Town Council Work Session/Action Meeting Summary - Wednesday, April 24, 2024

The Lake Lure Town Council held a Work Session/Action Meeting on Wednesday, April 24, 2024 at 8:30 AM at the Lake Lure Municipal Center (Town Hall), 2948 Memorial Highway, Lake Lure, NC 28746. The meeting was open to the public.  

The following is a summary of the meeting for those who could not attend.  Note that these are not formal minutes, which will be included in the following month's meeting packet.  You may download the meeting packet for additional information.

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

II. Agenda Adoption: The agenda was adopted with one additional line item, #14 which is a design proposal from Schnabel Engineering. 

III. Public Comment: The Mayor invited the public to speak and asked that comments be kept to 3 minutes. 

1. Pat Buede, 153 Memorial Highway, Lake Lure, NC:

• Ms. Buede advised that she had been thinking about how best to enhance communication with local residents. 
• She stated that she thought it was great that the meetings were being held for the public on both sides of Town. 
• She added that there were also two meetings held each month for transparency. 
• She recommended that a summary of the major occurences from each month or every other month be posted and a link of the summary be sent in a postcard to all residents and owners of the vacation rentals. 
• She provided an example of information she recently heard that can make the public think there were secrets. 
• She heard there is going to be a dog park but we will have to pay for it.
• She stated that she heard it would be just like the one in Flat Rock. 
• Ms. Buede advised that she heard the new Parks and Recreation Board represented a new demographic but since she has been here, the Board has never reached out to see what the residents want, especially when it comes to the Green Space. 
• She said that the doubt is within her as to what is going to happen. 
• She raised a question about what is being hidden.  She acknowledged that the people serving on the boards currently better represent to community. 
• She said that she had recently asked about a restriction that stated that you could only build on two acres. She referenced the issues at Tryon Bay and said that it was a travesty.
• She asked that the residents be asked what they wanted to community to look like moving forward.  

(Note that a summary of each meeting is posted on the website and Facebook for easy review following the meeting.  A list of each item from Town News is emailed to a listing of over 2,000 residents with hyperlinks to each post.  Click here to sign up for this email summary. ) 

IV. Presentation by Camp Lurecrest:

• Dan Bragdon with Camp Lurecrest came forward and introduced himself. 
• He stated that he was the Vice Chair for the Parks and Recreation Board and he appreciated the previous remarks that were shared. 
• He introduced Mac Hillabush who was in attendance with him and he was at the meeting with him to present a plan for obtaining a portion of Town property located on Parcel # 1649620 located at the Lake Lure Green Space.
• The specific portion of the parcel is located adjacent to Lurecrest Drive and they would like to use this property to increase their buffer from the road and to expand the road and their parking without blocking traffic.  
• See the photo below as a reference.
• There was a discussion regarding creating an agreement for use of the land verses selling the land. It was suggested that the trees could be added without purchasing the property.
• A survey will be required and an agreement will be drafted to address the matter. 
• Attorney William Morgan will draw up a draft agreement for review. 

V. Continue Discussions regarding Tryon Bay Road Issue: 

• Ms. Stewman noted that new plans were submitted last Tuesday.  
• Development and Environmental Review Specialist Rick Carpenter, noted that a planned road closure was in place for the removal of trees and completion of retaining wall construction at 441 Tryon Bay. 
• The Town approved this road closure until April 19 and in the process, the contractor deviated from the plans approved by the Town and removed a portion of Tryon Bay Road.
• Upon this discovery, Community Development staff promptly notified the contractor and property owner that a stop work order was being issued and posted on site.
• Mr. Carpenter explained that staff met with the owner’s development ground on 4/10/24 and it was confirmed that the original plan would not work and the roadway would not be rebuilt by the 4/19/24 deadline.
• At this meeting, the developers requested to tie the project wall onto the Town-owned right of way using earth anchors.
• Mr. Carpenter advised that staff is unable to approve such a request and gave the owner an order to abate the issue and fix the roadway or obtain town approval for an alternate methodology.
• The owner opted to seek town approval for an alternate methodology which included earth anchor installation into Town property and keeping Tryon Bay road partially destroyed through the life of the project.
• Town Council held a special meeting on 4/15/24 to discuss the matter and it was determined that Council is requiring the property owner and their developers to repair the road, as it was, with engineered plans provided.
• Town Council also mandated that the sedimentation and erosion issues be resolved promptly.
• The meeting was reconvened until Tuesday, April 16, to allow various staff and a Council member to visit the site.
• A summary of the on-site plan was provided at the April 16 meeting and the meeting was adjourned as no plans were in place at that time.
• The homeowner provided geotechnical engineering plans the following day, 4/17/24.
• Town Council continued discussions with the contractors on this issue to work towards determining the next steps to ensure that the road is repaired to engineered standards.
• A revised plan is being developed to address all of the issues and the revised plan will be submitted for review.  

