Lake Lure Town Council Work Session And Action Meeting Summary - Wednesday, January 22, 2025

The Town of Lake Lure held the Town Council Work Session and Action Meeting on Wednesday, January 22, 2025, at 8:30 a.m. The meeting was held at the Lake Lure Fire Department at 625 Memorial Highway. The public was invited to attend. 

The following is a summary of the meeting for those who could not attend.  For questions, please contact Communications@townoflakelure.com.

Note that these are not formal minutes.  The minutes of the meeting will be included in the following month's Town Council meeting packet. 

I. Call to Order

Mayor Carol Pritchett called the meeting to order. 

II. Agenda Adoption

The meeting agenda was adopted as posted. 

III. Mayor’s Communication

The Mayor thanked everyone front their attendance.

IV. Town Manager's Communication

Town Manager Olivia Stewman reported that the Foothills Regional Commission is resuming the effort to assist the Town with the Comprehensive Plan.  The tentative plan is to begin work in late spring - early summer. 

Ms. Stewman advised that Brian Houston was attending the meeting today to provide an update on the projects he has been working on at LaBella Associates.

• Mr. Houston provided an update on the various projects he has been working on for the Town including the belt press and other equipment needed for the waste water treatment plant.
• He is also working on the manholes in Firefly Cove. 
• His team just completed the field work for the sewer system Asset Inventory and Assessment (AIA).  They are working to confirm Town Property and existing easements throughout the system.
• The AIA system will be an outstanding resource but all updates need to be entered into the system via GIS to ensure it is always current. Public Services Administrative Support Specialist and GIS Technician
  Meghann Pitts is assisting with this and Hydro-electric Utilities Technician Bailey Graeper is her deputy/back-up.
• The Town needs to ensure information on lead pipes is posted. Mr. Houston will ensure Communications Director Laura Krejci has this information. 
• Easements are still being pursued for the West-end sewer system project.  Letters have been drafted and will be going out very soon. 
• Town Council asked Mr. Houston to present updated Task Orders at the next Town Council Meeting. ARPA funding will be utilized to fund the design work so projects can continue to move forward.
• Their contract is in place through January 2026.  Tri-weekly calls will be used to ensure close coordination on projects.

Ms. Stewman and Town Council asked ICF (Management/Funding Consultant) for clarification on FEMA reimbursements. There was a discussion regarding funding potential for various projects. 

V. Consent Agenda

A. Approval of December 2024 Minutes

• The minutes were approved.

VI. Unfinished Business

There was no Unfinished Business.

VII. New Business

A. 121 Anglers Way request to demolish boathouse, Seawall, and stabilize the shoreline.

• Development and Environmental Review Specialist Richard Carpenter advised that he issued a notice of violation & condemnation order on May 22nd, 2024.  This order was issued after the lake structures were condemned by the council.  The property owners failed to act within the 90-day repair/demo timeframe. On August 13th, the property owners requested an extension from council to repair the structures.
• However, no repairs were made, and the owners have ceased communicating with town staff. This extension ended on 10/13/24. Staff have requested, and received, an estimate from Jay Freeman to demolish the boathouse, seawall, and stabilize the shoreline with rip-rap over geotexture fabric. The proposed cost for the demolition of the boathouse, seawall, and the remediation of the shoreline is $26,000.
• Town Council discussed this and noted that they had previously approved an extension hoping that this work was completed.  They approved the request to demolish boathouse, Seawall, and stabilize the shoreline at 121 Anglers Way.

