02 – Town Meeting

Lou’s Views

Town Meeting 02/20/18

“Unofficial” Minutes & Comments


Board of Commissioners’ Agenda Packet
For more information
» click here


1. Public Comments on Agenda Items

There were comments made regarding the following:
. 1) Ronda D – Terminal Groin Special Meting recap
      a. We already invested over $637,111 so far
.       b.
Draft EIS was issued in August 2015, some thirty (30) months ago
     c. BOC’s ran on a position that they were opposed to building a terminal groin
. 2) Mark F – Inlet, Beach and Environmental Protection Board
.       a.
Parks & Recreation Advisory Board should be given the opportunity to handle               these tasks before creating a new Board


2. Discussion and Possible Action on Audit Report, Fiscal Year 2016 – 2017 – Alan Thompson, Thompson, Scott, Price & Adams



Fiscal Year 2016 – 2017 Audit Results

 

Auditor’s report for fiscal year 2017 audit was presented. Normally the audit report which is due by October 31st is given at the October meeting. They issued an unqualified opinion – which is to say they gave the Town a clean report”, meaning that no problems were found, and everything is in very good shape.

Audit Committee plans to do quarterly review to monitor if we remain on track

Audit Report » click here

Financial Statement Findings

Finding: 17-1 /
SIGNIFICANT DEFICIENCY
Inadequate Design of Internal Controls over the Preparation of the Financial Statements
Page 57

Finding: 17-2 / SIGNIFICANT DEFICIENCY
Prior Period Adjustment ($479,789)
Page 58

Usual and customary for us to change firms every few years. Traditionally we have done that after vendor has audited us for three years. Thompson, Price, Scott, Adams and Co. was awarded the $12,750 contract the last six years. Annual audit vendor usually selected, and contract signed in February.


3. Police Report – Chief Wally Layne

Police Patch
So far, so good
Best winter since he got here
.     • No Crime Wave
    • No break-ins reported

.
It’s that time of the year, break-in season
Although he was pleased to report that we have not had any break-ins yet
Requested that we all serve as the eyes and ears for law enforcement.

If you know something, hear something, or see something –

call 911 and let police deal with it.


Neighborhood Watch

  • Need to look out for each other and report any suspicious activity
  • Call 911 if you see or hear anything suspicious
  • Fill out Keep Check Request Form if you will be out of town
  • Submit completed Property Registration Form
  • Pickup copy of Protecting Your Home

Crime prevention 101 – Don’t make it easy for them
. a) Don’t leave vehicles unlocked
. b)
Don’t leave valuables in your vehicles
. c)
Lock your doors & windows – house, garage, storage areas and sheds


4. Discussion and Possible Action – Resolution 11-12, Terminal Groin Permit Application and Engineering Design Status Report – Shoreline Protection and Recreation Manager Ferguson

Previously reported – September 2011
Adoption Resolution 11-12, Terminal Groin Permit Application 

Update –

What’s next?

The next steps include the following:
   
1)
USACE final EIS published by February 23rd
.     2 ) Public comment period begins – 30 days
.     3) USACE Record of Decision (ROD)
.     4) CAMA application completed
.     5) Federal and State permit issuance / Permits expire in five (5) years

Board asked the town staff to ask for extension of the thirty-day public comment period. There was a kerfuffle over whether to schedule Special Meeting to meet with our Environmental Lawyer. Decision was finally made that it would be prudent to wait for final Environmental Impact Statement before scheduling the meeting. Special Meetings can be held with just a two-day notice to the public.

Breaking News –
All content related assembly of the master document has occurred. Files are being formatted for publishing in the federal register. Anticipate an early March publishing date in the federal register.


5. Discussion and Possible Action – Construction Management Services of the Vacuum Sewer System #4 Upgrade Status Report – Public Works Director Clemmons

Previously reported – December 2017
McGill and Associates were commissioned to perform a Sewer Study to evaluate sewer system vulnerability reducing measures. A fiscal year 2017-2018 budget appropriation of $1,413,000 was made to accommodate total programmatic expenses of Lift Station #4 improvements. Green Engineering firm was awarded the $158,000 contract  for Sewer System #4 upgrade. Green Engineering will provide all engineering services required to construct a vulnerability reducing structure of Lift Station #4.

Update –
Three meetings have been held between staff and the engineering firm to date. The purpose was to begin logistics analysis and planning for the project. Deliverables – Timeline has been established. They will deliver the final plans to the Town for review by March 16th.

We are currently on schedule, but Chris cautioned that it was still early in the game. The Board requested monthly updates, reporting on whether we remained on schedule and within budget.


6. Discussion and Possible Action on Recommendation from Citizen Advisory Committee Report on Parking for Implementation Prior to the 2018 Beach Season – Commissioner Butler
a.
Staff Report – Building Official Evans

Previously reported – December 2017
Citizen Advisory Committee Report on Parking 
Recommendations going forward:
      1. Holden Beach should continue to develop a plan that helps visitors and citizens identify authorized parking locations on Holden Beach. New specific signage identifying public parking, ideally distinguished by a special color, shape, etc. should be considered.  Further, a map and summary of public parking should be developed and posted on the Town website and other public media.

.       2. Existing public parking on public property would be more efficiently utilized (i.e. increased number of spaces) if spaces were clearly marked with paint or dividers.
.       3. The Town already owns properties suitable for conversion to public parking without major expenditure. If incremental spaces generated above are deemed insufficient, we recommend conversion of these properties into additional parking as warranted.  Any such steps would have to take into consideration impact on neighboring homeowners.
.       4. Although paid parking is an option, the Committee believes that it would not be practical to implement within the present public parking configuration other than possibly the Jordan Boulevard area. We believe this approach should serve as a “backup plan” after other recommendations that increase available public parking are exhausted.
      5. With the exception of Ocean Blvd. West, Individual property owners should retain the right to determine whether the public can safely park in their property’s right-of-way. If this requires placement of an item conforming to existing ordinances, the CAC believes this should be acceptable.
      6. The Planning and Zoning Board recommends increased enforcement of parking ordinances.