VI. Consider Authorization of Lease Agreement for 2654 Memorial Highway and Portions of Parcel #1616938: 

• Town Council considered authorization of the Lease Agreement for 2654 Memorial Highway and Portions of Parcel #1616938.
• The consideration for this lease agreement was noticed in accordance with North Carolina General Statute § 160A-272 (a1).
• A copy of the lease is included in the meeting packet beginning on page 7. 
• There was a brief discussion and the Lease Agreement was approved. 

VII. Proposed FY 24-25 Budget Overview: 

• Town Manager Olivia Stewman and Finance Director Stephen Ford presented an overview of the proposed FY 24-25 budget.
• This Year a simplified budget is being submitted in order to give pause to review the status of projects, funding sources, needs, and progress as well as consider the transition in the organization.
• A Mid Year Review (Jan 2025) is recommended to revise priorities, provide resources, and evaluate revenue and earnings utilizing the established budget amendment process. 
• The Town Manager is the budget director; Finance needs to support the Manager in this role and also provide the tools needed to enable a vision for the Town and the organization as a whole.
• Revenues are on the slight upswing (Local and State)
• Market Rate consideration for Town employees of 3.8% which includes a combination of COLA with a revised Christmas Bonus.
• The plan is to consider including or removing longevity bonus, to include a $500 (+/-) area performance improvement bonus to provide a basis jumpstart for merit or evaluation review vs longevity. 
• Departments’ operating expenses increase slightly with up to 3.5 additional FTEs being recommended.
• Debt Service continues to decrease, but major consideration of Fire Engine purchase is being considered.
• Personnel costs included in the Water and Sewer Fund equals one FTE
• The Enterprise Revenue Projection continues to decrease based on land levels and drawdown
• The Budget is balanced in this initial presentation but can be easily revised
• A more in-depth budget meeting will be scheduled for a later date.

VIII. Continue Discussions regarding Sewer Replacement Project: 

• Brian Houston, PE from LaBella Associates joined Town Council for continued discussions regarding the sewer replacement project.
• He presented the information shown below and discussed the work that may be possible during the next lake drawdown.
• There was a detailed discussion with Town Council and a frank conversation regarding the extensive costs for the project overall. 
• It was noted that the costs are beyond the capacity of the Town and partnership with the State is required to support the work that is required. 

IX. Review Ruby-Collins Proposed Amendment 4: 

• Ruby-Collins has submitted a proposed Amendment 4 to clarify intentions regarding Amendment 2 given the events of January 2024 which revealed site conflicts with the contractor for the drain valve installation project (Morgan Corporation).
• Morgan Corporation’s work has required Lake level management which was incompatible with the work of the Design-Builder.
• Since Morgan Corp’s work had to take priority, and consequently the already-abbreviated GLS work schedule would be drastically impacted, the Owner and Design-Builder agreed to postpone Amendment 2 work.
• The Design-Builders work is being delayed per section 8.2 of the “General Conditions of the Contract” and as such they are entitled to an extension of time and compensation per sections 8.2.1 and 8.2.2 respectively.
• The Design-Builder is requesting compensation for delays per section 8.2.2 of $150,066.32 including fee. An extension of time per section 8.2.1 will be determined at a later date.
• A copy of the Amendments are included beginning on page 34 of the Meeting Packet.
• Amendment 4 was approved. 

