Jessica Webb
editor@thesmokymountaintimes.com
On Tuesday evening, Oct. 17, Bryson City Town Board of Aldermen unanimously agreed to hire John Henning Jr., of Campbell Shatley Attorneys at Law, Asheville, to represent the town. The action follows the unexpected death of previous town attorney Fred Moody.
In other matters Tuesday, the board reviewed a contract for the construction of a pavilion at Island Park and heard from Nate Bowe, town engineer, who reviewed the full slate of town capital projects, both current and proposed.
Henning, who grew up in Franklin, spoke highly of Moody and said he is “extremely impressed with the direction the town (of Bryson City) is going in now,” adding, “I think there are a lot of ways I can help.”
Town Manager Sam Pattillo said he reached out to Henning prior to the need for a new attorney so he could help with the town’s review of its ordinances, an area he has expertise in.
Henning currently represents Macon County School Board and the towns of Franklin, Woodfin and Fontana Dam, and has been practicing public law since the early 2000s. The board approved the rate of $230 an hour.
Aldermen Tim Hines asked about how often they raise their fees, to which Henning said they aren’t likely to increase for another 2 or 3 years.
The board spent a brief amount of time discussing the review of ordinances, with Ben King, mayor pro tem, saying he believes the town can benefit from the direct guidance of Henning to make sure the ordinances are enforceable.
The town is also working with American Legal who will finish up the ordinance book and digitize them.
The last section of the town’s ordinances has not been reviewed closely, as the plan is to cover them as part of the process of adopting a Unified Development Ordinance. Tuesday, the board saw a proposal from WithersRavenel for the UDO process, with a proposed cost of $71,000. Pattillo said the company was highly praised by Sylva’s town manager.
Henning suggested the board consider a committee of two board members who he could work with closely to finish up the ordinance review.
The last order of business before hiring Henning was regarding scheduling. The board agreed it could change its regular meeting nights to the first and third Tuesdays of the month to adopt to Henning’s schedule.
He assured the board he is also easily reachable by phone, email and video conference.
Island Park pavilion
The board considered a contract proposal from Cody Ellis of Ellis Earthworks Inc., Bryson City, for the construction of a pavilion on Island Park. The plan is for the work to be begin immediately and be completed by January, with a cost of $133,000. A few questions about the contract itself came up in discussion, with Mayor Tom Sutton saying he would rather have those clarified before adoption. The board plans to meet for a special meeting Friday to take action.
In discussion, Hines asked how the equipment to construct would get to the island. The plan, according to Bowe, is to piggyback on the permit of the current contractor who has just completed bank stabilization work to be able to cross the creek to the island.
Bowe said restoration services are one thing the town should specify in the agreement with Ellis. Then, Henning raised questions about some language about attorneys’ fees and arbitration in the proposed contract he would like to see removed.
Related to the construction, the board also saw a proposal from Zach Shuler, the engineer, on the project. His scope of work would include weekly site visits and updates to the board. His fee is estimated at about $7,200 for the total project, according to Bowe.
The island will remain closed through January for the planned work.
Capital projects
Next up Tuesday evening was a review of capital projects for the town, as presented by town engineer Bowe.
First on the list was the current work on Everett and Depot streets where the town is replacing water and sewer lines. This project is funded from the town’s general fund at a cost of $607,000 with plans for completion this month.
Night work will continue through Friday for the water and sewer lines, Bowe said, with daytime work continuing next week on curb and gutter and sidewalks.
While the town has been in discussion with North Carolina Department of Transportation, who has plans to complete its own intersection and paving project in that area, the town hasn’t gotten a clear answer on the scope of plans or when that work will happen.
Bowe explained the town is taking on curb and gutter work, because they “don’t know what DOT would really commit to.” Some of DOT’s planned work will including redoing some of that area, particularly where they have plans for a pull-off next to the train depot.
On the roadway itself, the town will leave a finished product, backfilling with stone, but one that is cheaper, with the likeliness DOT will be paving in the spring.
The town has 10 additional projects that are active and funded, including water, sewer and streets projects. Bowe reviewed the projects, which include paving funded in part by Powell Bill and town general fund. On streets, Bowe said he anticipates to hear soon if the town will be granted an Appalachian Regional Commission grant for Main Street sidewalk improvements, with the town having $800,000 secured for the project from RTG and state allocated funds.
The biggest projects in the works include the water and sewer asset inventory and assessment phase 3, funded with American Rescue Plan money at $400,000. The scope of work includes zone metering, water and sewer asset management plans and a rate study. The new wastewater treatment plant and improvements is the biggest project with $15,500,000 in grant funding from ARPA and N.C. Clean Water Management Trust Fund and a $1.5 million loan. Bowe said they anticipate the archeological survey report soon and said National Pollutant Discharge Elimination System permitting is underway.
The next regular meeting of the board will be Tuesday, Nov. 14 at 6 p.m. at Town Hall, 45 Everett Street.