Lou’s Views

Town Meeting 04/17/18

“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:

Yet another brouhaha over the proposed creation of a Beach and Inlet Protection Board. Five members of the Parks & Recreation Advisory Board spoke, all were opposed to establishing the new board. The message was loud and clear, they were never given an opportunity to perform the duties being given to new Board and they should have been asked to do so.

Who would have thought that creating a new Board would be more controversial then the agenda items to revoke the terminal groin permit application?


2. Recognition of Jack Boldt for his Eagle Scout Project Completed on Holden Beach – Shoreline Protection and Recreation Manager Ferguson

His eagle scout project was to make improvements to the handicap access at Quinton Street. Appreciation was given from the Town for his service project. A plaque was presented and followed by a photo-op.


3. Discussion and Possible Award of Contract for Roadway Work (Marlin, Boyd Paving) – Shane Lippard, Right Angle Engineering

Agenda Packet –
Attached is the single bid that we received from Highland Paving for the Town of Holden Beach Road Work 2018. Our Engineer’s Estimate for this work was $94,189 and this bid came in under the budget at $92,050. We have had Highland Paving on several projects and have found their work to have met the necessary requirements of the project.  We would recommend the award of this work to them being the responsive low bidder.

Previously reported –
Streets Condition Survey report dated November 2015. We have a total of 12.8 paved asphalt roadways with @40% of the roads in need of maintenance. Total estimated costs are a whopping $1,200,000. Surface evaluation was done rating each street and prioritizing the work that needs to be done. Recommended we address it with a ten-year game plan, budgeting accordingly, tackling it on a yearly basis. Understandably we can expect our streets to continue to degrade while costs will continue to go up.

Update –
Highland Paving had the low bid at $92,050. Right Angle Engineering firm has previously worked with them on several projects. Work will be performed before Memorial Day weather permitting. Highland Paving was awarded the contract for roadway work for the maintenance of existing streets on the island in accordance with the approved Streets Survey dated November 2015. The streets having work done this year are Marlin and Boyd. These streets, Sand Spur, Sand Piper, and Sand Dune, are all scheduled for 2019.  Also, the Town plans to update the pavement management plan this year.

A decision was made – Approved unanimously


4. Police Report – Chief Wally Layne

Police PatchBelieve it or not we made it all the way through the winter with no break-ins. It was the best winter since he got here. Unfortunately, that is no longer the case. We’ve had five (5) break-ins in the last five (5) days. They have a suspect and anticipate an arrest shortly.

 Personnel Changes –

  • Officer Brandon Dosher went from a full-time position to a part-time position
  • Hired an Officer that is being processed through the system

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
Don’t leave vehicles unlocked
Don’t leave valuables in your vehicle


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 –
Four (4) meetings have been held between staff and the engineering firm to date. The final plans were delivered to the Town and have been reviewed and approved by the Building Inspector. Deliverables – Timeline has been revised.

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 Scheduling of a Date to Award Contract for Vacuum Sewer System #4 Upgrade – Public Works Director Clemmons

Agenda Packet –
Green Engineering’s revised schedule for the Vacuum Sewer System #4 Upgrade Project shows bids being due on May 8th. Staff recommends scheduling a Special Meeting for May 14th at 10:00 a.m. to award the contract to the recommended firm.

Update –
They were unable to schedule a Special Meeting since they did not have a quorum on any of the proposed dates. Town Manager will attempt to schedule Special Meeting and Public Hearing at the same time on a May date to be announced.

No decision was made – No action taken


7. Discussion of Existing Rules of Procedure for the Board of Commissioners and Consideration of Changes to the Existing Rules – Commissioner Kwiatkowski
Any changes to be made to the document for public release prior to Board adoption. 

Agenda Packet –
If changes are agreed, Board agreement on a final Rules of Procedure can be discussed after a clean document incorporating accepted comments has been created and reviewed by the Town Attorney.

Previously reported – December 2017
The Board of Commissioners are required to adopt Rules of Procedure per the Town’s Code of Ordinances Section §30.19.

§30.19 RULES OF PROCEDURE.
The BOC shall adopt such rules of procedure not inconsistent with North Carolina General Statutes at their regular scheduled meeting each December, or at other such times deemed appropriate, and publish same in the office of the Town Clerk.