Major takeaway –
We provide adequate visitor parking, but there are several improvement opportunities

Previously reported – January 2018

Proposed action steps:

Before 2018 Beach Season

  1. Develop a visitor map of all available approved parking locations throughout the island. Parking maps should show amenities such as restrooms / port-a·johns, showers, crosswalks, handicap accesses and handicap parking.
  2. Provide signage at the bottom of the bridge as to parking locations, to include signage at these locations.
  3. Better utilization of current parking through the use of parking space marking and dividers.
  4. Property owners have an option to preserve their property to have an item in the ROW to clearly indicate to the public that this area is not approved parking. The items must not obstruct or create a safety issue as outlined in the current town ordinance. Landscaping or other installed deterrents must not exceed three (3) feet in
  5. Town ordinances impacted by the changes to be revised accordingly.
  6. Develop a communication plan regarding the parking revisions to improve the parking issues on the island. This should include various media sources. Communications to island day-visitors should emphasize the ample parking available and were to find it. Communications to property owners should clearly illustrate acceptable landscaping and parking deterrents and where to get more information.
  7. Police enforcement and monitoring required to support implementation of the changes to include visitor guidance.
  8. Change parking violations to civil offenses, allowing the Town to keep the fines. Funds collected would help offset additional seasonal staff to serve as parking compliance

Goal was to implement Phase I prior to tourist season this year. Town Manager gave some feedback on the proposed action items. The Town staff and attorney are being asked to come back with the feasibility, issues and cost to implement the proposed eight (8) action items.

Update –
Staff addressed what it will take to implement Phase 1. Timbo made presentation addressing each of the eight (8) proposed steps. The good news is that it will be a minimal cost to implement. The bad news is that much work still needs to be done. The Board requested that we amend our parking ordinance to state that there is no overnight parking in public parking areas. The Town staff and attorney are being asked to continue to work on developing an implementation game plan.

To be continued …

No decision was made – No action taken

In lieu of hard copy maps the recommendation was to use AroundMe app which allows you to quickly find out information about your surroundings; in our case parking.


7. Discussion and Possible Action to Remove “or sibling” from §30.25 Commissions, Boards, Agencies and Authorities Established by Ordinance or Under the Authority of the BOC – Commissioner Freer
a. Ordinance 18-01, An Ordinance Amending Holden Beach Code of Ordinances – §30.25 Commissions, Boards, Agencies and Authorities Established by Ordinance or Under the Authority of the BOC

Previously reported – January 2018

§30.25  COMMISSIONS, BOARDS, AGENCIES AND AUTHORITIES ESTABLISHED BY ORDINANCE OR UNDER THE AUTHORITY OF THE BOC.

   (A)   Except as otherwise expressly provided for in these ordinances:

      (1)   No person shall be appointed or elected by the BOC, or pursuant to any authority delegated by the BOC, as a voting or non-voting member or officer or other official of any commission, board, agency, authority or other similar group or body established by ordinance or otherwise under the authority of the BOC (other than committees and sub-committees of the BOC that are comprised only of members of the BOC or the Audit Committee of the BOC) who is member of the BOC; the Town Manager, Town Attorney, Town Clerk, Police Chief or any full or part-time employee of the town who reports to any of the forgoing: a contractor, consultant or other person providing good or services to the town in consideration of cash or other thing valued at more than $1,000 in any one year or an officer or material owner thereof; or the spouse, domestic partner, child, parent or sibling of any of the forgoing;

Attorney will add language that states this shall not apply to Board appointees to fill a vacancy on the Board of Commissioners.

Update –
Verbiage added – Notwithstanding the foregoing, the BOC shall not appoint a sibling of any member of the BOC to fill a vacancy on the BOC.

A decision was made – Approved unanimously


8. Discussion and Possible Action to Establish the Inlet, Beach and Environmental Protection Board – Commissioner Freer
a.
Ordinance 18-02, An Ordinance Establishing the Inlet, Beach and Environmental Protection Board
b. Ordinance 18-03, An Ordinance Amending the Holden Beach Code of Ordinances, Chapter 34: Parks & Recreation Advisory Board

Agenda Packet –
a.
Ordinance 18-02, Establishing
§35.02
POWERS AND DUTIES.

The Inlet, Beach and Environmental Protection Board shall:

(A) Serve as an advisory board for the town;

(B) Prepare and recommend to the Board of Commissioners, a comprehensive long-term plan for the Town’s role, if any, in the management, dredging and protection of the Lockwood Folly and Shallotte Inlets, including their respective navigational channels, and the management, protection and nourishment of the town’s ocean beaches and protective dune systems

(C) Monitor proposed dredging projects, beach and/or dune nourishment projects and protective structure projects and evaluate the feasibility and cost and benefits of such projects to the town and to property owners within the town as a whole, and make recommendations to the Board of Commissioners with respect to such projects;

(D) Monitor, evaluate and report to the Board of Commissioners with respect to the schedule, status, performance, budgets and costs of proposed and on-going inlet dredging, beach and dune nourishment and protective structure projects and related permit and regulatory requirements;

(E)       With the assistance of the Attorney assigned to support   the Inlet, Beach and Environmental Protection Board, make recommendations to the Board of Commissioners for amendments or modifications to the town’s ordinances with respect to the “frontal dune” and “protective dune system”;

(F)       With the assistance of the Attorney assigned to support   the Inlet, Beach and Environmental Protection Board, make recommendations to the Board of Commissioners for modifications to the town’s ordinances with respect to public and private beach access walkways which promote protection and growth of the town’s protective dune systems;

(G) Serve as a link between the Board of Commissioners, Town Manager and the community on the above described areas;

(H) Perform such other duties within or related to the general purview of the Inlet, Beach and Environmental Protection Board which may assigned to it from time-to-time by the Board of Commissioners.

 b. Ordinance 18-03, Amending

Creation, name and number of members.
Through expiration of terms, the number of board   members will decline to a maximum of five residents of the Town of Holden Beach.

§34.02 Powers and duties.
The Parks and Recreation Advisory Board shall:
Advise the Board of Commissioners and Town Manager on beach vegetation, fencing and other methods of protecting the beach and property.

Previously reported – December 2016
Discussion of Five Member Shoreline Protection and Safety Board
Apparently, the previous Board of Commissioners disbanded the Shoreline Protection Board and rolled its functions into the Parks & Recreation Board. This Board feels that a lot of money is being spent on the beach strand and it warrants being separated to focus on beach strand issues. Much to do about nothing when it became an issue about creating the Board without any supporting documentation. Language was changed to intent to establish rather than create Shoreline Protection Board. Commissioner Freer intent was to allow the new Board to establish its own mission and objectives. 