B. 121 Anglers Way request to seek injunction relief.

• Mr. Carpenter explained that the property located at 121 Anglers Way has been under constant violation since 2022. Per the ordinance:
  • Whenever the Town council has reasonable cause to believe that any person is violating or threatening to violate this article or any rule or order adopted or issued pursuant to this article, or any term, condition, or provision of an approved erosion control plan, it may, either before or after the institution of any other action or proceeding authorized by this article, institute a civil action in the name of the town for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the superior court of the county.
  • He advised that Town Council may require a person who engaged in a land disturbing activity and failed to retain sediment generated by the activity, as required by G.S. 113A-57(3), to restore the waters and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by sedimentation. This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this article. (b)Notice of lis pendens. Upon the issuance of a complaint and notice of hearing pursuant to this section, the inspector may cause the filing of a notice of lis pendens, with a copy of the complaint and notice of hearing attached thereto, in the office of the clerk of superior court of the county, to be indexed and crossindexed in accordance with the indexing procedures of the state general statutes. The inspector shall cause a copy of the notice of lis pendens to be served upon the owners and parties in interest in the dwelling at the time of filing in accordance with G.S. 160D-1206, as applicable. Upon compliance with the requirements of any order issued based upon such complaint and hearing, the inspector shall direct the clerk of superior court to cancel the notice of lis pendens.
• Mr. Carpenter explained that he does not believe that this situation will be resolved if left to the homeowner(s) to remediate. He recommended the following:
  • 1. Allow staff to initiate the lis pendens process. Staff will move forward with the next phase of code enforcement to either have the dwelling repaired or removed.
  • 2. Require the property owner to restore the waters and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by sedimentation.
  • 3. Institute a civil action in the name of the town for injunctive relief to restrain the violation or threatened violation.
• Property Owners Timothy and Alyson Garner shared an extensive overview of their perspective on the situation and Town Council listened and asked for some clarification before making their decision.  
• Town Council approved the three staff recommendations above. 

C. 121 Anglers Way request to appeal citation issued.

• Mr. Carpenter advised that he issued a notice of violation on January 4th, 2024. This NOV was issued after all permits were revoked due to substantial deviation from approved plans, and failure to obtain compliance. The most recent citation was issued for failure to obtain permits prior to undertaking land disturbance. Staff observed land disturbance on-site that destabilized existing slopes and destroyed erosion control. This un-permitted disturbance has led to sediment runoff into the waters of Lake Lure. The citation was in the amount of $5,000.
• Property Owners Timothy and Alyson Garner were given five-minutes to present their appeal. 
• Town Council denied the appeal. 

D. Review Damaged Lake Structure List

• Community Development Director Mike Williams advised that he was in the process of compiling a list of lake structures that were damaged from Hurricane Helene.
• He advised that this was not a complete list and reported that he will provide updates as this assessment continues.
• He reported that his Department was in the process of contacting all structure owners.
• The partial list of structures is included on pages 41-43 of the Town Council Meeting Packet.

E. Consider Approval of Proposed Updates to Organizational Chart

• Ms. Stewman presented a proposed to re-structuring of the Parks, Recreation, and Lake Department and the Public Works Department, and to combine various positions when deemed reasonable.
• She advised that training had taken place and the revised structure seemed to be working well. 
• Town Council approved the updated Organizational Chart shown here. 

F. Review Board Openings and Active Applications

• Upcoming Board vacancies are as follows:
  • ABC Board – 1
  • Board of Adjustment/Lake Structure Appeals Board – 3
  • Lake Advisory Board – 2
  • Parks & Recreation Board – 1
  • Zoning and Planning – 2
• Town Council will be reviewing the applications submitted and will vote on the Board Membership at the February Town Council Meeting.
• Appointments will be made during the February Regular Town Council Meeting and new terms will begin on March 1, 2025.

G. Consider Selection of Hager Strategic Solutions for Lobbyist Services and Authorization for Manager to Negotiate Agreement

• The Town solicited proposals for lobbying/governmental affairs services. Such services would be beneficial for obtaining funds and advocating for policy needs.
• The Town received three proposals and Hager Strategic Solutions was identified as the top contender.
• Mike Hager, President and Founder of Hager Strategic Solutions attended the meeting and provided an overview of his background and intensions for supporting the Town of Lake Lure.
• Town Council approved the selection of Hager Strategic Solutions as the new lobbyist for the Town and authorized the Town Manager to negotiate an agreement.

H. Review and Consider Approval of Schnabel Work Order 11B

• Ms. Stewman advised that Schnabel Work Order 11B is for a continuation of our on-call professional engineering services associated with response and recovery efforts to Hurricane Helene at Lake Lure Dam. Work Order No. 11A is an existing agreement Schnabel for on-call professional engineering services at the Lake Lure Dam. This proposal is intended to be a supplement to that existing work order. This includes engineering services, general consultation, left abutment repairs, and right abutment stabilization and access roads for powerhouse and substation. This work order is billed on time-and-materials basis and the initial estimated cost is $250,000.
• There was a brief discussion and Town Council approved Schnabel Work Order 11B. 