This Board chose to continue under the current rules adopted by the previous Board. They plan to revisit this issue after the three (3) new members of the Board complete their training course

A decision was made – Approved unanimously

Update –
Commissioner Kwiatkowski attempted to incorporate the suggested Rules of Procedure for a City Council that was recently released by the School of Government with the version the 2015- 2017 Board adopted. It did not go well. Commissioner Kwiatkowski and Commissioner Freer have agreed to work together and try to resolve.  Mayor Pro Tem Sullivan recommended rather than meld the two they should use the School of Government template and modify that document making only minor adjustments.

No decision was made – No action taken


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

Agenda Packet –

Ordinance 18-02, Establishing

§35.02 POWERS AND DUTIES.

The Inlet and Beach 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) Evaluate the feasibility and cost and benefits of proposed dredging projects, beach and/or dune nourishment projects and protective structure 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)  With the assistance of the Attorney assigned to support the Inlet and Beach 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”;

(E)  With the assistance of the Attorney assigned to support the Inlet and Beach 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;

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

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

Ordinance 18-03, Amending

§34.12 Creation, name and number of members.

Through expiration of terms, the number of board   members will decline to a maximum of five residents or property owners 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.

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.

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

Update –
Despite running it up the flagpole numerous times, four (4) changes were made to the Ordinances yet again.

A decision was made – Approved (4-1)


9. Discussion and Possible Action by the Board of Commissioners to Permanently Revoke Resolution 1112, Entitled “Terminal Groin Permit Application” – Commissioner Freer

Previously reported –
Board of Commissioners enacted Resolution 11-12 to seek CAMA permit in September of 2011

A decision was made – Approved

10. Discussion and Possible Action by the Board of Commissioners to Direct Clark Wright, Special Environmental Counsel to the Town of Holden Beach, to Immediately Communicate with the USACE Electronically, Followed by the Sending of a Formal Letter via Certified Mail, the Decision by the Board of Commissioners to Withdraw Fully and Cease Any and All Further Processing of, or Action on, the Town’s Currently Pending Section 10 and Section 404 Permit Applications and Associated NEPA Documentation – Corps Action ID No. SAW-2011-01914 – Commissioner Freer

A decision was made – Approved

11. Discussion and Possible Approval of Resolution 18-02, Resolution for the Withdrawal of All Applications for Terminal Groin – Commissioner Freer

Agenda Packet –

RESOLUTION 18-02 / Withdrawal of All Applications for Terminal Groin

WHEREAS, on September 13, 2011 The Board of Commissioners adopted Resolution 11-12, directing the Town Manager “to make application to the North Carolina Division of Coastal Management/Coastal Resources Commission for a permit to construct a Terminal Groin on the east end of Holden Beach adjacent to the Lockwood Folly Inlet;” and

WHEREAS, thereafter the Town Manager executed various contracts and agreements with, among others, the United States Army Corps of Engineers (USACE), Dial Cordy & Associates, a surveying company, outside legal counsel, and others for the purpose of applying to the USACE for Section 10 and Section 404 permits, and preparing the associated National Environmental Policy Act (NEPA) documentation; and

WHEREAS, various public scoping meetings and interagency team meetings have been conducted, and a Draft Environmental Impact Statement (DEIS) and Final Environmental Impact Statement (FEIS) produced, with the FEIS signed on March 8, 2018, and officially noticed to the public on March 15, 2018, thereby commencing a final 30-day comment period, after which the USACE normally would draft, sign and publicly notice its final Record of Decision (ROD) document, constituting the agency’s final decision on the Town’s pending federal permit applications; and

WHEREAS, the Division of Coastal Management (DCM) previously informed the Town that no permit applications for a terminal groin may be made to that agency until the aforementioned federal NEPA process associated with the Town’s pending Section 10 and Section 404 permit applications is complete; and

WHEREAS, the Town has noticed and conducted special and regular meetings of the Board of Commissioners, including a Regular Meeting held on April 6, 2018, where the entire meeting agenda was devoted to obtaining information from a number of experts, engineers, environmental interest groups, property owner associations, property owners and other interested members of the public; and

WHEREAS, on December 19, 2017, the Town retained special outside environmental counsel to advise the Board and Town Attorney on issues related to shoreline protection, specifically including assessment of the pending Lockwood Folly Inlet Terminal Groin project; and