Previously reported – January 2018
Motion was made and withdrawn. New motion was made and then amended. If I understand what transpired I believe they only agreed to having attorney draft the recommendations of the establishment of the Board and its duties. The Town staff and attorney are being asked to come back with two ordinances. An Ordinance that creates the new Board. Also, an ordinance that modifies §34.02 / Parks & Recreation Advisory Board, removing duties that include beach vegetation, fencing and other methods of protecting the beach and property.

My Two Cents - CR II

It was a stand-alone Board then a previous Board of Commissioners disbanded the Shoreline Protection Board and rolled its functions into the Parks & Recreation Board. This Board feels that a lot of money is being spent on the beach strand and it warrants being separated to focus on beach strand issues. I’m not getting why this created the brouhaha that it did.

Update –
There was a considerable amount of discussion; including whether it was even necessary to create another Board. It seems that they finally came to some sort of consensus.

They agreed to the following changes:
.       a) Modify section C
      b)
Eliminate section D
.       c)
Remove Environmental from name of the Board

Town attorney was tasked with making the changes necessary for Board approval. They deferred making a decision tonight and requested that it be put on the next Regular Meeting agenda.

No decision was made – No action taken


9. Discussion and Possible Action – Lockwood Folly Dredging Project, Local Share Request by the County – Shoreline Protection and Recreation Manager Ferguson

Agenda Packet –
The shoaling in the Lockwood Folly Inlet continues to be a problem for those traversing the area. Brunswick County has secured the CURRITUCK, a CORPS’ hopper dredge, to remove material and place approximately 40,000 cubic yards of sand in the near shore at Holden Beach.  Near shore placement was performed via hopper dredge in a 2015 pilot project of the MURDEN and then again with approximately a dozen drops in 2017.  This technique does not put sand on the dry sand beach.  It is near shore placement (approximately   10 feet deep) as depicted in the attached schematic (Figure 2-19, Annual Beach Monitoring Report 2017).  The latest information from the CORPS is that this would take place on or about February 21, 2018.

It is the staff’s opinion that as a result of the sand being deposited on the Holden Beach side of the inlet via the CORPS’ operating decision; Oak Island is not participating financially in this particular cycle. The County is asking for a 50/50 split of the local share of the project between themselves and Holden Beach. The estimated cost of this project is $504,000, two-thirds of which will be paid for by the State of NC Shallow Draft Navigation Fund.  Brunswick County has already submitted the $168,000 local match in order to get on the CORPS’ schedule and is requesting that the Town of Holden Beach reimburse the County half of that amount, $84,000.   We have $100,000 budgeted for dredging. If the board chooses to reimburse the County, and in anticipation of another dredge event before the summer season, the remaining funds are probably insufficient for performing a 50/50 split with no Oak Island participation. A budget amendment may be needed later in the fiscal year.

Dredge boat CURRITUCK arrived here on Wednesday, February 21st to begin inlet maintenance operations. Since the project will be performed by a ‘hopper’ dredge, there will be nearshore placement of beneficial beach quality sand.

A decision was made – Approved unanimously

Board approved reimbursing the County the $84,000 for our portion of the local match


10. Discussion and Possible Action – Vegetation for West of Central Reach Project Area – Shoreline Protection and Recreation Manager Ferguson
.a.
Discussion and Possible Approval of Ordinance 18-04, An Ordinance Amending Ordinance 1708, The Revenues and Appropriations Ordinance for Fiscal Year 2017 – 2018 (Amendment No. 1)

Agenda Packet –
The Town’s contractor for sand fence and vegetation, Coastal Transplants, conducted an assessment for the area west of the Central Reach Project.   It has been determined that the area from 800 OBW to just past 1000 OBW (approximately 5400 feet) can be best served by adding plants to foster dune growth and stabilization.  The contractor estimates that to properly cover the area 63,500 plants will be needed.  The quote on the project is $79,375.00 with the work beginning June 1st. This timeline is based on other clients being ahead of us for planting and the harsh winter hampering the growth of the plants.  There is $50,000 available in the Beach Vegetation line in the current budget.  Equilibration occurring in that area of beach, as well as a desire to extend planting further west than anticipated. exceeds the approximation originally budgeted for.  In order to fulfill the proposed work above, a budget amendment in the amount of $29,375.00 would be necessary to appropriate adequate funding.

Previously reported –
Beach Strand Dune Stabilization
The Central Reach Project placement of sand and demobilization stage have been completed. The next phase of the project is to meet the dune stabilization requirement which includes sand fencing and vegetation which is currently underway. You may be asking: Why not the rest of us, too? West end of the island is a low priority and is not considered part of our engineered beach. Therefore, federal grant funds can’t be utilized for that part of the beach strand. The Town has not planned on or budgeted for sand fencing and vegetation there. The area is not included in the grant. This Board will need to decide what needs to be done, when it will be done and budget accordingly. David said that they will need to obtain a letter of permission from each property owner before doing work, but they are not required to get easement like the Central Reach Project. At the April Town Budget Workshop, the BOC’s agreed to spend $50,000 for vegetation west of the Central Reach Project. The Town Manager had indicated that work west of the Central Reach Project will take place after the hurricane season.

Moved funds of $29,375
From Revenue account #50.0399.0000 to Expense account#50.0710.1700

Commissioner Freer instructed the Town to clarify with the vendor Coastal Transplants that just past 1000 OBW will be inclusive of all the properties through 1057 OBW.

A decision was made – Approved unanimously


11. Consideration of Setting a Ribbon Cutting Date for Bridgeview Park – Shoreline Protection and Recreation Manager Ferguson
Previously reported –
The park is across the street from Town Hall, on the water tower site, along the Intracoastal Waterway. Development of the Bridgeview site began with Town’s approval of a site master plan in April of 2013. The plan was to have site elements constructed as funds became available using grants to the maximum extent possible.

The Parks and Recreation Board plans include a playground area, a screened-in multipurpose court, two Bocce courts, a picnic area, bathroom facilities and a boardwalk along the Intracoastal Waterway that will lead to two kayak launches.

