Town Council Work Session-Action Meeting Summary - Wednesday, April 23, 2025

The Lake Lure Town Council held a Work Session and Action Meeting on Wednesday, April 23, 2025, at 8:30 AM.  The meeting was held in the Lake Lure Fire Department at 622 Memorial Highway, Lake Lure, NC 28746. The public was invited to attend the meeting. 

• Thank you to all those who joined the meeting. 

• The following is a summary of the meeting for those who were unable to attend. 

• This summary is not considered formal minutes which will be included in the following month's Town Council Meeting Packet.

I. Call to Order

Mayor Pritchett opened the meeting thanked those who were in attendance.

II. Agenda Adoption

The agenda was approved as written.

III. Consent Agenda

A. Approval of March Minutes

B. Approval of Town Manager’s Contract

Town Council approved the Consent Agenda with a minor edit to the minutes. 

IV. Amendment to the Town Council Meeting schedule to add Storm Recovery Status Meetings

Town Council approved the updated Town Council Meeting schedule to include  Storm Recovery Status Meetings on Monday's at 10:00 AM.

IV. Resolution No. 25-04-23 Appointing Dustin Waycaster as Deputy Town Manager

Town Manager Olivia Stewman has requested that Town Council appoint Dustin Waycaster as the Acting Town Manager (vs Deputy) Town Manager. The purpose of the Acting Town Manager is to allow for actions statutorily assigned to the appointed Town Manager to be taken during the Town Manager’s absence. Resolution No. 25-04-23 appoints Dustin Waycaster as Acting Town Manager.

RESOLUTION NO. 25-04-23
APPOINTING DUSTIN WAYCASTER ACTING TOWN MANAGER

WHEREAS, a Town Manager has certain statuary duties including as detailed in North Carolina General Statute § 160A-148; and

WHEREAS, from time to time the Town Manager must be absent from town hall and during the Town 
Manager’s absence various duties must be performed; and

WHEREAS, the Town Council may appoint an Acting Town Manager for the purpose of ensuing that someone 
is present in town hall with authority to perform actions statutorily assigned to the appointed 
Town Manager during the Town Manager’s absence; and

NOW, THEREFORE BE IT RESOLVED that on behalf of the Lake Lure Town Council and the citizens of the 
Town of Lake Lure, the Lake Lure Town Council appoints Dustin Waycaster as the Acting Town Manager. 
This Resolution shall become effective upon the date of adoption.

READ, APPROVED AND ADOPTED, this 23rd day of April, 2025.
 

V. Consider Approval of Fire Department Lease Agreement with Fairfield Mountains Property Owners Association

• The Lake Lure Fire Department began 24 hour operations out of the Fairfield Mountain Fire Station located at 1415 Buffalo Creek Road beginning on April 1, 2025.
• The Station is owned by Fairfield Mountains Property Owners Association (FMPOA).
• The Town has been working with FMPOA to craft a lease agreement for operating out of the station.
• The lease will be for $1.00 per year with an initial term of 25 years and an option to renew for an additional 25 years.
• The lease will begin on July 1, 2025.

Town Council was in favor of approval of the Fire Department Lease Agreement with Fairfield Mountains Property Owners Association but will revisit this at the next Regular Town Council Meeting which gives everyone more time to review the language.

VI. Consider Approval of LaBella Task 25 for Boys Camp Rd. Bridge Replacement Design

• LaBella is proposing to complete the Survey, Geotechnical Investigation, Design, Permitting, Bidding and Award support, and Construction Management required to complete the Boys Camp Road Bridge Replacement.
• The intent is for this scope of work to be completed by the traditional Design-Bid-Build (DBB) approach.
• The current estimated construction cost of this project is in the range of $1.0 to $1.5 million.
• This project is in the final stages of FEMA review for as a RAPID project.
• There is a high degree of confidence that this item will be obligated by FEMA. 

Town Council approved LaBella Task 25 for Boys Camp Rd. Bridge Replacement Design pending FEMA obligation.