WHEREAS, the federal permit process described above was commenced by the Town without any meaningful cost benefit analysis or stated plan in place for the required 30-year (and longer) funding of the long-term costs of the project, obtaining necessary easements or permissions from private property owners directly affected by the proposed construction of the terminal groin or funding for any of the necessary financial instruments required to maintain the terminal groin; and

WHEREAS, the analyses contained in the DEIS and FEIS of the positive and negative physical impacts of the terminal groin on beach front properties it is intended to protect, on other beach front properties and on the involved inlet are based on computer models done based upon out of date data and without regard to more recent coastline and inlet changes, and is not modified to consider material issues from the perspective of a local unit of government, such as the Town of Holden Beach, or its governing Board of Commissioners, who are charged by law to act only in the best interests of ALL of the Town’s citizens and residents, and ALL guests who come to use and enjoy the Town’s ocean beaches and other amenities; and

WHEREAS, over the past two years, the Town has completed the Central Reach Project to the west of the beach areas proposed to be affected by the terminal groin project, and the Town has engaged in significant beach nourishment on the East End, including beach nourishment utilizing low cost sand available as a by-product of the continued dredging of the Lockwood Folly Inlet at costs orders of magnitude lower than costs utilized by the USACE in the DEIS and FEIS; and

WHEREAS, a number of leading coastal scientists, including Dr. Stan Riggs and Dr. Len Pietrafesa, have expressed serious concerns and opposition to the use of terminal groins generally, and the proposed Lockwood Folly Inlet Terminal Groin in particular; and

WHEREAS, Professor Andrew Coburn of Western Carolina University, Associate Director of the Program For the Study of Developed Shorelines has written the Town a letter, dated April 5, 2018, in which Professor Coburn states that the Town’s proposed Terminal Groin project “will not achieve any of the town’s aforementioned objectives” (emphasis in original) and that it is his professional opinion that this project “is fiscally irresponsible and a breach of fiduciary duty” for the Board of Commissioners to support; and

WHEREAS, each Member of the Holden Beach Board of Commissioners has carefully reviewed not only the DEIS and FEIS, but also many hundreds of pages of relevant data, information, published articles, and other published environmental documents, including the confidential report and public notebooks prepared for each Member of the Board by its special environmental counsel, as well as the environmental documents associated with the Ocean Isle Beach terminal groin project, the Bald Head Island terminal groin project, the Figure Eight Island terminal groin project and the recently published FEIS for the Bogue Banks 50 year renourishment project (in which document a terminal groin alternative was discussed in detail and rejected); and

WHEREAS, during its April 6, 2018 Regular Meeting devoted to review of the proposed Lockwood Folly Inlet Terminal Groin project, the Board of Commissioners was informed by officials representing the Southern Environmental Law Center (SELC) and the North Carolina Coastal Federation (NCCF) that issuance of the pending federal permits and any subsequent issuance of a CAMA Permit by DCM – would result in federal and state litigation challenging such permits and associated NEPA documentation; and

WHEREAS, while the Board of Commissioners does not consider the threat of such litigation as a material or substantive basis for the making of its decisions, the Board does consider such information relevant to the Board’s overall duty to evaluate the costs and benefits of the proposed Lockwood Folly Inlet Terminal Groin project; and

WHEREAS, the Board of Commissioners has concluded that, in carrying out its duties to equitably and fairly protect the health, safety and welfare interests of all of its citizens, as well as the thousands of guests who come to visit the Town of Holden Beach each year, the total costs to the Town, its citizens and visitors of the proposed Lockwood Folly Inlet Terminal Groin greatly outweigh the potential benefits thereto, both financially and otherwise.

NOW, THEREFORE BE IT RESOLVED, that the Holden Beach Board of Commissioners hereby revoke Resolution 11-12, Terminal Groin Permit Application; and

BE IT FURTHER RESOLVED, that the Board of Commissioners does direct that Clark Wright, Special Environmental Counsel to the Town of Holden Beach immediately communicate with the USACE electronically, followed by the sending of a formal letter via certified mail, the decision by the Board of Commissioners to withdraw fully and cease any and all further processing of, or action on, the Town’s currently pending Section 10 and Section 404 Permit Applications and associated NEPA documents–USACE Action ID No. SAW-2011-01914.