This is a breakdown of the costs for the entire project:
Town portion –
$1,000,000     Purchase three parcels / properties (December 2010)
$156,000        Storm water control and bulkhead (October 2013)
$161,000        Fund projects not covered by grants (September 2014)
$157,067        Boat Infrastructure Grant (December 2014)
$183,374        Parks and Recreation Trust Fund (PARTF) Grant (January 2016)
$6,510            Marine Sewage Pumpout Grant (January 2016)
$76,000          Overruns
$1,739,951    Total project cost to the Town, so far

Additional funding –
$40,808          Let’s Build a Playground Together –
.         • HBPOA raised funds for equipment
(2013)
$100,000        Boat Infrastructure Grant (BIG) –
        • Matching funding for transient boaters
(2014)
$183,370        PARTF Grant
        • Matching funding for parks projects (2016)
$19,530          Marine Sewage Pumpout Grant (2016)
$343,708        Total project cost additional funding

TOTAL –
$2,083,659

That makes the total costs for the entire project a little over two million dollars

Update –
They scheduled a ribbon cutting ceremony for Bridgeview Park on July 10th at 1:00 p.m.

A decision was made – Approved unanimously


Know the difference between wants and needs?
.

One of the most basic concepts of economics is want vs. need

A need is something you have to have
.         •
It’s something you can’t do without
A want is something you would like to have
.         • It’s not absolutely necessary, but it would be a good thing to have


12. Discussion and Possible Approval of Ordinance 18-06, An Ordinance Amending Ordinance 1708, The Revenues and Appropriations Ordinance for Fiscal Year 2017 – 2018 (Amendment No. 3)

Water Resources Development Grant for Canal Maintenance Dredging

Previously reported – December 2017
The Town applied for grant funding through the NC Division of Water Resources Development Grant. The purpose of our request for assistance was for navigation maintenance dredging of the canals of Holden Beach.  We were notified that the grant has been tentatively approved in the amount of $1,439,922.00. This fund uses the resources of the NC Shallow Draft Navigation Fund. Since it is a reimbursement grant, each canal will be responsible for paying for their dredging project costs upfront and then the state will reimburse the dredging line in the budget after satisfactory completion of the project. To complete the grant process, the granting agency requires a resolution from the BOC and we will then have a contract sent to us. Staff recommends accepting the grant funding. Staff would also like to communicate that various projects are beginning to be funded through the NC Shallow Draft Navigation Fund and there is no guarantee for future funding for subsequent dredging events. The Town held a meeting with the Canal Dredging Working Group Members and they are in support of accepting the grant.

Grant is tentatively approved but requires a formal resolution from the Board to finalize the process. The grant is good for two years and will accelerate our current dredging schedule. It is a reimbursement grant which means we do not receive the funds until after work is completed and paid for. Christy also requested that they allow the Town Manager to execute the contract which the Board agreed to.

Holden Beach nets state funding to dredge canals
Town officials applied for funding to dredge the canals through the N.C. Shallow Draft Navigation Fund, which provides funding to keep shallow waters in the state navigable. It includes “the Atlantic Intracoastal Waterway and its side channels.” A two-thirds match of $1.4 million was approved for the “Holden Beach Canal Maintenance Dredging Project,” for a total project cost of about $2.2 million. The remaining cost will be paid for by the property owners along the canals via assessments, yearly fees property owners have been paying for years for canal maintenance.

For Holden Beach, the project will entail removing approximately 71,500 cubic yards of sand from more than 22,000 linear feet of canals, which Hewett said constitutes the entirety of the canal subdivisions. Hewett said the state funding Holden Beach will receive is a reimbursement grant, meaning property owners will pay for the dredging cost upfront and then the state will reimburse the property owners after the project is complete. The funding award is pending the successful execution of a grant contract between the state and Holden Beach. The dredging project will start around November 2018 and should wrap up by April 2019, Hewett said.
Read more » click here

Update –
Need to amend budget to execute the project with grant funding

Canal dredging special Revenue Fund –
Harbor Acres / Heritage Harbor / Holden Beach Harbor

Moved funds of $134,987 from Revenue accounts to Expense accounts

A decision was made – Approved unanimously

13. Agenda items Discussion and Possible Action – Solid Waste Report – Town Manager Hewett

Previously reported – August 2017
Town Manager Hewett took the position that we shouldn’t jump to a solution before we completely understand the problem. David wants to view them all together and feels we shouldn’t address these issues in a piecemeal approach. Staff has already identified seventy (70) elements that need to be considered. He also would like to meet with the various stakeholders. That said, he should be able to get back to the Board in November with a suite of options, from soup to nuts.

 Update –
The Town’s total budget for solid waste services is approximately $210,000. Town Manager Hewett assembled a stakeholder group (Solid Waste Working Group – SWWG) that reviewed the entire solid waste suite of services.

 Solid Waste Report » click here

Conclusions, Options & Recommendations
Page 8 & 9

The Board will need to decide how they want to proceed. Next step is to determine what services they want to provide. Board asked Town staff to formalize compliance protocols for garbage pail requirements at rental properties.

To be continued …

No decision was made – No action taken

Trash Can Requirements – Rental Properties
Waste Industries – trash can requirements / Ordinance 07-13, Section 50.10
Rental properties have specific number of trash cans based on number of bedrooms.
.       a)
One extra trash can per every two bedrooms

§50.08  RENTAL HOMES.

   (A)   Rental homes, as defined in Chapter 157, that are rented as part of the summer rental season, are subject to high numbers of guests, resulting in abnormally large volumes of trash. This type of occupancy use presents a significantly higher impact than homes not used for summer rentals. In interest of public health and sanitation and environmental concerns, all rental home shall have a minimum of one trash can per two bedrooms. Homes with an odd number of bedrooms shall round up (for examples one to two bedrooms – one trash can; three to four bedrooms – two trash cans; five – six bedrooms – three trash cans, and the like).


14. Pointe West Stormwater Repair Project Report – Building Official Evans
.a.
Discussion and Possible Approval of Ordinance 18-05, An Ordinance Amending Ordinance 1708, The Revenues and Appropriations Ordinance for Fiscal Year 2017 – 2018 (Amendment No. 2)

Agenda Packet –
The Town of Holden Beach in the interest of life safety health and welfare have agreed to assist the Point West Property owners association in alleviating storm water issues within the Point West Subdivision. The Town put out a RFP for repairs in that area last December and received a competitive bid. The plan was drawn and paid for by a third party and the Towns Storm water engineer has reviewed the plans for effective relief.