VII. Request to Repair a Failed Retaining Wall Using Soil Nails that Extend into the Town Right-of-Way

• Community Development Environmental Review Specialist Rick Carpenter advised that Wes & Lauren Thurmond received a formal determination/permit application denial made by Community Development staff on 03/06/2025.
• The property owners were issued a notice of violation on 02/21/2025 for failing to obtain a fence permit & the failed retaining wall.
• Staff reviewed the applicant’s submittal with the department heads for Community Development & Public Works.
• Staff agreed to allow for the repair and/or reconstruction if the design did not encroach into the town right-of-way.
• The applicant expressed concerns related to the cost of a replacement but agreed to an alternative design with no encroachment on 03/14/2025.
• However, the applicant failed to submit the new design and is now proposing encroachment into the right of way and a staff appeal.
• Staff believe that a wall replacement and/or repair outside of the town right-of-way would be the best solution to avoid unnecessary liability. 
• Mr. Carpenter recommends a replacement vs repair. 
• Wes & Lauren Thurmond were present to request an encroachment agreement. Their engineer, Daniel ROchester with Odom Engineering presented his recommendations. His concern for replacing the wall is that it may undermine Yacht Island Drive. He explained the process for repair using soil nails encased in concrete which is about 4 inches in diameter.  There would be vertical steel with wood between the supports about 6 feet apart.  Though the wood would deteriorate in 20-30 years, but the steel would hold the nails in place. 
• Additionally, the Thurmond's have developed an agreement that would ensure that they would assume any responsibility for future deterioriation of the wall.  The agreement would go with the property so any future property owners would assume the same responsibility. Town Attorney William Morgan advised that he has reviewed the agreement and thought it was appropriate. 
• An additional alternative was discussed to move forward with the design, as presented with the addition of rebar with additional concrete in front of the existing wooden wall to add additional stabilization. 

This alternative was approved to repair the Thurmond's retaining wall as specified above.  

VIII. Lake Structure Condemnations

• A number of lake structures were identified as substantially damaged as a result of Tropical Storm Helene.
• The Town has been working with FEMA and the United States Army Corps of Engineers (USACE) to allow for demolition of the structures through USACE mission assignment.
• Community Development Director Michael Williams contact each individual on the substantially damaged list.
• A total of 39 structure owners have opted to allow for the condemnation of their structure to allow for demolition by USACE.

RESOLUTION NO. 25-04-23A
A RESOLUTION AUTHORIZING CONDEMNATION OF LAKE STRUCTURES

WHEREAS, there were a number of lake structures substantially damaged Tropical Storm Helene.
WHEREAS, the Town is working with the Federal Emergency Management
Agency (FEMA) and the United States Army Corps of Engineers (USACE) to remove
substantially damaged lake structures through direct mission assignment through USACE.
WHEREAS, the Town conducted inspections and compiled a list of lake
structures deemed substantially damaged.
WHEREAS, owners of the substantially damaged lake structures were
contacted by the Town’s Community Development Department and given the option
to authorize condemnation to allow for removal of their lake structure by USACE; and
WHEREAS, the owners of thirty-nine properties opted to authorize
condemnation and removal of their lake structure by USACE.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF LAKE LURE, THAT:
The lake structures attached to the following tax parcel IDs are hereby condemned:
1. Parcel #217092
2. Parcel #217140
3. Parcel #217655
4. Parcel #217886
5. Parcel #218283
6. Parcel #218639
7. Parcel #220489
8. Parcel #220633
9. Parcel #220672
10. Parcel #221233
11. Parcel #221920
12. Parcel #222863
13. Parcel #223579
14. Parcel #224083
15. Parcel #224513
16. Parcel #226538
17. Parcel #227900
18. Parcel #228241
19. Parcel #228256
20. Parcel #228286
21. Parcel #228435
22. Parcel #228477
23. Parcel #228844
24. Parcel #229764
25. Parcel #229821
26. Parcel #230224
27. Parcel #230549
28. Parcel #231228
29. Parcel #232138
30. Parcel #1610384
31. Parcel #1616562
32. Parcel #1620325
33. Parcel #1630795
34. Parcel #1634211
35. Parcel #1643122
36. Parcel #1643142
37. Parcel #1643262
38. Parcel #1647493
39. Parcel #1656208

Town Council approved Resolution NO. 25-04-23A, a resolution authorizing condemnation of Lake structures. 

IX. Review Draft of Proposed FY 25-26 Budget

• Finance Director Stephen Ford provided a budget update and a second budget review for FY 25-26.
• Also an introduction of budget amendment actions needed for FY 2024-25. 
• Mr. Ford advised that all Department heads were within their budget. 
• There was a detailed discussion regarding the following budget charts illustrated below. 

A Special Session will be held on 5/8/25 at 8:30 at the Fire Department to review the budget in greater detail. 

X. Storm Recovery Updates

Manager Stewman provided the following updates: 

• The final FEMA approval for the Boys Camp Road Bridge is forthcoming. 
• The Beach and Community Center site inspections are being conducted. 
• We received an email from Steve Garrett from NC Emergency Management, confirming the base flood elevation for the Lake at 990.9 Mean Sea Level (MSL), 995 MSL free board. This is the level required for electrical boxes, etc.  It was noted that the level of the 1st spillway is 992. 
• The Moore property easement was filled yesterday. 
• May 8, 2025 is the deadline for filing damages with FEMA. The Town is on track and has submitted all damages.