 A decision was made – Approved unanimously

Ana Zivanovic-Nenadovic with the NC Coastal Federation said the organization supports the withdrawal of a terminal groin permit application:

“We are pleased that the town has realized how bad an idea this terminal groin is. In general, terminal groins have many unintended consequences – they cause unintended downdrift erosion, harm natural habitat for birds and turtles and impede public access to the beach. They are also extremely expensive. In the case of Holden Beach, a detailed analysis of the Army Corps of Engineers’ Final Environmental Impact Statement revealed a terminal groin might protect just a few more properties compared to those protected by the current nourishment method. We believe that the current nourishment system in the East End works well for the town. It is less costly and it does the job. Additionally, the 2017 Holden Beach Annual Beach Monitoring Report said the nourishment at the East End was successful, reiterating that current nourishment and erosion control methods work for the town.”


12. FEMA Flood Map Adoption Schedule – Building Official Evans 

Flood Insurance Rate Maps (FIRM)
Previously reported – February 2018
The preliminary maps were published in August 2014. In February 2018 the Town received approval from FEMA for revisions to the Holden Beach Flood Insurance Rate Maps (FIRM). These map revisions will be effective August 28, 2018 once the Town formally updates our local ordinances. The Town staff is working on an implementation schedule and anticipates being able to use the new maps for construction in late May. 

The National Flood Insurance Program
The National Flood Insurance Program aims to reduce the impact of flooding on private and public structures. It does so by providing affordable insurance to property owners and by encouraging communities to adopt and enforce floodplain management regulations. These efforts help mitigate the effects of flooding on new and improved structures. Overall, the program reduces the socio-economic impact of disasters by promoting the purchase and retention of general risk insurance, but also of flood insurance, specifically.
Read more » click here

Update –
The National Flood Insurance Program (NFIP)

A voluntary program based on a mutual agreement between the Federal government and the local community:

  • In exchange for…adopting, implementing and enforcing a FPM ordinance
  • Federally-backed flood insurance made available to property owners throughout the community

 To join NFIP, communities must submit:

  • Resolution of intent to “maintain in force…adequate land use and control measures” and to cooperate with FEMA
  • Adopted Flood Damage Prevention Ordinance
  • NFIP Application

 FEMA has set the effective date of the FIRM to be August 28, 2018

THB has 1,875 insurance policies that are currently participating in the program

North Carolina General Statutes require public hearings for adoption and amendment of land use ordinances, and a Flood Damage Prevention Ordinance is considered a land use ordinance.

  • County – 153A-323
  • Municipality – 160A-364

Before adopting or amending any ordinance authorized by this …, the [community] shall hold a public hearing on it. A notice of the public hearing shall be given once a week for two successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published the first time not less than 10 days nor more than 25 days before the date fixed for the hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included.

Update –
The Town needs to adopt FPM Ordinance for it to be effective on August28, 2018. Tim will submit Ordinance at the next scheduled regular meeting for the BOC’s approval. We can start using the preliminary maps once we adopt the Ordinance. But we can’t get a reduction in our flood insurance rates until the new maps become effective at the end of August.

No decision was made – No action taken

TOWN WEBSITE
The Town has received approval from FEMA for revisions to the Holden Beach Flood Insurance Rate Maps (FIRM). These map revisions will be effective August 28, 2018 once the Town formally updates our local ordinances. The Town staff is working on an implementation schedule and anticipates being able to use the new maps for construction in late May. These maps may be viewed at http://www.ncfloodmaps.com.


13. Discussion and Possible Action on Recommendations from Citizen Advisory Committee Report on Parking for Implementation Prior to the 2018 Beach Season  – Commissioner Butler

The following are the first phase of recommendations that have been reviewed in the previous BOC’s meeting. This information also includes the recommendation to revise Chapter 72 Ordinance, Parking Regulations, Section 72.02 Section K that was discussed during the same meeting. (It shall be a violation of this chapter to leave standing any portion of a vehicle in a lawful parking area between the hours of 2:00 a.m. and 5:00 a.m.).