This has been an ongoing issue since 2010 and this should help with the excessive water runoff onto private properties outside of the subdivision.

A Request for Proposal (RFP) is a solicitation, often made through a bidding process, by an agency or company interested in procurement of a commodity, service or valuable asset, to potential suppliers to submit business proposals.

 

In the spirit of full disclosure my lovely bride and I live in the Pointe West subdivision where I was on the Board of Directors.

 

.

Previously reported – April 2012
Flooding and standing water issues, the developer was not held accountable for compliance with their submitted Pointe West storm water plan. The Town has been aware of the problem since 2007. They have been unable to agree on a viable solution. In my humble opinion it will take considerable time, effort and money to resolve.

Previously reported – January 2015
Marker Fifty-Five has experienced storm water drainage issues. Request is to have Town do some cost sharing to rectify the situation. Motion was made to provide matching funds not to exceed a maximum of $10,000.
A decision was made – Approved making $10,000 matching contribution

Precedentan earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.

Update –
Stormwater plan was never implemented or installed as submitted
Town entered into joint venture to address the stormwater issue
Town facilitated resolution to address some of the issues in the subdivision
This corrective measure will not fix all the stormwater plan deficiencies
They approved matching funds for the Pointe West stormwater project

Moved funds of $9,000
From Revenue account #10.0355.0100 to Expense account#10.0540.5300

A decision was made – Approved unanimously


15. Reminder of Decal Distribution and Re-entry Policies for Owners – Commissioner Kwiatkowski

Agenda Packet –
EVACUATION, CURFEW & DECALS

What is a State of Emergency?
A proclamation by the Town which enacts special ordinances and/or prohibitions during emergency situations to protect the public, public health and property. These prohibitions can include limitations on movement, curfews, directing of evacuations, controlling ingress and egress to the emergency area, alcoholic beverages, and more.  State of Emergencies are issued in accordance with N.C.G.S. 166A-19.22.

What is a curfew?
A curfew is an order, typically during a State of Emergency, which requires all persons in the affected areas to remain on their own property. During a curfew, you are not free to move about public domain areas or on others’ property.  Violations of a curfew could lead to arrest in certain situations.

What is a voluntary evacuation?
A voluntary evacuation creates a recommendation for all parties in the affected area to get their affairs in order hastily and evacuated.

What is a mandatory evacuation?
A mandatory evacuation means you must leave the area in which an order has been issued. With recent changes to the laws in North Carolina, you no longer have the option of staying in an area under an order of mandatory evacuation.

Why is the sewer system turned off during a storm/event?
Often the sewer system is turned off during storms which have the potential to create significant flooding on the island. The system is turned off to protect its integrity. If it were left on, it could pose a significant threat to the public health.  When the system is manually shut down, it also greatly reduces the time needed to bring it back up after an event which equates to getting residents and guests back on the Island much faster.

Why is there a delay for decal holders to get back on the island once a storm ends?
After a storm, many things must occur before even limited access can be allowed. Some of those things include making sure the streets are passable; the sewer system must be restarted to comply with State laws; the utilities (water, sewer, electricity, propane supplies) must be checked to ensure no safety risk are present; and the post-storm damage assessment team needs to perform an initial assessment.

Where can I get up-to-date information during and after a storm or State of Emergency?
You can sign up for the Town email service by clicking here. The newsletter, along with the Town’s website will be the main sources of information during an emergency situation. Links to the Town’s official Facebook and Twitter pages can be found on the website. You can also download our app for Apple and Android phones by accessing the app store on your smart phone and searching Holden Beach.

Please refrain from calling Town Hall and Police Department phone lines with general information questions. These lines need to remain open for emergencies, storm management and post-storm mitigation.  All updates concerning re-entry, general access, etc. may be found on the Town’s website and other media outlets.

Why do I see others moving about the island during a curfew?
If a curfew order is in place, you must stay on your own property.  You may see many other vehicles moving about the Island.  We often receive assistance from other local, state, federal and contract personnel during events. It is likely these are the personnel you are seeing and they are involved in the mitigation process for the event. Please do not assume that a curfew order has been lifted and/or you are free to move about the island.

Can I check my friends’ property for them?
If a curfew order is in place, you may ONLY travel to your personally owned property.  Traveling about the Island to check on others’ property is not allowed.  is in place, you may ONLY travel to your personally owned property.  Traveling about

Who can obtain decals?
Only property owners and businesses who service the island can obtain a decal.

How do I get decals for my vehicle…?

If I am an owner?
Decals will be mailed out in water bills to property owners before the season starts.  Those owners who need    additional decals can contact Town Hall. A fee may apply, please check the current fee schedule.

If I am a renter?
You must contact the owner of the property to obtain a decal.

If I am a business owner on the Island?
You must contact Town Hall to obtain a decal.

If I am a business owner off the Island that provides services on the Island?
You must contact Town Hall for eligibility and to obtain a decal.

When does my decal expire?
All decals expire on the last day of the calendar year as indicated on the decal.

Where do I put my decal on my car?
Decals must be displayed in the lower left-hand corner of the windshield, where they are not obstructed by any other items to include window tinting, other decals, etc.  Officials must be able to clearly read the decal from outside the vehicle.  Please note that re-entry will not be allowed if a current, intact decal is not affixed to the windshield as designated.

How do I replace a decal if I get a new vehicle?
If you trade a vehicle or otherwise need a replacement decal, you may obtain them from Town Hall during normal business hours. A fee may apply, check the current fee schedule.

Can I obtain a decal right before an emergency occurs?
While most of the storms we deal with are tropical in nature with some type of advanced warning, we do experience many other types of events that could create a State of Emergency without warning. All eligible parties should obtain decals as early as possible each year to avoid being denied access to the Island.  Decals shall not be issued during the 24-hour period prior to an anticipated order of evacuation so staff can concentrate on properly preparing the Town for the storm/event.

Can I use a tax bill or another document for re-entry?
No. You MUST have a decal to re-enter the Island until it is open to the general public.

