Town Council Special Work Session and Action Meeting Summary - Wednesday, June 25, 2025
Thank you to those who joined us for the Lake Lure Town Council Special Work Session and Action Meeting on Wednesday, June 25, 2025 at 8:30 a.m. The meeting was held in the Lake Lure Fire Department at 622 Memorial Highway, Lake Lure, NC 28746. The public is invited to attend. You may download the meeting packet.
The following is a summary of the meeting. These are not the formal minutes, which will be included in the following month's Regular ZTOwn Council Meeting Packet.
I. Call to Order
Mayor Pritchett called the meeting to order.
II. Agenda Adoption
The meeting agenda was approved as posted.
III. Remission of civil penalties request
Development and Environmental Review Specialist Richard Carpenter issued a stop
work order on the applicant’s property on September 10th, 2024. The order was issued
due to non-compliant land disturbance work. After a delay, the project was permitted
on April 3rd, 2025. The applicant, and financially responsible party, was listed as Brent
Crowell. The permit issued to Brent required the installation of code compliant
erosion control measures prior to continuing with the project. The erosion control
measures that were installed as a temporary measure prior to permitting were not up
to standard and were at risk of failure post grading activities.
In May, staff conducted a sedimentation inspection and determined significant failures
were present. The applicant did not install code compliant erosion control, and did
not follow the approved plans. A well had been installed without adequate protective
measures, and blow out occurred leading to significant discharge down an
embankment outside of the approved limits of disturbance. Debris from grading
activities (sedmiment/trees/tree trunks) had been dumped outside of the approved
limits of disturbance. Additionally, the silt fencing had failed in numerous places and
no longer served a functional purpose.
Staff contacted the financially responsible party and issued a notice of violation on
May 16th. The first citation, in the amount of $1,000, was issued to Brent Crowell on this
date. The financially responsible party was given 4 days to correct silt fencing issues
of face additional enforcement measures. The short timeframe was given due to
evidence of negligence at the job site and a lack of oversight. During inspection, staff
could not locate self inspection forms from the applicant. On the afternoon of May 16,
Brent Crowell notified the department that he had removed himself from the project.
As this does not meet the legal standard for transferring financial responsibility of a
land disturbance project, the town revoked all development approval for the project
and re-issued the NOV listing the property owner as financially responsible.
Due to inactivity and failure to comply, daily citations began 05/30/2025. The citation
amount was $500 and was issued for three (3) days. The citations ceased a6 fotfe 8r1 communication from the property owner and the new general contractor lead to
progress towards compliance. A total of $1,000 was issued to Brent Crowell, and
$1,500 was issued to IMUA Property Investments LLC. The applicant is applying for
remission of the 1,500 civil penalty. Brent Crowell has paid his citation.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The petitioner has the burden of providing information concerning the financial
impact of a civil penalty on the petitioner and the burden of showing the petitioner's
financial hardship. The Council may remit the entire amount of the penalty only when
the petitioner has not been assessed civil penalties for previous violations and
payment of the civil penalty will prevent payment for necessary remedial actions.
The Secretary or a local government that administers a local erosion and
sedimentation control program approved under G.S. 113A-60 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.
waive fines but if there are future violations they will be responsible for the new and old fines.
IV. Resolution No. 25-06-25A for Lake Structure Condemnation
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 Stated
Army Corps of Engineers (USACE) to allow for demolition of the structures through
USACE mission assignment. Community Development Director Michael Williams
contacted each individual on the substantially damaged list. There was two previous
resolutions passed condemning a number lake structures, but one additional structure
have been identified for condemnation.
The resolution was passed.
V. Review Proposed Change Order to Public Services Building Project
The Town is working with Emmanuel Contractors to construct a new public works
facility. There have been discussions regarding a possible need to extend office space
in the new facility. Emmanuel Contractors has provided a proposed change order of
$163,200 reflecting 24x40 of office space added to the length of the building and
supporting utilities and labor.
There was a discussion regarding this proposal. Town Council discussed construction of the shell of the building without finishing it since there is room for additional offices in the new temporary Town Hall space in the Landings. Town Council approved the change order with the understanding will be phased as needed.
VI. Review Work Order No. 16 - Proposal for Spillway Crest Repairs
Dean Lindsey shared information regarding a proposal from Schnabel Engineering to add a seal plate and a seal for the gate. A design will be needed for the project. Town Council discussed these repairs of the Dam Spillway and Tainter gate seals. This proposal is for engineering services only. There is a 7 foot gash that will be filled in whenthe work is accomplished. this project is time sensitive and needs to be completed before the lake is refilled. The lake has to be at 16 feet below full pond to do this work.
Town Council approved the work order. The funding will come from the Dam Capital Reserve fund. It is hoped that this cost will reimbursed as there is a line item in the FEMA application for this work.
VII. Resolution No. 25-06-25 South Mountains Regional Hazard Mitigation Plan
Hazard Mitigation Plans are required by FEMA for communities to be eligible for
certain federal hazard mitigation funds such as FEMA’s Hazard Mitigation Assistance
program. The South Mountains Regional Hazard Mitigation Plan has been in place for
over 15 years, and the Town has been a part of the plan along with Henderson, Polk,
Rutherford and Transylvania Counties and municipalities within the Counties. A 5-
year update of the plan as required by FEMA. FEMA approved the updated plan on
5/21/25.
The mitigation plan was approved.
VIII. Resolution No. 25-06-25B to Approve Round 2 North Carolina Cashflow Loan Agreement and Promissory Note for Cash Flow Loan Road 2
The NC State Treasurer has offered a second round of cash flow funds loan allowing
the Town to obtain funds to be used for cash flow purposes in regards to storm effects
and related operations.
Approved.
IX. Budget Amendment (Number 377)
Approved
X. Hager Strategic Solutions Updates
Nopte present
XI. Town Manager/Project Updates
Mike sent a summary of the bill.
Closing on the 20 tank. Waiting on DEQ to approve.
Continuing to look for two more boring samples completed.
USACE cannot remove the debris downstream.
Sewer replacement project. Haveing had approval of the EREID from DEQ. Labella coming to assess.
West end project - delayed to 7/23/35.
XII. Storm Recovery Updates