1. Develop a visitor map of all available approved public parking locations throughout the island.
2. Parking direction signage, to include signage at the various identified public parking locations.
3. Better utilization of current public parking spaces at the various locations with either the use of bumpers/ curb stops or paint stripping.
4. Revise the Town Ordinance 95.05 to accommodate the recommendation for property owners to have an option to preserve their landscaping and irrigation systems by installing a post and rope in the rightof-way not to exceed 24” in grade.
5. Develop a communications plan pertaining to parking revisions.
6. Police enforcement and monitoring is required to support implementation of the changes.

a) Ordinance 18-07, An Ordinance Amending the Holden Beach Code of Ordinances, Chapter 72: Parking Regulations (Section 72.03 Parking Regulated on Public Streets and Rights-of-Way)

b. Ordinance 18-08, An Ordinance Amending the Holden Beach Code of Ordinances, Chapter 95: Streets (Section 95.05 Street Rights-of-Way)

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.

Update –

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.
Develop a hard copy map for inclusion on the Town website.
No copies at this time.
Add Around Me to our existing Town app.

. 2. Provide signage at the bottom of the bridge as to parking locations, to include signage at these locations.
Staff to work with the Department of Transportation to develop a mutually accepted map of locations and encroachment agreement to place signage.

. 3. Better utilization of current parking through the use of parking space marking and dividers.
Staff will determine the number of curb stops to purchase, will add striping for other available areas.

. 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 height

. 5. Town ordinances impacted by the changes to be revised accordingly.
Approval of Ordinance 18-07 and Ordinance 18-08.

ORDINANCE 18-07
(K)   Additional violation. It shall be a violation of this chapter to leave standing any portion of a vehicle in a lawful parking area between the hours of 2:00a.m. and 5:00a.m.

ORDINANCE 18-08
(B)  The ten feet of rights-of-way nearest the pavement or road bed shall remain clear of all items with the following exceptions:
(1)   Mailboxes, newspaper boxes, post and rope not to exceed 24″ from grade.

. 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.
The plan will utilize the Town’s different media sources (website, blat, Facebook, etc.) to communicate available parking

. 7. Police enforcement and monitoring required to support implementation of the changes to include visitor guidance.
Utilize the existing Police Department to enforce parking.

. 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 officers.
Parking violations are already a civil offense. No hiring of additional seasonal staff.

Update –
Some of the items still need to be approved by the DOT and may not be completed for the beginning of the tourist season.

A decision was made – Approved unanimously


14. Direct Solicitation for External Audit – Commissioner Fletcher 

Previously reported –  APRIL 2017
The North Carolina Local Government Commission requires the Town to have an annual audit performed. The Town has used Thompson, Price, Scott, Adams and Co. since 2012 to perform this service. Approval of the contract means that Thompson, Price, Scott, Adams & Co has been selected for their sixth consecutive year, with no cost increase, to handle our audit for fiscal year that ends June 30th, 2017.
Protocol is to change firms every few years, traditionally we have done that after vendor has audited us for three years. Annual audit vendor usually selected, and contract signed in February.

Update –

A decision was made – Approved unanimously


15. Internal Control Assessment – Commissioner Fletcher

a. Direct Solicitation of Accounting Firm to Conduct Comprehensive Financial and Accounting Internal Control Review

Agenda Packet –
The Audit Report with respect to the Town’s Annual Financial Statements for the year ended June 30, 2017 raised two “significant deficiencies” with respect to the Town’s financial controls and procedures for financial statement preparation. The Audit Report also concluded that any financial reports provided to the Commissioners cannot be relied on, as the ledger does not reflect adjustments made in previous years. The Audit Committee has had preliminary discussions with the Auditor about these matters and the audit process, and as part of that discussion the Auditor recommended that the Town engage a consultant to perform a comprehensive review of its internal financial controls. The Audit report, approved and signed by the Town’s Finance Director included a corrective response stating, “The Town of Holden Beach’s governing body feels that there are limited financial resources at this time for training the finance department staff in GAAP and that it is not cost beneficial to obtain additional assistance in this area.” This statement was false. Accordingly, I move that:

The  Audit  Committee  is  authorized  and  directed  to review,  investigate,  report   and  make recommendations to  the  BOC on

(i) the  Town’s accounting and  financial control systems including “significant deficiencies” related to internal controls;
(ii) appropriate training of financial and accounting staff;
(iii) policies and procedures relating to financial statement preparation, preventive and detective internal controls,  and the audit process, including engaging such consultants to perform such internal controls review as the Audit Committee deems necessary or appropriate.

Handout –
Statement of Work
“The Board of Commissioners of the Town of Holden Beach, via their Audit Committee, is soliciting proposals to perform a review of the Town’s internal controls.