How does re-entry after a storm during a State of Emergency work?
The bridge is closed to all vehicle access, except for official vehicles. Once those with proper decals are allowed access, they must conform with the current rules in place by the specific State of Emergency Order.  After all hazards have been rendered safe, the bridge will be opened to the general public.  A curfew could remain in effect however, to ensure the safety and security of the Island and its residents and guests.  Please understand this process typically takes days to evolve and could be significantly longer, depending on the amount of damage sustained.  Please refrain from calling for times for re-entry, as those are often not set on schedule. Instead, stay tunes to local media outlets and official social media accounts for accurate updates.

How can I check on my property if access is limited to the Island?
Once it is safe, property owners with valid decals will be allowed back on the Island after a storm/event.  At this point, you can travel to your property, in accordance with the rules of the specific State of Emergency Order currently in place.

If you live out of the area, please do not travel to the Island until you are certain you will be allowed access.  Stay tuned to those media outlets and email services that are of official nature for this information. Also, be certain you have your current, valid decal properly affixed to your vehicle.

It is a good idea to be sure your contact information is current with the Town tax office as this is the location Town officials will use in the event you need to be contacted.

For more information » click here

Vehicle Decals
Property owners will be provided with four (4) decals which will be included in their water bills. It is important that you place your decals on your vehicles immediately to avoid misplacing them. Decals will not be issued in the 24-hour period before an anticipated order of evacuation.

The decals are your passes to get back onto the island to check your property in the event an emergency would necessitate restricting access to the island. Decals must be displayed in the lower left-hand corner of the windshield, where they are not obstructed by any other items. Officials must be able to clearly read the decal from outside the vehicle.  Please note that re-entry will NOT be allowed if a current, intact decal is not affixed to the windshield as designated.


16. Confirmation of Audit Committee Members – Commissioner Fletcher

Commissioner John Fletcher confirmed that the three current members Ben Byrnside, Mark Fleischhauer and Ron Skubic would remain on the committee. They also added a new member Tom Myers.

 A decision was made – Approved unanimously


17. Appointment of New Member to the Planning & Zoning Board – Town Clerk Finnell

They filled the Board vacancy by adding a new member Tracey Thomas

 A decision was made – Approved unanimously


18. Discussion and Possible Change to Board of Commissioners’ Meeting Schedule: Regular Meeting of March 27th and Special Meeting of March 30th – Town Manager Hewett 

BOC’s Regular Meeting originally scheduled for the second Tuesday of the month Tuesday, March 20th was moved to the fourth Tuesday of the month, March 27th. Budget Process / BOC’s Workshop Revenues was originally scheduled on Friday, March 30th.

Both meetings have been rescheduled to Friday, April 6th


This is creating havoc with the Louian Calendar!


I am not happy about the changes. We currently have meetings scheduled on the second, third and fourth Tuesday of the month. Now we just scheduled a meeting on the first Friday of the month. Seriously, make up your minds already!!!! 


19. Discussion, Update and Possible Decision on Preliminary Flood Maps – Mayor Pro Tem Sullivan

Previously reported – February 2017
Flood Insurance Rate Maps (FIRM)
Using the first major upgrade in eight years, state officials have released preliminary flood-plain maps and the news is largely good for Holden Beach residents. The vast majority (92%) of the properties on Holden Beach will see a decrease in their insurance cost.

 In February of 2016 we entered the Review Period, any proposed revisions are reviewed and then remapped. Then we enter the Approval Period, if approved they will issue a Letter of Final Determination. The maps will only take effect when adopted and implemented by the local government. The local government will then have six (6) months to adopt the maps.  Unfortunately, we are unable to adopt prior to obtaining the letter of determination. The Town will prepare a draft resolution pending obtaining the letter of determination. The Town will be ready when the maps are finally approved.

A Letter of Final Determination (LFD) is a letter the Federal Emergency Management Agency (FEMA) sends to the Chief Executive Officer of a community stating that a new or updated Flood Insurance Rate Map (FIRM) or Digital Flood Insurance Rate Map (DFIRM) will become effective in 6 months. The letter also notifies each affected flood prone community participating in the National Flood Insurance Program (NFIP) that it must adopt a compliant floodplain management ordinance by the map effective date to remain participants in good standing in the NFIP.

The cost of delaying approval is in excess of four (4) million dollars a year for unnecessary additional insurance coverage. HBPOA position is that, instead of sitting on our hands we should be yelling and screaming about getting these maps approved. Mike requested the Board take a proactive role with both FEMA and our elected state officials.

 Adoption Resolution 17-01, Urging Action on the FEMA Flood Map Process

Update –
The preliminary maps were published in August 2014, some forty-two (42) months ago.
We anticipate that we will be getting FEMA’s Letter of Final Determination (LFD) on February 28th.

Mayor Pro Tem Sullivan drafted letter to be sent to our Congressman and two Senators prior to the announcement that we would get Letter of Final Determination at the end of this month.

I am the owner of property located, within your Congressional District, on Holden Beach Island, North Carolina. Due to the Federal Emergency Management Agency (FEMA’s) failure to perform its duties in a timely and efficient manner, I and thousands of similarly situated constituents and homeowners are paying exorbitant and outdated flood insurance premiums. In the aggregate, the approximately 2500 homeowners of Holden Beach, are currently paying in excess of $4,000,000 in flood insurance premiums, per year. You can be reasonably certain that Holden Beach is not the only coastal community within your congressional district that is in this situation.

On August 29, 2014 FEMA published preliminary Flood Risk Information System (FRIS) maps for Holden Beach. These maps will result, when effective, in 92% of the property owners benefiting in a reduction in annual flood insurance premiums, many of those reductions in the $3,000-$5,000 range. Shortly thereafter, January 2017 was identified as the implementation date. Although, a seemingly inordinate amount of time, it turns out those expectations were wildly optimistic. The town, its residents and property owners have been waiting patiently for a Letter of Final Determination to be issued. The issuance date has been repeatedly postponed without explanation or justification. This continuing delay is unconscionable and unexplainable since there were only a handful of appeals filed challenging the preliminary findings and the town has been fully ready to fulfil its procedural duties in assuring a timely use of the maps. The delay results in your constituents paying thousands of dollars in inflated annual insurance premiums.

