement of their approved cluster mooring on the northwest end of the lake. General Manager, Jeff Geisler noted that the request is due to the sediment fill issues on the north end of the mooring area and to improve wake issues in the mooring area. The cluster mooring was approved by Town Council in 2011.

In 2022, a temporary reconfiguration was approved by Director Dean Givens due to accessibility issues due to their dredging project delay. The current reconfiguration has been reviewed by Dean Givens, who referred it to Community Development Director Mike Williams as Lake Structure Administrator. The February 9, 2011 cluster mooring approval stated “No additional slips to be added. Any additional expansion of marina must have approval by Town Council.” The Community Development Department has reviewed the proposal in light of Section 6-59 “Cluster Mooring Facilities” of the Town Code of Ordinances and the February 9, 2011 permit conditions and finds no reason for not allowing the proposed cluster mooring reconfiguration.  Mr. Williams recommends that Town Council vote to adopt the recommended proposal to provide Rumbling Bald Resort to obtain the Lake Structure Permit required for this change.

XI.     Review Zoning and Planning Board Recommendation for Amending Article III Section 6-48 and Adding 6-52(b) of the Building and Building Regulations: Community Development Director Mike Williams explained that the Community Development Department has reviewed the proposal in light of Section 6-59 “Cluster Mooring Facilities” of the Town Code of Ordinances and the February 9, 2011 permit conditions and finds no reason for not allowing the proposed cluster mooring reconfiguration. He recommended that Town Council vote to adopt the recommended proposal to provide Rumbling Bald Resort to obtain the Lake Structure Permit required for this change. 

XII.    Review Zoning and Planning Board Recommendation for Doubled Permit Fees for Project Started Without Permits: Community Development Director Mike Williams shared that the Zoning and Planning Board has approved a recommendation for language regarding doubled permit fees for projects started without permits. Community Development will review the Zoning and Planning Board recommendation and Council will provide input as needed.

XIII.  Discuss Drain Valve Installation Bid: Project Manager Mike Dydula explained the state and local rules and regulations for the Lake Lure Dam installing the reservoir drain valve. He advised that the Town has completed the bidding process for the installation of the reservoir drain valves and received two bids from two companies, Morgan Corporation and Kiewit Corporation. Morgan Corporation was the low bidder at $7,462,660 while Kiewit’s bid was at $9,680,800. Town staff has been reviewing the bids with Schnabel Engineering, the Town's Dam Engineer, and there has been discussion with financial partners such as FEMA. The Town and Schnabel Engineering will meet with Morgan Corporation next week to hold more in-depth discussions in regard to their bid. Both contractors advised that the earliest they could begin their work is April 2024.

This timeline means the lake will only be drawn down 12 feet next winter.  The next step is to ask Ruby Collins to assess the work that can be done at the 12 feet drawdown level.  This information is needed before the end of June.  Town Council will then make a determination about the drawdown schedule.    

XIV.   Discuss Horizontal Directional Drilling (HDD) Project: Town Manager Perkins explained that the Town did not receive any bids in the second attempt to advertise for the Horizontal Directional Drilling (HDD) Project. Town staff and LaBella Associates will be assessing alternative project delivery methods.

XV.    Project Updates: Project Manager Dydula explained that the Town may need to add a change order on our contract with Ruby Collins to allow for design-build, as needed, as we proceed with their work.

XVI.   Town Manager Updates: Town Manager Perkins advised that he hopes to have the information on the appraisals for the Green Space and the ABC space. He also advised that the easements for the HDD project are moving along.  Several easements have been executed. 

Finance Director Ford provided an overview of the current budget and provided a detailed status of each account. 

XVII. Closed Session in Accordance with G.S. 143-318.11(a) (3) for Attorney-Client Privilege.

XVIII. Adjournment: The meeting adjourned.