The scope of this work will include a review and assessment of current practices in the operations of the finance department, including the preparation of financial statements that are compliant with generally accepted accounting principles, and the development of financial reports provided to the Board of Commissioners.  In addition, the work should include a focus on the controls designed to prevent or detect misappropriations, embezzlement, and any other potential fraudulent activities. 

The deliverables from the work should include an assessment of the effectiveness of existing controls as well as their implementation, recommended changes to work practices, policies and procedures to ensure accurate financial reporting, and to prevent certain events from occurring, as well as backup procedures to ensure the proposed internal controls function as intended.

The work should comply with the Local Government Budget and Fiscal Control Act and align with the principles in the COSO Internal Control Integrated Framework. ” 

Previously reported –
Finding: 17-1 / SIGNIFICANT DEFICIENCY
Inadequate Design of Internal Controls over the Preparation of the Financial Statements

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

Update –

A decision was made – Approved unanimously


16. Discussion and Possible Scheduling of a Date to Hold a Public Hearing Regarding the Adoption of a System Development Fee Analysis – Town Clerk Finnell

Agenda Packet –
McGill and Associates has prepared the System Development Fees Report for the Town. The report was posted to our website on March 261h and written comments were solicited. The report must be posted for at least 45 days.

In accordance with §162A-209, after expiration of the posting period, the Board needs to hold a public hearing prior to considering the adoption of the analysis. We recommend the Board schedule the public hearing for May l41h.

Previously reported –
System Development Fees Report
Click here
to view the System Development Fees Report prepared by McGill and Associates in accordance with HB 436. Written comments on the report may be sent to heather@hbtownhall.com. Comments will also be accepted by mail at Town of Holden Beach, Attn: Heather Finnell, 110 Rothschild Street, Holden Beach, NC 28462. The Board will schedule a public hearing prior to considering the adoption of the analysis. Information on the public hearing date will be provided when available.

 Update –

No decision was made – No action taken


17. Request to Sell Beer at Holden Beach Festivals by Citizen Mark Pompeii – Pending Request

§130.03 SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES PROHIBITED.
   No person shall consume, serve, or drink wine, beer, whiskey, or alcoholic beverages of any kind on or in the public streets, boulevards, alleys, parks, sidewalks, or public buildings within the town, unless otherwise approved by the Board of Commissioners.

Mark Pompeii withdrew request


18. Town Manager’s Report

Tri-Beach Volunteer Fire Department
50th Anniversary Celebration to be held on Saturday, April 21st, at the HB Pavilion

SEARCH 5K
See Every Athlete Run for Conditional Health.
The program focuses on a comprehensive running program for the youth in Brunswick County Schools. The purpose of the program and of this event is to work on reducing childhood obesity by promoting healthy, active lifestyles into adulthood.

The event held here on Saturday, April 14th had over one thousand (1,000) participants. Wow! Almost eight hundred (800) were children which validates our “family beach” moniker.

 Holden Beach Bridge
DOT has scheduled repair work to start after Labor Day. No imminent danger that they are aware of at this time.

Vehicle Decals
The 2018 vehicle decals were distributed with the March water bills. Decals are your passes to get onto the island. Please make sure to place your decals in your vehicle or in a safe place. Property owners without a valid decal will not be allowed on the island during restricted access. No other method of identification is accepted in an emergency situation.

Water Tower
They have completed repainting the water tower. The cell phone equipment placed on the two monopole towers will be put back on the water tower as the next phase of this project.

BEMC
Crews are on the island replacing all two hundred (200) plus street lights. Swap out will increase our annual lighting bill by $6,000. They have already completed a significant amount of the project. All work will be completed by Memorial Day.

Ranger Street
New parking configuration mirrors that on Elizabeth Street

Lockwood folly Inlet
Channel was open, navigation buoys were not put back
Recent storm event may have negatively impacted the area

Dune Stabilization
Beach grass planting west of the Central Reach Project will begin after Memorial Day.