I ask that you intercede on my behalf, as well as for the best interests of all the residents and property owners of Holden Beach, in ensuring FEMA carry out its responsibilities by issuing a Letter of Final Determination within 90 days and reclassifying the current maps from preliminary to effective as soon thereafter as possible. I also ask that since the unreasonable delay is solely the result of FEMA’s failure to perform its duties, that any inflated flood insurance premiums, paid from February 2017 until implementation of the pending flood maps be calculated and reimbursed to the affected policyholders.

The Board was rather skeptical about the tentative effective date at the end of the month. In the event the Letter of Final determination is not issued by March 1st they plan to post the letter on the Town website. If nothing else the letter is a good recap. The maps will only take effect when adopted and implemented by the local government. THB ordinance change will be an agenda item at the next Regular meeting. Unfortunately, they still aren’t effective for six (6) months from the date letter of final determination was issued. That makes the effective date August 28th this year.


20. Town Manager’s Report

Personnel Changes –

  • Police / Officer Brandon Dosher went from a full-time position to a part-time position
  • Public Works / General Laborer Adam Sellers resigned
  • Administration / Administrative Asst Kendra McDonald is on extended medical leave

21. Public Comments on General Items

There were comments made regarding the following:
.     1) Rich W – Solid Waste
      a. Rollbacks should be for everyone or for no one
.       b. Recycling should be weekly, also voluntary not mandatory
.     2) Ashley R – Solid Waste / Advice
     a. Rollbacks & Recycling echo what was said
.      b.
Actions should be guided by Change Management Principle
.          •
Safety / Compliance / Cost Effective


General Comments –

There were thirty (30) members of the community in attendance

It was a marathon meeting lasting three and a half hours

The Board were all well prepared, engaged, and continue to have productive discussions before rendering a decision; this is a welcome change. Kudos!

The BOC’s March Regular Meeting was moved to APRIL 6th 


Budget
Kickoff of our budget season
Local governments must balance their budget by a combination of the following:
.     1)
Raising taxes
.     2)
Cutting spending
.     3)
Operating more efficiently
The Town Manager’s proposed budget is due by June 1st
Commissioners must adopt budget no later than June 30th for the next fiscal year

Adopting the annual budget is a primary responsibility of the Board.

Budget Meeting Schedule / 2018
    1) 16 January BOC’s Workshop Goals & Objectives / Capital Program
* Only eleven (11) members of the community were in attendance
    2) 19 January BOC’s Workshop Goals & Objectives
*
Only two (2) members of the community were in attendance
    3) 23 February Canal Dredging Working Group
.     4)
9 March Departments input to Manager
    5) 6 April
BOC’s Workshop Revenues
.     6)
13 April BOC’s Workshop Expenses
    7)
31 May Budget Message
.     8)
13 June Public Hearing
.     9)
19 June Regular BOC’s Meeting
.     10)
30 June Budget adopted (No Later Than)

AUDIT COMMITTEE MEETING  01/24/18
.     1) Presentation of 2016 – 2017 Audit – Alan Thompson
.     2)
Introduction and Discussion of BOC’s Tasker Regarding
House Bill 436

Audit Report » click here

Audit Committee plans to do quarterly review to monitor if we remain on track

House Bill 436
Authority to impose fees has been modified
Necessitates us having to retool water and sewer fee rate schedule
Recommends it be prepared by licensed professional engineer
Town Manager plans to commission McGill and Associates to develop rate schedule

North Carolina General Assembly – House Bill 1730 / S.L. 2004-96
Enacted on 07/13/2004
Gives us the authority to charge the sewer treatment fee
For more information » click here

Holden Beach Sewer Treatment Fee
For more information » click here

A sewer capital fee of $497.30 per developable property within the corporate limits of the Town of Holden Beach is authorized for the payment of debt service to fulfill the Town’s sewer capital obligation. Said fee is to be billed concurrently with ad valorem property taxes and collected in accordance with applicable North Carolina General Statues.

The Town Budget Ordinance is where the actual assessment is made
That levy is contained in language on page 7 of Ordinance 17-08
For more information » click here

House Bill 436 / Public Water and Sewer System Development Fee Act
Enacted on 07/20/2017
Eliminates the authority to charge the fee
Town must comply not later than July 1,2018
For more information » click here 

Renter Alert – currently sewer fee of $497 is paid by the landlord with their property taxes, the change that eliminates our authority to charge fee will cause us to roll fee into monthly water bill which is usually paid by the tenant


Hurricane Season –

Hurricane #1 - CR

National Oceanic and Atmospheric Administration (NOAA)
The National Oceanic and Atmospheric Administration (NOAA) defines a hurricane as “an intense tropical weather system with a well-defined circulation and maximum sustained winds of 74 mph (64 knots) or higher.”

Be prepared – have a plan!

For assistance with making an emergency plan read more here »
. 1) FEMA Ready
. 2) American Red Cross Disaster and Safety Library
. 3) ReadyNC
. 4) Town Emergency Information
. 5) HBPOIN Hurricane Emergency Plan

THB – EVACUATION, CURFEW & VEHICLE DECALS
For more information » click here


Terminal Groin –Terminal Groin #6 - CR

Terminal Groin Presentation
For more information
» click here

Update – November 2017

HBPOA Meet the Candidates Night – Candidate Responses

Terminal Groin
Since 2011, the Town has pursued permits for a long-term East End beach nourishment Project that includes a Terminal Groin intended to slow downshore erosion along a portion of that beach. The Town’s draft Environmental Impact Statement necessary for the permits was first released in August 2015 and has been pending with the U.S. Army Corps of Engineers. According to the Town’s draft EIS, the Town’s long-term funding commitment for the project would be $30+ million. Please indicate which best describes your position on the Project.

Joe Butler
FAVOR CONTINUATION OF BEACH NOURISHMENT USING SAND FROM DREDGING LOCKWOOD FOLLY INLET, AND OPPOSE BUILDING TERMINAL GROIN

John Fletcher –
FAVOR CONTINUATION OF BEACH NOURISHMENT USING SAND FROM DREDGING LOCKWOOD FOLLY INLET, AND OPPOSE BUILDING TERMINAL GROIN

Peter Freer
FAVOR CONTINUATION OF BEACH NOURISHMENT USING SAND FROM DREDGING LOCKWOOD FOLLY INLET, AND OPPOSE BUILDING TERMINAL GROIN

Pat Kwiatkowski –
FAVOR CONTINUATION OF BEACH NOURISHMENT USING SAND FROM DREDGING LOCKWOOD FOLLY INLET, AND OPPOSE BUILDING TERMINAL GROIN

Mike Sullivan –
FAVOR CONTINUATION OF BEACH NOURISHMENT USING SAND FROM DREDGING LOCKWOOD FOLLY INLET, AND OPPOSE BUILDING TERMINAL GROIN

HBPOA Survey Results
Question #11
What should the Town do to combat chronic erosion on the East End of the island?
Regularly renourish the East End by dredging the inlet. / 185
Construct and maintain a terminal groin. / 95
Do nothing. / 54

There does not appear to be a lot of support for a terminal groin. With 239 out of 334 that chose an action, @72% of those responding DO NOT support building a terminal groin.