X. Revisit Discussions regarding Change Orders: 

• Ms. Stewman noted that at the March work session and action meeting, there were discussions in regard authorities to approve change orders.
• Staff requested that Council revisit discussions so staff can work towards putting a change order policy in place that fits the needs of the Town.
• The meeting packet includes a series of change orders beginning on page 43 - 57, as examples of recent change orders. 
• If the change orders were over $100,000, Town Council had asked to see the change orders. 
• Town Council discussed the need to identify local contractors where possible. 
• There was a detailed discussion regarding the definition of a change order and when these are required.
• Town Council recommended revoking the previous limit for change orders.  Town Council would like to review any change orders over $50,000.  

XI. Review Draft Budget Amendment #371 for Mark Twain Drive Street Maintenance: 

• Public Services Director Dean Lindsey joined Town Council to request a budget amendment for $15,000 for the repairs made to Mark Twain Drive.
• Mr. Lindsey presented the details of the repairs to be made. 
• The Budget Amendment was approved.

XII. Resolution No. 24-04-24 Supporting the Repayment of the North Carolina Parks and Recreation Trust Fund (PARTF) Grant for the Purchase of 176 Boys Camp Road: 

• Town staff has been in the process of working towards repayment of a $223,125 North Carolina Parks and Recreation Trust Fund (PARTF) Grant the Town received in 2018 for the purchase of 176 Boys Camp Road for the completion of the Rocky Broad River Recreation Area.
• The purpose of the repayment is to avoid non-compliance with PARTF regulations when the communications tower is installed on the property, as the tower is a public safety priority.
• A public meeting and 30-day comment period was completed on 4/17/24.
• The next requirement is for Town Council to adopt a resolution in support of the repayment.
• A draft was included on page 62 of the Meeting Packet. 
• Resolution No. 24-04-24 was approved.

XIII. Discuss Options for Temporary Loading Zone used by Morgan Corporation: 

• Morgan Corporation has constructed a temporary loading zone in Morse Park for the purpose of the drain valve installation project.  See the photo below.
• Staff would like to discuss the possibilities of the loading zone remaining in place after the project, as it could be beneficial to Town operations.
• Additionally, staff would like to discuss what steps would need to be taken in order to make the loading zone permanent.
• A decision about drawing the lake down next winter should be made around June. 

XIV.  Schnabel Revised Proposal: 

• Ms. Stewman presented a new proposal from Schnabel Engineering for design for the electrical package.
• Mr. Dydula provided an overview of the costs and Mr. Lindsey provided input and background information.
• There was a detailed discussion about the cost of the proposal as well as the bidding process. 
• Ms. Stewman asked Mr. Dydula to obtain additional detailed information to justify the cost of the proposal.

Project Manager Updates: 

• Mr. Dydula advised that the valve project is going well. 
• Next week we will see a lot of activity with the barge taking materials to the dam from the Broad River. 

XV. Town Manager Updates: 

1. Dredging:

• Ms. Stewman advised that she and other Department Heads held a meeting with the Army Corp of Engineers to confirm that the Town can proceed with hydraulic dredging.
• An RFQ has been drafted and will be put out for bid through June 7, 2024. 
• She advised that we will likely need additional permits for mechanical dredging. 
• If we get our permit application in by July we should be able to get the permits for the mechanical dredging. 
• It is possible that we will be able to proceed with removing silt as an emergency measure in the meantime. 
• Mr. Ford Shared the bills that had been paid thus far related to Dredging in 2023. 

2. Morse Park improvements: An RFQ has been developed and will be advertised for the parking lot and bathrooms in Morse Park. 

3. Received approval of the Service Line Loan.   

4. Town Openings/Recruitment:  

• We have interviewed and made an offer for the Town Clerk position.  We are waiting to hear if the offer was accepted. 
• A panel is interviewing candidates for the Parks, Recreation, and Lake Director position. 
• A panel has been formed and will be interviewing candidates for the Finance position this Thursday. 

5. Arbor Day Celebration: will be held this Friday at 11:00 in Morse Park.

XVI. Adjournment: The meeting was adjourned.