FEMA
Matthew storm damage projects, Town has requested final inspection

Canal Dredging
The Town is planning to perform a complete dredge of all of the canals this coming fall/winter (November 2018 – Mar 2019). Among the many actions associated with executing a successful project is the coordination of bulkhead condition assessments in addition to floating dock and boat movements. It is recommended that property owners begin getting ready for the canal dredging as early as possible by first assessing the condition of their bulkheads so that repairs on those structures can be made in plenty of time before dredging begins. This will not only provide for the best dredging effort, but also lesson the possibility of leaky bulkheads filling canals back in prematurely after dredge completion. It will also allow property owners to procure the services of qualified bulkhead repair contractors who are in limited supply these days and are currently experiencing a high degree of backlog work. The Town will also be conducting its annual inspection of the bulkheads. Likewise, it is also recommended that property owners begin to coordinate the actions needed to move your floating docks in anticipation of the actual dredge arrival in order to facilitate a better excavation near their pilings. Finally, boat movements should also be considered. You may want to begin planning for winter accommodations and repairs to your boat now. Remember that boat dry docks book up fast. Initiation of the coordination required for any needed bulkhead repairs, dock and boat movements now will alleviate undo stress and compressed timelines as the project nears its start.

Previously reported –
We have been apprised of recent changes regarding the obtainment of consent agreements for USACE dredge spoil areas.   Those changes will result in closer scrutiny of remaining capacity in existing sites; hence longer/unknown lead times and quite possibly denial of permission to place material from this fall’s canal maintenance dredging in the Corps disposal sites. 


General Comments –

There were thirty-four (34) members of the community in attendance
Another marathon session with about half the public still there at the end of the meeting

The BOC’s next Regular May Meeting is scheduled for Tuesday, May 8th

RENTERS’ INFORMATION
Town website provides the following information:
GENERAL INFORMATION
SANITATION SERVICES
AQUATIC LIFE STINGS
NOISE/ NUISANCE
WALKERS/ RUNNERS/ JOGGERS/ CYCLISTS
CYCLISTS UNDER 16 YEARS OLD
CYCLING AT NIGHT
GOLF CARTS
MOTOR SCOOTERS
CALLS FOR SERVICE (Emergency or Not)
For more information » click here

Lou’s Views – Guest Information
For more information » click here

Town Manager’s Review
The Town Managers performance review was supposed to be done on the anniversary date of his hire which is in February. Once again it was not done in a timely manner.


BOC’s SPECIAL MEETING / April 13, 2018      

    1. Discussion and Possible Action by the Board to Direct Clark Wright, Environmental Attorney for the Town of Holden Beach to Request that the USACE Immediately Suspend Further Processing of the Town’s Pending Section 10 and Section 404 Permit Applications, SAW-2011-01914, Pending Further Determinations by the Holden Beach Board of Commissioners

.     2. Budget Workshop (Expenses)

Peter asked for an explanation of what was meant by the word suspend. Mike explained it was an alternative to achieve the stated goal, to extend the comment period. He explained that he was informed that USACE would not look favorably on an extension but would look favorably on a suspension. Motion was strictly a safety measure. The thirty-day time limit for the comment period will have expired before the BOC’s Regular Tuesday meeting. By approving the motion, they would prevent the clock from running out. They would get the one-day calendar gap covered until Board decides how to proceed at the Regular meeting. Should have been a simple matter to extend comment period by one day by approving motion since what was presented as an alternative to achieve the stated goal. Far more divisive debate than one might expect. As it turned out the USACE agreed to extending the commenting period to May 4th.

Unbelievable, that the word suspend which was in the motion created a kerfuffle. Even though all of them agreed that they wanted the same thing, to extend the comment period, they all decided to cut off their nose to spite their face. Seems a bit daft to me! More importantly the actions were inimical to our interests. Fortunately, the USACE extended the comment period despite the Commissioners lack of agreement.

USACE PUBLIC NOTICE

Issue Date:  April 13, 2018
Comment Deadline: May 4, 2018
Corps Action ID: SAW-2011-01914

All interested parties are hereby advised that the Wilmington District, Corps of Engineers (Corps) is extending the commenting period on the permit application request made by the Town of Holden Beach for the Town’s plan to implement a shoreline protection project along the east end of the island, which consist of the construction of a terminal groin along the Lockwood Folly Inlet, in Brunswick County, North Carolina.  This notice amends our March 15, 2018 Public Notice seeking comments on the Town’s permit request and extends that notice’s commenting period to May 4, 2018.
For more information » click here

Budget Workshop – Expenses
Expenses submitted were just a draft
From my perspective the meeting was a wasted exercise
Don’t see that the discussions will be translated into any real reduction in expenses
Not one single penny, not one, was cut from the submitted budget expenses!
Time is running out, the next scheduled Budget Workshop is for the Budget Message

Takeaways are as follows:
.     1)
Salary
.       a)
Budgeted 3% merit pool based on performance evaluation
      b)
Need to evaluate entire compensation package not just salary
.     2)
Beach Ranger program
.       a)
Expand beach patrol to four people, on two shifts for ten hours a day
.     3)
Budget included purchasing six (6) vehicles

 Board inaction belays the claims of fiscal rectitude.