I. Review and Consider Approval of Schnabel Work Order 7C

• Ms. Stewman reported that Schnabel Engineering submitted this supplemental work order proposal for a continuation of our on-call professional engineering services associated with response and recovery efforts to Hurricane Helene at Lake Lure Dam. Work Order No. 11A is an existing agreement between the Town of Lake Lure (Town) and Schnabel for on-call professional engineering services at Lake Lure Dam. This proposal is intended to be a supplement to that existing work order. This proposal defines Schnabel’s anticipated scope of services for continued recovery support from Hurricane Helene.
• There was a brief discussion and Town Council approved Schnabel Work Order 7C. 

J. Storm Recovery Updates: There were no additional updates that had not already been discussed during the course of the meeting.

K. Proclamation No. 25-01-22 to Ask for the Opening of Chimney Rock Park at Chimney Rock State Park as Soon as Possible

• Commissioner Proctor advised that there are uncertainties regarding the opening of Lake Lure. However, the Town is aware of the crucial need to restore tourism in the area. One way of doing so is to open Chimney Rock State Park. Helene damaged the ingress/egress to the Park and it will take a significant amount of time to replace the bridge that was previously located in Chimney Rock Village. However, Lago Vista road could be extended in less than six months and would allow for the opening of the state park. The Town of Lake Lure would like to proclaim that the Chimney Rock State Park be opened as soon as possible to bring in tourism and strengthening the economy. The Town is also in the process of receiving a design and traffic study for Lago Vista in preparation for discussions with state agencies regarding this matter.

PROCLAMATION NO. 25-01-22 PROCLAMATION TO ASK FOR THE OPENING OF CHIMNEY ROCK PARK AT CHIMNEY ROCK STATE PARK AS SOON AS POSSIBLE  

WHEREAS, The Town of Lake Lure and the Village of Chimney Rock were hit hard by Hurricane Helene.

WHEREAS, It is becoming evident that in order to remove sediment from Hurricane Helene’s flood and make necessary repairs and/or replacement of the town’s sewer system, Lake Lure may remain lowered for more than a year, maybe two.

WHEREAS, The bridge to Chimney Rock State Park was washed away and the only way to get to Chimney Rock Park at Chimney Rock State Park was extinguished.

WHEREAS, The economic impact of losing the two most important tourist draws for this area is immense.

WHEREAS, It has been reported that replacing the bridge to Chimney Rock State Park will take a year and a half to two years.

WHEREAS, The North Carolina State Park owns a two-lane paved road behind the Lake Lure Inn and the distance from this road to the entrance road to Chimney Rock Park is less than a quarter mile.

WHEREAS, This road extension could be built in less than six months and this road extension is already on the park’s master plan because it has always been evident that only one means of ingress and egress is a huge safety issue.

WHEREAS, Local businesspeople are urgently asking for the road extension to be built as soon as possible so the park can reopen.

NOW, THEREFORE BE IT PROCLAIMED by the Town Council for the Town of Lake Lure as follows:

SECTION ONE. That this Council does hereby strongly urge and encourage the State of North Carolina through its various agencies, divisions, and legislative bodies, Meeting Packet Page 109 of 113 to do all that is possible and necessary to build an extension to the entrance road to Chimney Rock Park at Chimney Rock State Park and reopen Chimney Rock Park as soon as possible.

SECTION TWO. That the Town Clerk is hereby instructed to send a copy of this resolution to appropriate State officials. SECTION THREE. That this resolution be effective upon its adoption.

PROCLAIMED this the 22 day of January, 2025.

• Town Council adopted Proclamation No. 25-01-22 to Ask for the Opening of Chimney Rock Park at Chimney Rock State Park as Soon as Possible.

L. Review and Consider Approval of Engagement Agreement with Derek J. Allen

• Town Attorney William Morgan advised that he recommended entering into an engagement agreement with Derek J. Allen to advise, assist, and counsel in connection with real property work associated with siting a municipal sewer line including sewer related condemnations.
• Town Council approved the Engagement Agreement with Derek J. Allen

VIII. Public Comment: 

The public was invited to speak. There were no public comments.  

IX. Adjournment

The meeting was adjourned.