My Two Cents - CR II

I have been cogitating on the question of where we’re heading vis a vis building a terminal groin here. The combination of the HBPOA survey and the recent election results appear to point to us not moving forward with this project.

Update – January 2018
Presentation by Clark Wright of Davis Hartman Wright,
Legal Advisor to the Board with Respect to Beach Protection and Other Environmental Issues

Holden Beach Terminal Groin – Fact / Status Sheet
January 16, 2018

  • Town involved in various evaluation, legislation and permitting efforts for 10+ years
  • 2009 CAMA LUP contains language supporting investigating feasibility of HBTG
  • Town provided lobbying funds, political and staff support for State enabling legislation (SB110)
  • BOC enacted Resolution to seek CAMA permit in 2011 (Resolution 11-12, dated 09-13-11
  • BOC effectively reaffirmed support in 2016 (see Minutes of January 2016 BOC Meeting)
  • Town expenditures to-date total to at least $637,161.00 (source: David Hewett)
    • $ 20,000 “Save our Sand” Lobbyist
    • $401,332 Dial Cordy – EIS drafting task – USACE 3rd Party Contractor
    • $ 16,889 Surveying
    • $103,334 Outside Legal Counsel Services Supporting Process
    • $ 93,305 ATM – Engineer of Record
    • $ 2,301 – (data collection; advertising; transcripts)
  • Actions to-date:
    • USACE – lead federal agency – Section 10/404 Federal Permits – Responsible for EIS process, working with 3rd Party Contractor, Town and other stakeholders; process has covered 6+ years
    • USACE Scoping Meeting – Public Notice issued 02-28-12
    • USACE Public Notice of issuance of Draft EIS was issued on 08-28-15 (in connection with the Town’s Application for Section 10/404 Federal Permits authorizing TG)
    • “Inlet Management Plan” is included as part of Draft EIS
    • “Economic Analysis” addressing various alternatives included in the Draft EIS
    • USACE has provided final comments to Dial Cordy; issuance of the Final EIS is expected within 30 days; FEIS is expected to support preferred alternative for TG
  • Anticipated Future Actions (assumes process continues to move forward):
    • Issuance of the Final EIS within 30 days; FEIS will be published in Federal Register with a notice asking for final comments before USACE writes and publishes final “Record of Decision (“ROD”).”
    • The USACE ROD may be to adopt any of the alternatives described in the FEIS, including the “no action” alternative. It is anticipated that the USACE ROD will endorse the “preferred alternative” described in the DEIS/FEIS (i.e., recommend issuance of Federal Section 10 and Section 404 Permits authorizing construction and operation of a terminal groin at Lockwood Folly Inlet.)
    • Once the FEIS and ROD are published, the Town then can formally submit a Major Development CAMA Permit Application to the NC Division of Coastal Management (DCM). In addition to compliance with all CAMA rules and provisions, the CAMA Permit Application Package must comply with any mitigation measures described in the FEIS, as well as requirements as set forth in SB110, as amended – including financial assurances package that must receive review/approval from the NC Local Government Commission. [NOTE: The Town and its contractors have worked on a draft CAMA Permit Application Package; additional work remains to be done to address FEIS requirements; the “financial assurances” package has not been prepared, even in draft form; the Town Manager has obtained copies of packages submitted by several other TG applicants.]
    • Real Property Easements will have to be obtained by the Town from oceanfront property owners owning land where the proposed terminal groin comes ashore, as well as all areas where any physical portions of the structure would be located above mean high water. (Note that terminal groin structures run several hundred feet landward of the mean high-water mark.)
    • In addition to real property easements for the location of TG structures, it is likely that DCM will require the Town to identify and obtain easements from ocean front property owners located within the “service area” of the TG where beach nourishment activities are an integral part of the anticipated “beneficial” functioning of the TG. No easement legal work specific to the TG project has been undertaken by the Town Attorney to-date; parcel information regarding those ocean front property owners recently was provided to the Town Attorney by the Town Manager. There appears to be overlap of these parcels with those tied to the TG project. Potentially affected landowners have not received any formal notices or communications from the Town regarding these matters.
  • Related potentially relevant activities include:
    • Ongoing federal litigation filed by NC Audubon and SELC against USACE and OIB
    • Status of Figure Eight Island TG process, currently on hold
    • Status of Federal reauthorization of the NFIP
    • Existing SDI5 Permit, and potential modifications/renewal
    • Town Eastern Reach nourishment project(s)
    • Future repeats of Central Reach Project
    • Potential actions by Brunswick County (Jetty? Purchase of dredge? Other?)
    • Relationship with Oak Island?
    • Relationship with General Assembly?
    • Relationship with NC State Government?
    • Status of endangered species, including sea turtles and sea bird species?
    • Relationships with commercial/recreational fishing interests?
    • Relationships with oceanfront property owners?
    • Potential legal challenges naming Town as a party
    • Potential to cooperate with various NGO’s
    • Establishment of permanent beach and inlet management standing committee or board

My Two Cents - CR IIWe already invested over six hundred and thirty-seven thousand dollars ($637,111) so far. We either continue to support moving forward or cut our losses and pull the plug. We should have already gotten the permit. Once we have the permit in hand, we will have to decide whether to fund it or not. I anticipate an unexpected denouement.

Update – February 2018

What’s next?

The next steps include the following:
.    
1) USACE final EIS published by February 23rd
.     2 ) Public comment period begins – 30 days
    3) USACE Record of Decision (ROD)
.     4) CAMA application completed
    5) Federal and State permit issuance / Permits expire in five (5) years

For more information, go to the Terminal Groin post


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