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
* Only five (5) members of the community were in attendance
. 6)
13 April BOC’s Workshop Expenses
* Only five (5) members of the community were in attendance
. 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)


Public Water and Sewer System Development Fee Act
Audit Committee BOC’s Tasker Regarding House Bill 436

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

System Development Fees Report
Click here to view the System Development Fees Report prepared by McGill and Associates in accordance with HB 436. Written comments on the report may be sent to heather@hbtownhall.com. Comments will also be accepted by mail at Town of Holden Beach, Attn: Heather Finnell, 110 Rothschild Street, Holden Beach, NC 28462. The Board will schedule a public hearing prior to considering the adoption of the analysis. Information on the public hearing date will be provided when available.

EXECUTIVE SUMMARY and PURPOSE STATEMENT

Executive Summary:

The North Carolina General Assembly passed House Bill 436 in July 2017, amending Chapter 162A of the General Statutes by adding “Article 8, System Development Fees.” This amendment was enacted as “An Act to Provide for Uniform Authority to Implement System Development Fees for Public Water and Sewer Systems in North Carolina and to Clarify the Applicable Statute of Limitations.” in HB436, which requires compliance with designated calculation methodology by July 1, 2018.

In response to the House Bill 436, the Town of Holden Beach retained McGill Associates to complete a system development fee analysis. Based on the Town of Holden Beach’s combination of existing system capacity and planned capital improvements to expand capacity, the development fee, in accordance with HB 436 rules for an Equivalent Residential Unit (ERU) for water and sewer was calculated to be $20,577. ERU is defined as the water and sewer capacities required to serve the most typical user type, which is a three-bedroom single-family dwelling.

The fee for other types of development can be calculated by applying the calculated cost of capacity per gallon of flow per day to the water and wastewater demands for various uses as defined by NC Administrative Code 15A NCAC 18C .0409 and 15A NCAC 02T .0114 using the following table:

Holden Beach System Development Fees: Cost per Gallon per Day Calculation
Item Cost-Justified System Fee Cost of Capacity ($ / gpd)

1 Water System $14.48 ($ / gpd)
2 Sewer System $41.07 ($ / gpd)


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

A repeat of 2017′: Experts predict another destructive hurricane season
A scientist with Global Weather Oscillations is predicting the 2018 Atlantic hurricane season to be “somewhat of a repeat of 2017,” claiming this year will bring more devastating storms. According to GWO, a storm prediction company, this year’s Atlantic hurricane season may be just as destructive — or even more destructive — than the 2017 season, which ended with 17 named storms and 6 major hurricanes. In 2017, GWO predicted 16 named storms, eight hurricanes and four major hurricanes. Professor David Dilley, senior research and prediction scientist for GWO, predicts that 2018 will be “somewhat of a repeat of 2017,” but some hurricane landfalls will occur in different locations this year. Dilley anticipates 16 named storms, eight hurricanes and four major hurricanes. He also predicts four of the hurricanes have potential for U.S. landfall — with two likely being “major impact storms.” “Some United States zones and the Caribbean Islands are currently in their strongest hurricane landfall cycle in 40 to 70-years,” Dilley said in a statement. Dilley says the reason for another disastrous hurricane season has to do with ocean water temperatures. He explains how the temperatures continue to run warmer than normal across most of the Atlantic, especially in the Caribbean region and the Atlantic near the U.S. “This is very similar to the ocean temperatures of last year, and this will again be conducive for tropical storms and/or hurricanes forming and/or strengthening near the Lesser Antilles and close to the United States,” he added.
Read more » click here


Terminal Groin –Terminal Groin #6 - CR

Terminal Groin Presentation
For more information
» click here

For more information, go to the Terminal Groin post


HBPOIN – Lou’s Views
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