XI. Town Manager/Project Updates

Manager Stewman provided Council with project and any other updates that are not included on the meeting agenda.  

• Cell Tower: Tillman Construction has advised that they are awaiting approval from the Historic Preservation office to move forward with the Cell Tower projet. Ms Stewman asked Mike Hagar if he could look into this to see if they could be asked to proceed.  
• Reservoir Drain Valve: The reservoir drain valve was successfully tested and is now deemed operable.
• Dam: Schnabel Engineering is currently completing boring samples related to the replacement dam. We continue to seek funding for the replacement dam as necessary measures are taken to upkeep the existing dam in the interim. Schnabel has been working towards updating the Emergency Action Plan (EAP). We will be conducting an after-action review meeting and table top exercise.
• Morse Park: We are working diligently to open a portion of Morse Park to the public. The Public Works crew has been doing a fantastic job at beautifying this portion of the property. There will be a soft opening on April 25th. We also plan to begin the installation of a playground being donated by KaBoom beginning in June.
• Sewer: LaBella has updated the Engineering Report (ER/EID) for the sewer replacement project and it is currently under the review of NCDEQ. The Town is working with NCDWI in coordination with other local communities to apply for a grant to study the impacts of a regionalized sewer system.
• Lago Vista: The Town is working with Odom Engineering to create a bid package for the Lago Vista connector to Chimney Rock State Park. Odom previously completed a design for the connector project. This project is crucial for our first responders to adequately respond to calls in Chimney Rock State Park and it would create a redundant means of ingress/egress to the Park

Mike Hagar with Hager Strategic Solutions provided the following updates: 

• HOUSE BILL 801: LRC Study Paper Towns - https://www.ncleg.gov/Sessions/2025/Bills/House/PDF/H801v1.pdf
  • SECTION 1.(a) The Legislative Research Commission (LRC) shall study the 6 current status of "paper towns" in North Carolina. For purposes of this act, the term "paper town" 7 means a town that exists in fact but does not provide adequate services, as required by law, to its 8 residents. As part of the study, the LRC shall do the following:
  • (1) Determine whether towns incorporated by the General Assembly since 1995 10 are currently providing the services proposed by the petitioners in the petition 11 to incorporate submitted to the then existing Joint Legislative Commission on 12 Municipal Incorporation.
  • (2) Determine whether the services currently being provided by each town are 14 sufficient to sustain the incorporation for purposes of continued taxation, 15 zoning, and regulation of the right to control private property.
  • (3) Determine whether the General Assembly should take action regarding any of 17 the towns studied, including suspension or revocation of the charter, due to 18 the failure of the town to provide critical services sufficient to sustain the 19 incorporation.
  • (4) Review the statutory criteria for incorporation as provided in Part 2 of Article 21 20 of Chapter 120 of the General Statutes to determine what, if any, changes 22 should be made to ensure that towns continue to provide a sufficient level of 23 services after being incorporated, including those proposed in the petition to 24 incorporate, to justify continued incorporation of the town.
  • 25 SECTION 1.(b) The LRC shall make a final report on its study, including any 26 proposed legislation, to the 2026 Regular Session of the 2025 General Assembly upon its 27 convening.
  • 28 SECTION 2. This act is effective when it becomes law.
• House Bill 765: Local Gov. Development Regulations Omnibus - https://www.ncleg.gov/Sessions/2025/Bills/House/PDF/H765v2.pdf

XII. Public Comment

The public was invited to speak.  Mayor Pritchett reminded the audience to please keep comments limited to three minutes or less.  Comments may also be submitted in writing to the town clerk, kmartin@townoflakelure.com at least one hour prior to the meeting.

• Pat Buede (Memorial Highway, Lake Lure): 1) Noted the NC Department of Transportation's (NCDOT) use of Town Property for building the Chimney Rock State Park. 2) She also noted the increased traffic that will come into Town when Chimney Rock Village reopens, impacting the traffic in Town and slowing down the trucks that are working constantly to remove silt and debris from the area. 

• Fire Chief/Emergencies Management Coordinator Dustin Waycaster noted that new damage was found on the Tryon Bay Bridge.  He has contacted NCDOT so they can assess the situation and conduct a new inspection. 

There were no other Public Comments.

XIII. Adjournment

Mayor Pritchett adjourned the meeting.